The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1778-05-13 00:00:00, page 2

Tn C © N\G RESS, May 6, 1778.
WHERE 1S Congress have received, from
their Commissioners at the Court of France,
copies of a Treaty of Amity and Commerce, and of
a Treaty of Alliance, between the Crown of France
and these United States, duly entered into and exe
cured at Paris on the 6 h day of February last, by a
M : nfter properly au horded by his Mod Christian
M/jhty on toe one part, and the laid Chmmiffionets
on the other part: AND WHEREAS the said
treaties have been maturely considered and una
nimnufo ratified and confirmed by Congress. In
which said treaty of Amity and -Commerce are the
articles following, to wit.
Article Vi. The Most Christian King shall
endeavour, by all the means in his power, to pio
tetf and defend all vessels and the effects belonging
to the subj &s, people or inhabitants of the laid U
nited States, or any of them, being in his ports,
havens, roads, or on the seas near to his countries,
ill nds, cities or towns; and to recover and restore
to the right owners their agents or attoroies, all
such v^ls and effects which (hall be taken within
his jo TJiaion ; and the (hips of war of his Most
Christian Maj^fty, or any convoy fading under his
authority, fha'l upon all occasions take under their
protection al vessels belonging to the fubj^s, peo
ple ir rahabi ants of the said United States, or any
of them, and holding the fame course, or going the
fame way, and (hall defend such vlfels, as long as
they hold the fame course, or go the fame way a
gainst al? attacks, force and violence, in the fame
manner as they ought to protect and defend the ves
sels belonging so the lubfefs of the Most Christian
King.,
Article VH. In like manner the said United
States, and their (hips of war, failing under their
authority, shall proted and defend, conformably to
teen r 0 the preceding article, all the v ffds and
effects belon ing to the lubjeds of he Most Chri ian
Kog, and use all their endeavours to recover, and
cnife to be referred, the said vessels and effects that
shall b ave been t.-ken wrhin the jurifdi&iun of the
said Unit; d Sta es, .r any of them.
Article XV. The merchant (hips of either
of the par is when ihah be mlngi,to a port be
longing to the enemy of the other Jly, and concern
ing whole voyage and the species of goods on board
her there (ha I be jud grounds of 'Ufpieion, (hall be
obliged to exhib, as well upon the high 'eas as in
the or s nd havens, not only her passports, but
like wife certificates exp.efly (hewing that her goods
are not of he number 0 those which have been
prohibited as co aband.
Article XV. If, by the exhibi ing of the
ab vefaid cer ihcatrs, the other party discover there
are any of there forts of goods which are pohioited
at; I declared contraband, and consigned for a port
reler the obedience of iris enemy, it shall not be
lawful to break uothe hatches of such (hip, or to
cp^ my ch:ft coffers fecks, c-fc, or any other
v.ffA f uni therein, or to remove the smallest par
c"s V her goods, whether such (hip belongs to the
tu','^ O ~ Fiance, or the inhabitant of the said U
me : Ata: & uvefs the lading be bought on fiore
in the pebnce of the officers of the Court of Admi
ralty, and an inventory thereof made, but there
(had be no afewance to fell, exchange or alienate
the aroe io any manner, until after that due and
law'ul p^cefs sh II < ave been had against such pru-
Cd goods, add the Court of Admiralty (had,
by a fentee pronounced, ha -e cmfrcated the fame;
Fur g al # a°s, as wed'he (sap irieif, as any other
pools found herein, which by this treaty are to be
tF<m % l free; neither may they be detained on pre
tt^ of their being as r were ina&d by the pro
hib; duoofk much Cfs (till they be corfifca;ed as
hv/ui prize; but if rot die whole cargoe, but only
fir • .hereof, 4h.nl corfilt of pr hibued or contraband
.eds, and the commander of the (hip shall be ready
:S milling to deliver them to the captor, who has
dickered t^em, in such case, the captor, having
rec ued chide goods, fhdl forthwith discharge the
.i° and urn hinder her by any means feely to pro
frute the voyage on which die was b^ud; but in
c e .he contraband merchandize cannot be all re
ceveri on board the vessel of the captor, then the
cantor mav, not'v thdandmg the offer of delivering
fro : he coutraband goods, carry the veffcl into the
nearest nor,, zareeab e to What is ab?ve directed.
Article XVL On the c htrary it is agreed,
That whvtee (hall be found to be laden by the
be; 0$ and inhabitants of either party, on ary (hip
burn,ing to she enemies of the other, or to their
0 ; As, the wh le, although it be rot of the fort
ofprohibited roods, nuy be cenfif&.ted, in the fame
manner a- if it belonged to the enemy, except such
0, d and mercha,dize as were put on board such
'■Core 'be deHaru fy of war, or were after such
h C own, if I'o belt were d; ne without knowledge
wh declaration; so that the goods of the fnb
jeds and people of either party, whether they be of
the native of such as are prohibited or otherwise,
which as is aforefaid were pat on board any (hip be
b^ging to an enemy before the war, or after the
declaration of the fame, without the knowledge of
it, (had no ways be liable to confifcanon, bat (hall
well and truly be restored without delay to the pro
prietors demandmg the Fine; but (0 as that, if the
laid merchandize be contraband, it fltail not be any
wayslawful to carry them afterwards to any port
belonging to the enemy; the two contrasting par
ties agreeing, that the term of two months being
patt alter the declaration of war, their relpe&ive
tubjeds, from whatever part of the world they come,
shall net plead the ignorance mentioned io this ar
ticle.
Article XVII. And that more efß&ual ere
may be taken for the security of the (objects and in
habitants of both parties, that they fuffer no injury
by the men of war or privateers of the other party,
all the commanders of the (hips of his Most Christi
an Majesty and of the said United States, and all
their lubjeds and inhabitants, (hall be forbid doing
any injury or damage to the other fide; 'and if they
ad to the contrary, they shall be punched, and (hall
moreover be bound to make faiisfadion for all mat
ter of damage, and the in ereft thereof, by repara
tion, under the pain and obligation of their persons
and goods.
Article XX If any ffiip belonging to either
of the parties, their people or fubjrds, shall within
the coasts or dominions of rhe other stick upon the
sands, or be wrecked, or fuffer any other damage,
all friendly assistance and relief (hall be given 10 the
perlons Ihipwrecked, or such as (hail be io danger
thereof, and letters of afe conduct (hail hkewife De
given to them foi their free and quet passage from
thence, and the return of every one to his own coun
tr y-
Article XXI. In case the fubjeds and inhabi
tants ot either par y, wah their (hipping, whether
public and of war, or private and of merchants, be
forced through Itrefs of weather, pursuit of pirates
or enemies, or any other urgent nectih y for seeking
of iheter and harbour, to retreat and enter into any
of the rivers, bays, roads or ports belonging to the
other party, they shall be received and treated with
all humai ity and ktndnels, and e joy all friendly
pro edion and help; and they (hail be permitted to
lefrefh and provide themselves at reasonable rates
with vi&uais, a'd all things needful for the luftenance
of their petfons, or reparation of their (hips, and
c nveoiency of their voyage; and they (hall no ways
be detained or hindered bom returning out of the
laid ports or roads, but may remove and depart
when and whither they p.ea e, without any let or
hindrance.
Article XXV. It shall be lawful for all and
fi gular the (objects of the Most Chrdban King,
and the citizens, people and inhabitants of the laid
United States, to tail with their Ihips withal man
ner of liberty and (ecurity, no di bndion being made
who are the proprietors of the merchandize laden
thereon, from any port, to the places of thole who
now are or hereafter shall be at enmity with the Mett
Chritian King or the United States. It (hail nke
wife be lawful for the uojeds and inhabita ts afore
laid to fail with the (hips and merchandizes afore
mentioned, and to trade with the fame liberty and
(ecurity from the places, ports and havens of those
who are the enemies of both or either party, w th
out any opposition or diflurbance whatsoever, not
only dire&ly from the places of the enemy aforemen
tioned to neutral places, but alto from one place be
-I°^°^ to an enemy to another place belonging to
an enemy, whether they be under the jurisdiction es
the lame Prince or under several: And it is hereby
stipulated that free (hips (hall also give a freedom to
goods, and that every thing (hall be deemed to be
free and exempt, which Shall be found on board the
(hips belonging to the fubjedts of either of the cenfe
dera es, although the whole laden, or any part there
of, Should appertain to the enemies of either, con
traband goods being always excepted: It is also
agreed id like manner, that the lame liberty be ex
tended to perfuns who are on board a free (hip,
with this e£d, that, although they be enemies to
both or ei her party, they are not to be taken out of
that free (hip, unless they are foldieis, and in the
a&ual service of the enemies.
Article XXVI. This liberty of navigation and
commerce (hall extend to all kinds of merchandizes,
exc pting those only which are distinguished by the
name of contraband, and under this name of contra
band or prohibited goods shall be comprehended
arms, great guns, bombs with their fufes, and other
things belonging to them, cannon ball, gun powder,
match, pikes, swords, lances, (pears, halberts, mor
tars, pen rds. granadoes, falt-petie, mufl<ets, mus
ket bail, bucklers, helmets, breast plates, coats of
mail, and the like kinds of arms, proper for arming
soldiers, musket refis, belts, hdrfes with their fur
niture, and all other warlike inftrumenrs whatever.
Ihefe merchandizes which follow shall net be
reckoned among contraband or prohibited goods,
that i to fay, ail forts of cloths, and all other ma
nufactures woven of any wool, flax, (ilk, cotton, or
any ether materials whatever; all kinds of wearing
apparel, together with the fpectes whereof they aie
used to be made, gold and silver, is veil coined as
uncoined, tin, iron, latten, copper, brass, coals,
as a so wheat and bar ey, and any other kind of corn
and pulse, tobacco, and likewise a'l manner of fpiees,
salted and fmoaked HUh, kited 6(h, chee'e amd but
ter, beer, oils, wines, sugars, and all lof's of saris,
and in general all provifiors which lerve for the notf
rifhment of mankind and the sustenance of lite; fur
theimme, all kinds of cotton, hemp, flax, tar, pitch,
ropes, Cables, fails, fail cloths, anchors, and any
parts of anchors, also (hips mails, planks, boat.ls
and beams, of what trees soever, and all othertbings
proper either for budding or repairing (hips, and al
other goods wl:a soever, which have not been work
ed into the form of any inst ament or thing prepared
for war by land or by sea, shall not be reputed con
traband. much lefsiuch as have been already wrought
and made up for any other use; all which fhaii be
wholly reckoned among free goods, as likewise all
other merchandiz s and things, which are not com
prehended and particularly mentioned in the forego
ing enumeration of contraband go. ds, so that they
may be tranfponed and carried m the freed manner
by the tunjects of both c nfede ates, even to places
belonging to an enemy, such towns or paces being
only excep cd, as are at that time besieged, blocked
up, or invaded.
Article XXVII. To the end that all manner
of drifennons and quarrels may be avoided and pre
vented, on one fide and the other, it is agreed, that
in case either of the parties hereto ffioulc be engaged
in war, the ihips and veffeis bel< ngme to the fubj'dfs
or people of the other ally must be furnished with sea
letters of passports, expiring the name, property
and bulk of the (hip, as also the name and place of
habitation of the matter or commander o' the said
(hip, that it may appear thereby that the (hip really
and truly belongs to the fu j^ls of one of the par
ties ; which paflport shall be male out and granted
according to the form annexed to this treaty. They
shall likewise be recalled every year, that is, if the
(hip happens to return home wi bin the space oft
year; it is likewise agreed, that such (hips being la
den, are to be provided not only with passports as a
boyementioned. but also with certificates, containing
the leveral particulars of the cargo, the place whence
the (hip faded, and whither (he is bound, that so it
may be known whether any forbidden or contraband
gods be on board of the fame; which certificates
shall be made out by the officers of the place whence
the (hip feffail, in the accustomed forms; and if any
one (hail chink it fit or advileable to express in the
said certificates the perlon to whom the goods on
board belong, he may freely do so,
Article XXIX. If the (hips of the said fubje&s,
people or inhabitants of either of the parties shall be
met wi h, either failing along the coaffs, or on the
high seas, by any fliips of war of the other, or by
any privateers, the said (hips of war, or privateers,
for toe avoiding of any d:f>rder, (hall remain out of
cannon (hot,, and may fend their boats on board the
merchant (hip which they shall so meet with, and
may enter her to the number of two or three no
only, to whom the master or commander of such
(hip or vessel (hall exhibit his passport concerning the
property of the (hip, made out according to the form
inferred in this present treaty; and the (hip, when (he
shall have (hewed such passport, shall be free and at
liberty to pursue her voyage, so as it shall not be
lawful to molest or search her in any manner, or to
give her chace, or force her to quit her intended
course.
Form of the passports and letters, qvbfh are to be given
to the foips and barques, according to the 27th Ar
ticle of this Treaty.
To ALL who (ball fee these Presents Greeting.
IT is hereby made known, that leave and permission
has been given to master and commander
of thefeip called ofthe town of burthen
tons or thereabout, lying at present in the port
and haven of and bound for and laden
with after that hisftip has been visited. and be
fore failing he shall make oath before the officers whe
have thejurifdidion of Maritime affairs, that the said
sap belongs to one or more of the fubjefts of
the a& whereof Jhad be put at the end of these presents,
as tikewije that he will keep, and cause to be kept by
bis crew on board, the marine ordinances and regulati
ons, and enter in the proper office a lift, Jigned and
witnessed, containing the names and fir names, the
p aces of birth and abode of the crew of his ship, and of
all who shall embark on board her, whom be shall not
take on board without the knowledge and permiffon of