The United States oracle of the day — Portsmouth, N.H., 1800-12-22 00:00:00, page 1

Between the French Republic &
the United States of America.
THE Firfl Conjul of the French
Republic, in the name of the
French People, and the President
of the United States of America,
equally animated with a deftre to
put an end to the differences which
have arisen between the two States,
have refpeLively nominated their
Plenipotentiaries, and invested them
with full powers to negotiate upon
these differences & terminate them :
That is to fay, the Firs Confci of
the French Republic, in the name
of the French People, has nominat
edfor Plenipotentiaries of the said
Republic, the Citizens Joseph Bu
onaparte, Ex-Ambafader of the
French Republic at Rome, and
Counfellor of State ; Charles-
Pierre Ciaret-Fleurieu, Member
of the National Inflitute, and of the
Office of Longitude of France, and
Counfellor of State, PreJident of
the Section of Marine ; and Pierre-
Louis Roderer, Member of the
National Infitute, and Counfellor
of State, Prefdent of the Section of
the Interior •,and the Prefdent of
the United States of America, by
and with the advice and confer of
the Senate of fat'd States, has ap
pointed for their Plenipotentiaries
Oliver Elsworth, Chief Jufice of
the United States, William Rich
ardson Davie, ci-devant Governor
of North-Carolina, and William
Vans Murray; Refdent Minister
of the United States at the Hague :
Who, after having exchanged
their full powers, and patiently and
carefully difaffed their refteElite
interests, have agreed to the follow
ing articles :—
Art. I. There shall be a firm, invio
table and universal peace, and'true and
sincere friendfhip between the French
Republic and the United States of A
merica, as well between their countries,
territories, cities, and places, as between
their citizens and inhabitants, without*
exception of persons or places.
11. The Ministers Plenipotentiary of
the two parties, not being empowered
at present to agree relative to the trea
ty of alliance of the 6th of February,
1778, to the treaty of friendfhip and
commerce of the fame date, and to the
convention of the 14th of November,
nor to the indemnities mutually due
and claimed, the parties shall further
negociate upon these points at a corive
nient time ; and- until they shall be a
greed upon these points, the said ra
ties and convention (ball have no effea,
and the relations of the two nations
shall be regulated as follows :
111. The ships belonging to the
State taken on either fide, or which
may be taken before the exchange of
ratifications, (hall be given up. .
IV. The properties captured and
not yet definitively condemned, or
which may be captured before the ex
change of ratifications, except contra
band merchandize destined for an ene
my's port, shall be mutually restored
upon the tyfowing proofs of property,
viz.
On the one part and on the other.
-=±3t~-r±r——-== — rer— SCT==^^
AMERICAN INDEPENDENCE, TWENTY-FIFTH YEAR. FEDERAL GOVERNMENT, TWELFTH YEAR.
<be Battel) ^tatea &a ®racle of tlje Bap.
PORTSMOUTH, N.H. Printed and Published every SATURDAY Morning, by CHARLES PEIRCE, Printer of the Laws &c. of
the United States,
MONDAY, DECEMBER I'
[g, The Editor of the United States' Oracle,
ever anxious to furnifh his Patrons with all
intelligence of any moment, and consequent
on a press of Foreign momentous NEWS,
struck off a supplement Extra on Saturday
morning last. But as an entire copy of the
Convention of our Commiffiorers with the
French Republic, arrived on Saturday night,
he thought it his duty to furnifh a Second
Supplement Extra, containing this important
NEWS! It is handed to the Public without
any comment. The Editor flutters himfelf,
that the exertions of two whole nights, thus
to gratify public expectation, will be reward
ed, at least, with the fmilcs of his Patrons—
and if they should smile in the form of CASH,
it would be flill more acceptable.
AN EXACT COPY OF THE
Treaty with France
CONVENTION
OF ALL THE D I SPOSITIONS AND HABITS WHICH LEAD TO POLITICAL PROSPERITY, RELIGION AND MORALITY ARE INDEFENSIBLE SUPPORTS WASHINGTON^ L^r.
ORACLE EXTRAORDINARY.
the proofs of property relative to mer
,chant veflels armed or unarmed shall
be a paflport in the following form :
" To all those to whom these pre
sents shall come, be it known, that pow
er & permission has been given to = .
Mailer or Commander of the vessel
called the , of the city of , of
the burden of tons, or thereabouts,
now lying in the port or harbor of
and defined for , laden with ,
that after his ship has been visited, and
before his departure, he shall make
oath before officers authorifed for that
purpose, that the said ship belongs to
one or more fubjedt, of —'—, the exe
cution of which form shall be annexed
to these presents, in order that he may
observe and cause to be observed by his
crew the maritime ordinances and re
gulations, and give in a lift signed and
attested, containing the names and fir
tiames, places of birth andfabode, of
the persons composing the crew of his
ship, and of all on board her, whom he
shall not receive on board without the
knowledge and permission of the offi
cers authorifed for that purpose ; and
in every port and harbor where he
shall enter with his ship, he shall fheW
the present permission to tire proper of
ficers, and make to them a faithful re
port of all that has passed during his
voyage, and carry the colors arms, and
flags of the French Republic or the U
nited States, during his said voyage :—
In testimony of which we have signed
these presents, caused them to be coun
tersigned by——, and thereunto put
the seal of our arms.
“ Given at •, in the year of
our Lord ."
And this purport shall be Sufficient
without any other document, notwith
standing any regulation to the contra
ry-
It shall riot be necessary to renew or
revoke this passport, whatever number
of voyages the said ship shall have
made, unless they Shall not have re
turned.home within the Space of a year.
With refpeCt to the cargo the proofs
shall be certificates, containing an ac
count what place the ship has left, and
where it is going to, so that prohibited
and contraband merchandise may be
distinguished by certificates, which cer
tificates shall have been' made by the
officers of the place from whence the
ship shall havefet put agreeable to the
accuftamed forms of the country.—-
And if these passports or certificates,
or both; shall have been deftreyed by
accident, or taken away by force, the
want of them shall he supplied by every
other proof of property admhlible ac
cording to the general usage of nations.
For other ships besides merchant
fliips the proof shall be the commissions
they bear. This article shall take ef
fect from the date of the signature of
the present Convention ; and if by the
date of the said signature, property
shall have been condemned contrary to
the spirit of the said Convention, and
previous to the knowledge of this stip
ulation, the property so condemned
shall be restored or paid for.
V. The debts contracted by either of
the two nations towards the individuals
of each shall be acquitted, or the pay
ment shall be in course, as if there had
been no mifunderflanding between the
two dates ; but this clause shall not
extend to indemnities claimed for cap
tures or condemnations.
VI. The trade between the two
parties shall be free ; the ships of the
two nations, and their privateers, as
well as their prizes, shall be treated in
their refpeCtive ports as those of the
most favored nation, and in general the.
two parties shall enjoy in each other's
ports,, with refpeCt to commerce and
navigation, the fame privileges as the
most favored nations.
VII. The citizens and inhabitants of
the United States, may dispose by will,
donation, or otherwise, of their goods,
moveable and immoveable property
pofefcd in the European territory of
the French Republic, and the citizens
of the French Republic shall have the
fame power with regard to the goods,
moveable and immoveable property
poffefled in the territory of the United
States, in favor of firth persons as they
fha.ll think proper. The citizens and
inhabitants of one of the two States,
who shall be heirs of the goods, move
able or immoveable property situate in
the other, may succeed ab bitefat, with
out there being any necessity for letters
of neutrality, arid without the efted of
this Population being contested or im
peached under any pretence what
ever ; and the said heirs, whether by
private right, or ab inteftaf. shall be, ex
empt from all right whatever of any
one in either of the two nations. It is
agreed, that this article shall not dero
gate in any manner from the law, which
are now in force, in either of the two
nations, or which may be promulgated
hereafter against emigration ; and also,
that in case the laws of either of the
two states shall limit to foreigners the
exercise of the right of immoveable pro
perty ; such immoveable property may
be fold, or otherwise disposed, in favor
of the inhabitants or citizens of the
country where they shall be lituate ;—
and it shall be open, to the other nation
to establish similar laws.
VIII. To favour the commerce of
both natrons, it is agreed, that if war
(which God forbid) should break out
between the two nations, the merchants
and other citizens, or refpedive inhabi
tants, shall be allowed on both sides fix
months after the declaration of war,
during which period they shall have
time to retire, with their effects and
moveables; which they may carry a
way, or fell, as they shall think proper,
without the least impeachment, their
effe&s, and still less their persons, shall
not, during the period of fix months, be
seized. Oil the contrary, they shall
have passports, which shall be valied
for the time necessary to enable them
to return home, and those passports
shall be given for themselves, as well as
for their ships and effefts which they
shall desire to take or fend away. These
passports shall serve as proteaions a
gainst all insults and all captures on the
part of privateers, as well with regard
to themselves as their effects ; and if
within the term above-mentioned there
shall have been committed by one of
the parties, its,citizens, or inhabitants,
any wrong towards their persons or
their property, they shall have complete
fatisfadion.
IX. The debts due by individuals
of one of the two nations to the indivi
duals of the other shall not, in case of
war or national difyute, be sequestered
or confifehted, no more than the claims
or funds which shall be found in the
public funds, or in the public or pri
vate banks.
X. The two contracting parties may
nominate for the protection of trade,
Commercial Agents, who shall reside
in France & the United States. Each
•f the parties may accept such place as
it shall judge proper, where the tefl
dence shall be fixed. Before any agent
can exercise his functions, he must be
accepted according to the received
forms of the party to which he is sent,
and when he shall be received and pro
vided with his exequatur, he shall en
joy the rights and prerogatives which
are enjoyed by similar agents of the
most favoured nations
XI. The citizens of the French Re
public shall not pay, in any ports, har
bours, roads, countries, Inlands, cities,
and places of the United States, other
or greater duties or imposts, of what
ever nature soever they may be, and
whatever names they may have, than
those which the most fovoured nations
are or shall be bound to pay ; and
they shall enjoy all rights, liberties,
privileges, immunities, and exemptions,
relating to trade, navigation, and com
merce, whether in paring from one
part of the said dates to another, or
whether in going there or returning
from some part to any part of the
world, that the said nations enjoy, or
shall enjoy, and reciprocally the citi
zens of the United States shall enjoy
in the territory of the French Repub
lic, in Europe,' the fame privileges, and
immunities, as Well for their goods as
their persons, as for what concerns
trade, navigation, and commerce.
XII. The citizens of the two nations
may conduct their vessels and'their mer
chandises (always excepting such as
are contraband) from any port to ano
ther belonging to the enemy of the
other nation. They may navigate and
commerce, with full liberty and fecuri
ty,with their ships and merchandifes;in
the countries, ports, and places of the
enemies of the two parties, or of the
one or the other party, without obstacles
or interruption, and not only pass di
re&ly from the places and ports of
the enemy abovementioned to neutral
ports and places, but from every place
belonging to an enemy, whether it be
or be not Subject to the fame jurisdic
tion, unless those places or ports shall
be really blockaded, besieged or in
vested.
And in case, as it often happens,
when veiTels shall be failing for places
or ports belonging to an enemy, igno
rant that they are blockaded, besieged,
or inveiled, it is agreed that every ship
which shall be found under such a pre
dicament shall be tarried from that
place or port without any part of its
cargo being retained or confiscated
(unless it shall be contraband, or it shall
be proved that the said ship, after hav
ing been informed cf the blockade or
inveftitufe, attempted to enter the fame
port,) but it shall be allowed to go to
any other port or place it shall think
proper. No ffiip of either nation, en
tered in a port or place before it shall
have been really blockaded, besieged,
or invested by the other, shall be pre
vented from going out with its cargo :
if it shall be there when the said place
shall surrender, the ship arid cargo
shall not be conhfcated, but font away
to the proprietors.,
XIII. To regulate whaLfhall be un
derstood by contraband warlike Stores un
der this denomination shall be compris
ed powder, faltpetre, petards, matches,
balls, bullets, bombs, grenades, carcas
ses, pikes, halberts, fwords,belts,piftols,
scabbards, saddles, harness, cannons,
mortars, with their carriages, and gen
erally all arms and ammunitions of
war, and utensils for the use of troops.
All the above articles; whenever they
shall be destined for an enemy's port,
are declared contraband, and jaftly
fubjeft to confiscation ; 'but the ship in
which they shall be laden, as well as
the rest of the cargo, shall be ednfider
ed as free, and shall in no manner be
vitiated by the contraband merchan
dise, whether they belong to the fame,
or different proprietors.
XIV. It is stipulated by the present
treaty, }hat the free ships shall equally
assure the liberty of merchandize, and
that all things shall be deemed free,
which are found on board ships belong
ing to the citizens of one of the ^con
tracting parties, even though the fame
or part of it, shall belong to t]peene
mies of one of the two ; provided, ne
vertheless, that contraband goods are
always excepted. It is likewise agreed
that this fame liberty shall extend to
persons who may be on board the free
fliip, though they should be enemies of
one of the two contrasting parties, and
they shall net be taken from the said
free ships, unless they are in a military
capacity, and actually in the service of
the enemy.
XV. It is on th^ cchtfary agreed,
that all property which shall be put, by
the refpeCHve citizens, on board ffiips
belonging to an enemy of either party,
or their fubjeds, shall be confifcated
without diftin&ion of merchandise, pro
hibited, or not prohibited, so and
in like manner as if it belonged to
an enemy, with the exception al
ways of property and effects which
shall have been put on board the
said ships before the declaration of
war, or even after the said declaration,
if at the time of lading, the party ^ere
ignorant of it ; so that the merchan
dises of citizens of the two parties,
whether they be in the number of con
traband or not, which, as has been al
ready said, shall have been pin on board
a ship belonging to an enerfiy before
the war, or even after the said declara
tion of war, in ignorance of it, shall
not be in any manner fubjed to confif
cation, but shall be faithfully and truly,
given up without delay to the owners
claiming them, provided nevertheless
that they shall not be permitted to car
ry into the enemies ports merchandise
which shall be contraband. The two
Contracting powers agree, that after a
term of two months has puffed fro:':':
the declaration, their refpe&ive cite
zens, in whatever part of the world
they may be, shall not be at liberty to
plead the ignorance mentioned in this
article.
XVI. Merchant vessels belonging to
citizens of either of the contracting
powers, when they ihall have a mind to
pal's to the port of an enemy of the one
or the other, and that their voyage as
well as the nature of their cargo Ihall
afford just cause of suspicion, the said
Ihip shall be 6'oliged to exhibit at high
fca, as well as in ports and, roads,
not only their passports, but further thr:r
certificates, proving that these goods
are riot of the clzfs of contraband Spe
cified in the 13th article of the present
convention.
XVII. And in order to prevent
captures ori frivolous suspicions, and
the damage thus resulting, it is agreed
that when one of the two powers shall
be at war, and the other neutral, the
veflels of the neutral party shall be pro
vided with passports similar to those
Specified in the 4th article, so that it
may thence appear that the parties be
long to a neutral party. These pan
ports shall be valid for any number of
voyages whatever ; but they shall be
renewed every year, if the ship returns
home within the Space of a year. If
these ships are laden, they shall be pro
vided not only with the passports above
mentioned, but alfp with certificates of
the description of those mentioned in
the fame article; so that it may Eq
known whether they have on board
contraband goods. No other paper
shall be required, all usages and regula
lations to the contrary notwithstand
ing ; and if it should appear from these
certficates that there is not contraband,
merchandise on board, the said ships
Shall be left to pursue their destination.
If, on the contrary, it should appear
from these certificates thdt the said
Ships have contraband merchandise 011
board, and the Commander offers to
deliver them up, the , offer Shall be ac
cepted, and the fliip left at liberty to
prosecute her voyage, unless die quan
tity of contraband goods should be too
great to admit of being taken on board
of the fliip of war or cruizer ; in this
case the Ship Shall be carried into port
for the purpose of there delivering the
said goods.
Should a ship be f>und without the
passports or the certificates above re
quired, the business shall be examined
bt competent judges or tribunals ; and
if it should appear from other docu
ments or proofs admitiible by the law
of nations, that the ship belongs to ci
tizens of the neutral power, it shall riot
be condemned, and it shall be set at lib
erty with its cargo, contraband good#
excepted, and" shall have leave to profe-'
cute its voyage.
Should the ' Captain named in the
passport happen to die or be removed;
arid another shall have been appointed
in his place, the ship and cargo, shall be
nevertheless secure, and the paiiport
shall remain in full force.
XVIII. If the vessels belonging to
citizens of the one nation or the other
shall be met along the coast, or on
the high seas, by any ship of War
or cruiser belonging to the other, to
prevent, all disorder, the said ships or
cruisers shall keep beyond the reach of
cannon (hot, and shall fend their boat
on board the merchant veffcl so met
with. They shall not be allowed to
fend on board more than two or three
men to demand from the matter or
captain of the ship the exhibition of
his passport concerning the property of
said ship, executed agreeable to the
form prescribed in the 4th Article, as
also the certificates above-mentioned
relative to the cargo. It is expressly
agreed that the neutral captain, shall
not be obliged to go on board the vi
siting ship for the purpose of there
shewing the papers demanded, or for
any otner information whatever.
XIX. It is expressly agreed by the
parties, that the above ftipulatioris rela
tive to the conduct to be observed at
fa by the cruifersof the belligerent par
ty towards the vessels of the neutral
party shall apply only to ships failing
without convoy ; and in case when
the said ships shall be convoyed, the
intention of the parties being to observe
an the refped due to the protection of
the Hag hoisted on board ships of the
Rate, no visit shall be made. But the
verbal declaration of the Commander
of the escort, that the ships, under his
convoy belong to the nation, whose flag
he carries, and that they have riot any
thing contraband on board, fnall be
taken by the r^eflive cfuizers as am
ply fufficient. The two parties bind
themfelfes reciprocally not to admit
under prote&ion,of their convoys any
vessels carrying contraband merchan
dize destined for an enemy.
XX. In case when the fhips'fhall be
taken or Qopt, under alledged grounds
of their carrying any contraband arti-