The New-Jersey gazette — Burlington [N.J.], 1778-05-27 00:00:00, page 2

In CONGRESS, May 6, me.
WHEREAS Congress have received, from their
Commissioners at the Court of France, copies
of a Treaty of Amity and Commerce, and of a Trea
ty of Alliance, between the Crown of France and
these United States, duly entered into and executed
at Paris on the' 6th day of February lafb, by a Mini
ster properly authorifed by his Molt Chriltian Ma
jesty on the one part, and the said Commiilioners
on the other part: AND WHEREAS the said trea
ties have been maturely considered and unanimofy
ratified and confirmed by Congress. In which said
treaty of Amity and Commerce are the articles fol
lowing, to cuit.
Art. 6. The Most Chriftihn King shall endeavour,
by all the means in his power, to protest and de
fend all vessels and the effects belonging to the fub
jeds, people or inhabitants of the said United States,
or any of them, being in his ports, havens, roads, or
on the seas near to his countries, idands, cities or
towns ; and to recover and restore to the right own
ers, their agents or attorniee, all such vessels and ef
fects which shall be taken ,ithin hjs jurifdidion;
and the ships ot war of his Most Chriltian Majcily,
or any convoy failing under his authority, ihall upon
all occasions take under their protection all vessels
belonging to the fubjedts, people or inhabitants of
the said United States, or any of them, and holding
the fame course, or going the fame way, and inall de
fend such vessels, as long as they hold the fame course,
or go the fame way, againit all attacks, force and vio
lence, in the fame manner as they ought to protest
and defend the vessels belonging to the fubjedts of
the Most Chriltian King.
Art. 7. In like manner the said United States, and
their ships of war, failing under their authority, shall
protest and defend, conformably to the tenor of the
preceding article, all the vessels and effects belonging
to the fubjeds of the Most Chriltian King, and use
all their endeavours to recover, and cause to be re
stored, the said vessels and effects, that shall have been
taken within the jurisdiction of the said United States,
or any of them.
Art. 14. The merchant ships of either of the par
ties which shall be making into a port belonging to
the enemy of the other ally, and concerning whole
voyage and the species of goods on board her there
shall be just grounds of suspicion, shall be obliged to
exhibit, as well upon the high seas as in the ports
and havens, not only her passports, but likewise cer
tificates, expressly Shewing that her goods are not of
the number of those which have been prohibited as
contraband.
Art. 15. If, by the exhibiting of the abovefaid cer
tificates, the other party difeover there are any of
those forts of goods which are prohibited and de
clared contraband, and consigned for a port under
the obedience of his enemy, it Ihall not be lawful to
break up the hatches of such ship, or to open any
chest, coffers, packs, calks, or any other vessels found
therein, or to remove the smallest parcels ofher goods,
whether such ship belongs to the fubjedts of France,
or the inhabitants of the said United States, unless the
lading be brought on shore in the presence ot the of
ficers of the Court of Admiralty, and an inventory
thereof made, but there shall be no allowance to fell,
exchange or alienate the fame in any manner, until
after that due and lawful process shall have been had
against such prohibited goods, and the Court of Ad
miralty shall, by a sentence pronounced, have confif
cated the fame ; laving always, as well the ship itfelf,
as any other goods found therein, which by this
treaty are to be esteemed free; neither may they b€
detained on pretence of their being as it were infest
ed by the prohibited goods, much less shall th^y be
confifeated as lawful prize; but if not the whole
cargo, but only part thereof, shall consist of pro
hibited or contraband goods, and the commander of
the ship shall be ready and willing to deliver them to'
the captor, who has difeovered them, irt such case,
the captor, having received those goods, shall forth
with difeharge the ship, and not hinder her by any
means freely to prosecute the voyage on which flic
was bound ; but in case the contraband merchandize
cannot be all received on board the veflel of the cap
tor, then the captor may, notwithstanding the offer
of delivering him the contraband goods, carry the
veflel into the ncareft port, agreeable to what is
above directed.
Art. 16. On the contrary it is agreed, That what
ever shall be found to be laden by the fubjettsand
inhabitants of either party, on any ship belonging
to the enemies of the other, or to their fubjetts, the
whole, altho'it be not of the fort of prohibited goods,
may be confifeated, in the fame manner as if it be
longed to the enemy, except such goods and mer
chandize as were put on board' such ship before the
declaration of war, or were after such declaration,
if so be it were done without knowledge of such de
claration ; so that the goods of the fubjedts and peo
ple of either party, whether they be of the nature of
such as are prohibited'or otherwise, which as is afore
faid were put on board any ship belonging to an ene
my before the war, or after the declaration of the
fame, without the knowledge of it, ihall no ways be
liable to confifcatron, but shall well and truly be re
stored without delay to the proprietors demanding
the fame ; but so a's that, if the said merchandize be
contraband, it shall not be any ways lawful to carry
them afterwards to any port belonging to the ene
my; the two contracting parties agreeing, that the
term of two months being past after the declaration
of war, their refpe&ive fubje&s, from whatever part
of the world they come, shall not plead the ignorance
mentioned in this article.
Art. 17. And that more effectual care may be taken
for the security of the fubjerfs and inhabitants 6f both
parties, that they fuffer no injury by the men of war
or privateers of the other party, all the commanders
of the ihips of his Mott Chrillian Majesty and of the
laid United States, and all their fubjetts and inhabi
tants Ihall be forbid doing any injury or damage to
the other 'fide ; and if they act to the contrary, they
shall be punilhed, and ihall moreover be bound to
make fatisfadtion for all matter of damage, and the
interest thereof, by reparation, under the pain and
obligation of their persons and goods.
Art. 20. If any ship belonging to cither of the par
ties, their people or subjects, ihall within the coasts
or dominions of the other hick upon the sands, or
be wrecked, or fuher any other damage, all friendly
alliftance and relief shall be gi^en to the persons ship
wrecked, or such as shall be in danger thereof) and
letters of fate conduct shall likeWiie be given to them
for their free and quiet pailhge from thence; and th^
return of every one to his own country.
Art. 21. In case the subjects and inhabitants of ei:
ther party, with their fhippihg, Whether public and
of war, or private and of merchants, be forced thro'
stress of weather, pursuit of pirates or enemies, or
any other urgent necellitv for reeking of shelter 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 humanity
and kindness, and enjoy all friendly protection and
help ; and they shall be permitted to rcfrelh and pro
vide themselves at reasonable rates with victuals; and
all things needful for the sustenance of their persons,
or reparation of their ships, and conveniency of their
voyage ; and they shall no ways be detained or ten
dered from returning out of the said ports or roads,
but may remove and depart when and whither they
please, without any let or hindrance.'
Art. 25. It shall be lawful for all and singular the
fubjeCts of the Molt Chriltian King, and the citizens;
people and inhabitants of the said United States, to
fail with their ships with all manner of liberty and
security, no diftin&ion being made who arc the pro
prietors of the merchandize laden thereon, frun any
port, to the places of those who now are or hereaf
ter shall be at enmity with the Most Christian King
or the United States. It shall likewise be lawful for
the fubjeCts and inhabitants aforefaid to fail with the
Ihips and merchandizes aforementioned, and to trade
with the fame liberty and security from the places,
ports and havens of those who are the enemies of
both or cither party, without any oppbfition or dis
turbance whatsoever, not only directly from the
places of the enemy aforementioned to neutral places,
but also from one place belonging to an enemy to,
another place belonging to an enemy, whether they
be under the juTifdidion of the fame Prince or under
several: And it is hereby stipulated that free ships
shall also give a freedom to goods, and that every
thing shall be deemed to be free and exempt, which
shall be found on board the ships belonging to the
fubjedts of either of the confederates, altho' the whole
laden, or any part thereof, should appertain to the
enemies of either,, contraband goods being always
excepted : It is also agreed in like manner, that the
fame liberty be extended to peffons who are on board
a free ship, with this effect, that, altho' they be
enemies to both or either party, they are not to be
taken out of that free ship, unless they are soldiers v
and in the actual service of the enemies.
Art. 26. This liberty of navigation and commerce
shall extend to all kinds of merchandizes, excepting
those only which are dihin^uilhed by the name of con
traband, and under this name of contraband or pro
hibited goods shall be comprehended arms, great
guns, bombs with their fufes, and other things belong
ing to them, cannon ball, pin-powder, .match, pikes,
swords, lances, spears, halberts, mortars, petards, gra
nadoes, ftlt-pctrc, mufkds, musket ball, bucklers,
helmets, bread-plates, corts of mail, and the like
kinds of arms pro,er for arming soldiers, musket
rests, belts, horfcs with thrir furniture, and all other
warlike instruments whatever. These merchandizes
which follow ihall not be reckoned among contraband
or prohibited goods, that i to fay, all forts of cloths,
and all other manufacture: woven of any wool, flax,
lilk, cotton, or any other materials whatever; all
kinds of wearing apparel, together with the species
whereof they are used to b made, gold and lilver, as
well coined as uncoined, in, iron, latten, copper,
brass, coals, as also wheat aid barley; and any other
kind of corn and pulse, tobacco, and likewise all man
ner of spices, salted and Inoaked flefh, faltcd fiih,
cheese and butter, beer, els, wines, fugafs, and all
forts of salts, and in gencal all provisions which
serve for the nourifhmertof mankind and the
sustenance of life ; furthermore, all kinds of cotton,
hemp, flax, tar, pitch, rope, cables, fails, fail-cloths,
anchors, and any parts of nchors ; also Ihips mates,
planks, boards and beams)f what trees soever, and
all other things proper eithe for building or repairing
ships, and all other goods matfoever which have not
been worked into the formfany internment or thing
prepared for war by laud r by sea, ihall not be re
puted contraband, much lei such as have been alrea
dy wrought and made up foiahy other use ; all which
shall. be wholly reckoned along free goods, as like
wise all other merchandizesmd things which are not
comprehended audpulic^Uly mentioned in the fore-
going enumeration of contraband goods, so that' they
may be transported and carried in the freeft manne
by the fubjedts of both confederates, even to places
belonging to an enemy, such towns or places being:
only excepted, as are at that time besieged, blocked
up, or invested.
Art. 27. To the end that all manner of diffentions
and quarrels may be avoided and prevented, on one
fide and the other, it is agreed, that in case either of
the parties hereto Ihould be engaged in war, the ships
and vessels belonging to the fubjeds or people of the
other ally mute be furnifhed with sea letters or pass
ports, exprefling the name, property and bulk of the
ship, as also the name and place of habitation of the
matter or commander of the said ship, that it may ap
pear thereby that the ship really and truly belongs tc
the fubjeCts of one of the parties ; which paflport Ihall
be made out and granted according to the form an
nexed to this treaty. They shall likewise be recall
ed every year, that is, if the ship happens to return
home within the space of a year; it is likewise
agreed, that such ships, being laden, are to be pro
vided not only with passports as above-mentioned,
but also with certificates, containing the several par
ticulars of the cargo, the place whence the ship failed,
and whither Ilie is bound, that so it may be known
whether any forbidden or contraband goods be on
board ofthe fame ; which certificates shall be made out
by the officers of the place whence the ship set fail, in
the accustomed forms ; and if any one shall think it
fit dr advifeable to express in the said certificates the
perlon to whom the goods on board belong, he ma,
freely do so.
Art. 29. If the ships of the said fubjeds, people or
inhabitants of either of the parties shall be met with,
either failing along the coasts, or on the high seas, by
any 'fhips of war of the other, or by any privateers,
the said ships of war, or privateers, for the avoiding
of any disorder, shall remain out of cannon shot, and
may lend their boats on board the merchant ship
which they shall so meet with, and may enter her to
the number of two or three men only, to whom the
master or commander of such ship or vessel ihall exhi
bit his paflport concerning the property of the ship,
made out according to the form inserted in this pre
sent treaty ; and the ship, when she shall have shewed,
such paflport, 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 feafports and letters <wbich are to be given
to thejhips and barques, according to the „tb article
of this treaty.
To ALL who shall fee these Presents, Greeting.
JT is hereby made kno^n, that leave and permfon
bas been green to master and commander of the
Jbip called of the town of burthen tens or
thereabout, lying at present in the port and haven of
and bound for and laden with after that his
ship has been visaed, and before failing he Jball make
oath before the officers who have the jurifdißion of ma
ritime affairs, that the said ship belongs to one or more
of thejabjekls of the art whereof Jball be put at the
end of these presents, as likewise that be will keep, and
cauje to be kept by bis crew on board, the marine ordi
nances and regulations, and enter in the foper office a
lifl,fgned and witnefed, containing the names and Jir-,
names, the places of birth and abode of the crew of bis
flip, and of all who Jball embark on board her, whom
be Jball not take on board without the knowledge and
permission of the officers of the marine ; and in every
port or Laven where be Jball enter with bis ship,. be
Jball Jkewtbis present leave to the officers and judges of
the marine, and shall give a faithful account to them of
what paged and was done during bis voyage ; and he
Jball carry the colours, arms and enJigns of the King, or
United. States, during bis voyage. In witness whereof,
we bave Jigned these presents, and put the seal of our
arms thereunto, and caused the fame to be counterJigned
by at the day of Anno Domini
NOW THEREFORE, to the end that the said
treaty may be well and faithfully performed and kept
on the part and behalf of these United States, RE
SOLV ED, That all Captains, Commanders, and
other Officers and Seamen, belonging to any of the
vessels of war of these United States, or any of them,
or of any private armed vessels commiflioned by Con
gress, and all other the subjects of these United States,
do govern themselves strictly in all things according to
the above recited articles, and that they do afford the
fame aid and protection to the persons, commerce
and property ofthe subjects of his Most Christian Ma
jefty,as is due to the persons, commerce and proper
ty ofthe inhabitants of these United States. AND
FURTHER, IT IS RECOMMENDED to all the in
habitants of these States, to confider the fubje&s of his
Molt Chriltian Majesty as their brethren and allies,
and that they behave towards them with the friend
ship and attention due to the subjects of a GREAT
PRINCE, who, with the highest magnanimity and
wisdom, hath treated with these United States on
terms of perfeft equality and mutual advantage,
thereby rendering himfelf THE PROTECTOR OF
THE RIGHTS OF MANKIND.
Extract from the Minutes,
CHARLES THOMSON, Secretary,
LONDO N, December 23.
'THO' Mr. Burgoyne is much praised for his dra
l mate abilities, a correspondent observes Major
General Gates has the advantage of him even in that
refped, as the former was never able to rife-above