The New-Jersey gazette — Burlington [N.J.], 1779-02-03 00:00:00, page 1

TREATY of AMITY and COMMERCE,
continued from our la/l.
Article 25. "WT shall be lawful for all and singular
M the fubjefts of the Most Christian
M King, and the citizens, people and
inhabitants of the said United States,
to fail with their ships with all man
ner of liberty and security, no dif
tiudtion being made who are the proprietors of the
merchandize laden thereon, from any port to the
places of those who now are or hereafter shall be at
enmity with the Molt Christian King or the United
States. It fhali likewise be lawful for the fubjefts and
inhabitants aforefaid to fail with the ships and mer
chandizes aforementioned- and to trade with the fame
liberty and security frqnhthe places, ports and havens
of those who are enemies of both or either party,
without any opposition or disturbance whatsoever,
not only directly from the places of the enemy afore
mentioned to neutral places, but aifo from one place
belonging to an enemy to another place belonging to
an enemy, whether they be under the jurifdibtion 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 fhali be deemed to be fr e
and exempt which shall be found on board the ships
belonging to the fubjedts of either of the Confederates,
although the whole lading or any partthereof Should
appertain to the enemies of either, contraband goods
being always excepted. It is also agreed in like man
ner that the fame liberty be extended to persons who
are on board a free ship, with this efted, that although
they be enemies to both or either party, they arc not
to be taken out of that free ship, unless they are sol
diers and in actual service of the enemies.
Article 26. This liberty of navigation and commerce
fhali extend to all kinds of merchandizes, excepting
those only which are distinguished by the name of
contraband, and under this name of contraband or
prohibited goods Ihall be comprehended arms, great
guns, bombs with their fufes and other things belong
ing to them, cannon ball, gunpowder, match, pikes,
swords, lances, spears, halberts, mortars, petards,
grenadoes, faltpetre, muskets, musket ball, buck
lers, helmets, breast-plates, coats of mail, and the
like kinds of arms, proper for arming soldiers, mus
ket rests, belts, horses with their furniture, and all
other warlike instruments whatever. These merchan
dizes which follow fhali not be reckoned among con
traband or prohibited goods ; that is to fay, all forts
of cloths, and all other manufactures woven of any
wool, flax, filk,cotton, or any other materials what
ever ; all kinds of wearing apparel, together with the
species whereof they are used to be made, gold and
silver, as well coined as uncoined, tin, iron, latten,
copper, brass, coals ; as also wheat and barley, and
any other kind of corn and pulse, tobacco, and like
wise all manner of spices, salted and fmdaked flefh,
salted filh, cheese and butter, beer, oils, wines, su
gars, and all forts of salts, and in general all provili
ons which serve for the nourifliment of mankind and
the fuiteiiaii.ee of life ; furthermore, all kinds of cot
ton, hemp, flax, tar, pitch, ropes, cables, fails, sail
cloths, anchors and any parts of anchors, also ships
mails, planks, boards and beams, of what trees fo
cver, and all other things proper either for building or
repairing ships, and all other goods whatever which
have net been worked into the form of any instrument
or thing prepared for war, by land or sea, fhali not be
reputed contraband, much less such as have been al
ready wrought and made up for any other use ; all
which ftiall be wholly reckoned among free goods;
as likewise all other merchandizes and things which
are not comprehended and particularly mentioned in
the foregoing enumeration of contraband goods, so
that they may be transported and carried in the freeft
manner by the fubjefts 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 inyefted.
Article 27. To the end that all manner of diffenti
ons and quarrels may be-avoided and prevented, on
one fide and the other, it is agreed, that in case
cither of the parties hereto should be engaged in war,
the ships and vessels belonging to the fubjeds or peo
ple of the other ally mus tbe furnifhed with sea letters
or pahports, expressing the name, property and bulk
of the ship, as also the name and place of habitation
ofthe matter or commander of the said ship, that it
may appear thereby that the ship really and truly be
longs to the fubjeds of one of the parties, which pass
port fhali be made out and granted according to the
form annexed to this treaty ; they fhali likewise be
recalled every year, that is if the ship happens to re
turn home within the space of a year; it is likewise
agreed that such ships being laden are to be provided
NEW-JERSEY GAZETTE.
[Vol. ll.]
WEDNESDAY, February 3, 1779.
not only with passports as above mentioned, but also
with certificates, containing the several particulars
of the cargo, the place whence the ship failed, and
whither ihe is bound, that so it may be known whe
ther any forbidden or contraband goods be on board
of the fame, which certificates fhali be made out by
the officers of the place whence the ship set fail, in
the accustomed form ; and if any one fhali think it
fit or advileable to express in the laid certificates the
perfoii to whom the goods on board belong, he may
ifeely do so.
Article 28. The fllips ofthe fubjeds and inhabitants
of either of the parties coming upon any coast be
longing to either of the said allies, but not willing to
enter into port, or being entered into port and not
willing to unload their cagoes or break bulk, they
fhali be treated according to the general rules pre
feribed or to be prescribed relative to the object in
queltion.
Article 29. If the ships of the said fubjedts, people
or inhabitants of either of the parties, fhali be met
with, cither failing along the coasts or on the high
leas, by any ship of war of the other, or by any pri
vateers, the said ships of war or privateers, for the
avoiding of any disorder, ihall remain out of cannon
shot, and may fend their boats on board the merchant
ship which they ihall 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 fhali
exhibit his pallport concerning the property of the
ship, made out according to the form inserted in this
present treaty, and the ship, when the fhali have
shewed such passport, shall be free and at liberty to
pursue her voyage so as it shall not be lawful to mo
lest or search her in any manner, or to give her choice
or force her to quit her intended courle.
Article 30. It is also agreed, that all goods, when
once put on board the ships or vessels of either of
the two contrasting parties, shall be fubjeCt to no
farther visitation, but all visitation or search shall be
made beforehand, and all prohibited goods shall l)e
flopped on the spot before the fame be put on board,
uplefs there are manifeft tokens or proofs of fraudu
lent practice; nor shall either the persons or goods
of the fubjeds of His Most Christian Majesty or the
United States, be put under any arrest or molested
by any other kind of embargo for that cause, and
only the subject of that State to whom the said goods
have been or shall be prohibited, and who shall pre
sume to fell or alienate such fort of goods, shall be
duly punished for the offence.
Article 31. The two contrasting parties grant mu
tually the liberty of having each in the ports of the
other, Conluls, Vice-Consuls, Agents and Commis
saries, whole functions shall be regulated by a parti
cular. agreement.
article 32. And the more to favour and facilitate
the commerce which the fubjeds of the United States
may have with France, the Most Christian King will
grant them in Europe one or more free ports, where
they may bring and dispose of all the produce and
merchandize of the Thirteen United States ; and his
Majesty will also continue to the fubje&s of the said
States, the free ports which have been and are open
in the French islands of America, of all which free
ports the said subjects of the United States shall. en
joy the use, agreeable to the regulations which relate
to them.
Article 33. The present treaty ffiall be ratified on
both sides, and the ratifications shall be exchanged
in the space of fix months, or foonerif possible.
In Faith thereof the refteßive Plenipotentiaries have
fgned the above Articles both in the French and
hnglifo languages ; declaring neve-thelefs, that
the present Treaty was originaliy composed and
concluded in the French language, and they have
thereto affixed their Seals.
Done at Paris, this Sixth Day of February, One.
Thousand Seven Hundred Seventy-eight.
(l. s.) C.A.GERARD.
(l. s.) B. FRANKLIN.
(1.5.), SILAS DEANE.
(1.5.) ARTHUR LEE.
Form of the passports and letters which are to be given
to the ships and barques, according to the 27th article
of this Treaty.
' TO ALL who shall fee these presents greeting.
It is hereby made known that leave and permission
has been given to , master and commander
of the ship called , of the town of ,
burthen tons, or thereabouts, lying at present
in the port or haven of , and bound for ,
and laden with , after that his ship has been
visited, and before failing, he shall make oath before
the officers who have the jurifdidion of maritime
affairs, that the said ship belongs to one or more of
THE
the fubjefts of , the adtwhereof shall be
put at the end of these presents ; as likewise that he
will keep, and cause to be kept by his crew on board,
the marine ordinances and regulations, and enter in
the proper office a lift, signed and witnefled, con
taining the names and firnames, the places of birth
and abode, of the crew of his ship, and of all who
shall embark on board her, whom he shall rot take
on board without the knowledge and permission of
the officers of the marine ; and in every port or haven
where he shall enter with his ship, lie shall shew this
prelent leave to the officers and judges of the marine,
and shall give a faithful account to them of what
palled and was done during his voyage ; and he shall
carry the colours, arms and enfigris of the King or
United States during his voyage. In witness whereof
we have signed these presents, and put the seal of
our arms thereunto, and caused the lame to be coun
tersigned by at the day of
Anno Dom.
In C O N$G RE SS, January 13, 1779.
cannot review the progrtfs of the revolution
'which has given freedom to America, without
admiring the goodness and gratefully acknowledging
the interposition of Divine Providence. Oppreded
by the Prince who ought to have exerted himfelf for
our protection, and suddenly called upon to repel
his unprovoked invasion arms or ammu
nition, without military discipline or permanent
finances, without an eftablilhcd government or allies,
enfeebled by habitual attachments to our very ene
mies—We were precipitated into all the expensive
operations incident to a date 01 war, with one of
the most formidable nations on earth. Thus sur
rounded on all sides with wants and difficulties and
dangers, notwithstanding the internal wealth of our
country, immediate taxation was impracticable ; and,
for the fame reason and a Ihare of ill fucceis at dif
ferent periods, we could not hope, either at home or
abroad, to borrow money to lupply our exigencies.
Humbly relying on the favour of Heaven in a
righteous cause, and confiding in the justice and in
trepidity of our injured fellow citizens, we, from
neecnity, embraced the expedient of emitting paper
money on the faith of the United States, for the ex
pellees of the war —an expedient which had often
been fuccefsfully praCtifed in separate States while
we were fubjeded to British domination. The im
placable vengeance with which we have been pur
sued has compelled us to the most strenuous and un
remitted efforts: Large issues of money were of
consequence ; ndifpenfably necessary, and the paper
currency multiplied beyond what was competent for
the purposes of a circulating medium. This alone
could not fail to discredit it in some degree. The
arts ° f . an unprincipled enemy have increased the
mifchief. In despair of subduing the free spirit of
America by force of arms, or the intrigues of nego
ciation, as their last effort they have had recourse to
fraud. Their emissaries have been employed in a
variety of artifices to debate cur money, and to raise
the price of commodities. The fears and apprehen
sions of the people have been alarmed by misrepre
sentation; while our enemies of the highest rank
have, not helitated to counterfeit the bills of credit,
and disperse them throughout the United States.'
Such being the embarrassments which interrupt a
free circulation of our paper money, they loudly call
for a remedy; and Congress, from a regard to good
faith, to private justice, and to public fafety, are
bound to apply it. Happily, by a combination of
auspicious events, every obttacle is removed, and the
means placed within our reach. Those hostile armies
which attempted to enslave us, no longer formidable,
are wafted and dilperfed. Our independence is esta
blished on a firm basis; our refpedtive Governments
which compose the Union are fettled, and in the vi
gorous exercise of uncontrolled authority. An alli
ance, on terms of perfect equality, is formed with
one of the greatest nations on earth ; and, freed in
a high degree from external assaults, we have leisure
to direct our attention to ceconomy, and our resour
ces to support the public credit: To raise the value
of our paper money, and to redeem it, will not, we
are persuaded, be difficult'; nor to check and defeat
the pernicious currency of counterfeits impracticable :
Bothrequite a far lets flrare or public virtue and
public vigilance than have distinguished this arduous
conflict.
Without public inconvenience or private distress,
the whole of the debt incurred in paper emissions to
this day may be cancelled by taxes ; It may be can
celled in a period so limited as must leave the possessor
of the bills fatisfied with his security; and if by a.
continuance of the war the public service should de-
[Numb. 61.]