The Republican ledger — Portsmouth, N.H., 1800-12-23 00:00:00, page 3

For other mips betides merchant ffiips the proof
Bra!! be the commiffious they bear. I'his article
shall take effect from the date of the signature of
the prefen: Convention ; and if by the date of the
said lignature property shall have been condemned
contrary to the spirit of the said Convention, and
previous to the knowledge of this ttipulation, the
property so condemned Shall be reltored or paid
for.
„V. The debts contrasted by either of the two
. nations towards thb individuals of each Shall be
acquitted, or .the payment Shall be in course, as if
there had been no mifunderflabding between the
two Slates ; but this clause Shall not extend to in
demnities, claimed for captures,or condemnations.
VL The ir de between the two parties Shall be
free ; the Ships of the two nations, and their pri
vateers, as well as their prizes, Shall be treated in
theff respective ports as those of the mod favored
nation, and in general the two parties Shall enjoy
in each other's ports, with refpeft to commerce
and navigation, the fame privileges as the mail
favored nations..
VIL The citizens and inhabitants of the Unit
ed States may dispose by will, donation, or other
wise, of their goods, moveable and immoveable
property poffefled in the European territory of
the French Republic, and the citizens of the
French Kepublicjhall have the fame 'pou er with
regard to the goods, moveable and immoveable
property pofleffed in the territory of the United
States, irtivor of fuch'perfons as they Shall think
proper. The citizens and inhabitants of one of
the two Sites, who Shall be heirs of the goods,
minveable^ immoveable property Situate in tlie
other, may '^egeed ab intejiat, without there be
infony neceflity for letters of neutrality, and
without the eff & of this stipulation being con
tedefl or impeached tinder any pretence whatev
er ; and the said heirs, whether by private right,
or ab inteftat, Shall be exempt from all right
whatever of any one in either, of the two nations.
Itds agreed, that this article Shall not derogate in
any manner from the laws which are now in force
in either of the two nations, or which may be
promulgated hereafter against emigration ; and
-alfo,that in case the. laws of either of the two States
Shall limit to foreigners the exercise ofthe right of
immoveable property ; Such immoveable property
may be fold, or otherwise disposed, in favor Os
the inhabitants or citizens of the ebuhtry where
they Avail be Situate ; and it Shall be open to the
other nation to establish similar laws.'
VIIL To favor the commerce of both nations,
it is agreed, that if war (which God forbid)Should
break out bet ween the 2 nations, the merchants &
either citizens or refpettne inhabitants,Shall be al
lowed on both Sides 6 mouths after the declaration
of war, during which period thev Shall have time
.to retire, with their effects & moveables which they
may carry away , or feli as they Shall think proper,
without the lead impeachment, their effects, and
Ilill less their persons, Shall not during the period
offix months be seized. On the contrary they
Shall have passports, which Shall be valid for the
time necessary to enable them to return home, and
those passports Shall be given for themfefves as
well as for .Geir Ships and effefts which they Shall
define to take or fend away. These passports
fliati serve as protections against all insults, and
all captures on the part of privateers, as well with
regard to themselves-as their effects ; and if with
in the term abovementioned there Shall have been
committed by one of the parties, its citizens er in
habitants, any wrong towards their persons or
property, they Shall have complete fatisfattion.
IX. The debts due by individuals of one of the
two nations to the individuals of the other, Shall
not, in case of war or national dispute, be fequell
tered or confifeated, no more than the claims or
funds which Shall be found in the public funds or
in the public or private banks.
X. The two contracting parties may nominate
for the protection of trade Commercial agents,
who Shall reside in France and the United States.
Each sos the parties may accept such place as it
fhdk judge proper where the residence Shall be
fixed. Before any agent can exercise his func
trons, he muff be accepted according to the receiv
ed forms of the party to which he is sent, and
when he Shall be received and provided with his
exequatur, he Shall enjoy the rights and preroga
tives which are enjoyed by Similar agents of the
molt favored nations.
Xl. The citizens of the French Republic Shall
not ^y in any ports, harbours, roads, countries,
Islands, cities, and places of the ,United States,
ocher or greater duties or imports, of whatever
nature soever they may be, and whatever names
'theQuay have, than those which the molt favour
ed rßciou&are or Shall be bound to pay ; & they
Shall onjoy all rights, liberties, privileges, immu
nities, and exemptions, relating to trade, naviga
tion, and commerce, whether in parting from one
part of the said Gates 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 citizens of the
United States (hall enjoy in the territory of the
French Republic, in Europe, the fame privileges,
and immunities-, as well for their goods as their
perfops, a; for what concerns trade, navigation,
amtMeomnierce.>
XII. The citizens of the two nations may con
duct their veflels aud their merchandises (always
excepting such as are contraband) from any port
Ito another belonging torthe enemy of the other
I nation. They may navigate and commerce, with
I lull liberty and security ^with their mips and mer
chandises, 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 directly 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 fubjefl to
the feme jui ifdi&ion, unle6 those place, or ports
Shdll be really blockaded, besieged, or inverted.
And in case, as it often happens, when vessels
Shall be railing for places or ports belonging to
an enemy, ignorant that they are blockaded, be
- Sieged, or inverted, it is agreed that ever, (hip
which Shall be found under such a predicament
Shall be turned from that place or port without
any part of its cargo being retained or confifeated
(unless it shall be contr , :d, or it Shall be proved
I that the fait| Ship, aftei saving been informed of
I the blockade or inieftiture, attempted to enter
ihe fame port) but it Shall be allowed to go to any
'Other port or place it shall think proper. No Ship
of either nation, entered in a port or place before
it shall have been really blockaded, besieged, or
inverted by the other, shall be prevented from
Ming out with jts cargo : if it shall be there when
the said place shall fiirrender, the ship and cargo
shall not be confifeated, but sent away to the pro.
prietors. ~,
XIII. To regulate what,-Shall be Understood
by contraband warlike (lores, under this denomi
nation Shall be comprised powder, faltpetre, pe-
tards, matches, balls, bullets, bombs, grenades,
carcafles, pikes, halberts, swords, belts, piflols,;
Scabbards,faddles, harness, cannons,mortars, with
their carriages, and generally all arms aud amu
nitions of war and utenlils for the use of troops.
All the above articles, whenever they Shall be def
tiued for an enemy's port, are declared contraband
and justly fubjeft to confiscation ; but the ship in
which they Shall be laden, as well as the rest of
the cargo, Shall be considered 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,
that the free Ships Shall equally allure the liberty
of merchandize, and that all things Shall be deem
ed feed, which are found on board Ships belonging
to the citizens of one of the contrasting parties,
even though the fame, or part of it, shall belong
to the enemies of one of the two ; provided, nev
ertheless, that contraband goods are always ex
cepted. It is likewise agreed, that this fame lib
erty shall extend to persons who may be on board
the tree Ship, though they Should be enemies of
one of the two contracting parties, and they shall
not be taken from the said free ships, unless they
are in a military capacity, and actually in the ser
vice of the enemy.
XV, It is On the contrary agreed that all pro
perty which shall be put, by the refpettive citizens
on board ships belonging to an enemy of either
party, or their fubjetts, shall be confifeated with
out distinction of merchandise, prohibited or not
prohibited, so and in like manner as if it belonged
to an enemy, with the exception always of pro
perty ^nd effefts which shall have been put on
board the laid ships before the declaration of war,
or even after the said declaration if at the time of
lading, the party were ignorant of it ,• so that
the merchandises of citizens of the two parties,
whether they be in the number of contraband
or not, which, as has been already said, shall have
been put on board a ship belonging to an enemy
before the war, or even after the said declaration
of war, in ignorance of it, shall not te in any
manner fubjeft to confiscation, but shall be faith
fully and truly given up without delay to the
owners claiming them, providetfoeverthdefs that
they shall not be permited to carry into the ene
mies ports merchandise which shall be contra
band. The two contrasting powers agree, that
after a term of two months has passed from the
declaration, their respective citizens, in whatever
part of the world they may be, shall not be at lib
erty to plead the ignorance mentioned in this ar
ticle.
XVI. Merchant vessels belonging to citizens
of either ofthe contracting powers, when they
shall have a mind to pass to the port of an enemy
of the one or the other, and that their voyage as
iwell as the nature of their cargo shall afford just
cause of suspicion, she said ship shall be obliged to
exhibit at high sea, as well as in ports and roads,
not only their passports, but further their certifi
cates, proving that these goods are not of the class
of contraband Specified in the 13th article of the
prefect convention.
XVII. And in order to prevent captures on
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 vessels of the
neutral, party Shall be provided with the passports
Similar to those Specified in the 4th article, so tnat~
it mfy thence appear that the parties belong to a
neutral party. These passports shall be valid tor
any number of voyages whatever ; hut they shall
be rehewed'every year if the fltip returns home
within the space ofa year. If theftsfhips are laden
they shall be proved not only with the passports
above mentioned,but also with certificates of the
description of those mentioned in the fame article
io that it may be known whether they have
on board contraband goods. No other paper
shall be required, all images and regulations to the
contrary notwithstanding ; and if it Should appear
from these certificates that there is not contra
band merchandise on board, the said ships shall be
left to pursue their destination. If, on. the con
trary, it Should appear from these certificates that
the said ships have contraband merchandise on
board, aud the Commander offers to deliver them
up, the offer shall be accepted and the ship left at
liberty to prosecute her voyage unless the qantity
of contraband goods mould be too great to admit
of being taken on board of the ship of war or
cruizer ; in this case the ship shall be carried into
port for the purpose of there declaring the said
goods.
Should a ship be found without the -passports or, the certifi
cates above required, the business shall be examined by compe
tent judges or tribunals ; and if it should appear from other do
cements or proofs admiflible by the law of nations, that the ship
belongs to citizens of the neutral power, it shall not be con
demned, andit tail be set at liberty with its cargo, contraband
goods excepted, and shall have leave to prosecute its voyage.
Sliottid the Captain named in the passport; happen to die or
be removed, and another shall have been appointed in his place,
the fliip and cargo shall be nevertheless Secure, and the passport
shall remain in full force.
XVIII. If the vessels belonging co citizens of the ©ne nation
or she other Shall be met along the coal, or on the high seas, by
any 'fhip of war or cruller belonging to the other, to prevent all
difordcr, the said Ships or cruisers shall keep beyond the reach of
cannon Shot, and Shall fend their boaton board the merchantvef
fel so mot with. They shall net be allowed to fend on board
more than two of three mento demand from the master or cap
tain bf the ship the exhibition of his passport concerning the pro
perty of said ship, executed agreeable to the form prefcrlbed in
the 4th article, as also the certificates abovementioned relative
to the cargo. It is expressly agreed that the neutral captain
shall not be obliged to go on board the ,ifiting ship for the pur
pofc of there shewing the papers demanded, or for any other in
formation whatever.
XIX It is expreEly agreed by theories that the above
Stipulations relative to the conduct tiftfraferved at sea by the
conifers of the belligerent party towatfs vessels of the neu
tral party Shall apply only to ships fa&ig without convoy : and
in case, when tire said flips shall be convoyed, the intention of
th© parties being to observe all the reaped due to the protection '
of the flag hoitted on board ships of the date, no visit shall be
"made. But the verbal declaration of.the commander of the es
cort, that the Ships, under his convoy belong to the nation, who*
flag he carries ; and that they have not any thing contraband on
board, Shall be taken by the refpe&ive crullers as amply fnfficient.
The two parties bind themfeives reciprocal, not to admit un
der proteaton of their convoys any vessels carrying contraband
merchandize destined for an.enemy..
, XX. In case when the ships Shall be .taken or ftopt, under
alledged grounds of their carrying any contraband articles to the
enemy, the captor shall give a receipt of the flrip's papers which
he shall detain, which receipt shall be subjoined to a declaratory
lift 6f the said papers. He Shall not be permitted to force o^n
the hatches, coffers, chests, drawers, bates, &c. found on board
ships, nor to carry off the smallest article of the efforts before the
cargo has been disembarked in presence of the officers competent
to make an inventory of the said efforts. They cannot in any
manner be fold, exchanged or alienated, unless; after a legal
process, the competent judge or judges h#ve passed upon the said
efforts a sentence of confifeation (excepting always the ship aud
the other objects that it contains.),-
XXI. In order that the vessel and the cargo may be watched
with care, and in order to prevent miftakA, it is decreed that the
master, captain or supercargo of the captured ship cannot be
taken from on board, either while the ship is at sea, after being,
taken, during the proceedings against it, its cargo, or any thing
relative to it.
In case of the ship belonging to either party being, taken,
seized, and retained for judgment, its officers, pafagerg and
crews than be treated with humanity ; they cannot be imprison-
fed nor robbed of their clothes or pocket money, not exceeding
for the captain, supercargo and second, five hundred dollar# each,
and for the sailors and passengers, one hundred dollars each.
XXII. It is moreover agreed on, that in every case the tribu
nals appointed for prize causes in the countries whither the priz"
es ihall be taken, shall slonclc competent to try them ; and
every judgment which the tribunal of either party * pronounces
against a ship, or merchandize; or property reclaimed by the
citizens of the other party, the. sentence or decree shall make
mention of the reasons or motives which have determined this
judgment, of which an authentic copy, as well as of all the pro-
I ©codings relative to it, shall, on their requifitionq hG delivered
without delay to the captain or agent of the.faid ship, after pay
ing the expences.
XXIII. And finally, in order more effectually to provide for
the lefpertive security of the citizens of the two contracting par
ties, and to prevent the injuries to be feared from ships of war
or privateers of either party,.all the commanders of ships of war
or privateers, and all the citizens of both parties, shall refrain
from all violence against one another and from every personal
ififult. If they art in a contrary manner they shall be punched,
and bound over in their persons and properties to give fatisfac
tipn and reparation for the damage, with interest, of whatever '
kind the said damage may be.
To this effect all the captains of'privateers, before receiving
their commissions, shall become bound before a competent judge
to give security by two tefponfible cautions at least, who shall
have no interest in the said privateer, and whom each, as Weil
as the captain, shall engage individually for the sum of 7,000
dollars, or 36.820 francs, if the said vessels carry more than 150
sailors or soldiers, for the sum of 15,000 dollars, or 7 3,670 francs,
which shall fer"e to repair the damage that the said privateers,
their officers, or crews, or any of them, shall have committed
during their cruise contrary to the difpofitior.s of the present con
vention, or to the laws and instructions which ought to be the
rule of their conduct : betides this, the said commission shall be
revoked and annulled in every case where an aggression has been
committed.
XXIV. When the ships of war of the two contrasting parties
or those which their citizens shall have armed, shall be admitted
with their prizes into the ports of either of the two parties, the
said public or private vessels, as well as their prizes,%all not be
obliged to pay any duties, cither to the officers of the place, or
to tire judges or to any others. The said prizes entering tn the
harbors or ,oit, of one of the two parties, shall not be arretted
or felzed, and the officers of the ph _ shall not take cognizance
of the validity of the Aid prize, wk.™ are to be fuffered to go
out, and be conducted with full freedom and liberty to their
ports, by the commiflions which the captains ofthe said vessels
shall be obliged to drew. It is always underflood, that the stipu
lations of this article shall not extend beyond the privileges of
the most favored nations,
XXV. All foreign privateers having commiff.ons from a state,
or Prince at war with one or other nation cannot arm their vessels
in tire ports of cither nation,'or difyofe of their prizes there, or
in any manner exchange them. They shall not be allowed to buy
provisions further than the necessary quantity to gain the nearest
port of the State or Prince from whom they shall have received
Urcir.commiffiom.
XXVI. It is further agreed that neither ofthe two contract
ing patties shall receive pirates in its ports, roads or cities, and
shall not permit any of its inhabitants to receive, protest, support,
or conceal them in any manner, but shall deliver up to due pun
ishment such of its inhabitants as shall be guilty off the like arts or
crimes ; the ships of those pirates, as well as thetr effects and
merchandize, shall be seized wherever they shall be difeovered,
and restored to their proprietors, agents, or factors, duly author
ized by them, after having proved their right before judges com
petent to decide refpeding the property.
If the said effects have passed by sale into other hands, and
the purchasers were or might be informed, or have fufperted that
the said effects were carried away by pirates, they shall be equally
restored.
XXVII. Neither of the two nations shall interfere in the fifh
eries of the other upon its coasts, nor disturb it in the exercise of
the rights which it now hts, or may acquire on the coasts of
Newfoundland, in the Gulf of St. Lawrence or elfeUhere 01: the
coast of America, or the north of the United States ; but the
whale and seal fifhery shall be free for the two nations in all parts
of the world.l
The Convention Chall be ratified on both fidcs in due form
and the ratifications shall be exchanged in the space of tlx months
or sooner if it be poffible.' In faith thereof the refpcCtive Pleni
potentiaries have signed the above articles as well in the French
as in the English language and have placed their seals, declaring
ncverthelefs that the signature in two languages shall be citefeas
an example, and shall not prejudice either ofthe two parties.
Done at Paris, the eighth day of Vendemaire the
9th year oftbe French Republic, and the 3d of
Sept. 1800.
{Sigued) JOSEPH BONAPARTE/
/ ▼ C. P. FLEURIEU.
ROEDERER.
OLtV. ELLSWORTH.
W. R. DAVIE.'
W. V. MURRAY. -
For an ex^a copy.
C. M. TALLEYRAND.
&e Bepubtican Ledger.
—-TS^Q^g^^fr^afefo-Q
Portsmouth, December 22, 1800.
—.<.<§,fr-) —
Always anxious to give our readers the latest
and most intportant occurrences as early as pofr.
Jible, we publijb the Ledger one day Jooner than l
usual, for the purpose of presenting them with
the CONVENTION between the French
Republic and the United States of America,
to give place to which, we are under the ne
ceffi'J °f omitting a variety of interefling mat
ter, both foreign and Domestic, prepared Jar
this week's Ledger.
“ Accompanying the B. King's Speech,
was the correspondence between France &
England, refpeaing Peace ; comprising 47
papers—By those it appears, that Citizen
Otto had proposed to- Lord Grenville, an
armistice by sea and land ; a free navigation
. to theveffelf of both nations, &c.="
-<-<^fe>-F
From the Boson Centinel of WedneJday lafl.
(corrected.)
Portsmouth Frigate arrived.
Yesterday Mr. Nutting of Salem, arrived
here from Norfolk, (Vir.) via. tfc Vine
yard ; the - former of which places he left on
Friday fen'night, and allures us of the fafe
arrival, in Hampton- Roads, of the frigate
Portsmouth, Capt. M'Neil, from Franck ;
having the Hon. Mr. Davie, on board.—
He also informs, that Judge Ellsworth, be
ing unwell; was left in France, and that
Mr. Murray, had returned to the Hague.
Our informant adds, that he saw Gov. Da
vie and Captain M'Neil in the Portsmouth's
barge, going aihore. We place full reli
ance on this account.
LONDON, OCT. 3°.
His Excllency Oliver Ellsworth, the Chiet juf.
tice of-the late Envoys to Paris, arrived in Lon
don yesterday morning from France finding that
his health would not permit him to prosecute his
. voyage to Philadelphia at present.
'. LONDON, OCT. 27.°:,
The Convention concluded at Paris betweenthe
Frenchßepublic and the United States of Am - rica
has been publilhed. If relieves ps from all appre
henfopf any thing hottile to this country on the
part|cf America. In re-ettablifhing harmony with
prance the was not weakened the ties that bind
her to this country and her renewal of friendly
intercourse with the French Republic has not
been purchased by a facrifice of the relations of
omity and peace which fubhfl between her and •
Great-Britain.
It is not difficult to divine the motive and the
objects of the stipulation contained in the 16th ,
Article of the Treaty, by which neutral vessels
failing under convoy are not to be visited.
Glorious News !
From the Boflon Centinel.
cc BAD news”
To the Editor,
"Washington, Dec. 10.
" I regret to inform you, that
the Secretary of State has received a
letter from Gen. Charles C. Pinckney, dated
Columbia, Nov. 26th. in which he fays,"
owing to the abJence of ten Federal members by
sickness, and several other causes," which
he mentions, " there is the greatest proba
bility that Mr. JEFFERSON AND Mr.
BURR WILL HAVE EVERY VOTE
IN SOUTH-CAROLINA."
Another letter from Washington, of the
fame date fays, " Gen. Pinckney writes
that the South-Carolina Eichlers are not
yet chosen but they will be for Jeffirfon and
Burr." _ [ibid.
All parties agree, that the choice of a
Prelident and Vice-President depends on
the votes of the Electors of South-Carolina,
and according to the above accounts the
votes will stand thus:
Jefferfpn,
Burr, 73
Adams, 65
Pinckney, 63
THO' sMORTON,
"° N OFTH£ -
GOLDEN 2 KEY, 0
MARKET STREET,
VtA
Has just received a large assortment of
Boots, Shoes and Slippers;
of various kinds and qualities,
Boot-Legs, English Soais, &c.
which he is felling very low for calh.
, He has also jap received afro bundles of
Skirting & Harness Leather,
It being a consignment, will be fold low,
for ready cash only.
He has aljo for fate, afem casks of
Excellent frelh RAISINS,
And Retails
Brandy, Rum,,Sugars, Teas,
Coffee, Flour, Cotton, Rice, Rai
sins, Candles, Rigging and Seal-
Leather, Morocco do. Hats, &c.
Portsmouth, Dec. 2o,„i8oo.
FRESH
Raisins, Currants and Figs.
fufl received and for Sale at
B. LEVERETT'S
GROCERY-STORE,
No. I, Bow-street, Spring-Hill,
—VIZ. —
Malaga Raisins per calk or ,
retail ; Mufcatal do. per box or do.—black
Zant Currants ; Figs; foft (hell'd Almonds ;
Citron ; Mace ; Nutmegs ; Cloves ; Cinna
mon ; Ginger ; Alfpice & Pepper per bag or
retail.
Superfine Flour per bbl. or retail ;
Oatmeal; Rice ; Coffee; Wellh & Sweet
fer's No. i & 2 warranted Chocolate ; Cho
colate (hells ; Englitb Mustard pr. lb. or
bottle ; Cayenne per do. Florence Oil per
Hafk ; Anchoives and Capers per bottle ;
Scott's true Liquid Blueing per jugg ; Cake
Soap ; Windsor's (having do.
Hair Powdery Poland Starch ; re
fined Salt Petre per lb. ; .tyetaceu mould
and dipt Candles ; Spanifha^ French In--
digo ; warranted pigtail Tobacco per role ;
fine twist & ladies' do ; Smearing No. 1, 2
and 3 do. Spanish Segars; American do.
GunpoWder per caftfor retail; pa
rent Shot allotted per bag or retains wrap
ping paper per ream {Elliot's wafenteji. ^
Snuff per keg or retail.
.Philadelphia & Boston loaf Sugar
per hundred or retail ; Eati l'ndia per bag ;
WeftJndia per bbl. or retail."
Bohea, Souchong, Hyfon Skin,
Hyfon, Yopng Hyfon & Gundowder TEAS
of the firft qualities.
W. L Rum, Old ditto ; Brandy ;
real Hollands Gin (white) per gal. or case ; •
old Cherry Rum; Molasses ; Sherry, Lisbon
and Malaga Wines. , -
Quart and pint Decanters ; Tum
blers per draw.
(Weft,lndia & Georgia Cotton.