The Patowmac guardian, and Berkeley advertiser — Shepherdstown, Va. [W. Va.], 1795-07-18 00:00:00, page 1

The Potomak Guardian, & Berkeley Advertiser.
[Number 243—vqj,. 5.
SATURDAY, July 18, 1795.
[PRICE TWODOLLARS PER ANN.]
m
Franklin.
WHERE LIBERTY DWELLS, THERE IS MY COUNTRY.
Treaty of Amity, Commerce, and
Navigation, between his Britannic
Majelty, and the United States of
America : By their PreSdent, with
the Advice and Confent of their Se
nate.
[Concluded tram our ’afr. j
Art. XIII. YTI$ majelty oonfents that the vcf
Cels belonging to the citizens of
the United S: a., s of America Hull be admitted and
hofpitably received in all lea-ports and harbors ot
the Bririlh territories in the Raft-Indies. And t hat
the citizens of the laid United States mav freely
carry on a trade between the laid territories and
the laid United States in all art'.ties ot which the
importation or exportation to or from the laid ter
ritories, ihall not tie entirely prohibited. ProvVjed
only, that it lhil? not be lawful for them in any
time of war between the Britilh government and
any other power or Bate whatever, to export from
the laid let rirories, without the fpecial permission
cf the Briti 1U government there, any military
H ires or naval Bores or rice. The citizens of the
U ,i:ed States {hall pay for their Vefsels when ad- .
mi-, red into the laid ports, no other or higher ten
u:.-ge d'.ny than Jh--.il be payable in Britilh velsels j
yvnen 'dmiited into the ports ot the United States, -j
And tiny Ihall pay no other or higher duties or j
charges oil the importation or exportation ot the
cargoes of the laid vefsels, than Ihall be payable ;
on the fame articles when imported or exported in j
jbritiih vcfsds. But it is exprr-fsly agreed, that
the vefsels of the United States ihall not cam- any .
eft he articles ex purred by them from the fa id Britilh
territories to any port or place except to lome port
or place in America, where the fame Ihall be unla
den, arid fuvii regulations Ihall be adopted by both
.parties, as ihall from time to time t. found necei
to enforce the due anti faithful obfervance ot
this 0 ipul tiion. It is alto underftood that the
ptrm’.lsion granted by this article is not to extend
to allow the vtfscls of the Unite.] States to carry on
any part of the coafting trade of 'he laid Britilh
territories; hut velsils lining with thetr original
cargoes, or part tjiertor horn one po> i u*
to another, are not to .he, confiderc-d as carrying on
the ensiling trade. Neb her is this article to be
conftrued to allow ihe citizens.of the fa id States to
ft tile or re Title within the fan! territories, or to go
into the interior parts thereof, without.the permif
iion of the Brit i!li government elcablilned there;
an«l if anv tranfgreision Ihould be attempted agatnlt
the regulations of the Britiih government in this
relpccc, til's obfervanae of the lame Ihall. and may
be enforced again ft the citizens of America in the
lame manner as a gain ft Britiih iubjccts or others
tranfgrefsing the Tame rule. And ihe citizens of
^he United States whenever they arrive in any
Port or Harbour in the laid territories# or if they
fhould he permitted in manner aforebid, to goto
any other place,therein, (hall always be fubject to
the laws, government and jurildietion cf wi^t na
ture eftablifhed in fuch Harbour, Fort or Place, ac
cording as the fame may he ; The ci'prens of the
United Slates, may alfo touch for refrelhrtient a:
the ifland of St. Helena, hut fubject in all refpects
to fuch regulations as the ^ritilh Government may
from time to time eltablilh there.
Art. XIV. There Ihall be between all the do
minions of his majsfty in Europe and the territo
ries of the United States a reciprocal and perfect
liberty of commerce aod navigation. The people
and inhabitants of the two countries refpectivtly
Ihall have liberty freely and fecurely and without
hindrance and molcftaticn to come with their Ibips
and cafgoes to the lands, countries, cities, ports,
places and rivers within the dominions and terri
tories aforefaid, to enter into the fame, to relort
there ard to remain and relide there, without any
limitation of time.* Alio to hire and pofsels houleS
and warehoufes for the purpofes of their commerce,
and generally the merchants and traders on each
fide ihall enjoy the moft complete protection and
fecurity for their commerce; but fubject always as
fo what relpects this article to the laws and ftatutes
of the two countries respectively.
Art. XV. It is agreed that no other Or higher
duties Ihall be paid by the Ihips or merchandize of
the one party it' the ports of the other, than fuch
as are paid by the like vefsels or merchandize of all
other nations. Nor Ihall any other or higher duty
k? impofed in one country on the importation of
any articles the growth, produce, or manufacture
of the other, than are or Ihall he payable on the
importation of the likearticles being of the growth,
produce or manufacture of any other foreign coun
try. Nor Ihall any prohibition be impofed cn the
exportation or importation of any articles to or
from the territories of the two parties refpectively,
which {hall not equally extend to all other nations.
But the Britilh government referves to itfelf the
right of imposing on American vefsels entering into
the Britilh ports in Europe a tonnage duty equal to
that which Ilia 11 be payable hv Britilh vefsels in the
ports of America : Anq alfo fuel) duty as may be
adeouate to countervail the difference of duty now
payable 0:1 the importation of E^artfpean and Aliatic
goods wi»e:) imported into th<^tjnireti State's in
Britilh or in American vefsels.
The two parties agree to treat for the more ev
act equalization of theduties on the relpective na
vigation of their {objects and people in futh man
ner as may be molt beneficial to the two countries.
'I lie arrangements for this purpofe lhall he made at
the futne time with thofe mentioned at the conclti
fmn of the iath article of this treaty, and are to be
considered as a part thereof. In the interval it is
agreed, that the United States will not impole any
new or additional tonnage duties on Britilh vefsels,
nor incrcafe the now lu Lifting difference between
the duties payable on the importation of any arti
cles in Britilh or in American vefsels.
Art. XV!. It lhall he free for the two contract
ing parties, relpeciively to appoint eon In Is for the
protection of trade, to refide in the dominions and
territories aforefaid, and the laid con tills lhall enjoy
thofe liberties and rights which belong to them by
rcafon of their function But before any conlul {hall
act as fuUi he lhall be in the ui'ual forms approved
ami admitted bv the party to whom he is lent ,• and
it is hereby declared to be lawful and proper, that
in cafe of illegal or improper conduct towards the
laws or government a conlul may either be punilbed
according to law, if the laws will reach ihe cafe,
or be difmifsed, or cvfcn feat back, the t ffbuded go
vernment aligning to the other their, jeafuns for
tlis tame.
Either of the parties mar except from the refi
dence ot conluls fuel) particular places as fiuch party
lhall judge proper to be lo excepted.
Art. XVII. It is agreed, that in all cafes where
vefsels lhall be captured or detained on juft fufpicion
of having on board enemy's properiy, or of carry
ing to the enemy any of the arricles which are con
traband of war; the (aid vefsel i!}all be brought to
the neareft or molt convenient, port; and if any
property of an enemy fhould be found on board
inch vctsel, that part only which belongs to the
enemy lhall bemads prize, and the vefsel lhall be
at liberty to proceed with the remainder without
any impediment. And it is agreed, that ai! pro
per mcafure* (hoiild be taken to prevent delay, in
deciding the cates of Ibips or cargoes fo brought in
for adjudication; and in the payment or recovery
of -any indemnification adjudged or agreed to be
paid to the matters or owners of fueh Ibips.
A.*.tT. XVIII. In Order to regulate what is in fu
ture 10 be deemed contraband of war, it is agreed,
that under the feid denomination lhall be conipt ifed
all arms and implements ferving tor the purpofes of
war, by land or lea, fuch as cannon, mufkets, mor
tars, petards, bombs, grenadoes, carcclr.es, faucif
fes, carriage* for cannon, mulket refts, bandoliers,
gunpowder, match, falr-petre, balls, pikes, fwords,
head pieces, cuifalses, halberts, lances, javelins,
horfe furniture, holfters, belts, and generally all
other implements, of ..war j as alfo timber for. ini p
building, tar or rozin, copper in lhcets, fans, nemp
and cordage, and generally whatever may ferve di
rectly to the equipment of vefsels, unwraught iron
and fir planks only excepted ; and all the above ar
ticles arc hereby declared to be jc.ft . objectfi of con
fifeation, whenever they are attempted to be carried
to an enemy.
And vv he rear, the difficulty of agreeing on the pfe
cife cates in which alone provifionS and other arti
cles not generally contraband may be regarded as
fuch, renders it expedient to p-ovide againft the
inconveniences and mifunderftandings which might
thence arile It is. further agreed, that whenever
any Inch articles fo becoming contraband according
to the exifting laws of nations, hall for that rea
fon be feized, the lame lhall notc ae confifcated, but
the owners thereof lhall be fpeedily and completely
i indemr.ified; and the captors, or in their default
the government ’under who'e authority they act,
lhall pay to the makers or owners of fuch vefsels
the full value of all articles, with a reafonable mer
cantile profit thereon, together with the freight,
and alfo the demurrage incident to fuch detention.
Amd whereas it frequently happens that vefsels
fail for a port or place belonging to an enemy, with
out knowing that the fame b; either befieged, block
aded or invelted ; it is agreed, that every' vefsel lo
circomftanced may be tor wed away from fuch port
or place, but the lhall net be detained nor her cargo,
if not contraband, be confifcated, unlefs afrer no
tice (lie (hall again attempt to enter; but the lhall
be permitted to go to any other port or place the
may think proper: Not lhall any vefsel or gords
! of ■ i'.krr p?nv. iliac imy have entered into luch
port or place, before the fame was befieged, block
aded or invefted by the other, and be found therein
after the reduction or furrender of Inch place, be
liable to confutation, but fhali be restored to the
owners or proprietors thereof.
Aar. XIX. And that more abundant care b«
taken for the. lecurity of the refpectivt lutjeets and
citizens of the contracting parties, • prevent
their fuiFtring injuries by the men c t^^^^^priva
teers of either party, all commat cf of
v/ar and privateers and all others ’
and citizens Ihall forbear doing any dainagqH|jML&
of the piher party, or committing any o&|]bg
againft them, and if they act to the contrary, rti
Ihall be punched and Ihall alfo be bound in their
p Hons and eiiatep to make fatisfaction and repara
tion for all damages, and the interelc thereof, of
whatever nature ttie laid damages may he.
For this caufe all commanders of prirareers be
fore they receive their commifsion Ihall hereafter be
obliged to give, before a competent Judge,, fufficr
ent lecurity-by at lea ft t wo relponfible fureties, who
have no intereRin the fa id privateer, each of whom,
together with the laid commander, Ihall be jointly
and fevcrally bound in the fum of fifteen hundred
pounds fterling, or if Inch fhipg he provided with
above one hundred and fifty teamen or fuldiers, in
the fum of three thouland pounds fterling, to fatisfy
all damages and injuries, which the laid privateer
or her officers or men, or any of them mav do or
commit during their cruize, contrary to the tenor
of this treaty, or to the laws and instructions for
regulating their conductj and further that in all
caies of £>ggrefsion3 the laid totnmifsions lh.>ll be
revoked and annulled.
It is alfo agreed that whenever a judge r>f a court
of admiralty of either of the parties, ihall pronounce
lentence agaitift any velsel or goods or property be
longing to the fubjeecs or citizens oft he other party
a formal and duly authenticated copy of .,11 the
proceedings in the caufe, and of the laid fentcnce
Ihall if required be dtlivered ro the commander of
the fa id velsel, without the fmillr'V delay, lie pay
ingall legal lees and demands for the fame.
Art. XX. It is further agreed i bar both the Paid
contracting parties Ihall not only refute to rreehe
any pirates into any of their ports, havens, or
towns, or permit any of their inhabitants to re
ceive, protect, harbor, conceal or afsift them in
any manner, but will bring to condign punifhmenc
all fuch inhabitants as Ihall be guilty of luch acts or
offences.
And all their Ihips -with the goods or merchan
dizes taken by them and brought into the port of
either of the Paid parties, lhail be ftized as far as
they can be difcoyercd and lhail be restored to th*
owners or their Factors or Agents duly deputed
and authorized in writing by tin m (proper evident*
being firfc given in the. court of Admiralty lor prov
ing the property) even in cafe loch effects Ibould
have pal'sed into other hands by fale, if it be proved
that the buyers knew or had good it a fon to believe,
or fufpect that they had been piratical)}' taken.
Art. XXL It is bkewifei agreed, that the fiib
jects and citizens of the two nations, lhail not do
any acts ofholtility or violence againft each other,
nor accept commilsions or inltructions fo to act
from any foreign Prince or Plate, enemies ro the
other party; nor Hull the enemies of one of rho
r-- -r—inin<.'*• or endeavour ro en
lilt in their military fervice any. of the fubj.'Cts or
citizens of the other party; and file laws'againfc*
all fuch offences and a gg re .'si on dhail be punctually
executed. Add if any iubject or citizen the Paid par
ties refpcctitely lhail accept any foreign i ommifsion,
or letters of marque, for arming any vef«el to act
as a privateer againft the Other party, and be taken
by the other party, it i? hereby declared to be law
ful lor the laid party to treat and punilh, the laid
fubject or citizen, having fuch commilsion or letters
of mafcfue, as a pirate.
Aftr. XXlt. It is exprefsly fripulated that nei-»
titer ol the laid contracting parties will order or
authorize any acts of repriz;.l againft the other, on,
complaints of injuries or dam-.ges, until the Paid
party lhail firft have preferred to the other a Irate
ment thereof, veri5ed by competent proof and evi
dence, and demanding juftice and fatisfacrion, and
the fame lhail either^ have been reluled or unreafon -
ably delayed.
Art. XXIII. The Ihips of war of each of t?je
contracting parties Hull, at alf times, be holpita
bly received in the ports of the other, their officers
and crews paying due refpect to the laws and go
vernment of the country. The officers lhail be
treated with that refpect which is due to the com.
millions which they bear, and if any intuit fhould
be offered to them by any of the inhabitants, all
offenders in this lhail be punithed as diirurbers of
the peace & amity be? ween the two countries. And
his majefty confents that in cafe an American vefsel,
Ihould by frrefs ot weather, danger from enemies
•r other misfortunes be reduced to the necessity of