The gazette. [volume] (Portland, Me.) 1798-1799, 1798-05-28

10 whom the goods on board belong he may freely do co.
A ~. II the liips Of the faid fubects, people or
inhabitants Of either fths parties. 1z be wita c-
hcr falling along the COATS or the high eas BY any
p Of war of the other by any privseers, the fad
hps Of war prvateers for the avoiding Of any dior
dcrs al remain of cannon fhot and may end their
boat aboarl the merchant hip, which they hal 70 meet
with and may her TO the Sumber OF two or three
men only 10 whom the matter or commander OF iuch
hpor velIel 1h4 exhibit his pafpor, concerning the
property Of the ip, made according TO the form
inherited in the preent treaty; and the ihip, when e
fhall have ihewed iuch padport, lha be free and At
liberty Purue her voyage, 70 az it ha not be lawful
TO moc1 Or earch her in any manner, or TO give her
chale or force her to quit her intended courfe."
Ii viii be admitted thar the two nations poi
ffs the power of agreeing that any paper in any
form hall be the iolc document demandable by
either from the other, to prove the property of
vehel and cargo. 1t will ALTO be admitted, that
an agreement 70 made becomes the law of the
parties, which mut retain its obligation.
Examine then the words Of the compact & de
terrnine yfair contribution whatwill fatisfy hem.
The 18th article Rates fubRantially the con-
tents Of a paper, which is termed a fea letter or
padport, and which cit is agreed tina. in cal.
either Of the parties fhould be engaged in war,
the fhips and vef1els belonging t. the fubjeds or
people Of the other ally mua Be furnilhed with"
To what PurPo1e are they to be furniihed with
this fea letter or pahport The article anfwers,
= To the end that all manner Of difentions and
quarrels may Be avoided and prevented, on one
fde and the other" +" That it may appear
thereby that the Zip really and truly belongs to
the fubje6ts Of one Of the parties"
But how will the pafport prevent and a
void all manner of difentions and quarrels or
one or the other,' if ordinances, both prior and
fnbfcquent to the treaty, are to be underRood
as controlling it, and as requiring other papers
not contemplated in the public agreement IF
the two nations how IS it to appear from the
PaGport, "that the flip really and truly belongs
to the fubjea ofo Of the parties" if it is de
MED that the Pafport is evidence Of that faet,
and contehded that other papers not alluded to
in the treaty, fhall be adduced to prove it
But the z7th article is Till more explicit. 1t
declares that when a merchant lhip Of one Of
the parties fhall be yfised by the lhips Of war or
privateers Of the other, Z" the commander Of
fuch flip or vedel fhall exhibit his paGport, con.
ceraing the property Of the lhip, made out ac-
cordng to theform inherited in the prelent treaty,
and the thiP, when lhe fhall have ihewed iuch
paGport, fhall be free and at liberty to Purfue
her voyage, 70 as it fhall not be lawful to molelt
or ftarCh her in any manner, or to give chale,
or force her to quit her intended courfe."-
What is it that fhall prove the property Of the
vefel? The treaty arfwers, the pahport. But the
decree Of the Directory requires in addition GER
tain other papers, perfectly ditina from the
pahport. The treaty declares, the flip when
The lhall have ihewed mot the role d'equipage
or any other paper required By the particular
ordinances Of either nation, but) "fuch paGport
ihal be free and at liberty to purlue her voyage,
70 as it lhail not be lawful to molef or iearch
her in any manner, or to give her chafe or force
her to quit her intended courfe"-Yet the vef
fels Of America, after exhibiting fuch paG
port" are not =" free and at liberty 10 purlue
their voyages" they are " moleRed," they are
" chafed," they are 'forced to quit their in
tended cour1e - they are captured and con6f-
Gated as hofile property.
It is alledged that the form of the pafpnrt,
which is annexed to the treaty, aanifelts that
certain acts were to be performed by the perlon
to whom the pafport is delivered, and that flch
Perlon ought to prove the performance Of thofe
acts.
But the treaty, far from requiring fuch proof.
absolutely dfpealcs with il. The treaty de
claTes that me panport mail ltielf evidence the
properly of the vefel and lecure it from molef
tation Of any fort. BY content of the parties,
then the pahport Is evidence Of all that either
party can require from the other. Neither the
right to give fuch content, or the litigation Of a
compact formed upon it can, as is conceived,
ever be denied, nor can the form ofthe pafport,
whatever it may be, change the compact.
But let the words Of the model be examined They
q A tous que pTelentes verro loit no
tore cue fAculte ct prrmilion etc accord6e mai
ire on commandant du Ravre appeo De Ia Vile de
de Ia capacte de tonneaux GU environ, fc trouvant
Preientement dams le port de gu apre que fon
navre etc vts Ct avan ion depart, pretera iermeut
les mains des officers De IA marine que lc dit
viresaPPartien un on plufeures fujcts dc don't
act- icra mis- Ia fin des prelentes dc meme quill gar
dera les performances regemens maritime ct remetra
life fignee confrmee par temoins contenant les