Relations with France. and universal peace, and a true and sincere friend-made, unless she shall have returned home within ship between the French Republic and the United States of America, and between their respective countries, territories, cities, towns, and people, without exception of persons or places. ART. 2. The Ministers Plenipotentiary of the two parties not being able to agree, at present, respecting the Treaty of Alliance of 6th February, 1778, the Treaty of Amity and Commerce of the same date, and the convention of the 14th of November, 1788, nor upon the indemnities mutually due or claimed; the parties will negotiate further on these subjects at a convenient time; and, until they may have agreed on these points, the said treaties and conventions shall have no operation, and the relations of the two countries shall be regulated as follows: ART. 3. The public ships which have been taken on one part and the other, or which may be taken before the exchange of ratifications, shall be restored. ART. 4. Property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications, (contraband goods destined to an enemy's port excepted,) shall be mutually restored, on the following proofs of ownership, viz: The proof on both sides with respect to merchant ships, whether armed or unarmed, shall be a passport in the form following: "To all who shall see 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 burden tons, or thereabouts, lying at present in the port and haven of, and bound for and laden with, after that his ship has been visited, and before the sailing, he shall make oath before the officers who have the jurisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of , the act whereof shall be put to 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 list, signed and witnessed, containing the names and surnames, the places of birth, and abode of the crew of his ship, and of all who shall embark on board her, whom he shall not 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, he shall show this present leave to the officers and judges of the marine, and shall give a faithful account to them of what passed and was done during his voyage; and he shall carry the colors, arms, and ensigns of the French Republic, or the United States, during his voyage. In witness whereof, we have signed these presents, and put the seal of our arms thereunto, and caused the same to be countersigned the day of anno Domini at And this passport will be sufficient without any other paper, any ordinance to the contrary notwithstanding; which passport shall not be deemed requisite to have been renewed or recalled, whatever number of voyages the said ship may have the space of a year. Proof with respect to the cargo shall be certificates, containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound; so that the forbidden and contraband goods may be distinguished by the certificates, which certificates shall have been made out by the officers of the place whence the ship set sail, in the accustomed form of the country. And if such passport or certificates, or both, shall have been destroyed by accident, or taken away by force, their deficiency may be supplied by such other proofs of ownership as are admissible by the general usage of nations. Proof, with respect to other than merchant ships, shall be the commission they bear. This article shall take effect from the date of the signature of the present convention. And if, from the date of the said signature, any property shall be condemned, contrary to the intent of the said convention, before the knowledge of this stipulation shall be obtained, the property so condemned shall, without delay, be restored or paid for. ART. 5. The debts contracted by one of the two nations with individuals of the other, or by the individuals of one with the individuals of the other, shall be paid, or the payment may be prosecuted in the same manner as if there had been no misunderstanding between the two States. But this clause shall not extend to indemnities claimed on account of captures or confiscations. ART. 6. Commerce between the parties shall be free. The vessels of the two nations, and their privateers, as well as their prizes, shall be treated in the respective ports as those of the nation the most favored; and, in general, the two parties shall enjoy in the ports of each other, in regard to commerce and navigation, the privileges of the most favored nation. ART. 7. The citizens and inhabitants of the United States shall be at liberty to dispose, by testament, donation, or otherwise, of their goods, moveable and immoveable, holden in the territory of the French Republic in Europe, and the citizens of the French Republic shall have the same liberty with regard to goods, moveable and immoveable, holden in the territory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of either of the two countries, who shall be heirs of goods, moveable or immoveable, in the other, shall be able to succeed ab intestato, without being obliged to obtain letters of naturalization, and without having the effect of this provision contested or impeded, under any pretext whatever; and the said heirs, whether such by particular title, or ab intestato, shall be exempt from every duty what ever, in both countries. It is agreed that this ar ticle shall in no manner derogate from the laws which either State may now have in force, or hereafter may enact, to prevent emigration; and, also, that, in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the coun Relations with France. try where it may be, and the other nation shall be at liberty to enact similar laws. ART. 8. To favor commerce on both sides, it is agreed that, in case war should break out between the two nations, (which God forbid.) the term of six months after the declaration of war shall be allowed to the merchants, and other citizens and inhabitants, respectively, on one side and the other, during which time they shall be at liberty to withdraw themselves, with their effects and moveables, which they shall be at liberty to carry, send away, or sell, as they please, without the least obstruction; nor shall their effects, much less their persons, be seized during such term of six months; on the contrary, passports, which shall be valid for a time necessary for their return, shall be given to them for their vessels and the effects which they shall be willing to send away or carry with them; and such passports shall be a safe conduct against all insults and prizes which privateers may attempt against their persons and effects. And if anything be taken from them, or any injury done to them, or their effects, by one of the parties, their citizens, or inhabitants, within the term above prescribed, full satisfaction shall be made to them on that account. the other, and to sail and trade with their ships and merchandise, with perfect security and liberty, from the countries, ports, and places of those who are enemies of both, or of either party, without any opposition or disturbance whatsoever, and to pass not only directly from the places and ports of the enemy aforementioned, to neutral ports and places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same Power, or under several; unless such ports or places shall be actually blockaded, besieged, or invested. And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor any part of her cargo, if not contraband, be confiscated, unless, after notice of such blockade or investmant, she shall again attempt to enter ; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either, that may have entered into such port or place before the same was actually besiegART. 9. Neither the debts due from the indi-ed, blockaded, or invested by the other, be restrainviduals of the one nation to the individuals of the other, nor shares, nor moneys which they may have in public funds, or the public or private banks, shall ever, in any event of war or national difference, be sequestered or confiscated. ART. 10. It shall be free for the two contracting parties to appoint commercial agents for the protection of trade, to reside in France and the United States. Either party may except such place as may be thought proper from the residence of these agents. Before any agent shall exercise his functions, he shall be accepted in the usual forms by the party to whom he is sent; and when he shall have been accepted and furnished with his exequatur, he shall enjoy the rights and prerogatives of the similar agents of the most favored nations. ed from quitting such place with her cargo, nor if found therein after the reduction and surrender of such place, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. ART. 13. In order to regulate what shall be deemed contraband of war, there shall be comprised, under that denomination, gunpowder, saltpetre, petards, match, ball, bombs, grenades, carcasses, pikes, halberds, swords, belts, pistols, holsters, cavalry saddles and furniture, cannon, mortars, their carriages and beds, and generally all kinds of arms, ammunition of war, and instruments fit for the use of troops; all the above articles, whenever they are destined to the port of an enemy, are hereby declared to be contraband, and are just objects of confiscation; but the vessel in which they are laden, and the residue of the cargo, shall be considered free, and not in any manner infected by the prohibited goods, whether belonging to the same, or a different owner. ART. 11. The citizens of the French Republic shall pay in the ports, havens, roads, countries, islands, cities, and towns of the United States, no other, or greater duties or imposts, of what nature soever they may be, or by what name soever call- ART. 14. It is hereby stipulated that free ships ed, than those which the nations most favored shall give a freedom to goods, and that everything are, or shall be obliged to pay, and they shall enjoy shall be deemed to be free and exempt which shall all the rights, liberties, privileges, immunities, and be found on board the ships belonging to the citiexemptions in trade, navigation, and commerce, zens of either of the contracting parties, although whether in passing from one port in the said States the whole lading, or any part thereof, should apto another, or in going to and from the same from pertain to the enemies of either, contraband goods and to any part of the world, which the said na- being always excepted. It is also agreed, in like tions do, or shall enjoy. And the citizens of the manner, that the same liberty be extended to perUnited States shall reciprocally enjoy in the ter-sons who are on board a free ship, with this effect: ritories of the French Republic in Europe, the same privileges and immunities, as well for their property and persons, and for what concerns trade. navigation, and commerce. ART. 12. It shall be lawful for the citizens of either country to sail with their ships and merchandise (contraband goods always excepted) from any port whatever to any port of the enemy of that, although they be enemies to either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemy. ART. 15. On the contrary, it is agreed that whatever shall be found to be laden by the citizens of either party on any ship belonging to the enemies of the other, or their citizens, shall be con Relations with France. fiscated without distinction of goods, contraband or not contraband, in the same manner as if it belonged to the enemy, except such goods and merchandises as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration; so that the goods of the citizens of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same: but so as that if the said merchandises be contraband, it shall not be in any way lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective citizens, from whatever part of the world they come, shall not plead the ignorance mentioned in this article. ART. 16. The merchant ships belonging to the citizens of either of the contracting parties, which shall be bound to a port of the enemy of one of the parties, and concerning whose voyage, and articles of their cargo, there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are specified to be contraband in the thirteenth article of the present convention. port or certificates as above required for the same, such case may be examined by a proper judge or tribunal; and if it shall appear, from other documents or proofs admissible by the usage of nations, that the ship belongs to the citizens of the neutral party, it shall not be confiscated, but shall be released with her cargo, (contraband goods excepted.) and be permitted to proceed on her voyage. If the master of a ship named in the passport should happen to die, or be removed by any other cause, and another put in his place, the ship and cargo shall, nevertheless, be equally secure, and the passport remain in full force. ART. 18. If the ships of the citizens of either of the parties shall be met with, either sailing along the coasts or on the high seas, by any ship of war or privateer of the other; for the avoiding of any disorder, the said ships of war or privateers shall remain out of cannon shot, and may send 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 shall exhibit his passport concerning the property of the ship, made out according to the form prescribed in the fourth article. And it is expressly agreed that the neutral party shall in no case be required to go on board the examining vessel for the purpose of exhibiting his papers, or for any other examination whatever. said ships shall be convoyed, it being the intention of the parties to observe all the regard due to the protection of the flag displayed by public ships, it shall not be lawful to visit them: "but the verbal declaration of the commander of the convoy, that the ships he convoys belong to the nation whose flag he carries, and that they have no contraband goods on board, shall be considered by the respective cruisers as fully sufficient: the two parties reciprocally engaging not to admit, under the protection of their convoys, ships which shall carry contraband goods destined to an enemy. ART. 19. It is expressly agreed by the contracting parties, that the stipulations above mentioned, relative to the conduct to be observed on the sea by the cruisers of the belligerent party towards ART. 17. And that captures on light suspicions the ships of the neutral party, shall be applied onmay be avoided, and injuries thence arising pre-ly to ships sailing without convoy; and, when the vented, it is agreed, that if one party shall be engaged in war, and the other party be neuter, the ships of the neutral party shall be furnished with passports similar to that described in the fourth article, that it may appear thereby that the ships really belong to the citizens of the neutral party; that they shall be valid for any number of voyages, but shall be renewed every year, that is, if the ship happens to return home in the space of a year. If the ships are laden, they shall be provided, not only with the passports above mentioned, but also with certificates similar to those described in the same article; so that it may be ART. 20. In all cases where vessels shall be known whether they carry any contraband goods. captured or detained under pretence of carrying No other paper shall be required, any usage or to the enemy contraband goods, the captor shall ordinance to the contrary notwithstanding. And give a receipt for such of the papers of the vessel if it shall not appear from the said certificates as he shall retain, which receipt shall be annexed that there are contraband goods on board, the to a descriptive list of the said papers: and it shall ships shall be permitted to proceed on their voy-be unlawful to break up or open the hatches. age. If it shall appear from the certificates that there are contraband goods on board any such ship, and the commander of the same shall offer to deliver them up, the offer shall be accepted, and the ship shall be at liberty to pursue its voyage, unless the quantity of contraband goods be greater than can conveniently be received on board the ship of war or privateer; in which case the ship may be carried into port for the delivery chests, trunks, casks, bales, or vessels found on board, or remove the smallest part of the goods. unless the lading be brought on shore in presence of the competent officers, and an inventory be made by them of the said goods. Nor shall it be lawful to sell, exchange, or alienate the same in any manner, unless there shall have been lawful process, and the competent judge or judges shall have pronounced against such goods sentence of of the same. confiscation, saving always the ship and the other If any ship shall not be furnished with such pass-goods which it contains. Relations with France. ART. 21. And, that proper care may be taken ART. 24. When the ships of war of the two of the vessel and cargo, and embezzlement pre- contracting parties, or those belonging to their vented, it is agreed, that it shall not be lawful to citizens which are armed in war, shall be admitremove the master, commander, or supercargo of ted to enter with their prizes, the ports of either any captured ship, from on board thereof, either of the two parties, the said public or private ships, during the time the ship may be at sea after her as well as their prizes, shall not be obliged to pay capture, or pending the proceedings against her, any duty either to the officers of the place, the or her cargo, or anything relative thereto. And, judges, or any others; nor shall such prizes, when in all cases where a vessel of the citizens of either they come to and enter the ports of either party, party shall be captured or seized, and held for ad- be arrested or seized: nor shall the officers of the judication, her officers, passengers, and crew, shall place make examination concerning the lawfulbe hospitably treated. They shall not be impris-ness of such prizes; but they may hoist sail at any oned or deprived of any part of their wearing time, and depart, and carry their prizes to the apparel, nor of the possession and use of their places expressed in their commissions, which the money, not exceeding for the captain, supercargo, commanders of such ships of war shall be obliged and mate, five hundred dollars each, and for to show. It is always understood that the stiputhe sailors and passengers, one hundred dollars lations of this article shall not extend beyond the each. privileges of the most favored nation. ART. 22. It is further agreed, that in all cases the established courts for prize causes, in the country to which the prizes may be conducted, shall alone take cognizance of them. And whenever such tribunal of either of the parties shall pronounce judgment against any vessel or goods or property claimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of the said vessel, without any delay, he paying the legal fees for the same. ART. 23. And that more abundant care may be taken for the security of the respective citizens of the contracting parties, and to prevent their suffering injuries by the men of war, or privateers of either party, all commanders of ships of war and privateers, and all others the said citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be. ART. 25. It shall not be lawful for any foreign privateers who have commissions from any Prince or State in enmity with either nation, to fit their ships in the ports of either nation, to sell their prizes, or in any manner to exchange them; neither shall they be allowed to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State, from which they have received their commissions. ART. 26. It is further agreed, that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences. And all their ships, with the goods or merchandises taken by them and brought into the port of either of the said parties, shall be seized, as far as they can be discovered, and shall be restored to the owners, or their factors, or agents, duly authorized by them, (proper evidence being first given before competent judges for proving the property;) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe or suspect that they had been piratically taken. ART. 27. Neither party will intermeddle in the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights which it now holds, or may acquire on the coast of Newfoundland, in the Gulf of St. Lawrence, or elsewhere on the American coast, northward of the United States. But the whale and seal fisheries shall be free to both in every quarter of the world. This Convention shall be ratified on both sides in due form, and the ratifications exchanged in the space of six months, or sooner, if possible. For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of seven thousand dollars, or thirty-six thousand eight hundred and twenty francs; or, if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of fourteen thousand dollars, or seventy-three thousand six hundred In faith whereof, the respective Plenipotentiaand forty francs; to satisfy all damages and injuries have signed the above articles both in the ries which the said privateer, or her officers or men, or any of them, may do or commit during their cruise, contrary to the tenor of this convention, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled. French and English languages, and they have thereto affixed their seals; declaring, nevertheless, that the signing in the two languages shall not be brought into precedent nor in any way operate to the prejudice of either party. Done at Paris, the eighth day of Vendemiaire, of the ninth year of the French Republic, the thir Relations with France. The following letter from the Secretary of State, with its enclosure, was delivered to Mr. Ellsworth and Mr. Davie, at Trenton. DEPARTMENT OF STATE, Trenton, Oct. 16, 1799. SIR: To fulfil the President's orders, and to convey correctly to you and - his sentiments towards you, and his determination respecting your mission as Envoys Extraordinary to the French Republic, I enclose a copy of his letter to me of this date; and have the honor to be, with great respect, your obedient servant, TIMOTHY PICKERING. TRENTON, Oct. 16, 1799. The following are the instructions above referred to. Instructions to Oliver Ellsworth, William Richardson GENTLEMEN: You have been witnesses of the enduring patience of the United States, under the unexampled aggressions, depredations, and hostil ities, authorized and sanctioned by the French Republic against the commerce and citizens of the United States; and you are well informed of the measures adopted by our Government to put a stop to these evils, to obtain redress for the injured, and real peace and security to our country. And you know that, instead of relief, instead of justice for past wrongs, our very moderate demands have been immediately followed by new aggressions and more extended depredations; while our Ministers, seeking redress and reconciliation, have been refused a reception, treated with indignities, and finally driven from its territories. This conduct of the French Republic would well have justified an immediate declaration of war on the part of the United States; but desirous of maintaining peace, and willing to leave open the door of reconciliation with France, the United States contented themselves with preparations for defence, and measures calculated to protect their commerce. The treatment experienced by the former Envoys of the United States to the French Republic, having determined the President not to send thither other Ministers, without direct and unequivocal assurances previously signified by its Minister of Foreign Relations, that they would be received in character to an audience of the Directory, and that they should enjoy all the prerog tions, and that a Minister or Ministers of equal powers should be appointed and commissioned to treat with them: the French Government, by Mr. Talleyrand, its Minister of Foreign Relations, has declared, "that it will receive the Envoys of the United States in the official character with which they are invested; and that they shall enjoy all the prerogatives attached to it by the law of nations; and that one or more Ministers shall be duly authorized to treat with them." This the President deems to be substantially the assurance which he required as the previous condition of the Envoys entering on their mission. It now belongs to you, gentlemen, to see that this assu rance be verified. Your country will not submit to any new indignity or neglect. It is expected. when you shall have assembled at Paris, and have given official notice of it to the Minister of For SIR: I request you to order fair copies of the instructions, as corrected last evening, to be pre-atives attached to that character by the law of napared and delivered to Judge Ellsworth and Governor Davie, with another for Mr. Murray, without loss of time; and to write a letter to those gentlemen as Envoys Extraordinary to the French Republic, expressing, with the affectionate respects of the President, his desire that they would take their passage for France, on board the frigate United States, Captain Barry, now lying at Rhode Island, by the 1st of November, or sooner, if consistent with their conveniences. Captain Barry will have orders to land them in any port of France which they may prefer, and to touch at any other ports which they may desire. The President's best wishes for their health and happiness, as well as for an honorable termination of their mission, will attend them. As their visit to France is one of the most critical, important, and interesting moments that ever has occurred, it cannot fail to be highly entertaining and instruct-eign Relations, that you will be received to an auive to them, and useful to their country, whether it terminate in peace and reconciliation or not. The President sincerely prays God to have them in his holy keeping. I am, sir, with great respect and esteem, your faithful humble servant, JOHN ADAMS. T. PICKERING, Esq., Secretary of State. dience of the Executive Directory; that a Minister or Ministers, with powers equal to your own, will be appointed to treat with you; and that with in twenty days at furthest, after your arrival at Paris, your negotiation will be commenced. If, however, your passports to Paris should be unrea sonably withheld; if an audience of the Directory should be denied or procrastinated; if the appoint |