North Carolina Newspapers

.'A Hp t. ft r: V N -fit t "confider the expediency of ire- Dealing the law laying a direct tax. :r p. j-s ...ihin (h 1 inirca' mates, .nc land uncertainty of colle&ion, and the want of nrceffity for the law. Or 111C Oi 1X5 piyviiium w tare occafion. ; ' tSTi -- OFFICIAL COPY OF THE:' CONVENTION BETWEEN THE French Republic and the United States of America, THE Premier Conful of the RnnKir. in the name oC the people of France, and the Pre ifidcnt.oi'lhelUnited States of Ame rica, equally defirolis to terminate thr differences which have aruen between the two States, have res pectively appointed their Plenipo tentiaries, ana given; .litem. iu Dowers to treat upon thofe diffe rences and to terminate the fame ; that is to fay, the Premier Confu of the French Republic, in the name of the people of France, has appointed for the Plenipotentiaries of the faid Republic, the Citizens Joleph Buonaparte, x-Arnbaila- dor at Rome and councillor o State ; Charles Pierre Claret Fleu iriecf, Member of, the National In- ilituteandof theboard of Longitude . of France, and Councillor of State, Prefident of the Section of the Ma- yin- and Pi"rr T.nni Rnpdprer Mpmhpr nF tHp Material Tnftltntpll of France, and Councillor of State J Prefident ot the fection of the In ierior: and the Prefident of the United States of America, by and tyith the advice and confent ot the Senate of the faid States, has ap pointed for their Plenipotentiaries, Oliver Ellfworth, Chief Jullice of the United Suites ; William Rich ardfon Davie, late Governor of the State of North-Carolina, and Wil liam Vans Murray, Minifler Re fident of the United States at the Hague : . Who, after having ex changed their lull powers, and af ter full and mature difciifiion ot the refpective interefls, have agreed on the following articles. i Art. I. There Ihall be a firmf inviolable, and univerfal Peace, and a true and fincere friendfhip between the French Republic and the Unfted States of America ; and between their refpective countries, ! territories, cities, towns and peo ple, without exception of perfons or places. i II. TJie Mini Iters Plenipoten tiary of 1 the two parties not being able to agree at prefent refpecting the treaty of alliance of 6th Feb- ruary, 1778, the treaty of amity and commerce of the fame date, f; and the convention of 14th of No vember, 1788, nor upon the in demnities mutually due or claimed, the parties will negociate further on thefe fubjects at a convenient time, and until they may have 1 agieed upon thefe points, the faid treaties and conventions fhall have p no operation, and the relations of p' the two countries fhall be regu lated as follows. III. The.: public fhiDS which : have ben taken on one part and the, other, or which mav be taken be-; -fore the exchange of ratifications, Ihall be reftored. ;. ; IV. Property captured, and not! vet . definitively condemned, ori which may be captured before the j exchange ot ratihcauons (contra- band goods deflined to an enemy's ' port excepted) fhall fee mutually reftored on the following proofs of v pwnerfhip, viz. The proof on both fjdes.with refpectto merchant fhips, v whether armed or unarmed, fhall ' ,ba Pafport in the form following : ! To Allwksjkall fee theft prefents, i: greeting : " It is hereby made known, that , leave and permiflion has been given to mailer and commander , ofthefliip called ; of the tqwnot. burthen tons, or thereabouts, lying at prefent in the port and haven of - and bound for anj laden with - -affr ht u; Ihip has been vifited ; and before : .failing, he Ihall make oath before - the' othcers who have the jurifdic : tJPh of maritime affairs, that the jr.: iid fliip belongs to one or (more ot i tnfubjectsof S the act 1-hereof hall be put at the end of rthefe prefents. as iikwJr th U 13??- ketrP and cauIV to be kept by! I -' ''.ills rrcw An 1 ) . 1 ' i xci- vi:UUrt,ut me manneor dmances and reguiation?rand enter vne proper oUice a lift, figned Thames and furnam-s, the places oc fei! Hr; whhe "ihall hot i tat on "board without! the know ledge arid pcrmrftibn of tbe, officers of the marine, ana irr every pon or haven where he ftiall nter with bis (hip,, he fhall fhew Will rele;rir leave to the otbeers and judges orrne marine, and fhall give a taithtul ac count to them of what pafled and was done during his voyage; and he (hall carry: the colours arms and enfigns of the French Republic or the United Mates during nis voy age. In witnefs whereof we have figned thefe prefents,. and put the feal of our arms thereunto, any caufed'the fame o be coutiter- figned by ' at f the 1 day of anno Domini." ' ; " Anil this naffport will be fufii cient without any other paper,' and ordinance ttfjhe contrary not with - . landing jiich paflport fhall not be deemed lui lite to have been renewed ci. recalled, whatever number of yvages thevfaid fhip may have made, unlefs flie fhall have returned hotte within the fpacc of a year. rrjot with relpect to the Cargo fhalt be: certificates contain- mgthe fevexaJ particulars of the cargo ,' the place whence the fhip failed and whitfier fhe is bound, :fo that the forbidden and contraband goods may be' diilinguifhed by the certilicates; which certificates fiiall have been made out by the officers of the place whence the fhip fet fail, in the accuftomed form ol the countrv. And if fuch oaffuort o certificates, or both, Ihall have been HeftrDyed accident; or taken away by force, their deficiency may be fupplied by fuch other proots ot owner lhip, as are aamn fibleby thegeneral ufageof nations. Proof with refpect to other than merchant fhips, fhall be the cora mifTion they bear.. This article fhall take effect from the date of the fignature of the pre fent convention. And if, from the date of the faid fignature, any property ftiall be condemned con trarv to the intent of the faid con vention, before the knowledge of this flipulation fhall be obtained ; the property fo condemned fhall without delay be reftored or paid for. V. 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, fhall be paid, or the pay ment may be profecuted in' the fame manner as if there bad been no, mifunderflanding between the two States. But this claufe fhall not extend to indemnities claimed on accountof captures or confifcations. VI. Commerce between the par ties fhall be free. The veflcls of the two nations and their privateers, as, well as their prizes, fhall be treated ill the refpective port as thofe of the nation the mo ft fa-, voured; and, in general, the two parties fhall enjoy in the ports of each other, in regard to commerce and navigation, the privileges ot the moft favoured nation. VII. The citizens an,d inhabi tants of the United States, fhall be at liberty to difpofe, by teftament, donation or otherwife, of their godds, moveable and immoveable, holden in the territory of the French Republic in Luropc, and the citi zens of the French Republic fnall have the fame liberty with regard to goods, mo v eab 1 e an d i m mo y tab 1 e, holden in the territory, of the United States, in favour pf fuch perfons as they fhall think proper. The citizens and inhabitants of either of the two countries, who fhall be heirs of goods, moveable or immoveable, in the other, fhall be able- ta fucceed ab intefiatq withpiit being obliged to obtain lettefsfcf? naturalization and with out having.the effect of this provi fion conteftedbr impeded; under any pretext whatever ; and the faid heirs, whether luch by particular titlej -pr ab inteftatot fhall be ex empt from every duty whatever in both countries. It is agreed that this article Ihall in no manner de rogate from the laws which either late may now have in force, or may hereafter enact, to prevent emigration; and alfo that in cafe the laws of eitti! r of the two flates fhould reftrain ftrangers from the exercife of the rights of property with refpect to real eftate, fuchreil eflatc may be fold, or otherwife dif ofed of, to citizens or inhabitants of thexrountry where it may be, and the other nation fhall be at liberty to enact fimilar lawi. VIII. To favour commerce on both fides, it is agreed, that, in cafe a war fhould break out be tween the mo pations, which God forbid, the term of fix months af. Uer tle declaration of war thai! j allowed to the merchants and other ctiiicns. imi. : inhabiMi j refpec-.j? tivclVv,dn one :de and-tnepther i-.l' MTi -Li:lu (Ul1 tHtre. nptards. rhatch. ball, bombs . at liberty to witridraxr hcraTel ves with tlietr effects .jand rnoveables which th'ey (hall be at .liberty to i - .... r ll.' ' It carry, lend away: orvfeM,5 iney pleale, Without the leait-OPitruc- tion : nor ihall their cuect. mucn lefs their jperlbns, be feized during fuch teriti of fix jmohths j on the contrary,! paffports which' ftiall be valid tor a time neceliary tor tneir return, Ihall be civeh tp them for their veflpls, and the: effects which they ftiall; be willing to fend away, or carry with them; and luch pail- ports ihall be a iaie conduct againit all infults and prizes which priva teers mav attempt againft their per- ions ana enccts. tna n any -uimg be taken from therri-, fbr'jany injury done to 'them or their effects, by one of the parties, their citizens or inhabitants, within the term above prefcribejd, full fatisfactipp fhall be made to them on that account. IX. Neither the debt due from individuals of the one nation to in dividuals! of the other, nor hares, nor monies, which theyj may have hVpubricj funds, or in the public or private banks, ftiall ever, in any event ot war, or of national diffe rence, le fequeftered or conSf- cated. . : ; v X. It! fhall be free for the two contracting parties to appoint com mercial tjgenis for th: protection o! trade, to refidc in France and the United , Btates. Either party may except filch place a may be thought proper, from the re fide tits" of thefe agents. Before any agent ftiall ex ercife his functions, he fhall be ac cepted ih the ufual forms by the party to I ;w horn he is fent ; and when he! fhall have been accepted and furn'jfhed with his exequatur, he fhall enjoy the rights and prero gatives of the fimilar agents of the moft favoured nations. i s XI. - The citizens ol the French Republic fhall p2V in the; ports, ha vens, rokds countries, iflands, ci ties and towns of the United Stales, no other or greater duties or im pofts, ofjwhat nature foever they may be, 'or by what name foever called, than thofe which-the nations moft favored are, or ball be obli ged to pay; and they ftiall enjoy air the rights, liberties, privileges, immunitijcsand exemptions in trade, navigation and commerce, whether in paffin frbm one portin the faid ftates to apothcr, orin goirigto and from the lame from and to any part of the world,' which-ibe faid nations do or ftiall enjoy. And the citi- Izensof the United States fhall re ciprocally enjoy in the 'territories of the French Republic in Europe, theiarnc pnviiegesand immunities, as well tor their property and per- tons, as tpr what concerns trade, naviatioh and commerce. XII. jit ftiall be lawful lor the citizens, pf either country to fail with their fhips and merchandize (contraband goods alwaysexcepted) from any i pai t whatever to any port of the cnbmy of the other, and to laii and traae witn tneir imps and merchancjike, with perfed fecurity and liberty, from - the countries ports, and places of thofe who are enemies 61 both, or o-f either party without $pY oppofuton or diftur bance whatsoever, and to pafs not only direflly from the places and ports of the enemy aforcmention- hed, to neutral ports and places, but alfo from one place belona. ing to jan enerpy,- to another place belonging to.ai enemy, whe ther they be under the j jtxi f d ic-t ion . of the fameppwer,or fevejal ; under lanlefs fuch ports or places Ihall be actually blockaded, befieged, or inveftedj , ' j : And whereas it frequently hap pens, that veffeh fajt for a port or place belonging to an enemy, without knowing that the fame is either befieged, blockaded, or in vefted, it is agreed that every veffel, fo circumftanced, may be tiirned away from fnch port or place, but (hall not be detained nor any! part of her cargo, if not contraband, be confifcated, unlefs, after; notice of :uch blockade- or inVeftment, lb e fhall again attempt to enter : but fhe fhall be permitted to go to any other port or- place fhe fhall think proper. Nor ihall any veffel of either, that may have entered into fuch port 'or place before the Tame was actually befieged, blockaded. or inverted by the other, be reftrai ned from quitting fuch place" with her cargo j.nor if found therein af ter the reduction and furrender of tuch piactf, Ihall fuch veffel or her cargo be liable to copfifcation, but mey mail be reftored to the owners thereof. ' ' , , , n; n1111 orflcr tQ gulate vhat iu dc Qcemea conjrabind of :ar a" y trie, petards, match, ball, bombs, grenades, carcaffes, pikes, halbsrts. fwords, belts, ; pi ftols, hollters, Ca- - valry faddles and furniture,' canpn. mortars, their carnages and beds I ail- kinds of arms, , r' war, and ; inftru- I and generally ammunition o meats fit for the ufc of troops: all j the above articles, whenever they ; arc deflined to the port of an .ene- my, are nereoy aeciarea io uc con traband, and jhlt objects ot conht cation ; but the veffel in which they are ladsn, and the refidue of the cargo fhall b confidered fr.ee, and net in any manner infefted by the prohibited goods, whether belong ing to. the fame, or a different Ovtr ner. " ' j ' ' i XIV.. It is s hereby ftipulated, that free fiiips- fhall give a freedom togoodsancl that everything fhall be deemed lo befrceand exempt, w hich fhall be found on board the hips be longing to the citizensof either of the contracting parties, although the whole lading, or any part thereof, fhould apprtair te the enemies of either, contraband goods being al ways excepted. It is alfo agreed, (in like manner, that the fame liberty be iextended to perfons who are on board a, free fhi, with this effect that although they be enemies to ei ther party, they Mare not to be taken out of that free fhip unlefs they aje ioldiers, and in actual iervice ot the XV. On the contrarv. it, is a greed, that whatever fnall be found to be laden by the citizens f either party on any (hip belonging to the enemies of the other, or their citi-i zens, fhall be cjonfifcated withoutj diftin&ion of gopds, contraband or not contraband, m the lame manner as if it belonged to the enemy, ex cept fuch goedsj and merchandize as were put on' board fuch fhip pe- tore the declaration ot war, or even after fuch declaration, if fo be it were done witpout knowledge of fuch declaration ; fo that the goods of the citizensof either party, whe ther they be of the nature or luch as 'are prohibited, or otherwife, which isss aforcfaid, were put on board axy fhipblonging to an ene my before the war, or after the declaration of the fame without the knowledge of it, fhall no ways be liable to confiscation, but fhall well and truly be refijored without delay to the proprietors demanding the fame; but fo as that if the faid mer chandizes be contraband, it fhall not be any ways lawful to carry them afterwarsljS to any portsbelong- ing to tne enemy. , J he two contracting parties agree that the term f two months being' pafled after tfU declaration of war, theix refpe&ivej citizens, from what ever part of the world they come, mall not plead the ignorance menti oned in this article. XVI. The (merchant fhips be longing to the citizens of either of the contracting parties, " which fhall be bound to a port or the enemy 4t one; of the parties, and concerning whole voyage,! and the articles of their cargo, there fhall be juft grounds of fufpicion, fhall be obli- ged to exhibit, as well upon the ni I rr 1 ! oi in fl-io n.irlc nr mn A e not only their paffports,; but like wife their certificates, fhewing that their goods are not of the quality of thole which are fpecified to be con traband in thd thirteenth articie of the prefent convention. "j - XVII. And that captures on light fufpicions may be avoided, and fujuiica incrice annng prcventea it is agreed,' jthat when one party ihall be engaged in war, and the o- ther party be neuter, the fhips of the neutral pjany Ihall be iurnifhed with paffports fimilar to that defcri bedjin the fourth article, that it may appear thereby that the fhips really belong to the citizens of the neutral party ; they fhall he valid for any nutnber of voyages, but fhaU be renewed every year, that is, if the frjip, happens to' return homje in thejfpace of a year. If the fhips are laden, : they fhall not only e provided with the paffports a-bove-mc.nrioned, but alio with cer tificates fimilar to thofe defcribed in the fame jarticle, fo that it may be known whether they carry anv contraband goods. No other paper fhall be required, anv ufare or or dinance to the contrary, notwith ftanding. And if it fhall not ap pear from the laid certificates that there arp j contraband goods on board, the fhips fhall be permitted to proceed) pn their voyage. If it fhall appear rom tnc certificates, that there are contraband goods on uuo'u f"tn imp, ana tne com manderof the fame fhall offer to de liver them up, the offer fhall be ac- cepted, and! the fhip fhall be at li ; ' -: i- ibpr.tv to rrrfn i ir fce. quantity' of the contraband goods be greater than can conveni ently be received on board the fhip ot war or privateer, in which cafe the ftiip may be carried into por for the delivery of the fame. If any fhip fhall not be furniihdd with fuch paffport or certificates Is are above required for the iaine, fuch cafe may be examined by'a dro there fnallbc corriprifed.unaer, that denpmirtatioo gunpowder, Itpe- ne r Drcar car. from other dncujL X"W- iroois, aamituble by ti, , 'r - nations, that the fK , 'V- to tfie citizen ofthe'neI,fe t fhall not be confifcH i .i Se releafed with her cargo rand goods exccnted V ntrs" -rutted to orocecd o i, ' P- - It the maiterof a ffii. the paffport, Ihould hapn,; 7 r be removed by any other cailf ind another be put m her p1a ! ' fhip and cargo fhall neverthelcfs u equally fecure. and the paffp6rts mam m full force. , . XVIII If the fhips of iher xens.of either of the parties f, !i be met with either failing .lon . coafts. or on the high fca5, ftiipof waror private on thed'tVr for the avoiding of any diforder, ,; faid fhips of war or privateer fhall Remain-out of cannon fhot. end their-boats on board th'J- j chant fhip which they fh?.U fct with, and mav enter he.r t, tK. ber of two or three mn . whom the mafLer or coiiirand-- rr frtrK fViln Hutl ' OI concerning the property of the ihiP ' made out according to the formrrc- it is expaefsly agreed that tral party fhall in no cafe hMzM red togp on board the exafp' Voucl,ior:the purpofe of exhibiting his papers, or for any other exaimt nation whatever. VXIX. It is exprefsly agreed or thelpontrafting parties, that the ft;', pulsions above-mentioned, relative to ihc conduct to be bferved on ja..!.y the cruifers ofthe belijg-ret party towards the fhips of the neu tral party, fhall be applied only to fhipi failing without convoys ; 'and whea the faid fhips fhall be convoyed (itbeihg thf intention of the parties brottaion of th fisg dsfplaved hv pubhc fhips) it fhalt not be'lawFal to yifit them : but the verbal decla. ration of the commander of thecon-voy- that the fhips he convevs, be long to the nation whota ijsg he carries, and that they have no con traband goods on board, fhall bk coijfidcred by the refpeftivc cruifers as fully fufficicnt : the two parties reciprocally engaging not to ad-nit under the protection of their con. Voys fhips which fhall carry con traband goods deftined to an enemv, XX. In all cafes where yefleis fhall be captured or detained under pretence of carrying to the enemy contraband goods, the captor fhall givfc a receipt for fuch of the papers pf the veffel as he mail retain, which recerpt fhall be snnexei to a. defcriptiv lift oF' the faid papers : and it Ihall be unlawful tobrak up or open the hatches, chefb, trunks, calks, .bales or vefTels fiMirjd 01 board, or remove the fmallei part of the goods, unlefs the lading be broaght on fhore in pre fence of ihe competent officers, and an inven tory be made, by them of the faid goods. Nor fhall it bt lawful to fell, exchange or alienate the fame in apy manner, unlefs there -fhall have been lawful precefs. andxthe competent- judgeor judges fhall have pronounced againit fuch goods fen- tepc of conhfcation, living ?lways he-fhip, and the other goods which it contains. XXI. And that proper care may be taken of the veffel and cargo, and embezzlement prevented, it is greed, that it fhall not be lawful to remove the matter, comman der, or fupercarzo of any captured fhip from on board thereof, either during the time the fhip may be at lea alter herapture.or pdnomg the proceedings againft her, or her cargo, or anv thing relative there o. And in all cafes where a veiTei r The citizens of either party fhall be captured, or lczed, and hz fm adjudication, hej officers, P3rri" - - y- .tW. gersand crew fhall hoipitajy reared. They fhall not be inv?i foned or deprived of any. r2!t 0 rhejr wearing, apparel, Ror of c poffeffion and.ufe of their mor;fv, not exceeding for the captain, percargo and mate, five hundred -tollarseach, and for the failors and paffengers, one hundred dollar each. rYII If ; further flffreed, tiisc rrlin all cafes, the eflabliOied courts forpnze caufes, in'the countrv w which the prizes may be cohauft, fhall alone take cognizance of them. And whenever fuch tribunal el ci ther of the 'parties fhall pronounce judgment againft any veffel or gcofl or property claimed by the citiz? of the other party, the fentencecr cree fbail mention the reafons orrr -tive&bn Which the fame fnsll. ia beepfounded, and an autber.tica conv of the fentence or decree, an of ill the' proceedings in tr?e c. 11 it demanded, be cen tXe comrlnderor agent, ot ' effel, without any dei-, r 1 the farr.c. XXIII. And that moab-n Ca-remay b taken for !cf , of.the refpeftivc cit!2ens cl tr. tracking' prriies, and ir ?ra their furring injuries by i;- nf waif and privateers or 7, . ' S Cn it, S V i war tv, ai cpraraanucu -"-r t; 1