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 merchandizes be contraband, it shall not be any ways 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.

ARTICLE XVI.

Passports to be ex

tificates of the quali

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 the hibited, and also cerarticles 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.

ARTICLE XVII.

injuries

In time of war the

be

fur

nation to
nished with pass-

And that captures on light suspicions may be avoided, and thence arising prevented, it is agreed that when one party shall be engaged in war, and the other party be neuter, the ships of the neutral ships of the neutral party shall be furnished with passports ports mentioned in similar to that described in the fourth article, that it may the fourth article. appear thereby that the ships really belong to the citizens of the neutral party; 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 known whether they carry any contraband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to proceed on If contraband goods their voyage. If it shall appear from the certificates that found on board there are contraband goods on board any such ship, and ship may pursue her the commander of the same shall offer to deliver them

are

delivered up, the

voyage.

up, the offer shall be accepted, and the ship shall be at liberty to pursue its voyage, unless the quantity of the 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 of the same.

If there is no pass

of the neutrality of

If any ship shall not be furnished with such passport or certificates as are above required for the same, such case may be examined by a proper judge or tribunal, and if it shall appear port and other proof from other documents or proofs admissible by the usage of the vessel, no 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.

demnation.

If the master of a ship named in the passport should happen to die, If master of the or be removed by any other cause, and another put in his vessel dies, the ship place, the ship and cargo shall nevertheless be equally secure, and the passport remain in full force.

and cargo shall be secure.

Ships of either nation if examined at sex, boats to be sent,

and ships of war or privateers to remain

ARTICLE XVIII.

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. 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.

Ships under convoy

ARTICLE XIX.

It is expressly agreed by the contracting parties that the stipulations above mentioned, relative to the conduct to be observed on not to be examined. the, sea by the cruisers of the belligerent party towards the ships of the neutral party, shall be applied only to ships sailing without convoy; and when the 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.

Receipts to be given

tured vessels.

ARTICLE XX.

In all cases where vessels shall be captured or detained, under pretence of carrying to the enemy contraband goods, the captor for the papers of cap shall give a receipt for such of the papers of the vessel as he shall retain, which receipt shall be annexed to a descriptive list of the said papers; and it shall be unlawful to break up or open the hatches, 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 Sale of captured by them of the said goods; nor shall it be lawful to sell, exto change, 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 confisca tion, saving always the ship and the other goods which it contains.

vessels not. to be

condemnation.

ARTICLE XXI.

super

mander, or
cargo not to be re

And that proper care may be taken of the vessel and cargo, and embezzlement prevented, it is agreed that it shall not be lawful The master, comto remove the master, commander, or supercargo of any captured ship from on board thereof, either during the time the moved. ship may be at sea after her capture, or pending the proceedings against her or her cargo, or anything relative thereto. And in all cases where a vessel of the citizens of either party shall be captured or seized, and held for adjudication, her officers, passengers, and crew shall be hospitably treated. They shall not be imprisoned or deprived of any part of their wearing apparel, nor of the possession and and passengers. use of their money, not exceeding for the captain, supercargo, and mate five hundred dollars each, and for the sailors and passengers one hundred dollars each.

ARTICLE XXII.

Treatment of crew

lished prize courts.

It is further agreed that in all cases the established courts for prize causes, in the country to which the prizes may be con- Prizes to be conducted, shall alone take cognizance of them. And when- demned by estab ever 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.

ARTICLE XXIII.

to be paid.

And that more abundant care may be taken for the security of the respective citizens of the contracting parties, and to pre- Damages by menvent their suffering injuries by the men-of-war or privateers 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.

security.

to give

For this cause all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a Commanders of competent judge, sufficient security by at least two respon- privateers sible 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 and forty francs, to satisfy all damages and injuries which the said priva teer, 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 aggression the said commission shall be revoked and annulled.

prizes not
duties, and not to be
examined.

ARTICLE XXIV.

When the ships of war of the two contracting parties, or those Armed vessels and belonging to their citizens which are armed in war, shall be admitted to enter with their prizes the ports of either of the two parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, the judges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes; but they may hoist sail at any time and depart, and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to shew. It is always understood that the stipulations of this article shall not extend beyond the privileges of the most favored nation.

Restrictions on for

ARTICLE XXV.

It shall not be lawful for any foreign privateers who have commissions from any Prince or State in enmity with either nation, eign privateers. 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.

hibited entering the ports of either nation.

ARTICLE XXVI.

It is further agreed that both the said contracting parties shall not Pirates to be pro- 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.

The ships and goods

be seized.

And all their ships, with the goods or merchandises, taken by them and brought into the port of either of the said parties, shall taken by pirates to be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents duly authorised 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.

The fisheries of

ARTICLE XXVII.

Neither party will intermeddle in the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights either party not to which it now holds or may acquire on the coast of Newbe interfered with. foundland, in the Gulph 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 changed within six if possible.

Ratifications ex

months.

In faith whereof the respective Plenipotentiaries have signed the

above articles both in the 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 Vendémiaire of the ninth year of the French Republic, the thirtieth day of September, anno Domini eighteen hundred.

[The Senate of the United States did, by their resolution on the 3d day of February, 1801, consent to and advise the ratification of the convention: Provided, The second article be expunged, and that the following article be added or inserted: "It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of the ratifications."

Bonaparte, First Consul, in the name of the French people, consented on the 31st July, 1801, "to accept, ratify, and confirm the above convention, with the addition importing that the convention shall be in force for the space of eight years, and with the retrenchment of the second article: Provided, That by this retrenchment the two States renounce the respective pretentions, which are the object of the said article."

These ratifications, having been exchanged at Paris on the 31st of July, 1801, were again submitted to the Senate of the United States, which on the 19th of December, 1801, declared the convention fully ratified, and returned it to the President for promulgation.]

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803.

sources of misunder

the construction of

&c., &c.

The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, Desire of the pardesiring to remove all source of misunderstanding relative ties to remove all to objects of discussion mentioned in the second and fifth standing relative to articles of the convention of the 8th Vendémiaire, an 9 the treaty of Madrid, (30th September, 1800) relative to the rights claimed by the United States, in virtue of the treaty concluded at Madrid, the 27th of October, 1795, between his Catholic Majesty and the said United States, and willing to strengthen the union and friendship which at the time of the said convention was happily re-established between the two nations, have respectively named their Plenipotentiaries, to wit: the President of the United States, [of America,] by and with the advice and consent of the Senate of the said States, Robert R. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said States, near the Government of the French Republic; and the First Consul, in the name of the French people, Citizen Francis Barbé Marbois, Minister of the Public Treasury; who, after having respectively exchanged their full powers, have agreed to the following articles: