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necessary for their going to the next port of that prince or state from which they have commissions.”
ARTICLE XXVI.-(Citizens of one may trade with the enemies of the others: free ships, free goods, and also persons except soldiers.)—“It shall be lawful for all and singular the subjects of the most christian king, and the citizens, people and inhabitants of the said states, to sail with their ships with all manner of liberty and security, no distinction being made, who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with the most christian king, or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid to sail with the ships and merchandises aforementioned, and to trade with the same liberty and security from the places, ports and havens of those who are enemies of both, or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral 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 prince, or under several. And it is hereby stipulated, that free ships shall also give a freedom to goods; and that everything shall be deemed to be free and exempt, which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any part thereof, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both, or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies."
ARTICLE XXVII.—(List of contraband goods; and of free goods).-" This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs with their fusees and other things belonging to them, fire-balls, gunpowder, match, cannonball, pikes, swords, lances, spears, halberds, mortars, petards, granadoes, saltpetre, muskets, musket-balls, helmets, headpieces, breastplates, coats of mail, and the like kind of arms proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatsoever. These merchandises which follow shall not be reckoned among contraband or prohibited goods, that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton or any other material whatever, all kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, lead, brass, coals, as also wheat and barley, and any other kind of corn and pulse, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oil, wines, sugars, and all sorts of salt, and in general all provisions which serve for the nourishment of mankind, and the sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloth, anchors and any part of anchors, also ships' masts, planks, boards and beams, of what tree soever, and all other things, proper either for building or repairing ships, and all other goods whatsoever, which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free goods; as likewise all other merchandises and things which are not comprehended, and particularly mentioned, in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner, by the subjects of both confederates, even to places belonging to an enemy, such towns and places being only excepted as are at that time besieged, blocked up, or invested.”
ARTICLE XXVIII.—(Vessels to carry sea letters and certificates in time of war.)—" To the end that all manner of dissensions and quarrels may be avoided and prevented, on one side and the other, it is agreed, that in case either of the parties hereto should be engaged in a war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with sea letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby, that the ship really and truly belongs to the subjects of one of the parties ; which passports shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year; that is, if the ship happens to return home in the space of a year. It is likewise agreed that such ships, being laden, are to be provided not only with passports, as abovementioned, but also with certificates containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form ; and if any one shall think it fit or advisable to express in the said certificates the persons to whom the goods on board belong, he may freely do it.
ARTICLE XXIX.—(The case of ships not wishing to unload cargo.) “The ships of the subjects and inhabitants of either of the parties, coming upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected, upon some manifest tokens, of carrying to the enemy of the other ally any prohibited goods called contraband; and in case of such manifest suspicion, the parties shall be obliged to exhibit, in the ports, their passports and certificates in the manner before specified.”
ARTICLE XXX.-(The ship of war of one state visiting merchant vessels of the other are to remain out of cannon shot; goods to be examined before being put or board.)—“ If the ships of the said subjects, people or inhabitants of either of the parties, shall be met with, either sailing along the coast, or on the high seas, by any ship of war of the other, or by any privateers, the said ships of war or privateers, for the avoiding of any disorder, 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 or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, or to give her chace or force her to quit her intended course. It is also agreed, that all goods, when once put on board the ships or vessels of either parties, shall be subject to no further visitation; but all visitation or search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective states; nor shall either the persons or goods of the subjects of his most christian majesty or the United States, be put under any arrest, or molested by any other kind of embargo for that cause; and only the subject of that state to whom the said goods have been or shall be prohibited, and shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.” 1
INSTRUCTIONS TO COMMISSIONERS.
" There is delivered to you herewith a plan of a treaty with his most christian majesty of France, approved of in Congress, on the part of the United States; and you are hereby instructed to use every means in your power for concluding it, conformably to the plan you have received.
“If you shall find that to be impracticable, you are hereby authorized to relax the demands of the United States, and to enlarge their offers agreeably to the following directions :
“ If his most christian majesty shall not consent that the inhabitants of the United States shall have the privileges proposed in the second article, then the United States ought not to give the subjects of his most christian majesty the privileges proposed in the first article; but that the United States shall give to his most christian majesty the same privileges, liberties, and immunities at least, and the like favour in all things which any foreign nation the most favoured shall have-provided, his most christian majesty shall give to the United States the same benefits, privileges and immunities which the most favoured nation now has, uses, or enjoys.
1 With the exception of the first and second articles, which place the citizens of each party on the footing of natives in trading with the other, there is hardly a new idea, or policy in respect to commerce in this plan of treaties. Much of it is taken word for word from the treaty of commerce of 1713 between France and England (Utrecht), and many of the articles appear in even earlier treaties.
“ And, in case neither of these propositions of equal advantages is agreed to, then the whole of the said articles are to be rejected, rather than obstruct the further progress of the treaty.
“ The fourth article must be insisted on.
“ The seventh article ought to be obtained, if possible; but should be waived, rather than that the treaty should be interrupted by insisting upon it.
“ His most christian majesty agreeing, nevertheless, to use his interest and influence to procure passes from the states mentioned in this article for the vessels of the United States upon the Mediterranean.
“ The eighth article will probably be attended with some difficulty. If you find his most christian majesty determined not to agree to it, you are empowered to add to it, as follows:
- That the United States will never be subject, or acknowledge allegiance, or obedience, to the king, or crown, or parliament of Great Britain ; nor grant to that nation any exclusive trade, or any advantages, or privileges in trade, more than to his most christian majesty; neither shall any treaty for terminating the present war between the king of Great Britain and the United States, or any war which may be declared by the king of Great Britain against his most christian majesty, in consequence of this treaty, take effect until the expiration of six calendar months after the negotiation for that purpose shall have been duly notified, in the former instance by the United States to his most christian majesty, and in the other instance by his most christian majesty to the United States; to the end that both these parties may be included in the peace, if they think proper.
“ The twelfth and thirteenth articles are to be waived, if you find that the treaty will be interrupted by insisting on them.
“ You will press the fourteenth article; but let not the fate of the treaty depend upon obtaining it.
"If his most christian majesty should be unwilling to agree to the sixteenth and twenty-sixth articles, you are directed to