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The king of France to employ his good offices with the Barbary powers, in behalf
of the United States.
Art. 8. The most christian king will employ his good offices and interposition with the king or emperor of Morocco or Fez, the regencies of Algier, Tunis, and Tripoli, or with any of them; and also with every other prince, state, or power, of the coast of Barbary, in Africa, and the subjects of the said king, emperor, states, and powers, and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and effects, against all violence, insult, attacks, or depredations on the part of the said princes, and states of Barbary, or their subjects.
Fishing reciprocally prohibited to each party, in places occupied for that purpose, by
the other, &c. The exclusion in relation to fishing, to be governed by indulgences granted to other
Art. 9. The subjects, inhabitants, merchants, commanders of ships, masters, and mariners, of the states, provinces, and dominions of each party respectively, shall abstain and forbear to fish in all places possessed, or which shall be possessed, by the other party; the most christian king's subjects shall not fish in the havens, bays, creeks, roads, coasts, or places, which the said United States hold, or shall hereafter hold, and in like manner the subjects, people, and inhabitants of the said United States, shall not fish in the havens, bays, creeks, roads, coasts, or places, which * the most [ *80 christian king possesses, or shall hereafter possess; and if any ship or vessel shall be found fishing contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated; it is however understood that the exclusion stipulated in the present article, shall take place only so long and so far as the most christian king, or the United States, shall not in this respect have granted an exemption to some other nation.
The United States to respect the rights of France, with respect to fishing on the
banks of Newfoundland, &c. as established by the treaties of Utrecht and Paris.
Art. 10. The United States, their citizens and inhabitants, shall never disturb the subjects of the most christian king in the enjoyment and exercise of the right of fishing on the banks of Newfoundland, nor in the indefinite and exclusive right which belongs to them on that part of the coast of that island which is designed by the treaty of Utrecht, nor in the rights relative to all and each of the isles which belong to his most christian majesty, the whole conformable to the true sense of the treaties of Utrecht and Paris. *
[* By the 13th article of the treaty of Utrecht, it is allowed to the subjects of France to catch fish and to dry them on land, in that part only, and in no other besides that, of Citizens of the United States, to be exempt from the law of escheat, in case of dying
aliens in France, and French subjects to enjoy an equal privilege in the United States, &c.
† Art. 11. The subjects and inhabitants of the said United * States, or any one of ihem, shall not be reputed aubains [ *81 ]
the said island of Newfoundland, which stretches from the place called Cape Bonavista, to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche.” This treaty was concluded on the 11th day of April, (N. S.) 1713, and the rights which it secured io France in the fisheries in question, were continued to her, with some modifications, by the 5th article of the treaty of Paris, concluded on the 10th day of February, 1763.]
† The two following articles were originally agreed to, but afterwards rescinded—10 wit:
Art. 11. It is agreed and concluded, that there shall never be any duty imposed on the exportation of the molasses that may be taken by the subjects of any of the United States, from the islands of America which belong, or may hereafter appertain to his most christian majesty:
Art. 12. In compensation of the exemption stipulated by the preceding article, it is agreed and concluded, that there shall never be any duties imposed on the exportation of any kind of merchandise which the subjects of his most christian majesty may take from the countries and possessions, present or future, of any of the thirteen United States, for the use of the islands which shall furnish molasses.
Act of France rescinding the foregoing articles.
[TRANSLATION.] The general congress of the United States of North America, having represented to the king that the execution of the eleventh article of the treaty of amity and commerce, signed the sixth of February last, might be productive of inconveniencies; and having thereby desired the suppression of this article, consenting in return that the twelfth article shall likewise be considered of no effect : his majesty in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two states, has been pleased to consider their representations : bis majesty has consequently declared, and does declare by these presents, that he consents to the sup. pression of the eleventh and twelfth aforementioned articles, and that his intention is, that ihey be considered as having never been comprehended in the trealy signed the sixth of February last. Donc at Versailles, the first day of the month of September, one thousand seven hun. dred and seventy-eight.
GRAVIER DE VERGENNES. Act of the United States rescinding the foregoing articles.
The most christian king having been pleased to regard the representations made to him by the general congress of North America, relative to the eleventh article of the treaty of commerce, signed the sixth of February, in the present year; and his majesty having therefore consented that the said article should be suppressed, on condition that the twelsh article of the same trealy be equally regarded as of none effect; the general congress bath declared, and do declare on their part, that they consent to the suppression of the eleventh and twelfth articles of the above mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in the treaty signed the sixth of February. In faith whereof, &c.
in France, and consequently shall be exempted from the droit d'aubaine, or other similar duty, under what name soever. They may by testament, donation, or otherwise, dispose of their goods, moveable and immoveable, * in favour of such persons as [ *82 to them shall seem good, and their heirs, subjects of the said United States, residing whether in France or elsewhere, may succeed them ab intestat, without being obliged to obtain letters of naturalization, and without * having the effect of this concession contested [ *83 1 or impeded under pretext of any rights or prerogatives of provinces, cities, or private persons; and the said heirs, whether such by particular title, or ab intestat, shall be exempt from all duty called droit de detraction, or other duty of the same kind, saving nevertheless the local rights or duties as much, and as long as similar ones are not established by the United States, or any of them. The subjects of the most christian king shall enjoy on their part in all the dominions of the said states, an entire and perfect reciprocity relative to the stipulations contained in the present article, but it is at the same time agreed that its contents shall not affect the laws made, or that may be made hereafter in France against emigrations, which shall remain in all their force and vigour, and the United States on their part, or any of them, shall be at liberty to enact such laws, relative to that matter, as to them shall seem proper. Suspected ships entering the ports of an enemy to either party, may be compelled to
exhibit their papers. Art. 12. The merchant ships of either of the parties which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit as well upon the high seas, as in ihe ports and havens, not only her passports, but likewise certificates, expressly showing that her goods are not of the number of those which have been prohibited as contraband.
Mode of proceeding, in relation to vessels having on board contraband goods, &c.
Art. 13. If by the exhibiting of the abovesaid certificates, the other party discover there are any of those sorts of goods * [ *84 ] which are prohibited and declared contraband, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such ship belongs to the subjects of France, or the inhabitants of the said United States, unless the lading be brought on shore in the presence of the officers of the court of admiralty, and an inventory thereof made ; but there shall be no allowance to sell, exchange, or alienate the same, in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the court of admiralty shall, by VOL. 11.
a sentence pronounced, have confiscated the same: saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free, neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated, as lawful prize: but if not the whole cargo, but only part thereof shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor, who has discovered them, in such case, the captor having received those goods, shall forthwith discharge the ship, and not hinder her by any means, freely to prosecute the voyage on which she was bound. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of [ *85 ) delivering him the contraband * goods, carry the vessel into the nearest port, agreeable to what is above directed.
Goods belonging to the subjects or citizens of either party, put on board enemy's res
sels, liable to contiscation, &c.
Art. 14. On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemies of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated 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 subjects and people 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 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 subjects, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.
Mutual guarantee against injuries from the armed vessels of either party. [ *86 ] Art. 15. And that more effectual care may be taken * for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other party, all the commanders of the ships of his most christian majesty and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side; and if they act to the contrary they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the inter
est thereof, by reparation, under the pain and obligation of their person and goods.
Ships and merchandise, rescued from pirates, to be restored. Art. 16. All ships and merchandises of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.
Free entrance, &c. allowed to prizes made by either party, into the ports of cach. Eneiny cruisers against one party, not allowed to remain in the ports of the other.
Art. 17. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please, the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty or any other judges; nor shall such prizes be arrested or seized when they come to or enter the ports of either party; nor shall the searchers or other officers of those places search the same, or 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 ( *87 ] be obliged to show: on the contrary, no shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties; but if such shall come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used, that they go out and retire from thence as soon as possible.
Relief, &c. to be granted by each party to the shipwrecked vessels of the other. Art. 18. If any ship belonging to either of the parties, their people, or subjects, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof. And letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to his own country. Citizens and subjects of either party, forced in their shipping by necessity, to take
refuge in the ports of the other, to be received with humanity, and treated with
liberality. Art. 19. In case the subjects and inhabitants of either party, with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates, or enemies, or any other urgent necessity for seeking of shelter and harbour, to retreat and enter into any of the rivers, bays, roads, or