THE First Consul of the French Republic, in the name of the French People, and the President of the United States of America, equally animated with a desire to put an end to the differences which have arisen between the two States, have re­spectively nominated their Plenipotentiaries, and invested them with full powers to negoti [...] upon these differences, and terminate them: That is to say, the First Consul of the French Republic, in the name of the French People, has nominated for Plenipoten­tiaries of the said Republic, the Citizens Joseph Bonaparte, Ex-Ambassador of the French Republic at Rome, and Counsellor of State; Charles-Pierre Claret-Fleurieu, Member of the National Institute, and of the Office of Longitude of France, and Counsellor of State, President of the Section of Marine; and Pierre-Louis Roederer, Member of the National Institute, and Counsellor of State, President of the Section of the Interior; and the President of the United States of America, by and with the advice and consent of the Senate of said States, has appointed for their Plenipotentiaries, Oliver Ellsworth, Chief Justice of the United States, William Richardson Davie, [...]i-devant Gover­nor of North Carolina, and William Vans Murray, Resident Minister of the United States at the Hague:

Who, after having exchanged their full powers, and patiently and carefully discussed their respective interests, have agreed to the following articles:

[Page 3] ARTICLE I. There shall be a firm, inviolable and uni­versal peace, and true and sincere friendship, between the French Republic and the United States of America, as well between their countries, territories, cities and places, as between their citizens and inhabitants, without ex­ception of persons or places.

II. The Ministers Plenipotentiary of the two parties, not being empowered at present to agree relative to the treaty of alliance of the 6th of February, 1778, to the treaty of friendship and commerce of the same date, and to the convention of the 14th of November, nor to the indemnities mutually due and claimed, the parties shall further negotiate upon these points at a convenient time; and until they shall be agreed upon these points, the said treaties and convention shall have no effect, and the rela­tions of the two nations shall be regulated as follows:

III. The ships belonging to the State taken on either side, or which may be taken before the exchange of ratifications, shall be given up.

IV. The properties captured and not yet definitively condemned, or which may be captured before the ex­change of ratifications, except contraband merchandise destined for an enemy's port, shall be mutually restored upon the following proofs of property, viz.

On the one part, and on the other, the proofs of pro­perty relative to merchant vessels, armed or unarmed, shall be a passport in the following form:

And this passport shall be sufficient without any other document, notwithstanding any regulation to the contrary.

It shall not be necessary to renew or revoke this passport, whatever number of voyages the said ship shall have made, unless they shall not have returned home within the space of a year.

With respect to the cargo, the proofs shall be certifi­cates, containing an account what place the ship has left, and where it is going to, so that prohibited and contra­band merchandise may be distinguished by certificates, which certificates shall have been made by the officers of the place from whence the ship shall have set out, agree­able to the accustomed forms of the country. And if these passports or certificates, or both, shall have been destroyed by accident, or taken away by force, the want of them shall be supplied by every other proof of property admissible according to the general usage of nations.

[Page 5]For other ships besides merchant ships, the proof shall be the commissions they bear. This article shall take effect from the date of the signature of the present Con­vention; and if by the date of the said signature proper­ty shall have been condemned contrary to the spirit of the said Convention, and previous to the knowledge of this stipulation, the property so condemned shall be re­stored or paid for.

V. The debts contracted by either of the two nations towards the individuals of each shall be acquitted, or the payment shall be in course, as if there had been no mis­understanding between the two states; but this clause shall not extend to indemnities, claimed for captures or condemnations.

VI. The trade between the two parties shall be free; the ships of the two nations, and their privateers, as well as their prizes, shall be treated in their respective ports as those of the most favoured nation; and in general the two parties shall enjoy in each other's ports, with respect to commerce and navigation, the same privileges as the most favoured nations.

VII. The citizens and inhabitants of the United States may dispose by will, donation, or otherwise, of their goods, moveable and immoveable property, possessed in the European territory of the French Republic; and the citizens of the French Republic shall have the same pow­er with regard to the goods, moveable and immoveable property, possessed in the territory of the United States, in favour of such persons as they shall think proper.— The citizens and inhabitants of one of the two States, who shall be heirs of the goods, moveable or immoveable pro­perty situate in the other, may succeed ab intestat, without there being any necessity for letters of neutrality, and without the effect of this stipulation being contested or [Page 6] impeached under any pretence whatever; and the said heirs, whether by private right, or ab intestat, shall be ex­empt from all right whatever of any one in either of the two nations. It is agreed, that this article shall not de­rogate in any manner from the laws which are now in force, in either of the two nations, or which may be pro­mulgated hereafter against emigration; and also, that in case the laws of either of the two states shall limit to foreigners the exercise of the right of immoveable pro­perty, such immoveable property may be sold, or other­wise disposed of, in favour of the inhabitants or citizens of the country where they shall be situate; and it shall be open to the other nation to establish similar laws.

VIII. To favour the commerce of both nations, it is agreed, that if war (which God forbid) should break out between the two nations, the merchants and other citi­zens, or respective inhabitants, shall be allowed on both sides six months after the declaration of war; during which period they shall have time to retire, with their effects and moveables, which they may carry away, or sell, as they shall think proper, without the least impediment; their effects, and still less their persons, shall not, during the period of six months, be seized. On the contrary, they shall have passports, which shall be valid for the time necessary to enable them to return home, and those passports shall be given for themselves, as well as for their ships and effects which they shall desire to take or send away. These passports shall serve as protections against all insults and all captures on the part of privateers, as well with regard to themselves as their effects; and if within the term above mentioned there shall have been committed by one of the parties, its citizens, or inhabi­tants, any wrong towards their persons or their property, they shall have complete satisfaction.

[Page 7]IX. The debts due by individuals of one of the two nations to the individuals of the other shall not, in case of war or national dispute, be sequestered or confiscated, no more than the claims or funds which shall be found in the public funds, or in the public or private banks.

X. The two contracting parties may nominate for the protection of trade Commercial Agents, who shall reside in France and the United States. Each of the parties may accept such place as it shall judge proper, where the residence shall be fixed. Before any agent can exer­cise his functions, he must be accepted according to the received forms of the party to which he is sent, and when he shall be received and provided with his exequatur, he shall enjoy the rights and prerogatives which are enjoyed by similar agents of the most favoured nations.

XI. The citizens of the French Republic shall not pay, in any ports, harbours, roads, countries, islands, ci­ties and places of the United States, other or greater du­ties or imposts, of what nature soever they may be, and whatever names they may have, than those which the most savoured nations are, or shall be bound to pay; and they shall enjoy all rights, liberties, privileges, im­munities, and exemptions, relating to trade, navigation, and commerce, whether in passing from one part of the said states to another, or whether in going there or re­turning from some part to any part of the world, that the said nations enjoy, or shall enjoy; and reciprocally the citizens of the United States shall enjoy in the territory of the French Republic, in Europe, the same privileges, and immunities, as well for their goods as their persons, as for what concerns trade, navigation, and commerce.

XII. The citizens of the two nations may conduct their vessels and their merchandises (always excepting such as are contraband) from any port to another belonging to [Page 8] the enemy of the other nation. They may navigate and commerce with full liberty and security, with their ships and merchandises, in the countries, ports, and places of the enemies of the two parties, or of the one or the other party, without obstacles or interruption, and not only pass directly from the places and ports of the enemy a­bovementioned to neutral ports and places, but from every place belonging to an enemy, whether it be or be not subject to the same jurisdiction, unless those places or ports shall be really blockaded, besieged, or invested.

And in case, as it often happens, when vessels shall be sailing for places or ports belonging to an enemy, igno­rant that they are blockaded, besieged, or invested, it is agreed that every ship which shall be found under such a predicament shall be turned from that place or port without any part of its cargo being retained or confiscat­ed (unless it shall be contraband, or it shall be proved that the said ship, after having been informed of the blockade or investiture, attempted to enter the same port) but it shall be allowed to go to any other port or place it shall think proper. No ship of either nation, entered in a port or place before it shall have been really blockaded, besieged, or invested by the other, shall be prevented from going out with its cargo: If it shall be there when the said place shall surrender, the ship and cargo shall not be confiscated, but sent away to the pro­prietors.

XIII. To regulate what shall be understood by con­traband warlike stores, under this denomination shall be comprised powder, saltpetre, petards, matches, balls, bullets, bombs, grenades, carcasses, pikes, halberts, swords, belts, pistols, scabbards, saddles, harness, cannon, mor­tars, with their carriages, and generally all arms and ammunitions of war and utensils for the use of troops. [Page 9] All the above articles, whenever they shall be destined for an enemy's port, are declared contraband, and justly subject to confiscation: but the ship in which they shall be laden, as well as the rest of the cargo, shall be con­sidered as free, and shall in no manner be vitiated by the contraband merchandise, whether they belong to the same or different proprietors.

XIV. It is stipulated by the present treaty, that the free ships shall equally assure the liberty of merchandise, and that all things shall be deemed free, which are found on board ships belonging to the citizens of one of the contracting parties, even though the same, or part of it, shall belong to the enemies of one of the two; provided, nevertheless, that contraband goods are always excepted. It is likewise agreed, that this same liberty shall extend to persons who may be on board the free ship, though they should be enemies of one of the two contracting parties, and they shall not be taken from the said free ships, un­less they are in a military capacity▪ and actually in the service of the enemy.

XV. It is on the contrary agreed, that all property which shall be put, by the respective citizens, on board ships belonging to an enemy of either party, or their subjects, shall be confiscated without distinction of mer­chandise, prohibited or not prohibited, so and in like man­ner as if it belonged to an enemy, with the exception al­ways of property and effects which shall have been put on board the said ships before the declaration of war, or even after the said declaration, if at the time of l [...]ding the party were ignorant of it; so that the merchandises of citizens of the two parties, whether they be in the number of contraband or not, which as has been already said, shall have been put on board a ship belonging of an enemy before the war, or even after the said declaration [Page 10] of war, in ignorance of it, shall not be in any manner subject to confiscation, but shall be faithfully and truly given up without delay to the owners claiming them, provided nevertheless that they shall not be permitted to carry into the enemies ports merchandise which shall be contraband. The two contracting powers agree, that af­ter a term of two months has passed from the declaration, their respective citizens, in whatever part of the world they may be, shall not be at liberty to plead the ignorance mentioned in this article.

XVI. Merchant vessels belonging to citizens of either of the contracting powers, when they shall have a mind to pass to the port of an enemy of the one or the other, and that their voyage as well as the nature of their cargo, shall afford just cause of suspicion, the said ship shall be obliged to exhibit at high sea, as well as in ports and roads, not only their passports, but further their certifi­cates, proving that these goods are not of the class of contraband specified in the 13th article of the present convention.

XVII. And in order to prevent captures on frivolous suspicions, and the damage thus resulting, it is agreed, that when one of the two powers shall be at war, and the other neutral, the vessels of the neutral party shall be provided with passport similar to those specified in the 4th article, so that it may thence appear that the parties belongs to a neutral party. These passports shall be va­lid for any number of voyages whatever; but they shall be renewed every year, if the ship returns home within the space of a year. If these ships are laden, they shall be provided not only with the passports above-mentioned, but also with certificates of the description of those mentioned in the same article, so that it may be known whether they have on board contraband goods. No other paper shall be [Page 11] required, all usages and regulations to the contrary not­withstanding; and if it should appear from these certi­ficates that there is not contraband merchandise on board, the said ships shall be left to pursue their destina­tion. If, on the contrary, it should appear from these certificates that the said ships have contraband merchan­dise on board, and the Commander offers to deliver them up, the offer shall be accepted, and the ship left at liberty to prosecute her voyage, unless the quantity of contra­band goods should be too great to admit of taking on board the ship of war or cruiser; in this case the ship shall be carried into port for the purpose of there deliver­ing the said goods.

Should a ship be found without the passports or the cer­tificates above required, the business shall be examined by competent judges or tribunals; and if it should appear from other documents or proofs, admissible by the law of nations, that the ship belongs to citizens of the neutral power, it shall not be condemned, and it shall be set at liberty with its cargo, contraband goods excepted, and shall have leave to prosecute its voyage.

Should the Captain named in the passport, happen to die or be removed, and another shall have been appoint­ed in his place, the ship and cargo shall be nevertheless secure, and the passport shall remain in full force.

XVIII. If the vessels belonging to citizens of the one nation or the other shall be met along the coast, or on the high seas, by any ship of war or cruizer belonging to the other, to prevent all disorder, the said ships or cruisers shall keep beyond the reach of cannon shot, and shall send their boat on board the merchant vessel so met with. They shall not be allowed to send on board more than two or three men to demand from the master or Captain of the ship the exhibition of his passport concerning the [Page 12] property of said ship, executed agreeable to the form prescribed in the 4th article, as also the certificates above mentioned relative to the cargo. It is expressly agreed that the neutral Captain shall not be obliged to go on board the visiting ship for the purpose of there shewing the papers demanded, or for any other informa­tion whatever.

XIX. It is expressly agreed by the parties, that the above stipulations relative to the conduct to be observ­ed at sea by the cruisers of the belligerent party towards the vessels of the neutral party shall apply only to ships sailing without convoy; and in case, when the said ships shall be convoyed, the intention of the parties being to ob­serve all the respect due to the protection of the flag hoist­ed on board ships of the state, no visit shall be made. But the verbal declaration of the Commander of the escort, that the ships under his convoy belong to the nation whose flag he carries, and that they have not any thing contraband on board, shall be taken by the respective cruisers as amply sufficient. The two parties bind them­selves reciprocally not to admit under protection of their convoys any vessels carrying contraband merchandise destined for an enemy.

XX. In case when the ships shall be taken or stopt, under alledged grounds of their carrying any contra­band articles to the enemy, the captor shall give a receipt of the ship's papers which he shall detain, which receipt shall be subjoined to a declaratory list of the said papers. He shall not be permitted to force open the hatches, coffers, chests, drawers, bales, &c. found on board ships, nor to carry off the smallest article of the effects, before the cargo has been disembarked in presence of the officers compe­tent to make an inventory of the said effects. They cannot in any manner be sold, exchanged, or alienated, [Page 13] unless, after a legal process, the competent judge or judg­es have passed upon the said effects a sentence of confisca­tion (excepting always the ship and the other objects that it contains.)

XXI. In order that the vessel and the cargo may be watched with care, and in order to prevent mistakes, it is decreed that the master, captain or supercargo of the captured ship cannot be taken from on board, either while the ship is at sea, after being taken, during the proceed­ings against it, its cargo, or any thing relative to it.

In case of the ship belonging to either party being taken, seized, and retained for judgment, its officers, pas­sengers and crews shall be treated with humanity; they cannot be imprisoned nor robbed of their clothes or pocket money, not exceeding for the captain, supercargo, and second, five hundred dollars each, and for the sailors and passengers, one hundred dollars each.

XXII. It is moreover agreed on, that in every case the tribunals appointed for prize causes in the countries whith­er the prizes shall be taken, shall alone be competent to try them; and every judgment which the tribunal of eith­er party pronounces against a ship, or merchandise, or property reclaimed by the citizens of the other party, the sentence or decree shall make mention of the reasons or motives which have determined this judgment, of which an authentic copy, as well as of all the proceed­ings relative to it, shall, on their requisition, be deliver­ed without delay to the captain or agent of the said ship, after paying the expences.

XXIII. And finally, in order more effectually to pro­vide for the respective security of the citizens of the two contracting parties, and to prevent the injuries to be fear­ed from ships of war or privateers of either party, all the commanders of ships of war or privateers, and all the [Page 14] citizens of both parties, shall refrain from all violence against one another, and from every personal insult. If they act in a contrary manner they shall be punished, and bound over in their persons and properties to give satis­faction and reparation for the damage, with interest, of whatever kind the said damage may be.

To this effect all the captains of privateers, before receiv­ing their commissions, shall become bound before a com­petent judge, to give security by two responsible cautions at least, who shall have no interest in the said privateer, and whom each, as well as the captain, shall engage in­dividually for the sum of 7,000 dollars, or 36,820 francs, if the said vessels carry more than 150 sailors or soldiers, for the sum of 15,000 dollars, or 73,670 francs, which shall serve to repair the damage that the said privateers, their officers, or crews, or any of them, shall have com­mitted during their cruise contrary to the dispositions of the present convention, or to the laws and instructions which ought to be the rule of their conduct; besides this, the said commission shall be revoked and annulled in every case where an aggression has been committed.

XXIV. When the ships of war of the two contracting parties, or those which their citizens shall have armed, shall be admitted with their prizes into the ports of either of the two parties, the said public or private vessels, as well as their prizes, shall not be obliged to pay any duties, either to the officers of the place, or to the judges, or to any others. The said prizes entering in the harbours or ports of one of the two parties, shall not be arrested or seized, and the officers of the place shall not take cogni­zance of the validity of the said prizes, which are to be suffered to go out, and be conducted with full freedom and liberty to their ports, by the commissions which the captains of the said vessels shall be obliged to shew. It is [Page 15] always understood, that the stipulations of this article shall not extend beyond the privileges of the most favoured nations.

XXV. All foreign privateers having commissions from a State or Prince at war with one or other nation cannot arm their vessels in the ports of either nation, or dispose of their prizes there, or in any manner exchange them.— They shall not be allowed to buy provisions further than the necessary quantity to gain the nearest port of the State or Prince from whom they shall have received their com­missions.

XXVI. It is further agreed that neither of the two con­tracting parties shall receive pirates in its ports, roads, or cities, and shall not permit any of its inhabitants to re­ceive, protect, support or conceal them in any manner, but shall deliver up to due punishment such of its inhabitants as shall be guilty of the like acts or crimes: the ships of those pirates, as well as their effects and merchandize, shall be seized wherever they shall be discovered, and restored to their proprietors, agents or factors, duly authorized by them, after having proved their right before judges com­petent to decide respecting the property.

If the said effects have passed by sale into other hands, and the purchasers were or might be informed, or have suspected, that the said effects were carried away by pirates, they shall be equally restored.

XXVII. Neither of the two nations shall interfere in the fisheries of the other upon its coasts, nor disturb it in the exercise of the rights which it now has, or may acquire, on the coasts of Newfoundland, in the Gulf of St. Laurence, or elsewhere on the coast of America, or the north of the United States; but the whale and seal fishery shall be free for the two nations in all parts of the world.

[Page 16]The Convention shall be ratified on both side [...] in due form, and the ratifications shall be exchanged in the space of six months, or sooner if it be possible. In faith whereof the respective Plenipotentiaries have signed the above articles as well in the French as in the English language, and have placed their seals, declaring nevertheless that the signature in two languages shall not be cited as an example, and shall not prejudice either of the two parties.