case they shall pay no kind of duty of exportation, or for that of selling them in the country, if they be not prohibited there, and in this last case the said merchandize, if they be damaged, shall be allowed an abatement of entrance duties, proportioned to the damage they have sustained, which shall be ascertained by the affidavits taken at the time the vessel was wrecked or struck. Power of Consuls respecting vessels of their own nation. ARTICLE VIII. The Consuls or Vice-Consuls shall exercise police over all the vessels of their respective nations, and shall have on board the said vessels all power and jurisdiction in civil matters, in all the disputes which may there arise; they shall have an entire inspection over the said vessels, their crew, and the changes and substi tutions there to be made; for which purpose they may go on board the said vessels whenever they may judge it necessary. Well understood that the functions hereby allowed shall be confined to the interior of the vessels, and that they shall not take place in any case which shall have any interference with the police of the ports where the said vessels shall be. n regard to deserters, and mode of proceeding. ARTICLE IX. The Consuls and Vice-Consuls may cause to be arrested the captains, Power of Consals Officers, mariners, sailors, and all other persons being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back and transport them out of the country; for which purpose the said Consuls and Vice-Consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel or ship's roll that those men were part of the said crews; and on this demand so proved (saving, however, where the contrary is proved) the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls for the search, seizure, and arrest of the said deserters, who shall even be detained and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back; but if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. ARTICLE X. In cases where the respective subjects or citizens shall have committed any crime, or breach of the peace, they shall be amenable to the judges of the country. Citizens arenable for crimes to the judges of the COLL ry. When the How to proceed when offenders withdraw on board their vessels. ARTICLE XI. said offenders shall be a part of the crew of a vessel of their nation, and shall have withdrawn themselves on board the said vessel, they may be there seized and arrested by order of the judges of the country. These shall give notice thereof to the Consul or Vice-Consul, who may repair on board if he thinks proper; but this notification shall not in any case delay execution of the order in question. The persons arrested shall not afterwards be set at liberty until the Consul or Vice-Consul shall have been notified thereof; and they shall be delivered to him, if he requires it, to be put again on board of the vessel on which they were arrested; or of others of their nation, and to be sent out of the country. ARTICLE XII. Disputes between citizens in a foreign country to be settled by consuls. All differences and suits between the subjects of the Most Christian King in the United States, or between the citizens of the United States within the dominions of the Most Christian King, and particularly all disputes relative to the wages and terms of engagement of the crews of the respective vessels, and all differences, of whatever nature they be, which may arise between the privates of the said crews, or between any of them and their captains, or between the captains of different vessels of their nation, shall be determined by the respective Consuls and Vice-Consuls, either by a reference to arbitrators, or by a summary judgment, and without costs. No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter; and the appeals from the said consular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof. ARTICLE XIII. Tribunals to deride commercial lairs. The general utility of commerce having caused to be established within the dominions of the Most Christian King particular tribunals and forms for expediting the decision of commercial affairs, the merchants of the United States shall enjoy the benefit of these establishments; and the Congress of the United States will provide in the manner the most conformable to its laws for the establishment of equivalent advantages in favour of the French merchants, for the prompt dispatch and decision of affairs of the same nature. ARTICLE XIV. The subjects of the Most Christian King, and the citizens of the United States who shall prove by legal evidence that they are of the said nations respectively, shall in consequence enjoy an exemption from all personal service in the place of their settlement. ARTICLE XV. Citizens exempted from personal service in place of settlement. If either party grant greater COLsular privileges to another nation they shall be common to both. If any other nation acquires by virtue of any convention whatever a treatment more favourable with respect to the consular preeminences, powers, authority, and privileges, the Consuls and Vice-Consuls of the Most Christian King, or of the United States, reciprocally shall participate therein, agreeable to the terms stipulated by the second, third, and fourth articles of the treaty of amity and commerce concluded between the Most Christian King and the United States. ARTICLE XVI. Duration of this convention. The present convention shall be in full force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged on both sides within the space of one year, or sooner if possible. In faith whereof we, Ministers Plenipotentiary, have signed the present convention, and have thereto set the seal of our arms. Done at Versailles the 14th of November, one thousand seven hundred and eighty-eight. Convention for ferences between the France. FRANCE, 1800. CONVENTION BETWEEN THE FRENCH REPUBLIC AND THE UNITED STATES OF AMERICA. CONCLUDED, SEPTEMBER 30, 1800; RATIFICA TIONS EXCHANGED JULY 31, 1801; PROCLAIMED DECEMBER 21, 1801. The Premier.Consul of the French Republic in the name of the people of France, and the President of the United States of terminating the dit America, equally desirous to terminate the differences which United States and have arisen between the two States, have respectively appointed their Plenipotentiaries, and given them full power to treat upon those differences, and to terminate the same; that is to say, the Premier Consul of the French Republic, in the name of the people of France, has appointed for the Plenipotentiaries of the said Republic the citizens Joseph Bonaparte, ex-Ambassador at Rome and Counsellor of State; Charles Pierre Claret Fleurieu, Member of the National Institute and of the Board of Longitude of France and Counsellor of State, President of the Section of Marine; and Pierre Louis Roederer, Member of the National Institute of France 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 the said States, has appointed for their Plenipotentiaries, Oliver Ellsworth, Chief Justice of the United States; William Richardson Davie, late Governor of the State of North Carolina; and William Vans Murray, Minister Resident of the United States at the Hague; who, after having exchanged their full powers, and after full and mature discussion of the respective interests, have agreed on the following articles: Firm. inviolable, ARTICLE I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the French Republic and the and universal perce United States of America, and between their respective Republic and United countries, territories, cities, towns, and people, without exception of person or places. between the French States of America. ARTICLE II.* The Ministers Plenipotentiary of the two parties not being able to Treaty of 6th Feb., agree at present respecting the treaty of alliance of 6th February, 1778, the treaty of amity and commerce of the same date, and the convention of 14th of November, 1788, nor upon the indemnities mutually due or claimed, the parties will 1778, and convention of 14th Nov., 1788, abrogated. * This article was expunged before the final ratification of the treaty, and the following article was added: "It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of ratifications." negociate further on these subjects at a convenient time, and until they may have agreed upon these points the said treaties and convention shall have no operation, and the relations of the two countries shall be regulated as follows: ARTICLE III. The public ships which have been taken on one part and the other, or which may be taken before the exchange of ratifications, shall be restored. ARTICLE IV. Captured public ships to be restored. condemned, to be Property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications, (contraband Captured propergoods destined to an enemy's port excepted,) shall be mutu- tv, if not dehurvely ally restored on the following proofs of ownership, viz: The restored. proof on both sides with respect to merchant ships, whether armed or unarmed, shall be a passport in the form following: "To all who shall see these presents, greeting: to "It is hereby made known that leave and permission has been given master and commander of the ship called burthen of the town of Form of the pass tons, or there- port ง merchant abouts, lying at present in the port and haven of and bound for and laden with - -; after that his ship has been visited, and before sailing, he shall make oath before the officers who have the jurisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of vessels restored. She treaty of 1778, article 25, ante, 26. Proof of captured the act whereof shall be put at the end of these presents, as likewise that he will keep, and cause to be kept, by his crew on board, the marine ordinances and regulations, and enter in the proper office a list, signed and witnessed, containing the names and surnames, the places of birth and abode of the crew of his ship, and of all who shall embark on board her, whom he shall not take on board without the knowledge and permission of the officers of the marine; and in every port or haven where he shall enter with his ship, he shall shew this present leave to the officers and judges of the marine, and shall give a faithful account to them of what passed and was done during his Voyage; and he shall carry the colours, arms, and ensigns of the [French Republic or the United States] during his voyage. In witness whereof we have signed these presents, and. put the seal of our arms thereunto, and caused the same to be countersigned by at the day of anno Domini." Proot with respect And this passport will be sufficient without any other paper, any ordinance to the contrary notwithstanding; which passport shall not be deemed requisite to have been renewed or recalled, whatever number of voyages the said ship may have made, unless she shall have returned home within the space of a year. Proof with respect to the cargo shall be certificates, containing the several particulars of the cargo, the place whence the ship sailed and whither she is to cargo. bound, so that the forbidden and contraband goods may be distinguished by the certificates; which certificates shall have been made out by the officers of the place whence the ship set sail, in the accustomed form of the country. And if such passport or certificates, or both, shall have been destroyed by accident or taken away by force, their deficiency may be supplied by such other proofs of ownership as are admissible by the general usage of nations. Proof with respect to other than merchant ships shall be the commission they bear. effect from the signature of this convention. This article shall take effect from the date of the signature of the This article to take present convention. And if, from the date of the said signature, any property shall be condemned contrary to the intent of the said convention, before the knowledge of this stipulation shall be obtained, the property so condemned shall, without delay, be restored or paid for. Debts due by indi ARTICLE V. The debts contracted by one of the two nations with individuals of the other, or by the individuals of one with the individuals viduals of either of the other, shall be paid, or the payment may be prosetion may be paid, &c. cuted, in the same manner as if there had been no misunderstanding between the two States. But this clause shall not extend to indemnities claimed on account of captures or confiscations. Commerce between ARTICLE VI. Commerce between the parties shall be free. The vessels of the two nations and their privateers, as well as their prizes, shall the parties to be free. be treated in their respective ports as those of the nation the most favoured; and, in general, the two parties shall enjoy in the ports of each other, in regard to commerce and navigation, the privileges of the most favoured nation. country to be at liberty to devise their to take, to give, or tion. ARTICLE VII. The citizens and inhabitants of the United States shall be at liberty Citizens of either to dispose by testament, donation, or otherwise, of their goods, moveable and immoveable, holden in the territory property, and to have of the French Republic in Europe, and the citizens of the devise French Republic shall have the same liberty with regard to goods, moveable and immoveable; holden in the territory of the United States, in favor of such persons as they shall think proper. The citizens and inhabitants of either of the two countries who shall be heirs of goods, moveable or immoveable, in the other, shall be able to succeed ab intestato, without being obliged to obtain letters of naturalization, and without having the effect of this provision contested or impeded, under any pretext whatever; and the said heirs, whether such by particular title, or ab intestato, shall be exempt from any duty whatever in both countries. It is agreed that this article shall in no manner derogate from the laws which either State may now have in force, or hereafter may enact, to prevent emigration; and also that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be, and the other nation shall be at liberty to enact similar laws. In case of war be tween the two ARTICLE VIII. To favor commerce on both sides it is agreed that, in case a war should break out between the two nations, which God forbid, the term of six months after the declaration of war shall be allowed to the merchants and other citizens and inhabitants respectively, on one side and the other, during which time they shall be at liberty to withdraw themselves, with their tions six months to be allowed to remove property. |