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102
T R Ii A T Y.
BETWEEN THE UNITED STATES
AND IUS CATHOLIC MAJESTY
( Concluded from our Inf.)
Art. XV. It shall be lawful for all and fm
gular the fubjc&s of his Catholic Majesty, and
the citizens, people and inhabitants of the Uni
led .States, to fail with their (hips with all man
ner ot liberty am* security, ho ditlinffion be
ing made who tare the proprietors ot the mer
chandizes laden therein, from any port to the
places of th.oir who now are, or hereafter shall
Le at r'nr,dty with his Catholic Majesty or the
United. States. It shall be like wife lawful for
*he tubjefts and inhabitants alorefaid, to (ail
Vith the ships and merchandizes aforemen
tioned, and to trade wuh the fame liberty anrl
“security from the places, ports or havens of
thole who are enemies of both or either party,
without any oppofuion or disturbance whatfo
cver, not only from the places of the enemy
uforcTTieiifioncd, to neutral places, but also from
one place belonging to an enemy, to another
.place belonging to an enemy, whether they he
under the jurildiftion of the fame prince, or
under several : and it is hereby ltipular.ed that
free ships lhall also give freedom to goods, and
that every thing shall be deemed free and ex
empt which shall hcloundon board the ships
belonging to the fiibjecis of either of the cun
tfa&ing parties, although the whole lading or
ony part thereof, (hould appertain to the ene
mies of either ; contraband goods being al
ways excepted. It is a! so agreed, that the fame
liberty be granted toperfons who are on board
a free Ihip, so that although they be enemies to
♦ithrr party, they shall not be made prisoners
or taken out ot that free (hip, Unless they are
♦oldiersand in aftual l'rrvicc of the enemies.
Art. XVI. This liberty of navigation and
commerce shall extend to all kinds of mer
chandizes, excepting those oly which are dif
iinguifhecl by the name of contraband : and
wilder this name of contraband or prohibited
woods, sh oil be comprcjieiided arms, great guns,
bombs with their fuiees, and the other things
belonging to them, camion balls, gun powder,
snatch, pikes, swords, lances, (pears, halberts,
mortars, petards, grenades, fait petre, inu(kets,
inulket balls, buckler*, helmets, bread plates,
coats of mail, and the like kinds of arms, pro
per for arming foldicrs, musket reftj, belts,
•iiorles with tljjeir furniture, and all other war
like inftrumems whatever. Thcfe merchan
dizes which follow, shall not be reckoned a
mongst contraband or prohibited goods : that
rs to fay, all forts of cloths, and all other inami
faftttres, woven of any wool, flax, (ilk, cotton
or any other material whatever, all kinds of
wearing apparel, together with all spices, where
of they are used to be made ; gold and lilver.
as weil coined as uncoined, tin, iron, lantern,
brass, copper, coals; as also wheat, barely and
oats, and any other kind of corn and pulse;
tobacco and likewise all manner of lpiccs, (alt
ed and f.neaked fle(h, faltcd fi'.h, cheese and
butter, beer, oils, wines, fug. r, and all forts of
silt : and in general all provisions which serve
for the fiiftenance of life ; furthermore, all
kinds of cotton, hemp, flax, tar, pitch, rpe S ,
cables, fails, (ail cloths, anchors, or any part of
anchors, also (Trip masts, planks and wood ol
all kind, and all things proper either for build
ing or repairing ships, and all other good,
whatever, which have not been work 'd’ into
the form of an instrument, prepared for war
iiy land or by fen, shall not be reputed contra
.band. much less such as have been already
wrought and made up for any other use ; all
“which shall be wholly reckoned amongst free
amdthings which are not comprehended, and
particularly mentioned in the foregoing enu
meration of contraband goods ; so that° the
*nay be transported and earned in the fr*e
manner by the fubjeft* of both parties, even
to places belonging to an cnemy> lu(:h towns
r places being only accepted, as are at that
*ime befirged, blocked up or inverted. And
except the cases m which any sh ip of war, or
iquacirou lhall, in confrtjurnee of Rormor oth*r
accidents at fca, be under the necessity of tak
ing the cargo of any trading vessel or vefTels
in whichcale they may flop the said vessel or
vcirels, and furnifh themselves with necessaries
giving a receipt, in order that the power to
v horn the faixi ihip ot war belongs, may pay
ior the article so taken, according to the price
thereof at the port to which they may appear
to have been/deftined by the (hip’s paper* ■
and the two contraAmg parties engage that the
velfcls shall not be deiain-d longer than m av
re absolutely necessary for their’ hid ships to
lupply thamfelves with nccelhries: that ih-y
will immediately pay the value of the receipts
and indemnify the proprietor for all losses
-winch he may have fuftamed in consequence
oi such tranfaftion.
Art. XVII. To the end that *ll niamner of
dillentions and quarrels may he avoided and
prevented on the one fide and on the other, it
is agreed, that in case of either of the parties
ti.TCto should be engaged m a war, the ships
and velie s belonging to the fubjefts or people
the other party, mud be furnifhed with sea
letters of pallporti, exprefllug the name, pro-**
perty and bulk of the Ihip, as also the name
and place of habitation ot the matter or coin
inanaer of the said Ihip, that it may appear
thereby, that the flop really and truly belongs
to the fub,eft. of one of the parties, which
passport (hall be made out and granted accord
ing to the form annexed to this treaty. They
lhall likewise be recalled every year, that is
if the ship happens to return home within the
(pace of a year.
It is likewise agreed, that such ships being
laden, are to be provided not only with paib
ports as above-mentioned, but alio with cer
tificates, containing the fcvaral particulars of
* c*g„, the place whence the (hip failed,
V iat *° 11 ma y bc known whether any forbid
den or contraband goods be on board the lame ;
lhall be madc ° nt tv o\~
fv'V °m he L U f ce ’ ‘ vheilce ‘he flop (ailed, in
it fit oi ad? fe 3nd * f an y onc> fliall think
Scates the r? ? bk l ° ex P rcfs 1,1 t!lf hud certi
feelon ’he m.?d t O r Wh ° ,n oods ” hoard
r„T I „r. h , ich **.
the othor navtv aid r'/'iV 0 *
the competent ? h >
above set forth, that all’ th??irn Wbit *1
* ** vin S hocawcU ewmffied^they
Columbian jHufcum, &c.
shall be adjudged to be legal prizes, mffefsthcy
shall give legal fatislactiort of their property
by tcllimony entirely equivalent.
Art. XVIII. If the ships ot the said fub
je£ts, people, or inhabitants of either of the par
ties lhall he met with failing along the coasts
or on the high fcas by any (hips ot war of the
other, or by any privateer, the laid ship of war
or privateer, for avoiding any disorder, (hall
remain out of cannon (hot, and may (end their
boats on board the merchant ship which they
(hall so meet with, and may enter her to the
number of two or three men only, to who n
the inafter or commander of such Ihipor veil'd,
(hall exhibit his palfports concerning the pro
perty of the (hip made out according to the
form infertrd in this prelent treaty, and the
(hip when flic lhall have shewn lucli pailport
lhall (m fiee and at liberty to purfue.her voyage,
so as it (hall not be lawlul to moled or give
her chace in any manner, or force her to quit
her intended course.
Art. XIX. Consuls shall be reciprocally
eftahlifhed with the privileges and power which
those of the mail favoured nations enjoy in the
ports where -their consuls rcfule, or are per
mitted to be.
Art. XX. It is also agreed that the inhabi
tants of the territories of each party lhall ref
peftively have lreeaccels toihe courts of juflice
of the other, and they (hall be permitted to
prosecute iui'.s for the recov ry oi their prop
erty, the payment ot thur dents, and for ob
taining iatisfaefion for th° damages which they
may have Curtained, whether the per Tons whom
they may sue be (übjeefs or citizens of the
country in which th y tiny be found, or any
rtthcr persons whatever who may have taken
refuge therein; and the proceedings and frn
tenecs of the (aid courts (hall be the fame as if
the contending pardes had (übjefcds or
citizens ol the said country. >
Art. XXI. In order to terminate all difFef
ences on account of thf losses sustained by the
citizens of the United States, in consequence of
their vcffcls and cargoes having been taken by
the fuhjedls of his Catholic Majesty during the
late war between Spain and France, it is agreed
that all such cases (hall be referred to the final
de< ifion of coinmiffioners to be appointed in
the following manner. His Catholic Majesty
(hall appoint one commii&oner, and the Prdi
dent of tht United States, by and with the ad
vice and confcnt of the Senate, shall appoint
another, and the said two commissioners (had
agree on the choice of third, or if they cannot
agree so, they (hall each propose one p-rfon,
and of the two names so proposed, one (halt he
drawn by lot in the pretence of the two ori
ginal commissioners ; and the perldn whole
name shall be drawn (hall be the third cotn
miflioner ; and the three .commissioners lo ap
pointed (hall be sworn impartially to examine
add dccidj the claims in question according to
the merit of the several cases, and to juittcc, c
ijuitv, and the laws of nations. Tli* said com
missioners lhall rn-et and lit at Philadelphia,
and in case of the death, iicknet's, or ncceiLr*
ablience of any Inch cotnmtHioner, his p.a. -
(hall be supplied in the iam- manner as he ,v.is
(irft appointed, and the new commifl'ioner lhall
fake the fame oaths, and and ) tire fame duties,
l'iiey lhall receive all complaints and applica
tions, authoriled by this article during : a
months from the day on which they (hall aif.m.
hie. They lhall have power o> examiu ah
bach persons as come before thf in on oath ov
affirmation touching the complaints in quelliqu,
and also to receive in evidence all written terti
nrony authenticated in such a manner as they
(hall think proper to require or admit. 1':.;;
award oi the (aid comtnrTiniers, or any- t'tvo
of them, (had be final and jfoaclufive, both as
n the jukice of the claim and the amount ot
he sum to be paid to the claimants; and hts
Catholic Majesty undertaker to cause the fame
m be paid in ipecie, witiiout dedufficn, at
inch time and places, and under such conditions
is ftiall be awarded by the fame commissioners.
Art. XXI f. rhs two high contrasting par
•ies hoping that the good correiponderr ° and
riendihip which happily reign* between them,
will be further rncrealed by ,hia treaty, and
-hat it will contribute to augment their prol'pe
rity and opulence, will in future give,to their
mutual cointn rce all the exientioti and favor
which the advantages of both countries may re
quire.
And in consequence of the stipulations con
iained in the foufth article, his Catholic Ma
,efty will permit the citizens of the United
States for th > space of three years from this time
vO deposit their merchandizes and effefts in
i he port of New-Orleahs, and to export them
bom thence without paying any other duty
t han a fair price for the We of the stores, and
his Majesty promifei either to continue t his pet
mitiion it he finds during that time that it is
mt prejudicial to the interest off Spain, or if he
fltould not agree to continue, he will aiiign to
them on another part of th- hanks of the
fiippi an equivalent eflablifhmeat.
Art. XXIII. The prel'cnt treaty (hail not
he in lovce until ratified by the contracting par
tis, and the ratifications shall be exchanged in
ux months from this tune, or sooner if poifi
ble.
In witness whereof wr the underwritten
Plenipotentiaries of his Catholic Majesty and
ot the United States of America, have fumed
this present treaty of fr.emHh.p, limits, and
navigation, and have thereunto affixed ourfeals
retpettively.
Done at San Lorenzo e t Real this seven
and twentieth day of Oft-iber r>or
THOMAS PI.VCKNEY (L )
PRINCE DE LA PAZ, \t
Jfftjrrai ilcginatftre*
l( O C S E of IKPRESE N T A T I V E 5
M Tit flay, May 4.
R. Goodhue made a report on the
petitions ot certain cuitom houle
oliicen, recommending that they thouid
iic over till toe next fclfion. Agreed to.
Mr. Nicholas, chairman ot the com
mittee, appointed to conter with a com
mittee from the Senate, with refped to
the bafmel's which remained necetlary
to be tinilhed before the felfion ended,
and when it would be proper to adjourn
the tam, repotted it as the recwiimen-
dation of that committee, that the fef
fionfhould be adjourned on the 20th of
the present month. He alio reported
a lift of buftnefs which was entitled to a
preference.
The house refolred itfelf into a com
mittee of the whole on the icport of trie
committee on the subject of polt ofticcs
and post roads, which, having gone
through, and made several amendments,
the house took up the confide rat ion of
them, and the report was referred to a
fe!ect committee to bring in a bill or
biiis.
The house resolved it felf into a com
mittee of the whole, upon the report of
the committee to whom was referred the
meflage of thr. It rdident, refpefting the
forming of the territory South of the
river Ohio, into anew llatc by the name
of the Teneffee, and several documents
relating thereto having been read, the
committee rofeand had reave to fit again.
A meftage was received tromthc .sen
ate, informing the house that the Senate
had agreed to several biiis for carrying
mto eifeCl the four treaties lately con
duced. Two trifling amendments were
made in that for carrying into efred the
treaty with Spain, which were taken up
and agreed to.
Tuesday , May 10.
Mr. S. Smith, wiihed t :e house to
take up the reoflution which lie had laid
upon the table on Saturday, relative to
the falc of prizes in the ports of t.x
United States. It was accordingly ta
ken up. Mr. Smith said, his intention
in bringing forward this refoitition, was
to put all nations upon the fame footing
with respect to felling prizes in then
ports. By *ur treaty with .Great-Bri
tain, he laid, prizes taken from that
power by the French, were prohibited
from being foid in our ports ; and in
our treaty with France, a limilar ttip
ulation was made with refpeft to French
veheis taken by the Englifti ; but in
case a war should take place between
Great-Britain and Spain, there was at
preient no regulation to prevent Great
fSritain from bringing Spanilh prizes in
to ukf ports. By me iaw which he
proposed, he meant to deny the privi
lege of idling prizes in our ports to all
ha dons as the belt way of. fleering clear
v.'i difence to any, and thereby prelerve
our neutrality inviolate. After iome
■ittlc oppofttion, on tire ground of its
being a measure not at present called for,
but might be entered in to when such a
war at. was anticipated ihoa Id take place;
mat it vat. giving an advantage without
reciprocity ; aiftithat the French hav
ing Lereioiore had the privilege of fei
hng; the prizes in .-ur ports, the itoppage
°t that privilege nognt give offence to
them—it paned by a large majority, and
a commutes was appointed to bring in
a bill*
PARIS, 4 Germinal, (March 24.)
A public misfortune is announced : it
appears, alas! to be toe true. Piche
gru has lent in hit xoflgnaTion of the
command of the army oi the Rhine and
the Mozelie. And this refignat-on was
accepted on the 24th Ventoie, ((March
f 4) by the directory! Each - of tl.efe
lads is equally nftonilhing.
has not without the moft powerful mo
tives, abandoned his poll at the moment
when what was said with truth of Tu
renne, might also, without flattery, be
applied to nim: that his r put at: on n.vas
worth an army. Pichegru theielore
owes to France the development or the
causes which have obliged him to retire.
II this retreat was not forced, it was
dastardly, and the effect of weakness. A
General who has attained such a degree
ol glory and conftderation does not be
long to himlclf; he belongs to the Re
public, which requires from him new
triumphs.
Fnvy, mediocrity, jealousy, and the
jacobinifm which detests Pichegru, will
repeat, tiiat vitftory does not depend on
a iingle man j I hope so. But history
teaches me that it may be dangerous to
put it to the trial. It is not proved
tfiat without Viliars, France would have
been saved at Donam; norat Fontenai
without the Marchal de baxe.
I know the prodigies achieved by the
enthuflafm and bra\ery oi our foldicrs;
but 1 klfo know what can be effected by
the name ot a general chcuihcd by his
troops, dreaded by the enemy, esteemed
by his rivals, and so oiten crowned with
victory. 1 know that we felicitate our
fclves on the Court intrigue that occa
(ioned the difniifal of Clairfayt, which
a.fo was called a resignation. .1 know
that the retirement of Pichegru will be
‘a subject of joy and hope to our moft
cruel enemies at London and Vienna. I
know that Germany blames the Empe
ror lor having accepted the refi gnat ion
ofCiairfayt, France will also blame
the directory for having accepted th-if
of Pichegru, unless it shall appear to
have been deter mined by the moft dici.
five reafon*. The dirctftory, and more
especially Carnot, in whole hands the
war department is particularly veiled
ought to know that if, alter the retreat
of Pichegru, any milcarriages (hould
happen, the whole of the relponftbility
will lie on the government; it will un
queitionably in such a case be said
Why was this resignation accepted or
called for ? —Perlet.
7 Germinal—March 27.
It was very well for Dupiantecr, in
his speech on the liberty of the press, to
affirm, that the revolution was linilhed
iincc we had a government organized, a
constitution accepted, and a Dire&ory
eitablilhed on the principles of Republi
canism. It is yet but the dream of a
Well meaning man.
If the Revolution were indeed fiirifli
ed, would there ilili exist a fyitem of con
spiracy, as admirably planned, and a*
coolly prosecuted, as if Biliaud Varenr.es
was the Dire<ftor,and Fouquier ‘l'inville
the Agent ? Would the prif#ns be
emuded with unfortunate men, who
nave for three months in vain demanded
1 trial ? Would the pro-consuls, Rever
chon and Freron, have extended and
prolonged those arbitrary powers, which
they derived not from the constitution ?
Would they continue, in the present
lay, to set at defiance every choice made
>y the people, under pretext of a law
condemned by the constitution ? Would
t be permitted to fufper.d the powers of
a repiefentative of the people without
even a hearing ? Would they, in the
boforn of the iegiflature itfelf, propose
penal laws, and those sometimes capital,
for the punishment of temporary delin
quency ? Would they with so much
levity multiply those laws, and thus de
grade the gravity of legiflativeproceed
ings ? Should we hear men, stained with
the blood of recent daughter, and cov
ered with the trophies of pillage, de
claiming on the advantages of perfe'ft
equality, and the neceflity ci'a complete
division of land i Would they so farcti
monioufiy preserve all the dements of
revolutionary committees, revolutiona
ry armies, revolutionary tribunes, all
the modes of revolutionary exprelflon,
&c ? Would they with so much cor
diality bring forward the law relative
to fufoe&ed persons in 1793, that law
io revolutionary, that the author himfelf
could not, in ‘95 And any engine better
adopted to rekindle revolution ? It can
not but be perceived that the jroyaiuta
and the chouans are ready to Ueltroy th©
works wbicn we have eroded, and per
fcctly difpoied to hang all the patriot*
of ’B9. It mult alio be perceived, that
the patriots of ‘B9 arc in readiness to
ruth upon the ruyalifls and chouans,
like tigers upon their prey. Mali re
in the foutjh ! Murder in la Vendee 1
Philiage in Normandy ! Calumny ac
Paris! Are we not ilili in a date oi re
volution ?—Bulletin Politique.
LONDON, March 29.
~ Thc ew Stitch Colours.—Thefe
a;ffir from the old, in having a white
jack in the centre of the red flag, on
which is depitled a virgin seated on a
green bank, holding in one hand a lance
surmounted by the Cap oi Liberfv, and
reiting ihc other on a falcis of arrhws.
At her fide is a Lion, who also grasps
titc lance, and turns his head around with
an air oi menace !
March 30.
Orders have been lent to Cork, to
contrad for 10,000 tons of prtrviftons,
including flour,peas, oatmeal, &c. to be
(hipped from that port, in the course of
the ieafon, for Gibralter to vidual the
garrison ; which is to receive fufficient
Supplies oi every kind in the course ojf
the summer.
April 1.
We have received the Paris papers of
the 26th, 27th, and 28th ult.
The papers irom the 22d to the a6th
are wanting. The former contain intel
ligence ot much importance.
Charette has at length been taken and
ftiot. Entirely defeated by the Repub
lican army—lns troops dispersed and in
capable of being collected agaiu and ral
lied—himfeif cioleiy purfued—Cliarre.t
teaflumed the dress ct a peasant, with a
hope cf eluding the ftridfearch tha<- vaa
making after him. He wande’t or
fome time among the fielusU ,a -d
was at length diicovered r< ’ ccd by
the republican pat role. irengtli
being at last ex ha u fled, hr - ( k upon the
ground, and was taken two grena
diers,’ who carried him v- their (boul
ders to the next p< . f n whence he
was conveved to •. M Anzer*
he was tried and ‘meed to be (hot.
The sentence wa* . .‘aagdiatciy cax.Ld
into execution.
No. 26.