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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.