Plan of Treaties

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Plan of Treaties gone through in Committee of the Whole, AUGUST 27, 1776, and recommitted, that Instructions may be drawn conformable thereto.

August 29, 1776.-The Committee further empowered to prepare such Instructions as to them shall seem proper, and make report thereof to Congress.

There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between A ˙ and B ˙, and the subjects of A ˙ and of B ˙, and between the countries, islands, cities, and towns, situate Under the jurisdiction of A ˙ and of B ˙, and the people and inhabitants thereof of every degree, without exception of persons or places; and the terms hereinafter mentioned shall be perpetual between A ˙ and B ˙

I. The subjects of A ˙ shall pay no other duties or imposts in the ports, havens, roads, countries, islands, cities, or towns of B ˙, than the natives thereof, or any commercial companies established therein shall pay, but shall enjoy all other the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same, from and to any part of the world, which the said natives or companies enjoy.

II. The subjects of B ˙ shall pay no other duties or imposts in the ports, havens, roads, countries, islands, cities, or towns of A ˙, than the natives thereof, or any commercial companies established therein; but shall enjoy all other the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same from and to any part of the world, which the said natives or companies enjoy.

III. A ˙ shall endeavour by all the means in his power, to protect and defend all vessels, and the effects belonging to the subjects and people of B ˙ being in his ports, havens, or roads, or on the seas near to his countries, islands, cities, or towns, and to recover and restore to the right owners, their agents, or attorneys, all such vessels and effects which shall be taken within his jurisdiction; and his ships of war or any convoys sailing under his authority, shall upon all occasions take under their protection all vessels belonging to the subjects or people of B ˙, and holding the same course, or going the same way, and shall defend such vessel so long as they hold the same course or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend vessels belonging to the subjects or people of A.

IV. In like manner B ˙ and his ships of war, and convoys sailing under his authority, shall protect and defend all vessels and effects belonging to the subjects or people of A ˙, and endeavour to recover and restore them, if taken in his jurisdiction.

V. A ˙ and B ˙ shall not receive nor suffer to be received into any of their ports, havens, roads, countries, islands, cities, or towns, any pirates or sea-robbers, or afford or suffer any entertainment, assistance, or provision to be afforded to them, but shall endeavour by all means that all pirates and sea-robbers and their partners, sharers, and abettors be found out, apprehended, and suffer condign punishment; and all the vessels and effects piratically taken and brought into the ports and havens of A ˙ or B ˙, which can be found, although they be sold, shall be restored, or satisfaction given therefor, to the right owners, their agents or attorneys demanding the same, and making the right of properly to appear by due proof.

VI. A ˙ shall protect, defend, and secure, as far as in his power, the subjects or people of B ˙, and their vessels and effects of every kind, against all attacks, assaults, violences, injuries, depredations, or plunderings by or from the King or Emperor of Morocco or Fez, and the States of Algiers, Tunis, and Tripoli, and any of them, and every other Prince, State, and Power on the coast of Barbary, in Africa, and the subjects of the said Kings, Emperors, &c˙, in as full a manner, &c.

VII. If, in consequence of this treaty, the __ of __ should declare war against A ˙, the said B ˙ shall not assist __ with men, money, ships, or any of the articles in this treaty denominated contraband

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VIII. In case of any war between A. And __, A ˙ shall never invade, nor attempt to invade, or get possession for himself of __, nor any of the countries, cities, or towns, on the continent of __, nor of the islands of __, nor any other island near to the said continent, in the seas, or in any gulf, bay, or river thereof, it being the true intent and meaning of this treaty, that the said B ˙ shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns, on the said continent, and of all islands near to it, whenever they be confederated or united with B.

That A ˙ be permitted to retain the same rights of fishery on the banks of Newfoundland, and all other rights relating to any the said islands, which he is entitled to by virtue of the treaty of Paris.

IX. Nor shall A ˙ at any time make any claim or demand to the said countries, islands, cities, and towns mentioned in the next preceding article, or any of them, or to any part thereof, for or on account of any assistance afforded to B ˙ in attacking or conquering the same, or in obtaining such submission or confederation as has been mentioned in the preceding articles, nor on any other account whatever.

X. If in any war A ˙ shall conquer or get possession of __, now under the jurisdiction of __, or any of them, or any dominions of __, in __, the subjects or people of B ˙ shall enjoy the same rights, liberties, privileges, immunities, and exemptions in trade, commerce, and navigation, to and from the said __, that are mentioned in the second article in this treaty.

XI. It is the true intent and meaning of this treaty, that no higher or other duties shall be imposed on the exportation to B ˙ of any thing of the growth, production, or manufacture of __, now belonging to, or which may hereafter belong to A ˙, than the lowest that are or shall be imposed on the exportation thereof to __, or to any other part of the world.

XII. It is agreed by and between the said parties, that no duties whatever more than __ shall ever hereafter be imposed on the exportation of __ from any of the islands and dominions of A ˙ to B.

XIII. The subjects or people of B ˙ being merchants and residing in __, and their property and effects, shall be exempt from

XIV. The merchant ship 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 the 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.

XV. If, by the exhibiting of the abovesaid certificates, the other party discover there are any of those sorts of goods 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 belong to the subjects or people of A ˙, or B ˙, 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 made 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 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,

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XVI. On the contrary it is agreed, that whatever shall be found to be laden by the subjects or people of either party, on any ship belonging to the enemy of the other, or to his subjects, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, 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 the 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 it without knowledge of it, shall nowise 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.

XVII. And that the more effectual care may be taken for the security of the subjects and people 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 A ˙ and of B ˙, and all their subjects and people, shall be forbid doing any injury or damage to the other side; and if they act to the contrary they shall be punished, and moreover shall be bound to make satisfaction for, all matter of damage and the interest thereof, by reparation, under the pain and obligation of their person and goods.

XVIII 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.

XIX. 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 where they come to and 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 place expressed in their commissions, which the commanders of such ships of war shall be obliged to show. On the contrary, no shelter or refuge shall be given in their ports to such as shall have made prizes of the subjects, people, or property of either parties; but if such should 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.

XX. If any ships belonging to either of the parties, their subjects or people, 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.

XXI. In case the subjects and people of either party, with their shipping, whether publick 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, creeks, bays, havens, roads, ports, or shores belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their ships and conveniency of their voyage; and they shall no ways be detained or hindered from returning

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XXII. 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. A ˙' s subjects shall not fish in the havens, bays, creeks, roads, coasts, or places which B ˙ holds, or shall hereafter hold; and, in the like manner, the subjects and people of B ˙ shall not fish in the havens, bays, creeks, roads, coasts, or places which A ˙ possesses, or shall hereafter possess; and if any ship or vessel shall be found fishing contrary to the tenour of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated.

XXIII. For the better promoting of commerce on both sides, it is agreed, that ifs war shall break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for settling and transporting their goods and merchandises; and if any thing be taken from them, or any injury be done them within that term by either party, or the people or subjects of either, full satisfaction shall be made for the same.

XXIV. No subjects of A ˙ shall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against B ˙, or the subjects or people of B ˙, or any of them, or the property of any of them, from any Prince or State with which B ˙ shall be at war; nor shall any citizen or subject of B ˙ apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects or people of A ˙, or any of them, or the property of any of them, from any Prince or State with which A˙ shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

XXV. It shall not be lawful for any foreign privateers not belonging to the subjects or people of A ˙ or of B ˙, who have commissions from any other Prince or State in enmity with either nation, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange either ships, merchandises, or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.

XXVI. It shall be lawful for all and singular the subjects and people of A ˙ and B ˙ to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon from any port to the places of those who now are, or hereafter shall be, at enmity with A ˙ or B ˙ It shall likewise be lawful for the subjects and people aforesaid to sail with the ships and merchandises aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy-aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several: and it is hereby stipulated that free ships shall also give a freedom to goods, and that every thing shall be deemed to be free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship with this effect, that, although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies.

XXVII. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under the name of contraband or prohibited goods shall be comprehended arms, great guns, bombs, with their

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XXVIII. To the end that all mariner of dissensions and quarrels may be avoided and prevented on one side and the other, it is agreed, that in case either of the parties hereto shall be engaged in war, the ships and vessels belonging to the subjects and people of the other ally must be furnished with sea letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty: they shall likewise be recalled every year, that is, if the ship happens to return home within the space of the year. It is likewise agreed, that such ships being laden are to be provided not only with passports as above mentioned, but also with certificates containing the several particulars of the cargo, the place whence the ship sailed and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board the same, which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates the person to whom the goods on board belong, they may freely do so.

XXIX. The ships of the subjects or people of either of the parties coming upon any coasts belonging to either of the said allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected, upon some manifest tokens, of carrying to the enemy of the other ally any prohibited goods called contraband; and in case of such manifest suspicion, the said subjects or people of either of the parties, shall be obliged to exhibit in the ports their passports and certificates, in the manner before specified.

XXX. If the ships of the said subjects or people of either of the parties, shall be met with either sailing along the coasts, or on the high seas, by any ship of war of the other, or by any privateers, the said ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon-shot, and may send their boats aboard the merchant ship which they shall so meet with, and may enter her to the number

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It is also agreed that all goods, when once put on board the ships or vessels of either party, shall be subject to no further visitation; but all visitation or search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective States; nor shall either the persons or goods of the subjects of His Most Christian Majesty, or the United States, be put under any arrest or molested by any other kind of embargo for that cause; and only the subjects of that State to whom the said goods have been or shall be prohibited, and shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.