Abbildungen der Seite
PDF
EPUB

mander, shall be jointly and severally bound the other, on complaints of injuries or damain the sum of fifteen hundred pounds sterling; ges, until the said party shall first have preor, if such ship be provided with above one sented to the other à statement thereof, verihundred and fifty seamen or soldiers, in the fied by competent proof and evidence, and desum of three thousand pounds sterling, to manded justice and satisfaction, and the same satisfy all damages and injuries, which the shall either have been refused or unreasonasaid privateer, or officers or men, or any of bly delayed. them, may do or commit, during their cruize,

Art. 23. The ships of war of each of the · contrary to the tenor of this treaty, or to the contracting parties shall, at all times, be hosJaws and instructions for regulating their con- pitably received in the ports of the other, their duct; and further, that in all cases of aggres- officers and crews paying due respect to the sions the said commissions shall be revoked laws and goveroment of the country. The and annulled. It is also agreed, that when- officers shall be treated with that respect ever a judge of a court of admiralty of either which is due to the commissions which they of the parties shall pronounce sentence against bear; and if any insult should be offered to any vessel, or goods or property belonging to them by any of the inhabitants, all offenders the subjects or citizens of the other party, a in this respect shall be punished as disturbers formal and duly authenticated copy of all the of the peace and amity between the two counproceedings in the cause, and of the said sen- tries. And his majesty consents, that in case tence, shall, if required, be delivered to the an American vessel should, by stress of weacommander of the said vessel without the ther, danger from enemies, or other misforsmallest delay, he paying all legal fees and tunes, be reduced to the necessity of seeking demands for the same.

shelter in any of his majesty's ports, into ART. 20. It is farther agreed, that both the which such vessel could not in ordinary cases said contracting parties shall not only refuse claim to be admitted, she shall, on manifest to receive any pirates into any of their ports, ing that necessity to the satisfaction of the gohavens, or towns, or permit any of their in- vernment of the place, be hospitably received, habitants to receive protect, harbour, conceal, and permitted to refit, and to purchase at the or assist them in any manner, but will bring market price such necessaries as she may to condign purishment all such inhabi- stand in need of, conformably to such orders tants as shall be guilty of such acts or of and regulations as the government of the fences. And all their ships, with the goods place, having respect to circumstances of each or merchandizes taken by them, and brought case, shall prescribe. She shall not be allowed into the port of either of the said parties, shall to break bulk or unload her cargo, unless the be seized as far as they can be discovered, and same shall be bona fide necessary to her being shall be restored to the owners, or the factors refitted ; nor shall she be permitted to sell any or agents duly deputed and authorized in wri- part of her cargo, unless so much only as muy ting by them (proper evidence being shown in be necessary to defray her expenses, and then the court of admiralty for proving the pro- not without the express permission of the goperty) even in case such effects should have vernment of the place; nor shall she be passed into other hands by sale, if it be proved obliged to pay any duties whatever, except that the buyers knew, or had good reason to only on such articles as she inay be permitted believe or suspect that they had been pirati- to sell for the purpose aforesaid. cally taken.

ART. 24. It shall not be lawful for any foART. 21. It is likewise agreed, that the sub- reign privateers (not being subjects or citizens jects and citizens of the two nations shall not of either of the said parties) who have comdo any acts of hostility or violence against missions from any other prince or state in each other, nor accept commissions or instruc- enmity with either nation, to arm their ships tions so to act from any foreign prince or state, in the ports of either of the said parties, nor to enemies to the other party ; nor shall the ene- sell what they have taken, nor in any other mies of one of the paties be permitted to in- manner to exchange the saine; uor shall they vite, or endeavour to enlist in the military ser- be allowed to purchase more provisions than vice any of the subjects or citizens of the other shall be necessary for their going to the nearparty; and the laws against all such offences est port of that prince or state from whom and aggressions shall be punctually executed. they obtained their commissions. And it any subject or citizen of the said par- ART. 25. It shall be lawful for the ships of ties respectively shall accept any foreign com- war and privateers, belonging to the said parmission, or letters of marque, for arming any ties respectively, to carry whithersoever they vessel to act as a privateer against the other please ihe ships and goods taken from their party, and be taken by the other party, it is enemies, without being obliged to pay any hereby declared to be lawful for the said party fee to the offices of the admiralty, or to any to treat and punish the said subject or citizen, judges whatever; nor shall the said prizes, having such commission or letters of marque, when they arrive at and enter the ports of the as a pkate.

said parties, be detained or seized; neither ART. 22. It is expressly stipulated that shall the searchers or other officers of those neither of the said contracting parties will or places visit such prizes (except for the purpose der or authorize any acts of reprisal against of preventing the carrying of any part of thc

cargo thereofon shore, in any manner contrary . ART. 27. It is farther agreed, that his M&e
to the established laws of revenue, navigation, jesty and the United States, on mutual requis
or commerce) nor shall such officers take sitions by them respectively, or by their re-
cognizance of the validity of such prizes ; but spective ministers, or officers authorized to
they shall be at liberty to hoist sail, and de- make the same, will deliver up to justice all
part-as speedily as may be, and carry their persons, who being charged with murder or.
said prizes to the place mentioned in their forgery, committed within the jurisdiction of
commissions or patents, which the comman-y either, shall seek an asylum within any of the
ders of the said ships of war or privateers countries of the other, provided that this shall
shall he obliged to show. No shelter or re- ' only be done on such evidence of criminality,
fuge shall be given in their ports to such as as, according to the laws of the place where
have made a prize upon the subjects or citizens the fugitive or person so charged shall be
of either of the said parties ; but if forced, by found, would justify his apprehension and
stress of' weather, or the dangers of the sea, commitment for trial, if the offence had there
to enter therein, particular care shall be taken been committed. The expense of such ap-
to hasten their departure, and to cause them 'prehension and delivery shall be borne and
to retire as soon as possible. Nothing in this defrayed by those who make the requisition
treaty container!, shall, however, be construed and receive the fugitive.
to operate contrary to the former and existing ART. 28. It is agreed that the first ten ar-
public treaties with other sovereigns or states. I ticles of this treaty shall be permanent, and
But the two parties agree, that while they con- that the subsequent articles, except the 12th,
tinue in amily, neither of them will in future shall be limited in their duration to twelve
make any treaty that shall be inconsistent years, to be computed from the day on which
with this or the preceding article. Neither of the ratifications of this treaty shall be ex-
the said parties shall permit the ships or goods changed, but subject to this condition : that
belonging to the subjects or citizens of the whereas the said 12th article will expire, by
other to be taken within cannon shot of the the limitation therein contained, at the end
coast, nor in any of the bays, ports, or rivers of two years from the signing the preliminary
of their territories, by ships of war, or others or other articles of peace which shall termi-
having commission from any prince, republic, nate the present war in which his majesty is
or state whatever. But in case it should so engaged; it is agreed, that proper measures
happen, the party whose territorial rights shall shall by concert be taken for bringing the
thus have been violated, shall use his utmost subject of that article into amicable Treaty
endeavours to obtain from the offending party and discussion, so carly before the expiration
full and ample satisfaction for the vessel or of the said term, as that new arrangements
vessels so taken, whether the same be ves- on that head may by that time be perfected,
sels of war or merchant vessels.

and ready to take place. But if it should un-
ART. 26. If at any time a rupture should fortunately happen, that his Majesty and the
take place (which God forbid) between his United States should not be able to agree on
Majesty and the United States, the merchants such new arrangements, in that case all the
and others of each of the two nations residing articles of this treaty, except the first ten,
in the dominions of the other, shall have the shall then cease and expire together.
privilege of remaining and continuing their Lastly, This treaty, when the same shall
trade so long as they behave peaceably, and have been ratified by his majesty, and by the
.commit no offence against the laws; and in president of the United Siates, by and with
case their conduct should render them sus- the advice and consent of their senate, and
pected, and the respective governments the respective ratifications mutually exchang-
should think proper to order them to remove, ed, shall be binding and obligatory to his ma-
the term of twelve months, from the publi- jesty, and on the said states, and shall be by
cation of the order, shall be allowed them for them respectively executed and observed with
that purpose, to remove with their families, punctuality, and the most sincere regard to
effects and property; but this favour shall good faith. And whereas it will be expedient,
not be extended to those who shall act con- in order the better to facilitate intercourse and
trary to the established laws; and for greater obviate difficulties, that other articles be pro-
certainty it is declared, that such rupture shall posed and added to this treaty, which articles,
not be deemed to exist wbile negociations for from want of time and other circumstances,
accommodating differences shall be depend cannot now be perfected, it is agreed, that the
'ing, nor until the respective ambassadors or said parties will, from time to time, readily
ministers, if such there shall be, shall be re. treat of and concerning such articles, and will
called or sent home on account of such dif- sincerely endeavour so to form them, as that
ferences, and not on account of personal mis- they may conduce to mutual convenience,
conduct, according to the nature and degrees and tend to promule mutual satisfaction and
of which buth parties retain their rights, friendship; and that the said articles, after
either to request the recall, or iasmediately to having been duly ratified, shall be added to,
send home ihe ambassador or minister of the and make a part of this treaty:- In faith
other; and that without prejudice to their whereof, we, the undersigned ministers pleni-
mutual friendship and goud understanding. potentiary of his majesty the king of Great

[ocr errors]

Britain and the United States of America, , within their posts; though they will of course have signed this present treaty, and have take measures to be informed of them, and caused to be affixed thereto the seal of our the general government has given them the arms. Done at London, this 19th day of aid of the Custom-house officers for this

purNovember, 1794.

pose, yet you will be sensible of the imporGRENVILLE, (L.S) tance of multiplying the channels of their inJOHN JAY. (L. S.) formation, as far as shall depend on yourself,

or any person under your direction, in order Sir; Philadelphia, Sept. 5, 1793. that the governors may use the means in I am honoured with your's of August 30th. their power for making restitution. Without Mine of the 7th of that month assured you, knowledge of the capture they cannot restore that measures were taking for excluding from it. It would always be best to give the noall farther asylum in our ports vessels armed tice to them directly; but any information in them to cruize on nations with which we which you shall be pleased to send to me also are at peace, and for the restoration of the at any time shall be forwarded to them as prizes, the Lovely Lass, Prince William Henry, quickly as distance will permit. Hence you and the Jane, of Dublin; and that should the will perceive, sir, that the president contemmeasures for restitution fail in their effect, plates restitution or compensation in the cases the president considered it as incumbent on before the 7th of August; and after that date, the United States to make compensation for restitution, if it can be effected, by any means the vessels. We are bound by our treaties in our power : and that it will be important with three of the belligerent nations, by all that you should substantiate the fact, that such the means in our power, to protect and de. prizes are in our ports or waters. Your list fend their vessels and effects in our ports or of the privateers illicitly armed in our ports, waters, or on the seas near our shores, and to is, I believe, correct. With respect to losses recover and restore the same to the right by detention, waste, or spoliation, sustained owners when taken from them. If all the by vessels taken as before-mentioned, between means in our power are used, and fail in their the dates of June 5th and August 7th, it is effect, we are not bound by our treaties with proposed, as a provisional measure, that the those nations to make compensation -- j collector of the customs of the district, and Though we have no similar treaty with Great the British consul, or any other person you Britain, it was the opinion of the president, please, shall appoint persons to establish the that we should use towards that nation the value of the vessel and cargo at the time of same rule, which, under this article, was to her capture, and of her arrival in the port into govern us with the other nations; and even which she is brought, according to their value to extend it to captures made on the high in that port. If this shall be agreeable to seas, and brought into our ports, if done by you, and you will be pleased to signify it to vessels which had been armed within them. me, with the names of the prizes understood Having, for particular reasons, forbore to use to be of this description, instructions will be all the means in our power for the restitution given accordingly to the collectors of the cusof the three vessels mentioned in my letter toms where the respective vessels are. I have of August 7th, the president thought it in the honour to be, &c. cumbent on the United States to make com.

(Signer) THOMAS JEFFERSON. pensation for them. And though nothing was said in that letter of other vessels taken ADDITIONAL ARTICLE.-It is farther agreed under like circumstances, and brought in after between the said contracting parties, that the the 5th of June, and before the date of that operation of so much of the 12th article of the letter, yet, when the same forbearance had said treaty as respects the trade which his taken place, it was and is his opinion, that said majesty thereby consents may be carried compensation would be equally due.-As to

on between the United States and his islands prizes made under the same circumstances, in the West Indies, in the manner and on the and brought in after the date of that letter, terms and conditions therein specified, shall the president determined, that all the means be suspended.---We therefore, by virtue of in our power should be used for their restitu- these presents, do approve and ratify the said tion. If these fail, as we should not be bound treaty, together with the said additional arby our treaties to make compensation to the ticle, as the same are respectively set forth in other powers in the analogous case, he did this instrument of ratification; promising and pot mean to give an opinion that it ought to engaging our royal word, that we will faithLe done to Great Britain. But still, if any fully and religiously perform all and singular case shall arise subsequent to that date, the the things agreed upon in this treaty, and that circumstances of which shall place them on we will not suffer the same to be violated by similar ground with those before it, the pre

any one, as far as lies in our power. For the sident would think compensation equally in greater testimony and validity whereof, we cumbent on the United States.--Instructions have caused our great seal to be afixed to are given to the governors of the different these presents, which we have signed with -states, to use all the means in their power for our royal hand. restoring prizes of this last description found Given at our court at St. James's, the 28th

day of October, 1795, in the 36th year | stitute. A considerable quantity of the of our reign.

G. R.

flour of wheat was employed in the mak: [Here follows the Ratification of General ing of starch. This, he apprehended, Washington, president of the United States, might be prevented in a better way than dated Philadelphia, 14th of August, 1795.] by prohibiting the making of starch.

Articles not applicable to the food of man Debate in the Commons on the High } might be used in the making of starch: Price of Corn.] Nov. 3. The House have and thus a considerable reduction might ing resolved itself into a Committee to be made in the consumption of wheat by consider on the High Price of Corn, this article. He also proposed to move

Mr. Pitt said, that what he had chiefly for leave to bring in a bill to prevent obin view at present was, to lay the founda- struction in the transit of grain and other tion of a permanent inquiry into a matter provisions within the kingdom. This, he of much pressing importance. As a pre- trusted, would contribute, in a great devious step, he should propose the ap- gree, to the relief of the distress. These pointment of a committee to inquire into were the principal measures which, in the present High Price of Corn. The mea- this stage of their proceeding, he thought sure which was to be proceeded in, upon it necessary to state. It might be asked, this occasion, would, he hoped, be faci- why he did not bring forward a bill to litated by the steps which government prevent the working of distilleries? He had already taken; at the same time, did not mean to deny that some advan. much would remain for the House itself tages would be derived from stopping the to determine. Whatever remedy should distilleries : but it should be recollected, be applieil, care should be taken not to that they were already stopped until Fe. injure our commerce, manufactures, or bruary, and, perhaps, that might give agriculture. He would, first of all, pro- full time for inquiry. The first thing pose some alteration in the law upon the was, to ascertain whether bread of a subject; and, under the head of regula- | mixed quality might not be usefully in. tion, meant to bring in a bill for amend troduced into general consu

osumption ; wheing the law relative to the assize of bread. ther rye, barley, oats, and potatoes, The necessity of this alteration was chiefly might not beconie greatly serviceable for impressed upon his mind by the frequent that purpose; and, those considerations communications to government from the determined, it would be time enough to chief magistrate of the city of London.- examine the propriety of stopping 50 Another circumstance respecting bread, great a source of revenue as the distil. was extremely material to be considered, leries. Mr. Pitt then moved, “ That a senamely, a regard to that which was made lect Committee be appointed to take into of wheat of the first quality. As the law consideration the present High Price of stood, the farmer had an interest in pre- Corn, and to collect evidence relative venting its coming into consumption. This thereto; and to report the same to the he should propose to remedy. A third con- House." sideration appeared to hins of still greater Mr. Lechmere said, that the House importance." He trusted there would not could come to no effectual remedy for the be found any great inconvenience in iniro. evil, unless the causes of that evil were ducing into general consumption not only first ascertained. We had perhaps had bread made of wheat, but that which was as plentiful an harvest as the Great Aumixed with other grain, in which, he was thor of all Blessings ever gave us ; the happy to learn, the harvest had been poor wan, nevertheless, who ploughed the most abundant. Possibly, also, it might earth which produced that plenty, was be made of lodian corn, a mode of re- starving, or driven to very great distress medy, which, he had reason to believe, indeed, and entirely unable to support his might be successfully applied. From re family. One of the great causes of the peated experiments, he was enabled to present distress, he took to be the monostate, that mixed bread of this and other poly of farms. The great farmer was kinds might be as wbolesome, and as enabled to raise an enormous quantity of palatable, as any we had been accustomed

corn. By his opulence he had it in his to eat; and therefore, without inconve- power to withhold corn from the public nience, it might be brought into general market, while the little farmer was comconsumption. The law, he should have pelled to sell it, be the market price what to propose, would include this useful sub- it might. It was notorious, that there were now farms occupied by one man which , proper. He could not, however, help formerly supported twelve or fourteen in- fearing that the regulation proposed was dụstrious families. He did not know that not a regulation from which the distressed the House could remedy that crying were likely to derive immediate benefit ; evil; but, if they could put a stop to the because every regulation respecting bread, future progress of it, they would do away a demanded that it should be taken up and very great mischief. Some of these farmers founded on the most correct of all princi. had long leases, with which the legislature ples : consequently, the discussion of the could not perhaps interfere. The next subject would take up much time. Whegreat evil which he knew of was jobbing ther any fault was imputable to the farmer, in corn. The jobbers in corn and horned he did not know; but, as far as he had heard, cattle, were instruments of great oppres- although it was never higher than at presion to the people. He spoke not of the sent, yet, according to the price of corn corn dealer, for there was as much differ- and meal, bread had not been higher than ence between him and a corn-jobber, as the proportion between meal and bread there was between a man who lends his required it should be ; therefore, he was money at 5 per cent. and an usurer. In afraid we were not likely to find an immeorder to prevent petty-fogging corn-deal- diate remedy for the evil by this regulaers doing more mischief, he would pro- tion in the assize of bread.—The right pose that no man should be permitted to hon. gentleman had spoken of palatable deal in that article without taking out a and wholesome bread being to be made licence at a high price. In the part of out of a mixture of different articles with the country he came from, the practice wheat. He had no doubt but that this was, for the farmer to come to market mixture, when it came into general conwith a small sample in a little bag. The sumption, would be advantageous in times corn-dealer says,

“ If your corn is all like of scarcity; but when gentlemen talked this, I will buy it." The consequence of palatable and wholesome bread, they was, that if a man came to market for a should not talk of bread for themselves, little coin, he was told, the farmer had they should lay that out of their considesold the whole of it. He should there- ration. Bread of a mixture was, to him, fore propose that the farmer should bring as palatable, and, for aught he knew, as 10 market no less a sample than a bushel. wholesome, as that which was made of the If he was told, it was impossible to bring finest wheat; but that was not sufficient all the corn to market, he would answer, for the poor. It was to them an important -Let a proper number of granaries be thing that it should be nutritious, as well erected all over the kingdom, where corn as palatable and wholesome. He wished may be sold as at a market, and for a mar- the House to consider that point as it ket price; and where the poor man may really was. Suppose, for instance, a at least have his bushel for his money, as fourth part of this bread should be made well as the corn-dealer. The objection of potatoes, then that fourth of wheat which had been mude to this was, that would be saved in quantity ; but this was there would be a difficulty in having the not, to the poor, a saving of one-fourth, corn ground. To which he would an- because the quality of the bread was so swer, that a hand-mill would grind all the far inferior to that which was made whole corn which a poor man could purchase. ly of wheat, and consequently, so far an

Mr. For said, he did not rise to oppose abatement of nourishment, which must be the measure proposed by the minister that made up by other food. In looking to evening. On the contrary, he agreed the thing in this view, they ought to calwith him in most of the provisions which culate upon a very different principle from ke had stated. He thought many of them that of allowing a saving of one-fourth. not only good, but, perhaps, better than But there is another point, as to the naany others which could be offered upon ture of the scarcity, which deserves attenthe same topics. He rose chiefly to make tion. There are two sorts of scarcity, the some general observations, which appear- one arising from a defective produce, ed to him to belong to the nature of the and the other from an increased consumpproceeding about to be entered upon. tion; and it is extremely interesting to With respect to the assize of bread in ascertain which of these has the most inLondon, the authority whence the regula- Auence in producing the present scarcity. tion came, was of great weight, and, he If this scarcity, and the consequent high believed, that some regulation would be price, were confined merely to the article.

« ZurückWeiter »