Materials whatever; all kinds of Cloaths, and wearing Apparel, together with the Species whereof they are used to be made; Gold and Silver, as well coined as uncoined; Tin, Iron, Lead, Copper, Brass, Coals; as also Wheat and Barley, and any other kind of Corn and Pulse; Tobacco; and likewise all manner of Spices; salted and smoked Flesh, salted Fish, Cheese and Butter; Beer, Oils, Wines, Sugars, and all Sorts of Salt; and, in general, all Provisions which serve for the Nourishment of Mankind, and the Sustenance of Life: Furthermore, all kinds of Cotton, Hemp, Flax, Tar, Pitch, Ropes, Cables, Sails, Sail-cloth, Anchors, and any Parts of Anchors; also Ship-masts, Planks, Boards, and Beams, of what Trees soever; and all other things proper either for building or repairing Ships; and all other Goods whatever, which have not been worked into the Form of any Instrument, or Thing, prepared for War, by Land, or by Sea; shall not be reputed Contraband; much less such as have been already wrought, and made up, for any other Use; all which shall wholly be reckoned among free Goods; as likewise, all other Merchandizes and Things, which are not comprehended, and particularly mentioned, in the preceding Article; so that they may be transported, and carried, in the freest manner, by the Subjects of both Confederates, even to Places belonging to an Enemy; such Towns, or Places, being only exempted, as are at that time besieged, blocked up round about, or invested.

XXVII

On the contrary, it is agreed, That whatever shall be found to be laden by the Subjects and Inhabitants of either Party on any Ship belonging to the Enemy of the other, and his Subjects, the Whole, although it be of the Sort of prohibited Goods, may be confiscated, in the same manner as if it belonged to the Enemy himself; except those Goods and Merchandizes as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done within the Time and Limits following; that is to say, If they were put on board such Ship in any Port and Place, within the Space of Six Weeks after such Declaration, within the Bounds called the Naze, in Norway, and the Soundings; of Two Months, from the Soundings, to the City of Gibraltar; of Ten Weeks, in the Mediterranean Sea; and of Eight Months, in any other Country, or Place, in the World: So that the Goods of the Subjects of either Prince, 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 the same, within the Time and Limits abovesaid, shall noways 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 Merchandizes be contraband, it shall not be anyways lawful to carry them afterwards to the Port belonging to the Enemy.

5

Treaty of Amity and Commerce between the United States and France, February 6, 17781

[Articles 14, 15, 16, 25, and 262]

ART. 14 [12]3

The merchant Ships of either of the Parties, which shall be making into a Port belonging to the Enemy of the other Ally and concerning whose Voyage & 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 shewing that her Goods are not of the Number of those, which have been prohibited as Contraband.

ART. 15 [13]

If by the exhibiting of the above said 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 Ship belongs to the Subjects of France or the Inhabitants of the said United States, 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 to sell, exchange, or alienate the same in any manner, untill 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

'Hunter Miller (ed.), Treaties and Other International Acts of the United States of America, vol. II, pp. 3–29.

2

Similar provisions appear in treaties with the Netherlands, 1782, and Sweden, 1783; ibid., pp. 59-88, 123–149.

3

Articles in brackets indicate the consecutive numbering after the original articles 11 and 12 had been suppressed.

them to the Captor, who has discovered them, in such Case the Captor having received those Goods shall forthwith discharge the Ship and not hinder her by any means freely to prosecute the Voyage, on which she was bound. But in Case the Contraband Merchandises, cannot be all receiv'd on board the Vessel of the Captor, then the Captor may, notwithstanding the Offer of delivering him the Contraband Goods, carry the Vessel into the nearest Port agreable to what is above directed.

ART. 16 [14]

On the contrary it is agreed, that whatever shall be found to be laden by the Subjects and Inhabitants of either Party on any Ship belonging to the Enemys of the other or to their Subjects, the whole although it be not of the Sort of prohibited Goods may be confiscated in the same manner, as if it belonged to the Enemy, except such Goods and Merchandizes as were put on board such Ship before the Declaration of War, or even after such Declaration, if so be it were done without 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 the same, without the Knowledge of it, shall no ways be liable to confiscation, but shall well and truely be restored without Delay to the proprietors demanding the same; but so as that, if the said Merchandizes be contraband, it shall not be any Ways lawful to carry them afterwards to any Ports belonging to the Enemy. The two contracting Parties agree, that the Term of two Months being passed after the Declaration of War, their respective Subjects, from whatever Part of the World they come, shall not plead the Ignorance mentioned in this Article.

ART. 25 [23]

It shall be lawful for all and singular the Subjects of the most Christian King and the Citizens People and Inhabitants of the said United States to sail with their Ships with all manner of Liberty and Security; no distinction being made, who are the Proprietors of the Merchandizes laden thereon, from any Port to the places of those who now are or hereafter shall be at Enmity with the most Christian King or the United States. It shall likewise be Lawful for the Subjects and Inhabitants aforesaid to sail with the Ships and Merchandizes 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 afore men

tioned 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.

ART. 26 [24]

This Liberty of Navigation and Commerce shall extend to all kinds of Merchandizes, excepting those only which are distinguished by the name of contraband; And under this Name of Contraband or prohibited Goods shall be comprehended, Arms, great Guns, Bombs with the fuzes, and other things belonging to them, Cannon Ball, Gun powder, Match, Pikes, Swords, Lances, Spears, halberds, Mortars, Petards, Granades Salt Petre, Muskets, Musket Ball, Bucklers, Helmets, breast Plates, Coats of Mail and the like kinds of Arms proper for arming Soldiers, Musket rests, belts, Horses with their Furniture, and all other Warlike Instruments whatever. These Merchandizes which follow shall not be reckoned among Contraband or prohibited Goods, that is to say, all sorts of Cloths, and all other Manufactures woven of any wool, Flax, Silk, Cotton or any other Materials whatever; all kinds of wearing Apparel together with the Species, whereof they are used to be made; gold & Silver as well coined as uncoin'd, Tin, Iron, Latten, Copper, Brass Coals, as also Wheat and Barley and any other kind of Corn and pulse; Tobacco and likewise all manner of Spices; salted and smoked Flesh, salted Fish, Cheese and Butter, Beer, Oils, Wines, Sugars and all sorts of Salts; & in general all Provisions, which serve for the nourishment of Mankind and the sustenence of Life; furthermore all kinds of Cotton, hemp, Flax, Tar, Pitch, Ropes, Cables, Sails, Sail Cloths, Anchors and any Parts of Anchors; also Ships Masts, Planks, Boards and Beams of what Trees soever; and all other Things proper either for building or repairing Ships, and all other Goods whatever, which have not been worked into the form of any Instrument or thing prepared for War by Land or by Sea, shall not be reputed Contraband, much less such as have been already wrought and made up for any other Use; all which shall be wholly reckoned among free

Goods; as likewise all other Merchandizes and things, which are not comprehended and particularly mentioned in the foregoing enumeration of contraband Goods: so that they may be transported and carried in the freest manner by the Subjects of both Confederates even to Places belonging to an Enemy such Towns or Places being only excepted as are at that time beseiged, blocked up or invested.

6

The Peace Commissioner (J. Adams) to the President of the Continental Congress (Huntington)1

PARIS, April 10, 1780.

SIR: The memoire of the Prince Gallitzin, envoy extraordinary from the Empress of all the Russias, to the States-General, presented the 3d of this month, is of too much importance to the United States of America and their allies to be omitted to be sent to Congress. It is of the following tenor:

High and Mighty Lords: The undersigned, envoy extraordinary of her majesty the Empress of all the Russias, has the honor to communicate a copy of the declaration which the empress, his sovereign, has made to the powers actually at war. Your high mightinessess may regard this communication as a particular mark of the attention of the empress to the republic, equally interested in the reasons which have given birth to this declaration.

He has, moreover, orders to declare, in the name of her imperial majesty, that how much soever she may desire, on the one hand, to maintain during the present war the strictest neutrality, she will, nevertheless, maintain, by means the most efficacious, the honor of the Russian flag, and the safety of her commerce, and the navigation of her subjects, and will not suffer that any injury should be done to it by any of the belligerent powers. That to avoid, on this occasion, all misunderstanding or false interpretation, she has thought it her duty to specify in her declaration the terms of a free commerce and of that which is called contraband; that if the definition is founded upon notions the most simple, the most clear, and the most determinate by the laws of nature, that of the latter is taken by her literally from the treaty of commerce of Russia with Great Britain; that by this she proves incontestably her good faith and her impartiality towards both parties; that she thinks, consequently, that she ought to expect that the other commercial powers will be earnest to accede to her manner of thinking relative to the neutrality.

In pursuance of these two views, her majesty has charged the subscriber to invite your high mightinesses to make a common cause with her; insomuch that this union may serve to protect commerce and navigation, observing at the same time the most exact neutrality

1

Francis Wharton (ed.), The Revolutionary Diplomatic Correspondence of the United States, vol. 1, pp. 606-608.