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respective ministers,' having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th of September, 1800, (8th Vendémiaire, an. 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.

Another particular convention 2 signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly.

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THE provisions in the treaty of 1794 with Great Britain relative to neutral commerce expired by limitation in 1806. April 18, 1806, Congress passed an act prohibiting the importation of certain articles from Great Britain and her colonies after Nov. 15; but Dec. 19 the act was suspended until July 1, 1807. Great Britain also refused to give up her asserted right of impressment, and on Oct. 16, 1807, a proclamation was issued "for recalling and prohibiting British seamen from serving foreign Princes and States." In a message of Dec. 18, 1807, transmitting a copy of this proclamation, Jefferson urged the attention of Congress to "the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." A bill for an embargo was at once introduced in the Senate, and passed that body the same day, by a vote of 22 to 6. On the 21st the bill with amendments passed the House, by a vote of 82 to 44; on the 22d the amendments were concurred in by the Senate, and the act was approved. An act of April 22, 1808, authorized the President to suspend the embargo acts in the event of peace or suspension of hostilities between the European belligerents. REFERENCES. Text in U. S. Stat. at Large, II., 451-453. For the discussions in Congress, see the Annals, 10th Cong., 1st Sess., I., or Benton's Abridgment, III. Numerous documents relating to British depredations on American commerce during this period are in Amer. State Papers, Foreign Relations, III.: see particularly the royal proclamation of Oct. 16, 1807, ib., 25, 26; report of the Secretary of State, March 2, 1808, on impressment of

1 Text in Treaties and Conventions (ed. 1889), 335-338.- Ed. 2 Text in Treaties and Conventions (ed. 1889), 334, 335.

ED.

3 Signed: "Robert R. Livingstone, James Monroe, F. Barbé Marbois.”

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American seamen, ib., 36-79; and message of Dec. 28, 1808, transmitting orders and decrees of belligerent powers affecting neutral commerce since 1791, ib., 262–294. For the various supplementary acts of Jan. 9, March 12, April 22, and April 25, 1808, and Jan. 9, 1809, see U. S. Stat. at Large, II., 453, 454, 473-475, 490, 499-502, 506-511; for judicial decisions under the acts, ib., 451, 452. On the effect of the embargo, see Gallatin's annual report, Dec. 16, 1808, in Amer. State Papers, Finance, II., 307-309. Carey's Olive Branch (ed. 1815) collects numerous documents for this period. The best general account is in Adams's United States, IV.

An ACT laying an Embargo on all ships and vessels in the ports and harbors of the United States.

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Be it enacted. That an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels under the immediate direction of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such foreign ship or vessel, when notified of this act.

SEC. 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which bond, and also a certificate from the collector where the same may be relanded, shall by the collector respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign. power, are not to be considered as liable to the embargo laid by this act.

No. 67.

Non-Intercourse Act

March 1, 1809

DURING the early part of the session of 1808-9 the Federalists made unsuccessful attempts to secure the repeal of the embargo acts. In spite of its ruinous effect on American commerce, the embargo was still regarded with favor, except in New England. In February, 1809, however, the statement of J. Q. Adams regarding the dangerous condition of public feeling in New England led the Republican leaders to modify their policy. February 8 Wm. B. Giles of Virginia submitted in the Senate a resolution for the repeal of the embargo after March 4, except as to Great Britain and France, and to prohibit commercial intercourse with those nations. February 14, by a vote of 22 to 9, the resolution was agreed to, after an unsuccessful attempt, led by Bayard, to strike out the non-intercourse clause. A bill in conformity with the resolution was introduced on the 16th, and on the 21st passed the Senate by a vote of 21 to 12. A bill to the same effect had been introduced in the House Feb. 11, and was still under discussion; on the 22d, however, it was laid on the table, and the House took up the Senate bill in its place, finally passing it with amendments, on the 27th, by a vote of 81 to 40. The next day the Senate agreed to the House amendments, and March 1 the act was approved.

REFERENCES.

Text in U. S. Stat. at Large, II., 528-533. The proceedings of Congress are in the Journals, 10th Cong., 2d Sess.; for the discussions, including debates on the embargo and its enforcement, and British and French aggressions, see the Annals, or Benton's Abridgment, IV. A digest of decisions under the non-intercourse acts is in U. S. Stat. at Large, II., 528.

An ACT to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies; and for other purposes.

Be it enacted..., That from and after the passing of this act, the entrance of the harbors and waters of the United States and of the territories thereof, be, and the same is hereby interdicted to all public ships and vessels belonging to Great Britain or France, excepting vessels only which may be forced in by distress, or which are charged with despatches or business from the government to which they belong, and also packets having no cargo nor merchandise on board. And if any public ship or vessel as aforesaid, not being included in the exception above mentioned, shall enter any harbor or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the Presi

dent of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces, or of the militia of the United States, or the territories thereof, as he shall deem necessary, to compel such ship or vessel to depart. SEC. 2. And be it further enacted, That it shall not be lawful for any citizen or citizens of the United States or the territories thereof, nor for any person or persons residing or being in the same, to have any intercourse with, or to afford any aid or supplies to any public ship or vessel as aforesaid, which shall, contrary to the provisions of this act, have entered any harbor or waters within the jurisdiction of the United States or the territories thereof; and if any person shall, contrary to the provisions of this act, have any intercourse with such ship or vessel, or shall afford any aid to such ship or vessel, either in repairing the said vessel or in furnishing her, her officers and crew with supplies of any kind or in any manner whatever, or if any pilot or other person shall assist in navigating or piloting such ship or vessel, unless it be for the purpose of carrying her beyond the limits and jurisdiction of the United States, every person so offending, shall forfeit and pay a sum not less than one hundred dollars, nor exceeding ten thousand dollars; and shall also be imprisoned for a term not less than one month, nor more than one year.

SEC. 3. And be it further enacted, That from and after the twentieth day of May next, the entrance of the harbors and waters of the United States and the territories thereof be, and the same is hereby interdicted to all ships or vessels sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either; vessels hired, chartered or employed by the government of either country, for the sole purpose of carrying letters or despatches, and also vessels forced in by distress or by the dangers of the sea, only excepted. And if any ship or vessel sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall after the said twentieth day of May next, arrive either with or without a cargo, within the limits of the United States or of the territories thereof, such ship or vessel, together with the cargo, if any, which may be found on board, shall be forfeited, and may be seized and condemned in any court of

the United States or the territories thereof, having competent jurisdiction, and all and every act and acts heretofore passed, which shall be within the purview of this act, shall be, and the same are hereby repealed.

SEC. 4. And be it further enacted, That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandise whatever, from any port or place situated in Great Britain or Ireland, or in any of the colonies or dependencies of Great Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possession of either Great Britain or France. Nor shall it be lawful to import into the United States, or the territories thereof, from any foreign port or place whatever, any goods, wares or merchandise whatever, being of the growth, produce or manufacture of France, or of any of her colonies or dependencies, or being of the growth, produce or manufacture of Great Britain or Ireland, or of any of the colonies or dependencies of Great Britain, or being of the growth, produce or manufacture of any place or country in the actual possession of either France or Great Britain: Provided, that nothing herein contained shall be construed to affect the cargoes of ships or vessels wholly owned by a citizen or citizens of the United States, which had cleared for any port beyond the Cape of Good Hope, prior to . . . [December 22, 1807,] . . . or which had departed for such port by permission of the President, under the acts supplementary to the act laying an embargo on all ships and vessels in the ports and harbors of the United States.

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SEC. II. And be it further enacted, That the President of the United States be, and he hereby is authorized, in case either France or Great Britain shall so revoke or modify her edicts, as that they shall cease to violate the neutral commerce of the United States, to declare the same by proclamation; after which the trade of the United States, suspended by this act, and by the [Embargo Act] . . . and the several acts supplementary thereto, may be renewed with the nation so doing:1.. And be it further enacted, That so much of the

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SEC. 12.

1 See act of March 2, 1811 (Stat. at Large, II., 651, 652). — Ed.

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