"

"To this effect all the captains of privateers, before receiving their commissions, shall become bound before a competent judge, to give security by two responsible citizens at least, who shall have no interest in the said privateer, and whom each, as well as the captain, shall engage individually for the sum of 7000 dollars, or 36,820 francs; if the said vessels carry more than 150 sailors or soldiers, for the sum of 15000 dollars, 73,670 francs, which shall serve to repair the damage that the said privateers,their officers or crews,or any of them, shall have committed during their cruize contrary to the disposition of the present convention, or to the laws and instructions which ought to be the rule of their conduct; besides this, the said commission shall be revoked and annulled in every case where an aggression has been committed.

"XXIV. When the ships of war of the two contracting parties, or those which their citizens shall have armed, shall be admitted with their prizes into the ports of either of the two parties, the said public or private vessels, as well as their prizes, shall not be obliged to pay any duties, either to the officers of the place, or to the judges, or to any others. The said prizes entering in the harbors or ports of one of the two parties, shall not be arrested or seized, and the officers of the place shall not take cognizance of the validity of the said prizes, which are to be suffered to go out, and be conducted with full freedom and liberty to their ports, by the commissions which the captains of the said

vessels shall be obliged to shew. It is always understood, that the stipulations of this article shall not extend beyond the privilege of the most favored nation.

"XXV. All foreign privateers having commissions from a State or Prince, at war with the one or the other nation, cannot arm their vessels in the ports of either nation, or dispose of the prizes there, or in any manner exchange them. They shall not be allowed to buy provisions further than the necessary quantity to gain the nearest port of the State or Prince from whom they shall have received their commissions.

"XXVI. It is further agreed, that neither of the two contracting parties shall receive pirates in its ports, roads or cities, and shall not permit any of its inhabitants to receive, protect, support or conceal them in any manner, but shall deliver up to due punishment such of its inhabitants as shall be guilty of the like acts or crimes; the ships of those pirates, as well as their effects and merchandize, shall be seized, wherever they shall be discovered, and restored to their proprietors, agents or factors, duly authorized by them, after having proved their right before judges competent to decide respecting the property.

"If the said effects have passed by sale into other hands and the purchasers were or might be informed, or have suspected that the said effects were carried away by pirates, they shall be equally restored.

"XXVII. Neither of the two nations shall interfere in the fisheries of the other upon its coasts, or disturb it in the exercise of the rights which it now has or may acquire on the coasts of Newfoundland, in the Gulph of St. Lawrence, or elsewhere on the coast of America, or in the North of the United States; but the whale and seal fishery shall be free for the two nations in all parts of the world.

"The convention shall be ratified on both sides in due form, and the ratification exchanged in the space of six months, or sooner if it be possible. In faith whereof, the respective plenipotentiaries have signed the above articles, as well in the French as in the English language, and have placed their seals, declaring, nevertheless, that the signature in two languages shall not be cited as an example, and shall not prejudice either of the two parties.

"Done at Paris the 8th day of Vendemaire, the 9th year of the French Republic, and the 3d day of September, 1800. (Signed)

"An exact copy,

JOSEPH BUONAPARTE, "C. P. FLURIEU,

"Č. M. TALLEYRAND."

The above treaty was canvassed in the Senate on the 8th of January, and agreed to, excepting

the 2d and 3d articles, which were rejected. The

Qqq

rejection of these articles on the part of America, was both imprudent and impolitic; for by the rejection of the 2d article, the very intention and design upon which negociation was commenced, was both opposed and defeated. Indemnities were not only virtually relinquished, but the proposal for appointing a convenient time to negociate upon them, was rejected. The rejection of the 3d article necessarily followed that of the former, and this article seems to have been the true pretext for rejecting the preceding....but the obvious intention, in rejecting these articles, can only be traced to one source: the motives which actuated the desire for a war, actuated also the opposition to negociation; for the same men who opposed the mission to France, opposed also the adjustment of differences upon principles of equity.

Mr. Bingham proposed the 19th article to be struck out, but his motion was negatived by a majority of 15.

The mode of proceeding in the election of President, in the event of the President and VicePresident's votes being equal, was brought before the House of Representatives, on the 9th of February. Messrs. Rutledge, Nicholas, Griswold, Macon, Bayard, Taliaferro, Foster, Claiborne, Otis, Davis, Morris, Champlin, Baer, Cooper, Linn and Woods, who were appointed the committee to arrange this business, presented the following resolutions, which were accepted of:

"1st. In the event of its appearing, upon the counting and ascertaining of the votes given for

President and Vice-President, according to the mode prescribed by the constitution, that no person has a constitutional majority, and the same shall have been duly declared and entered on the journals of this house, the Speaker, accompanied by the members of the house, shall return to their chamber.

"2d. Seats shall be provided in this house for the President and members of the Senate; and notification of the same shall be made to the Senate.

"3d. The house on their return from the Senate chamber, it being ascertained that the constitutional number of States are present, shall immediately proceed to choose one of the persons from whom the choice is to be made for President; and in case upon the first ballot there shall not appear to be a majority of the States in favor of one of them, the house shall continue to ballot for a President, without interruption by other business, until it shall appear that a President is duly chosen.

"4th. After commencing the balloting for President, the house shall not adjourn until a choice be made.

"5th. The doors of the house shall be closed during the balloting, except against the officers of

the house.

"6th. In balloting, the following mode shall be observed, to wit: The Representatives of the respective States shall be so seated, that the delegation of each State shall be together. The Representatives of each State shall, in the first instance, ballot among themselves, in order to as