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nions of his faid Majefty, no other or greater duties, charges, or fees whatever, than the most favoured nation is or fhall be obliged to pay; and they fhall enjoy all the rights, privileges, and exemptions in navigation and commerce, which the moft favoured nation does or thall enjoy; submitting themselves, nevertheless, to the established laws and ufages to which are submitted the subjects of his Majesty the King of Pruffia, and the fubjects and citizens of the most favoured nations.

IV. More especially, each party fhall have right to carry their own produce, manufactures, and merchandise, in their own or any other veffels, to any parts of the dominions of the other, where it fhall be lawful for all the fubjects and citizens of that other freely to purchase them, and thence to take the produce, manufactures, and merchandise of the other, which all the said citizens or fubjects fhall in like manner be free to fell there, paying, in both cafes, fuch duties, charges, and fees only, as are or thall be paid by the most favoured nation. Nevertheless, his Majefty the King of Pruffia and the United States, respectively, referve to themfelves the right, where any nation restrains the tranfportation of merchandise to the veffels of the country of which it is the growth or manufacture, to establish against fuch nation retaliating regulations; and also the right to prohibit in their refpective countries the importation and exportation of all merchandife whatsoever, when reafons of flate fhall require it. In this cafe, the fubjects or citizens of either of the contracting parties fhall not import or export the merchandise prohibited by the other. But if one of the contracting parties permits any other nation to import or export the fame merchandise, the citizens or subjects of the other fhall immediately enjoy the fame liberty.

V. The merchants, commanders of veffels, or other fubjects or citizens of either party, fhall not, within the ports or jurifdiction of the other, be forced to unload any fort of merchandise into any other veffels, nor receive them into their own, nor to wait for their being loaded longer than they please.

. VI. That the veffels of either party, loading within the ports or jurifdiction of the other, may not be uselessly haraffed, or detained, it is agreed, that all examinations of goods, required by the laws, fhall be made before they are laden on board the vessel, and that there fhall be no examination after; nor fhall the veffel be fearched, at any time, lefs articles fhall have been laden therein clandeftinely and illegally; in which cafe the perfon by whofe order they were carried on board, or who carried them without order, thall be liable to the laws of the land in which he is; but no other perfon fhall be molefted, nor thail any other goods, nor the vellel, be feized or detained for that caufe.

VII. Each party fhall endeavour, by all the means in their power, to protect and defend all veffels and other effects belonging

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to the citizens or fubje&is of the other, which fhall be within the extent of their jurifdiction by fea or by land; and shall use all their efforts to recover, and caufe to be reftored to the right owners, their veffels and their effects, which fhall be taken from them within the extent of their faid jurifdiction.

VIII. The veffels of the fubjects or citizens of either party, coming on any coaft belonging to the other, but not willing to enter into port, or who entering into port are not willing to unload their cargoes or break bulk, fhall have liberty to depart, and to pursue their voyage, without moleftation, and without being obliged to render account of their cargo, or to pay any duties, charges, or fees whatfoever, except eftablished for velfels entered into port, and appropriated to the maintenance of the port itself, or of other establishments for the fafety and convenience of navigators; which duties, charges, and fees fhall be the fame, and fhall be paid on the fame footing, as in the cafe of fubjects or citizens of the country where they are established.

IX. When any veffel of either party fhall be wrecked, foundered, or otherwife damaged on the coafts or within the dominions of the other, their refpective citizens or fubjects fhall receive, as well for themfelves as for their veffels and effects, the fame affiftance which would be due to the inhabitants of the country where the damage happens, and fhall pay the fame charges and dues only as the faid inhabitants would be fubject to pay in a like cafe; and if the operations of repair fhall require that the whole or any part of the cargo be unloaded, they shall pay no duties, charges, or fees upon the part which they fhall reload and carry away. The ancient and barbarous right to wrecks of the fea fhall be entirely abolished with refpect to the fubjects or citizens of the two contracting parties.

X. The citizens or fubjects of each party fhall have power to difpofe of their perfonal goods within the jurifdiction of the other, by teftament, donation, or otherwife; and their reprefentatives, being fubjects or citizens of the other party, thall fucceed to their faid perfonal goods, whether by teftament or ab inteftato, and may take poffeffion thereof, either by themfelves or by others acting for them, and difpofe of the fame at their will, paying fuch dues only as the inhabitants of the country wherein the faid goods are, fhall be fubject to pay in like cafes. And in cafe of the abfence of the reprefentative, fuch care thall be taken of the faid goods as would be taken of the goods of a native in like cafe, until the lawful owner may take measures for receiving them. And if question should arife among feveral claimants, to which of them the faid goods belong, the fame fhall be decided finally by the laws and judges of the land wherein the faid goods are. And where, on the death of any perfon, holding real estate within the territories of the one party, fuch real estate would, by the

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laws of the land, defcend on a citizen or fubject of the other were he not difqualified by alienage, fuch fubject shall be allowed a reasonable time to fell the fame, and to withdraw the proceeds, without molestation, and exempt from all rights of detraction on the part of the government of the refpective ftates. But this article fhall not derogate in any manner from the force of the laws already published, or hereafter to be published by his Majesty the King of Pruffia, to prevent the emigration of his fubjects.

XI. The most perfect freedom of confcience and of worship is granted to the citizens or fubjects of either party, within the jurifdiction of the other, and no perfon fhall be molested in that refpect, for any caufe other than an infult on the religion of others. Moreover, when the fubjects or citizens of the one party fall die within the jurifdiction of the other, their bodies fhall be buried in the ufual burying-grounds, or other decent and fuitable places, and shall be protected from violation or disturbance.

XII. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which free thips make free goods, has not been fufficiently refpected during the two laft wars, and efpecially in that which till continues, the two contracting parties propofe, after the return of a general peace, to agree either feparately between themselves, or jointly with other powers alike interested, to concert with the great maritime powers of Europe, fuch arrangements and fuch permanent principles as may ferve to confolidate the liberty and the fafety of the neutral navigation and commerce in future wars. And if, in the interval, either of the contracting parties should be engaged in a war, in which the other fhould remain neutral, the fhips of war and privateers of the belligerent power fhall conduct themfelves towards the merchant-vellels of the neutral power as favourably as the courfe of the war then exifting may permit, obferving the principles and rules of the law of nations, generally acknowledged.

XIII. And in the fame cafe of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and mifunderstandings that ufually arise respecting merchandise of contraband, fuch as arms, ammunition, and military fores of every kind, no fuch articles carried in the veffels, or by the fubjects or citizens of either party, to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. Nevertheless, it shall be lawful to ftop fuch veffels and articles, and to detain them for fuch length of time as the captors may think neceffary to prevent the inconvenience or damage that might enfue from their proceeding, paying, however, a reasonable compenfation for the lofs fuch arreft fhall occafion to the proprietors; and it shall further be allowed to ufe in the fervice of the captors

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the whole or any part of the military ftores fo detained, paying the owners the full value of the fame, to be afeertained by the current price at the place of its deftination. But in a cafe fuppofed of a veffel stopped for articles of contraband, if the mafter of the veffel topped will deliver out the goods fuppofed to be of contraband nature, he fhall be admitted to do it, and the veffel hall not, in that cafe, be carried into any port, nor further derained, but fhall be allowed to proceed on her voyage.

All cannons, mortars, fire-arms, piftols, bombs, grenades, bullets, balls, mufkets, flints, matches, powder, faltpetre, fulphur, cuiraffes, pikes, fwords, belts, cartouch-boxes, faddles and bridles, beyond the quantity neceflary for the use of the ship, or beyond that which every man ferving on board the veffel, or paffenger, ought to have; and in general whatever is comprised under the denomination of arms and military ftores of what defcription foever, fhall be deemed objects of contraband.

XIV. To enfure to the veffels of the two contracting parties, the advantage of being readily and certainly known in time of war, it is agreed, that they fhall be provided with the fea-letters and documents hereafter specified :

1. A paffport, expreffing the name, the property, and the burden of the veffel, as alfo the name and dwelling of the mafter; which paffport fhall be made out in good and due form, fhall be renewed as often as the vellel fhall return into port, and fhall be exhibited whenfoever required, as well in the open fea as in port. But if the veffel be under convoy of one or more veffels of war, belonging to the neutral party, the fimple declaration of the officer commanding the convoy, that the faid veffel belongs to the party of which he is, fhall be confidered as establishing the fact, and thall relieve both parties from the trouble of further examin

ation.

2. A charter-party, that is to fay, the contract paffed for the freight of the whole veffel-or the bills of lading given for the cargo in detail.

3. The lift of the fhip's company, containing an indication by name, and in detail, of the perfons compofing the crew of the veffel. Thefe documents fhall always be authenticated according to the forms established at the place from which the vellel fhall. have failed.

As their production ought to be exacted only when one of the contracting parties fhall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the veffel, its cargo and company, they fhall not be deemed abfolutely neceffary on board fuch veffels, belonging to the neutral party, as fhall have failed from its ports before or within three months after the government fhall have been informed of the state of war,

in which the belligerent party fhall be engaged. In the interval, in default of thefe fpecific documents, the neutrality of the vessel may be established by fuch other evidence as the tribunals authorized to judge of the cafe may deem fufficient.

XV. And to prevent entirely all diforder and violence in fuch cafes, it is ftipulated, that when the veffels of the neutral party, failing without convoy, fhall be met by any veffel of war, public or private, of the other party, fuch veffel of war fhall not fend more than two or three men in their boat on board the faid neutral veffel, to examine her paffport and documents. And all perfons belonging to any veffel of war, public or private, who fhall moleft or infult in any manner whatever, the people, veffels, or effects of the other party, fhall be refponfible in their perfons and property for damages and intereft, fufficient fecurity for which fhall be given by all commanders of private armed veffels before they are commiffioned.

XVI. In times of war, or in cafes of urgent neceffity, when either of the contracting parties fhall be obliged to lay a general embargo, either in all its ports or in certain particular places, the veffels of the other party fhall be fubject to this measure, upon the fame footing as those of the most favoured nations, but without having the right to claim the exemptions in their favour, ftipulated in the 16th article of the former treaty of 1785. But on the other hand, the proprietors of the vetfels which shall have been detained, whether for fome military expedition, or for what other use foever, thall obtain from the government that thall have employed them, an equitable indemnity, as well for the freight as for the lofs occafioned by the delay. And furthermore, in all cafes of feizure, detention, or arreft, for debts contracted or offences committed by any citizen or fubject of the one party, wi hin the jurifdiction of the other, the fame fhall be made and profecuted by order and authority of that only, and according to the regular courfe of proceedings ufed in fuch cafes.

XVII. If any veffel or effects of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the power at war, they fall be restored to the firit proprietor upon the conditions hereafter ftipulated in the 21ft article for cafes of recapture.

XVIII. If the citizens or fubjects of either party in danger from tempeits, pirates, enemies, or other accident, fhall take refuge with their velfels or effects within the harbours or jurifdiction of the other, they thall be reccived, protected, and treated with humanity and kindnefs, and fhall be permitted to furnish themselves at a reafonable price, with all refreshments, proviLions, and other things neceflary for their fuftenance, health, and accommodation, and for the repair of their veffels.

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