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sions of his said Majesty, no other or greater duties, charges, or fees whatever, than the most favoured nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce, which the most favoured nation does or Thall enjoy ; submitting themselves, nevertheless, 10 the established laws and usages to which are submitted the subje&s of his Majesty the King of Prussia, and the subjects and citizens of the most favoured nations.

IV. More especially, each party shall have right to carry their own produce, manufactures, and merchandise, in their own or any other vessels, to any parts of the dominions of the other, where it shall be lawful for all the subjects and citizens of that other freely to purchase them, and thence to take the produce, manufaciures, and merchandise of the other, which all the said citizens or subjects shall in like manner be free to sell there, paying, in both cases, such duties, charges, and fees only, as are or thall be paid by the most favoured nation. Nevertheless, his Majesty the King of Prussia and the United States, refpe&tively, reserve to themselves the right, where any nation restrains the transportation of merchandise to the vessels of the country of which it is the growth or manufacture, to establish against such nation retaliating regulations; and also the right to prohibit in their respective countries the importation and exportation of all merchandise whatsoever, when reasons of Nate shall require it. In this case, the subjects or citizens of either of the contracting parties Shall 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 shall immediately enjoy the same liberty.

V. The merchants, commanders of vessels, or other subjects or citizens of either party, shall not, within the ports or jurisdiction of the other, be forced to unload any sort of merchandise into any other vessels, nor receive them into their own, nor to wait for their being loaded longer than they please. • VI. That the vessels of either party, loading within the ports or jurisdiction of the other, may not be uselessly harassed, or detained, it is agreed, that all examinations of goods, required by the laws, shall be made before they are laden on board the vessel, and that there thall be no examination after ; nor shall the vessel be searched, at any time, mless articles Phall have been laden therein claudeltinely and illegally ; in which case the person by whose 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 person fhall be molested, nor thail any other goods, nor the vessel, be seized or detained for that cause.

VII. Each party shall endeavour, by all the means in their power, to proteat and defend all vessels and other effects belonging


to the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land ; and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and their effects, which thall be taken from them within the extent of their faid jurisdiction.

VIII. The vessels of the subjects or citizens of either party, coming on any coast 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, shall have liberty to depart, and to pursue their voyage, without molestation, and without being obliged to render account of their cargo, or to pay any duties, charges, or fees whatsoever, except established for vesels entered into port, and appropriated to the maintenance of the port itself, or of other establishments for the safety and convenience of navigators; which duties, charges, and fees shall be the faine, and shall be paid on the fame footing, as in the case of subje&s or citizens of the country where they are established.

IX. When any vessel of either party shall be wrecked, foundered, or otherwise damaged on the coasts or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same allistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case, and if the operations of repair shall require that the whole or any part of the cargo be unloaded, they Thall pay no duties, charges, or fees upon the part which they íhall reload and carry away. The ancient and barbarous right to wrecks of the sca shall be entirely abolished with respect to the subjects or citizens of the two contracting parties.

X. The citizens or subjects of each party shall have dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise ; and their representatives, being subjects or citizens of the other party, shall succeed to their faid personal goods, whether by testament or ab inteftato, and may take poffeffion thereof, either by themselves or by others acting for them, and dispose of the fame at their will, paying such dues only as the inhabiiants of the country wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care thall be taken of the said goods as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving thein. And if question should arise among several claimants, to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the death of any person, holding real estate within the territories of the one party, such real estate would, by the da


power to


laws of the land, descend on a citizen or subject of the other were he not disqualified by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds, without moleltation, and exempt from all rights of detra&tion on the part of the government of the respective states. But this article shall not derogate in any marner from the force of the laws already published, or hereafter to be published by bis Majesty the King of Prullia, to prevent the emigration of his subjects.

XI. The most perfect freedom of conscience and of worship is granted to the citizens or subjects of either party, within the jurisdiction of the other, and no person shall be molested in that respect, for any cause other than an insult on the religion of others. Moreover, when the subjects or citizens of the one party fhall die within the jurisdiction of the other, their bodies shall be buried in the ufual burying-grounds, or other vlecent and fuitable places, and ihall 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 sufficiently respected during the two last wars, and especially in that which itill continues, the two contracting parties propose, after the return of a general peace, to agree either separately between themselves, or jointly with other powers alike interested, to concert with the great maritime powers of Europe, such arrangements and such permanent principles as may serve to consolidate the liberty and the safety 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 should remain neutral, the ships of war and privateers of the belligerent power thall conduct themselves towards the merchant-vesels of the neutral power as favourably as the course of the war then existing may permit, obferving the principles and rules of the law of nations, generally acknowledged.

XIII. And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings that ufually arise respecting merchandise of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, so as to induce confifcation or condenination, and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such 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 compensation for the loss such arrest thall occasion to the proprietors; d it shall further be allowed to use in the service of the captors


the whole or any part of the military stores fo detained, paying the owners the full value of the same, to be a seertained by the current price at the place of its destination. But in a cafe fupposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel thall not, in that case, be carried into any port, nor further derained, but shall be allowed to proceeil on her voyage.

All cannons, mortars, fire-arms, pistols, boinbs, grenades, bullets, balls, muskets, flints, matches, powder, faltpetre, fulphur, cuiraffes, pikes, swords, belts, cartouch-boxes, faddles and bridles, beyond the quantity necessary for the use of the thip, or beyond that which every man serving on board the vessel, or pafsenger, ought to have ; and in general whatever is comprised under the denomination of arms and military stores of what defcription foever, shall be deemed objects of contraband.

XIV. To ensure to the veitels of the two contracting parties, the advantage of being readily and certainly known in tiine of war, it is agreed, that they shall be provided with the fea-letters and docuinents hereafter specified :

1. A passport, expressing the name, the property, and the burden of the vessel, as also the name and dwelling of the master; which passport shall be made out in good and due form, thall be renewed as often as the vellel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the veslel be under convoy of one or more vessels of war, belonging to the neutral party, the fimple declaration of the officer commanding the convoy, that the faid vestel belongs to the party of which he is, shall be conlidered as establishing the fact, and shall relieve both parties from the trouble of further exatnination.

2. A charter-party, that is to say, the contract passed for the freight of the whole vessel--or the bills of lading given for the cargo in detail.

3. The list of the ship's company, containing an indication by name, and in detail, of the perfons composing the crew of the vellel. These documents thall always be authenticated according to the forms eltablished at the place from which the vellel thall have failed.

As their production ought to be exacted only when one of the contracting parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vefiel, its cargo and company, they shall not be deemed absolutely necelsary on board such vessels, belonging to the neutral party, as thall have failed from its ports before or within three months after the government shall have been informed of the state of war,

in which the belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorized to judge of the case may deem fufficient.

XV. And to prevent entirely all disorder and violence in such cases, it is stipulated, that when the vessels of the neutral party, failing without convoy, shall be met by any vessel of war, public or private, of the other party, such veirel of war fhall not send more than two or three men in their boat on board the said neutral vessel, to exainine her passport and documents. And all persons belonging to any vessel of war, public or private, who ihall moleit or insult in any manner whatever, the people, vessels, or effc&ts of the other party, shall be responsible in their persons and property for damages and intereit, fufficient fecurity for which shall be given by all commanders of private armed vessels before they are commissioned.

XVI. În times of war, or in cases of urgent necessity, when either of the contracting parties shall be obliged to lay a general embargo, either in all its ports or in certain particular places, the vefsels of the other party fall be subject to this measure, upon the same footing as those of the most favoured nations, but without having the right to claim the exemptions in their favour, ftipulated in the róth article of the former treaty of 1785. But on the other hand, the proprietors of the veifels which shall have been detained, whether for some 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 loss occalioned by the delay. And furthermore, in all cases of feizure, detention, or arreft, for debts contraded or offences committed by any citizen or subject of the one party, wi hin the jurifdition of the other, the same thall be made and profecuted by criter and authority of that only, and according to the regular course of proceedings used in such cases.

XVII. It any velfel 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 itipulated in the 2ift article for cases of recapture.

XVIII. If the citizens or subjects of either party in danger froin tempests, pirates, enemies, or other accident, thall take refuge with their velfels or effects within the harbours or jurisdiction of the other, they thall be received, protected, and treated with humanity and kindness, and shall be permitted to furnith themselves at a reasonable price, with all refreshments, proviLions, and other things neceflary for their sustenance, health, and accommodation, and for the repair of their veffels.

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