and at fuch time or times, as fhall be awarded by the fame comm flioners, and on condition of fuch reienfes or affignments to be given by the claimants, as by the faid commishioners may be directed. And whereas certain merchants and others, his majefty's fubjects, complain, that in the courie of the war they have fuftained lofs and damage by reafon of the capture of the veffers and merchandile taken within the linuts and juridiction of the itates, and brought into the ports of the fame, or taken by vellels originally armed in ports of the fand ftates; it is agreed, that in a fuch cates where reftitution that not have been made, agica bly to the tenor of the letter from Mr. Jefferfon to Mr. Hammond, dated at PhiJadelphia, Sept. 5, 1793, a copy of which is annexed to this treaty, the complaints of the parties thall be, and hereby are, referred to the commiflioners, to be appointed by virtue of this article, who are hereby authorifed and required to proceed in the like manner relative to thete as to the other cales committed to them; and the United States undertake to pay to the complainants or claimants, in fpecie, with out deduction, the amount of fuch fums as fhall be awarded to them refpectively by the fand commiflioners, and at the times and places which in fuch awards thall be Specified; and on condition of fuch releales or affignments to be given by the claimants as in the faid awards may be directed. And it is further agreed, that not only the now exifting cafes of both defcriptions, but aito all fuch as fhall exift at the time of exchanging the ratifications of this treaty, fhall be confidered within the provitions, intent, and meaning of this article. VIII. It is further agreed, that the commoners mentioned in the two preceding articles, fhall be respectively paid in luch a manner as fhall be agreed between the two parties; fuch agreement being to be fettled at the time of the exchange of the ratifications of this treaty. And all other expences attending the faid commithions thall be defrayed jointly by the two parties, the lame being previously afcertained and allowed by the majority of the commiftioners. And in the cafe of death, ficknels, or neceflary abience, the place of every fuch commiffioner refpectively, fhall be fupplied in the fame manner as fuch committioner was appointed, and the new commiflioners fhall take the fame oath or faförmation, and do the fame duties, IX. It is agreed that British fubjects, who now hold lands in the territories of the United States; and American citizens, who now hold lands in the dominions of bis majefty; fhall continue to hoid them, according to the nature and tenure of their refpective ftates and titles therein; and may grant, fell, or devife the fame to whom they pleafe, in like manner as if they were natives; and that neither they, nor their heirs or affigns, fhail, fo far as may refpect the fnd lands, and the legal remedies incident thereto, be retarded as aliens. X. Neither the debts due from individuais of the one nation to individuals of the other, nor hates, nor monies which they may have in the public funds, or in the public or private banks, fhall ever, in any event of war or national differences, be fequestered or confifcated, it being unjua and impolitic, that debts and engage ments, contracted and made by individuais, having confidence in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differ ences and discontents. XI. It is agreed between his majesty and the United States of America, that there shall be a reciprocal and entirely perfect liberty of navigation and commerce between their refpective people, in the manner, under the limitations and on the conditions fpecified in the following arti cles. XII. His majefty confents, that it shall and may be lawful, during the time herein after limited, for the citizens of the United States to carry to any of his majefty's iflands and ports in the Weft-Indies from the United States, in their own veffels, not being above the burden of 70 tons, any goods or merchandifes, being of the growth, manufacture, or produce of the faid ftates, which it is or may be lawfai to carry to the faid iflands or ports from the faid flates in British veffels; and that the faid American veffels fhall be fubject there to no other or higher tonnage duties or charges than thall be payable by Batif veffels in the ports of the United States; and that the cargoes of the faid American veffels fhall be fubject there to no other or higher duties or charges than thall be payable on the like articles, if im ported there from the faid ftates in British, vellels. And his majefty alfo confents that it fhall be lawful for the faid American citizens to purchate, load, and carry away in their faid veffels, to the United States, from the faid lands and ports, all fuch articles, being of the growth, manufacture, or produce of the faid iflands, as may now by law be carried from thence to the faid ftates in Batth v. ileis, and lubject only to the fame duties and charges on exportation to which British veffeis and their cargoes are or thall be lubject in fimilar circumitances. Provided always that the faid American velle's do carry and land their cargoes in the United States only, it being exprefsly agreed and declared, that, during the continuance of this article, the United States will prohibit and reftr.in the carrying any molaffes, fugar, coffee, cocoa, or cotton, in American veffels, either from his majefty's lands or from the United States, to any part of the world, except the United States, reafonable fea ftores excepted. Provided alto, that it fhall and may be fawful, during the fame period, for Britih veffels to import from the fame iflands into the United States, and to export from the United States to the faid iflands, all articles whatever, being of the growth, produce, or manufacture of the faid iflands, or of the United States refpectively, which now may, by the laws of the faid ftates be to imported and exported. And that the cargoes of the faid British veffels, fhall be fubject to no other or higher duties or charges, than fhall be payable on the fame articles, if fo imported or exported in A merican veffels. It is agreed that this article and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which his majesty is now engaged; a d alfo for two years, from and aner the day of the fignatie of the preliminary or other articles of peace by which the fame may be terminated. And it is further acreed, that at the expiretion of the fold term, the two contract. ing parties will endeavour fin ther to regulate their commerce in this refpect, according to the fituation in which his majetty may then find himfelf with refpect to the West Indies, and with a view to fucn arrangements, as may belt conduce to the mutual advantage and extention of com merce. And the faid parties will then alfo renew their difcuffions, and endeavour to agree, whether in any or what cafes, neutral veffels fhall protect enemy's property; and in what cafes, provifions and other articles, not generally contraband, may become fuch. But in the meantime, their conduct toward each other in thefe refpe&ts, shall beegulated by the articles herein after inferted on thofe fubjects. XIII. His majefty confents that the veffels belonging to the citizens of the United States of America fhall be admitted and hofpitably received in all the fea ports and harbours of the British territories in the Eaft Indies. And that the citizens of the faid United States may freely carry on a trade between the faid territories and the faid United States in all articles of which the importation or exportation refpectively to or from the faid territories, fhall not be intirely prohibited. Provided only, that it fhall not be lawful for them, in any time of war between the British government and any other power or state whatever, to export from the fame territories, without the fpecial permiffion of the British government there, any military ftores, naval ftores, or rice. The citizens of the faid United States fhall pay for their veffels, when admitted into the faid ports, no other or higher tonnage duty than fhall be payable on British veffels when admitted into the ports of the United States. And they fhall pay no other or higher duties or charges on the importation or exportation of the cargoes of the faid veffels, than fhall be payable on the fame articles when imported or exported in British veffels. But it is exprefsly agreed, that the veffels of the United States thall not carry any of the articles exported by them from the faid British territories to any port or place except to fome port or place in America, where the fame shall be unladen, and fuch regulations fhall be adopted by both parties, as thall from time to time be found neceffary to enforce the due and faithful obfervance of this stipulation. go It is also underflood, that the permiffion granted by this article, is not to extend to allow the vellels of the United States to carry on any part of the coafting trade of the laid British territories; but veffels ing with their original cargoes, or part thereof, from one port of difcharge to another, are not to be confideret as carrying on the coating trade. Neither is this ar ticle to be conftrued to allow the citizens of the faid ftates to fettle or relide within the faid territories, or to go into the interior parts thereof, without the permiffion of the British government established there; and if any tranfgreffion fhould be attempted againit the regulations of the British government in this refpect, the obfervance of the fame fall and may be enforced a paint the citizens of America, in the fame manner as against British fubjects, or others tranfgreffing the fame rule, And the citizens of the United States, whenever they arrive in any port or harbour in the faid territories, or if they should be permitted in manner aforefaid, to go to any other place therein, fhall always be fubject to the laws, government, and jurisdiction of what nature etablished in fuch harbour, port, or place, according as the fame may be the citizens of the United States may alfo touch for refreshment at the island of St. Helena, but fubject in all refpects to fuch regulations as the British government may from time to time establish there. XIV. There shall be between all the dominions of his majefty in Europe and the territories of the United States a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries refpectively shall have liberty freely and fecurely, and without hindrance and moleftation, to come with their flips and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforefaid, to enter into the fame, to refort there, and to remain and refide there, without any limitation of time and alfo to hire and poffefs houfes and warehouses for the purposes of their commerce, and gene rally the merchants and traders on each fide thall enjoy the most complete protection and fecurity for their commerce, but fubject always as to what refpects this article to the laws and ftatutes of the two countries refpectively. tation of European and Afiatic goods when imported into the United States in British or in American veffels. The two parties agree to treat for the more exact equalization of the duties on the refpective navigation of their fubjects and people in fuch manner as may be moft beneficial to the two countries. The arrangements for this purpose shall be made at the fame time with thefe mentioned at the conclufion of the 14th article of this treaty, and are to be confidered as a part thereof. In the interval it is agreed that the United States will not impofe any new or additional tonnage duties on Britih veffels, nor increase the now fubfifting difference between the duties payable on the importation of any articles in British or American vessels. XV. It is agreed, that no other or higher duties fhall be paid by the fhips or merchandife of the one party in the ports of the other, than fuch as are paid by the like vefiels or merchandife of all other nations. Nor fhall any other or higher duty be impofed in one country on the importation of any articles the growth, produce, or manufacture of any other foreign country. Nor fhall any prohibition be impofed on the exportation or importation of any articles to or from the territories of the two parties refpectively, which shall not equally extend to all other nations. But the British government referves to felf the right of impofing on American vellels entering into the British ports in Europe a tonnage duty equal to that which thall be payable by British vellels in the ports of America; and alfo fuch duty as may be adequate to countervail the difference of duty now payable on the impor XVI. it fhall be free for the two contracting parties, refpectively, to appoint confuls for the protection of trade, to re fide in the dominions and territories aforefaid, and the faid confuls fall enjoy those liberties and rights which belonged to them by reafont of their function. But before any conful fhall act as fuch, he thail be in the ufual forms approved and admitted by the party to whom he is fent; and it is hereby declared to be lawful and proper, "that in cafe of illegal or improper conduct toward the laws or government, a conful may either be punished according to law, if the laws will reach the cafe, or be dif miffed, or even fent back, the offended go vernment affigning to the other the reasons for the fame. Either of the parties may except from the refidence of confuls fuch particular places as fuch party shall judge proper to to be excepted. XVII. It is agreed, that in all cafes where veffels fhall be captured or detained on just fufpicion of having on board ene my's property, or of carrying to the ene my any of the articles which are contraband of war; the faid veffel fhall be brought to the nearest or most convenient port; and if any property of an enemy Thould be found on board fuch veffel, that part only which belongs to the enemy fhall be made prize, and the vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding the cafes of fhips or cargoes fo brought in for adjudication: and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of fuch hips. XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the faid d-nomination thall be comprised all arms and implements ferving for the purposes of war, by land or by ita, fuch as cinnon, mufkets, mortars, petards, bombs, grenadoes, carcaffes, fauciffes, carriages for cannon, musket retts, bandoliers, gunpowder, match, fal petre, ball, pikes, words, head pieces, cuiraffes, halberts, Jances, javelins, horfe furniture, holters, belts, and generally all other implements of war; as alfo timber for fhip-building, tar or rolin, copper in fheets, fails, hemp and cordage, and generally whatever may ferve directly to the equipment of veffels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiication, whenever they are attempted to be carried to an enemy. And whereas the difficulty of agreeing on the precife cafes in which alone provitions and other articles not generally contraband may be regarded as fuch renders it expedient to provide against the inconveniencies and milunderit ndings which might thence arife: It is further agreed, that whenever any fuch articles fo becoming contraband according to the exiting laws of nations, fhall for that reafon be feifed, the fame fhall not be confifcated, but the owners thereof shall be fpeedily and completely indemnified; and the captors, or in their default the government under whofe authority they act, thall pay to the matters or owners of fech veffel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and alfo the demurrage incident to fuch detention. XIX. And that more abundant cart be taken for the fecurity of the refpeive fubjects and citizens of the contracting parties, and to prevent their fuffering injuries by the men-of war, or privateers of either party, all commanders of fhips of war and privateers, and all others the faid fubjects and citizens, thall forbear to do any damage to thofe of the other party, or committing any outrage against them; and if they act to the contrary, they fhall be punished, and fhall also be bound in their perfons and eftates to make fatisfaction and reparation for all damages, and the intereft thereof, of whatever nature the faid damages may be. For this caufe all commanders of privateers before they receive their commiffions fhall hereafter be obliged to give before a competent judge, fufficient fecurity by at leaft two refponfible fureties, who have no intereft in the faid privateer, each of whom, together with the faid commander, fhall be jointly and feverally bound in the sum of fifteen hundred pounds fterling, or if fuch fhip be provided with above one hundied and fifty feamen or foldiers, in the fum of three thoufand pounds fterling, to fatisfy all damages and injuries which the faid privateer, or officers, or men, or any of them, may do or commit during their cruife, contrary to the tenor of this treaty, or to the law and inftructions for regulating their conduct; and further, that in all cafes of aggreffion the faid commiffions fhall be revoked and annulled. fame. It is alo agreed, that whenever a judge of a court of admiralty of either of the parties fhall pronounce fentence' againft any veffel of goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated And whereas it frequently happens, copy of all the proceedings in the caufe, that veffeis fail for a post or place belong- and of the faid fentence, fhall, if required, ing to an enemy, without knowing that be delivered to the commander of the faid the fame is either befieged, blockaded or veifel, without the finallet delay, he payinvetted; it is agreed, that every vefiel foing all legal fees and demands for the circumftanced may be turned away from fuch port or place, but fhall not be detained, nor her cargo, if not contraband, be confifcated, unleis after notice fhe fhall again attempt to enter; but the fhall be permitted to go to any other port or place the may think proper; nor fhall any veffel or goods of either party, that may have entered into fuch port or place, before the fame was befieged, blockaded, or invefted by the other, and be found therein after the reduction or furrender of fuch place, be liable to confifcation, but fhall be reitored to the owners or proprietors thereof. XX. It is further agreed, that both the faid contracting parties fhall not only refute to receive any pirates into any of their ports, havens, or towns, or perinit any of their inhabitants to receive, protest, harbour, conceal or affift them in any manner, but will bring to condign punishment all fuch inhabitants as fhall be guilty of fuch acts or offences. And all their fhips with the goods or merchandifes taken by them, and brought into the port of either of the faid parties, fhall be feiled as far as they can be difco vered, and shall be reftored to the owners, or the factors, or agents duly deputed and authorifed in writing by them (proper evidence being first in the court of admiralty for proving the property) even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew or had good reafon to believe, or fufpect that they had been piratically taken. XXI. It is likewife agreed, that the fubjects and citizens of the two nations, shall not do any acts of hoftility or violence against each other, nor accept commiffions or inftructions fo to act from any foreign prince or state, enemies to the other party; nor fhall the enemies of one of the parties be permitted to invite, or endeavour to enlift in the military fervice any of the fubjects or citizens of the other party; and the laws against all fuch offences fhall be punctually executed. And if any fubject or citizen of the faid parties refpectively, fhall accept any foreign commiffion, or letters of marque, for arming any veffel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the faid party to treat and punish the faid fubject or citizen, having fuch commiffion or letters of marque, as a pirate. XXII. It is exprefsly ftipulated that neither of the faid contracting parties will order or authorife any acts of reptifal against the other, on complaints of injuries or damages, until the faid party fhall first have prefented to the other, a ftatement thereof, verified by competent proof and evidence, and demanding justice and fatisfaction, and the fame fhall either have been refufed or unreasonably delayed. fatisfaction of the government of the place, XXIII. The ships of war of each of the contracting parties fhall, at all times, be hofpitably received into the ports of the other, their officers and crews paying due refpect to the laws and government of the country. The officers fhall be treated with that refpect which is due to the commiffions which they bear; and if any infult should be offered to them by any of the inhabitants, all offenders in this refpect fhall be punished as difturbers of the peace and amity between the two countries. And his majefty confents, that in cafe an American veffel fhould, by ftrefs of weather, danger from enemies, or other misfortunes, be reduced to the neceffity of feeking fhelter in any of his majefty's ports, into which such vessel could not in ordinary cafes claim to be admitted, fhe all, on manifefting that neceffity to the XXIV. It fhall not be lawful for any foreign privateers (not being fubjects or citizens of either of the faid parties) who have commiffions from any other prince or ftate in enmity with either nation, to arm their fhips in the ports of either of the faid parties, nor fell what they have taken, nor in any other manner to exchange the fame; nor fhall they be allowed to purof chafe more provisions than fhall be neceffary for their going to the nearest port that prince or ftate from whom they obtained their commiffions. XXV. It fhall be lawful for the hips of war and privateers belonging to the faid parties refpectively, to carry whither foever they pleafe the thips and goods ta ken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor fhall the faid prizes when they arrive at, and enter the ports of the faid parties be detained or feized, neither fhall the fearchers or other officers of thofe places vifit fuch prizes (except for the purpose of preventing the carrying of any part of the cargo thereof on fhore in any manner contrary to the established laws of revenue, navigation, or commerce) nor shall fuch officers take cognizance of the validity of fuch prizes; but they shall be at liberty to hoift fail, and depart as fpeedily as may be, and carry their faid prizes to the place mentioned in their commiffions or patents, which the commanders of the faid ships of war or privateers fhall be obliged to show. No fhelter or refuge fhall be given in their ports to fuch as have made a prize upon the fubjects or citizens of either of the faid parties; but, if forced by ftreis of weather, or the danger of the fea, to enter therein, particular care fhall be ta |