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duty, under what name foever; they may by teftament, donation, or other wise, dispose of their goods, moveable and immoveable, in favour of such persons as to them thall feem good; and their heirs, fubjects of the United States, residing whether in France or elfen here, may succeed them, ab inteftat, uithout being obliged to obtain letters of naturalization, and without having the effect of this concession contested or impeded, under pretext of any rights or prerogatives of provinces, cities or private persons; and the said heirs, whether such by particular title, or ab inteftat, shall be exempted from the duty called droit de detraction, or other duty of the same kind; saving nevertheless the local rights or duties, as much and as long as fimilar ones are not established by the United States, or any of them. The sub. jects of the Most Chriftian King shall enjoy, on their part, in all the dominions of the faid States, an entire and perfect reciprocity, relative to the ftipulations contained in the present article: but it is at the same time agreed, that its contents shall not affect the laws made or that may be made hereafter in France, againit emigracions, which shall remain in all their force and vigour ; and the United States, on their part, or any of them, shall be at liberty to enact Fuch law's, relative to that matter, as to them fall seem proper.
Art. XII. The merchant flips of either of the parties, which sliall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion, Mall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her paffports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband.
Art. XIII. It, by exhibiting of the above said certificates, the other party discover there are any of those sorts of goods which are prohibited and declared contraband, and configned for a port under the obedience of his eneny, it thall not be lawful to break up the hatches of such thip, or to open any chest, coffers, packs, caiks, or any other veilel found therein, or to remove the smallest parcel of her goods, whether such fhip belong to the subjects of France, or the inhabitants of the said United States, unlels the lading be brought on fhore, in the presence of the oílicers of the court of admiralty, and an inventory thereof made ; but there shall be no allowance to fell, exchange, or alienate the fame in any manner, until that after Jue and lawful process thall have been had against such prohibited
goods, and the court of admiralty shall, by a sentence pronounced, have confiscated the fame, faving always as well the flip itself, as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less Mall they be confiscated as lawful prize. But if not the whole cargo, but only part thereof fhall consist of prohibited or contraband goods, and the commander of the fiip fhall be ready and willing to deliver them to the captor who has discovered them; in fuch case, the captor having received those goods, shall forthwith discharge the ship, and not hinder her by any means, freely to prosecute the voyage on which the was bound. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, nutwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeable to what is above directed.
Art. XIV. On the contrary, it is agreed, that whatever fall be found to be laden by the subjects and inhabitants of either party, or any Mip belonging to the enemies of the other, or to their fubjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the fame manner as if it belonged to the enemy, except such goods and merchandise as were put on board such thip before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration; so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the fame, without the knowledge of it, thall no ways be liable to confifcation, but all well and truly be restored without delay to the proprietors demanding tiie fame; but so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the term of two months being pafled after the declaration of war, their respective subjects, from whatever part of the world they come, thall not plead the ignorance mentioned in this article.
Art. XV. And that more effectual care may be taken for the sea çurity of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other party, all the commanders of the ships of his Most Christian Majesty and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side ; and if they act to the contrary they shall be punished, and fall moreover be bound to make iatisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their perfons and goods.
Art. XVI. All ships and merchandise, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as clue and sufficient proof shall be made concerning the properly thereof.
Art. XVII. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty, or any other judges; nor fhall such prizes be arrested or seized when they come and enter the
port of each party; nor Mall the searchers or other officers of those places tearch the fame, or make examination concerning the lawfulness of such prizes; but they may hoist fail at any time, and depart, and carry their prizes to the places expressed in their commissions, which the commanders of such thips of war Niall be obliged to fhew. On the contrary, no shelter or refuge shall be given in their ports to such as fhall have made prizes of the subjects, people, or property of either of the parties ; but if such thall come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used, that they go out and retire from thence as soon as poslible.
Art. XVIII. If any thip belonging to either of the parties, their people, or subjects, fhall, within the coasts or dominions of the other, stick upon the sands, or be wrecked or suffer any other da. mage, all friendly assistance and relief thall be given to the persons thipwrecked, or such as shall be in danger thereof. And letters of safe conduct shall likewise be given to them for their free and quiet pasó Iage from thence, and the return of every one to his own country:
Art. XIX. In case the subjects and inhabitants of either party, with their Nipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shelter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with
alt all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons, or reparation of their fhips, and conveniency of their voyage, and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.
Art. XX. For the better promoting of commerce on both sides, it is agreed, that if a war should break out between the said two na. tions, fix months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for selling and transporting their goods and merchandises ; and if any thing be taken from them, or any injury be done them within that term, by either party, or the people or subjects of either, full fatisfaction shall be made for the fame.
Art. XXI. No subject of the Most Christian King fhall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the faid United States, or any of them, or against the subjects, people, or inhabitants of the said United States or any of them, or against the property of any of the inhabitants of any of them, from any prince or state with which the United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commiffion or letters of marque for arming any lhip or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of the inhabitants of any of them, from any prince or state with which the United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any prince or state with which the said king Mall be at war; and if any person of either nation shall take fuch commission or letters of marque, he fall be punished as a pirate.
Art. XXII. It shall not be lawful for any foreign privateers, not belonging to the subjects of the Most Christian King, ner citizens of the said United States, who have commission from any other prince or state at enmity with either nation, to fit their ships in the ports of either the one or the other of the aforesaid parties, to fell VOL.IV.
what they have taken, or in any other manner whatsoever to exchange their fhips, merchandises, or any other lading ; neither thall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that prince or state from which drey have commillions.
Art. XXIII. It shall be lawful for all and fingular the subjects of the Most Christian King, and the citizens, people, and inha. bitants of the said United States, to fail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or bereafter Mall be at enmity with the Most Christian King or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid to fail with the fhips and merchandises aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disa turbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belong. ing to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same prince or under several. And it is hereby stipulated, that free lips fall also have a freedom to carry goods, and that every thing (all be deemed free and exempt which thall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the fame liberty be extended to persons who are on board a free fhip, with th's cffe, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the encmies,
Art. XXIV. This liberty of navigation and commerce shall extend to all kinds of merchandises, except those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods shall be comprehended arms, great guns, bombs with their fufees and other things belonging to them, cannon ball, gunpowder, match, pikes, fwords, Jançes, spears, halte.ds, Iertars, petards, grenadoes, faltpetre, muskets, musket ball, bu klers, helmets, breast plates, coats of mail, and the like kinds of arms proper for arming foldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever,