duty, under what name foever; they may by teftament, donation, or other wife, difpofe of their goods, moveable and immoveable, in favour of fuch perfons as to them fhall feem good; and their heirs, fubjects of the United States, refiding whether in France or elfew here, may fucceed them, ab inteftat, without being obliged to obtain letters of naturalization, and without having the effect of this conceffion con tefted or impeded, under pretext of any rights or prerogatives of provinces, cities or private perfons; 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 fame kind; faving neverthelefs 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 fubjects of the Moft Chriftian King fhall enjoy, on their part, the dominions of the faid States, an entire and perfect reciprocity, relative to the ftipulations contained in the prefent article: but it is at the fame time agreed, that its contents fhall not affect the laws made or that may be made hereafter in France, against emigrations, which shall remain in all their force and vigour; and the United States, on their part, or any of them, fhall be at liberty to enact fuch laws, relative to that matter, as to them fhall feem proper. Art. XII. The merchant fhips of either of the parties, which fhall be making into a port belonging to the enemy of the other ally, and concerning whofe voyage and the fpecies of goods on board her there fhall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high feas as in the ports and havens, not only her paffports, but likewife certificates, exprefsly fhewing that her goods are not of the number of those which have been prohibited as contraband. Art. XIII. If, by exhibiting of the above faid certificates, the other party discover there are any of thofe forts of goods which are prohibited and declared contraband, and configned for a port under the obedience of his enemy, it fhall not be lawful to break up the hatches of fuch fhip, or to open any cheft, coffers, packs, calks, or any other veffel found therein, or to remove the smallest parcel of her goods, whether fuch fhip belong to the fubjects of France, or the inhabitants of the faid United States, unle's the lading be brought on fhore, in the prefence of the officers of the court of admiralty, and an inventory thereof made; but there fhall be no allowance to fell, exchange, or alienate the fame in any manner, until that after due and lawful procefs shall have been had against such prohibited goods goods, and the court of admiralty fhall, by a sentence pronounced, have confifcated the fame, faving always as well the flip itfelf, 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 lefs fhall they be confifcated as lawful prize. But if not the whole cargo, but only part thereof fhall confift of prohibited or contraband goods, and the commander of the fhip fhall be ready and willing to deliver them to the captor who has difcovered them; in fuch cafe, the captor having received thofe goods, fhall forthwith difcharge the fhip, and not hinder her by any means, freely to profecute the voyage on which fhe was bound. But in cafe the contraband merchandifes cannot be all received on board the veffel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the veffel into the nearest port, agreeable to what is above directed. Art. XIV. On the contrary, it is agreed, that whatever shall be found to be laden by the fubjects and inhabitants of either party, or any hip belonging to the enemies of the other, or to their fubjects, the whole, although it be not of the fort of prohibited goods, may be confifcated in the fame manner as if it belonged to the enemy, except fuch goods and merchandise as were put on board such ship before the declaration of war, or even after fuch declaration, if fo be it were done without knowledge of fuch declaration; fo that the goods of the fubjects and people of either party, whether they be of the nature of fuch as are prohibited or otherwife, which, as is aforefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, without the knowledge of it, fhall no ways be liable to confifcation, but shall well and truly be restored without delay to the proprietors demanding the fame; but fo as that if the faid 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 paffed after the declaration of war, their respective fubjects, from whatever part of the world they come, fhall not plead the ignorance mentioned in this article. Art. XV. And that more effectual care may be taken for the security of the fubjects and inhabitants of both parties, that they fuffer no injury by the men of war or privateers of the other party, all the commanders of the fhips of his Most Christian Majefty and of the faid United States, and all their subjects and inhabitants, shall be forbid forbid doing any injury or damage to the other fide; and if they act to the contrary they fhall be punified, and fhall moreover be bound to make fatisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their perfons and goods. Art. XVI. All fhips and merchandife, of what nature foever, which fhall be rescued out of the hands of any pirates or robbers on the high feas, fhall be brought into fome port of either state, and shall be delivered to the cuftody of the officers of that port, in order to be restored entire to the true proprietor, as foon as due and fufficient proof fhall be made concerning the property thereof. Art. XVII. It fhall be lawful for the flips of war of either party, and privateers, freely to carry whitherfoever 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 fuch prizes be arrested or feized when they come and enter the port of each party; nor shall the fearchers or other officers of thofe places fearch the fame, or make examination concerning the lawful. nefs of fuch prizes; but they may hoist fail at any time, and depart, and carry their prizes to the places expreffed in their commiffions, which the commanders of fuch fhips of war fhall be obliged to fhew. On the contrary, no fhelter or refuge shall be given in their ports to fuch as fhall have made prizes of the fubjects, people, or property of either of the parties; but if fuch fhall come in, being forced by ftrefs of weather, or the danger of the fea, all proper means fhall be vigorously used, that they go out and retire from thence as foon as poflible. Art. XVIII. If any fhip belonging to either of the parties, their people, or fubjects, fhall, within the coafts or dominions of the other, stick upon the fands, or be wrecked or fuffer any other da mage, all friendly affiftance and relief fhall be given to the perfons fhipwrecked, or fuch as fhall be in danger thereof. And letters of fafe conduct shall likewise be given to them for their free and quiet paf fage from thence, and the return of every one to his own country. Art. XIX. In cafe the fubjects and inhabitants of either party; with their shipping, 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 neceffity, for feeking of shelter and har bour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they fhall be received and treated with all all humanity and kindness, and enjoy all friendly protection and help; and they fhall be permitted to refresh and provide themselves at reafonable rates with victuals and all things needful for the fuftenance of their perfons, 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 fides, 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 felling and tranfporting 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 fubjects of either, full fatisfaction shall be made for the same. Art. XXI. No subject of the Most Christian King shall apply for or take any commiffion or letters of marque for arming any ship or fhips to act as privateers against the faid United States, or any of them, or against the fubjects, people, or inhabitants of the faid 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 fhall be at war; nor fhall any citizen, subject, or inhabitant of the faid United States, or any of them, apply for or take any commiffion or letters of marque for arming any fhip or fhips 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 fhall any citizen, fubject, or inhabitant of the faid United States, or any of them, apply for or take any commiffion or letters of marque for arming any fhip or ships to act as privateers against the fubjects of the Moft Chriftian King, or any of them, or the property of any of them, from any prince or state with which the faid king fhall be at war; and if any perfon of either nation shall take fuch commiffion or letters of marque, he fhall be punished as a pirate. Art. XXII. It fhall not be lawful for any foreign privateers, not belonging to the fubjects of the Moft Chriftian King, ner citizens of the faid United States, who have commiffion from any other prince or state at enmity with either nation, to fit their fhips in the ports of either the one or the other of the aforefaid parties, to fell VOL.IV. B what what they have taken, or in any other manner whatfoever to exchange their fhips, merchandises, or any other lading; neither fhall they be allowed even to purchase victuals, except fuch as fhall be neceffary for their going to the next port of that prince or state from which they 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 faid United States, to fail with their fhips with all manner of liberty and fecurity, no diftinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with the Moft Chriftian King or the United States. It fhall likewise be lawful for the fubjects and inhabitants aforefaid to fail with the fhips and merchandifes aforementioned, and to trade with the fame liberty and fecurity from the places, ports, and havens of those who are enemies of both or either party, without any oppofition or difturbance whatfoever, not only directly from the places of the enemy aforementioned to neutral places, but alfo from one place belong. ing to an enemy to another place belonging to an enemy, whether they be under the jurifdiction of the fame prince or under feveral. And it is hereby ftipulated, that free fhips fhall also have a freedom to carry goods, and that every thing fhall be deemed free and exempt which shall be found on board the fhips belonging to the fubjects of either of the confederates, although the whole lading or any part thereof fhould appertain to the enemies of either, contraband goods being always excepted. It is alfo agreed in like manner, that the fame liberty be extended to perfons who are on board a free fhip, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free fhip, unless they are foldiers and in actual fervice of the enemies. Art. XXIV. This liberty of navigation and commerce fhall extend to all kinds of merchandifes, except thofe only which are dif tinguifhed by the name of contraband; and under this name of contraband or prohibited goods fhall be comprehended arms, great guns, bombs with their fufees and other things belonging to them, cannon ball, gunpowder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenadoes, faltpetre, muskets, musket ball, bucklers, helmets, breaft plates, coats of mail, and the like kinds of arms proper for arming foldiers, mufket refts, belts, horfes with their furniture, and all other warlike inftruments whatever, Thefe |
