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United States. It Niall be likewise lawful for the subje&ts and inhabitants aforesaid to fail with the thips and merchandizes aforementioned, and trade with the same liberty and security from the places, ports, or havens of those who are enemies of both, or either party, without any opposition or disturbance whatsoever, not only from the places of the enemy aforementioned to neutral places, but also from one place belonging 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 ftipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lad. ing or any part thereof, should appertain to the enemy of either, contraband goods being always excepted. It is also agreed that the same liberty be granted to persons who are on board a free ship, so that although they may be enemies to either party, they shall not be made prisoners, or taken out of that free ship, unless they are soldiers, and in actual service of the enemies.
Art. XVI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting only those 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 the other things belonging to them, cannon-balls, gun-powder, match, pikes, swords, lances, lpears, halbert, mortars, petards, grenades, faltpetre, muskets, musket balls, bucklers, helmets, breast.plates, coats of mail, and the like kind of arms, proper for arming foldiers, musketrests, belts, horses with their furniture, and all other warlike inftruments whatever. These merchandizes which follow Niall not be reckoned amongst contraband or prohibited goods; that is to say, all forts of cloths, and all other manufactures woven of any wool, flax, filk, cotton, or any other materials whatsoever ; all kinds of wearing apparel, together with all species whereof they are used to be made ; gold and silver, as well coined as uncoined, tin, iron, latten, brass, copper, coals; as also wheat, barley, and oats, and any other kind of corn, and pulse; tobacco, and likewise all manner of spices, salted and smoaked fel, salted fish, cheese and butter, beer, oils, wines, sugar, and all sorts of falt; and in general all provisions which serve for the fuftenance of lite; furthermore, all kinds of cot. ton, hemp, flax, tar, pitch, ropes, cables, fails, fail-cloths, anchors, er any part of anchors, also fhip-mafts, planks, and wood of all kinds, and all things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument prepared for war by land, or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned amongst free goods; as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the enumeration of contraband goods; so that they may be transported and carried in the freest manner by the subjects of both parties, even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested. And except the places in which any nip of war or squadron fall in con. sequence of itorms or other accidents at sea, be under the necessity of taking the cargo of any trading veffel or vessels, and furnish them. selves with necessaries, giving a receipt, in order that the power to whom the said Mhip of war belongs, may pay for the article so taken, according to the price thereof, at the port to which they may appear to have been destined by the ship’s papers; and the two contracting parties engage, that the vessels shall not be detained longer than may be absolutely necessary for their said Mhips to supply themselves with neceffaries; that they will immediately pay the value of the receipts, and indemnify the proprietor for all losses which he may have sustained in consequence of such transactions.
Art. XVII. To the end, that all manner of dissensions and quarrels may be avoided and prevented on one side and on the other, it is agreed, that in case of either of the parties hereto should be engaged in war, the ships and vefsels, belonging to subjects or people of the other party, must be furnished with sea letters of passports, exprefsing the fame, property and bulk of the ship, also the name and place of habitation of the master or commander of the said ships, that it may appear thereby that the ships really and truly belong to subjects of one of the parties; which passport shall be made out and granted according to the form annexed to this treaty. They fall likewise be recalled every year, that is, if the ship returns home within the space of a year.
It It is likewise agreed, that such ships being laden are to be provided not only with passports, as above-mentioned, but also with certificates containing the several particulars of the cargo, the place whence the ship failed, that so it may be known whether any for bidden or contraband goods be on board the faine ; which certificates shall be made out by.the officers of the place whence the ship failed in the accustomed form; and if any one mall think fit or advisable to express in the said certificates the person to whom the goods on board belong, he may do so; without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of his omiffion having been well examined, they Shall be judged to be legal prizes, unless they fhall give legal fatisfaction of their property by testimony equally equivalent.
Art. XVIII. If the ships of the said subjects, people or inhabitants of either of the parties, shall be met with, either failing along the coasts, or on the high seas, by any ships of war of the other, or by any privateer, the faid fhip of war or privateer, for avoiding any diforder shall remain out of cannon fhot, and may send their boats on board the merchant ship which they Mall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports concerning the property of the thip, made out according to the form inserted in this present treaty; and the ship, when the Mall have thewa such passport, Phall he free and at liberty to pursue her voyage, so as it shall not be lawful to moleft or give her chase in any manner, or force her to quit her intended course.
Art. XIX. Consuls shall be reciprocally established, with the privileges and power which those of the most favoured nations enjoy in the ports where their Consuls reside, or are permitted to be.
Art. XX. It is also agreed, that the inhabitants of the territories of each party shall respectively have free access to the courts of justice of the other; and they fhall be permitted to prosecute suits for the recovery of their property, the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may fue be subjects or citizens of the country in which they may be found, or any other persons wliatever who may have taken refuge therein; and the proceedings and VOL. IV:
sentences of the said Courts shall be the same, as if the contending parties had been subjects or citizens of the said country.
Art. XXI. In order to terminate all differences on account of the loftes sustained by the citizens of the United States, in consequence of their vessels and cargoes having been taken by the subjects of his Catholic Majesty during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decison of commissioners to be appointed in the following manner. His Catholic Majesty fall appoint one commissioner, and the President of the United States, by and with the advice and confent of the Senate, Niall appoint another; and the said two commissioners shall agree on the choice of a third, or if they cannot agree fo, they shall each propose one person, and of the two names fo proposed, one fhall be drawn by lot in the presence of the two original commiffioners; and the person whose name shall be drawn shall be third commissioner ; and the three commissioners fo appointed shall be sworn impartially to examine and decide the claims in question, according to the merit of the several cases, and to justice, equity, and the laws of nations, The said commissioners Diall meet and fit at Philadelphia: and in case of the death, fickness, or necessary absence of any such commisJioner, his place shall be supplied in the fame manner as he was firft appointed, and the new commissioner fall take the same oaths, and do the fame duties. They shall receive all complaints and applica- . tions authorised by this article during eighteen months from the day on which they shall assemble. They shall have the power to examine. all such persons as come before them on oath or affirmation touching the complaints in question, and also to receive in evidence all written testimony authenticated in such a manner as they shall think proper to require or admit.--The award of the said commissioners, or any two of them, thall be final and conclusive, both as to the justice of the claim, and the amount of the sum to be paid to the claimants; and his Catholic Majesty undertakes to cause the fame to be paid in fpecie, without deduction, at such time and places, and under' fuch condirions as shall be awarded by such commiffioners.
· Art. XXII. The two high contracting parties, hoping that the good correspondence and friendship which happily reign between them, will be further increased by this treaty, and that it will contribute to augment their prosperity and opulence, will in future give to
their mutual commerce all the extension and favour which the advantage of both countries may require,
And in consequence of the stipulations contained in the fourth Article, his Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandizes and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores, and his Majesty promises either to continue this permission, if he finds, during that time, that it is not prejudicial to the interest of Spain, or he should not agree to continue, he will assign to them on another part of the banks of the Mississippi an equivalent establishment.
Art. XXIII. The present treaty will not be in force until ratified by the contracting parties, and the ratifications shall be exchanged in fix months from that time, or sooner, if possible.
In witness whereof, we, the underwritten Plenipotentiaries of his Catholic Majesty and of the United States of America, have signed this present treaty of friendship, limits, and navigation, and have thereunto affixed our seals respectively. Done at San Lorenzo et Beal, this seven and twentieth day of October, 1795.
THOMAS PINCKNEY, (L.s.)