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manner, each of the parties shall remain in the complete possession of its rights, in respect to such an intercourse.

ART. Vil. It shall be free for the two contracting parties respectively, to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid ; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But, before any consul shall act as such, he shall be in the usual form approved and admitted by the party to whom he is sent; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other the reasons for the same.

Either of the parties may except from the residence of consuls, such particular places as such party shall judge proper to be so excepted.

ART. VI. It is agreed, that in all cases where vessels shall be captured or detained on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war, or for other lawful cause, the said vessel shall be brought to the nearest or most convenient port; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy, or is otherwise confiscable, shall be made prize, and the vessel, unless by law subject to condemnation, shall be at liberty to proceed with the remainder of the cargo without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay in deciding the cases of ships or cargoes so 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 such ships.

It is also agreed, that in all cases of unfounded detention, or other contravention of the regulations stipulated by the present treaty, the owners of the vessel and cargo so detained shall be allowed damages proportioned to the loss occasioned thereby, together with the costs and charges of the trial.

Art. ix. In order to regulate what is in future to be esteemed coutra band of war, it is agreed that under the said denomination shall be comprised all arms and imple

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ments serving for the purposes of war, by land or by sea, such as cannon, muskets, mortars, petards, bombs, grenadoes, carcasses, saucisses, carriages for cannon, musket rests, bandoliers, gun powder, matches, saltpetre, balls, pikes, swords, head-pieces, cuirasses, halberts, lances.jave. lins, horse furniture, holsters, bells, and generally all other implements of war; as also timber for ship building, copper in sheets, sail cloth, hemp, and cordage, and in general (with the exception of unwrought iron and fir planks, and also with the exception of tar and pitch, when not going to a port of naval equipment, in which case they shall be entitled to pre-emption) whatever may serve directly to the equipment of vessels; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. But no vessel shall be detained, on pretence of carrying contraband of war, unless some of the above mentioned articles, not excepted, are found on board of the said ves. sel at the time it is searched.

ART. X. Whereas in consideration of the distance and of other circumstances incident to the situation of the high contracting parties, it may frequently happen that vessels may sail for a part or place, belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested, it is agreed, that every vessel so circumstanced may be turned away from such port or place, but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after such notice she shall again attempt to enter. But she shall be permitted to go to any other port or place she may think proper. Nor shall any vessel, or goods of either party, that may have entered into such port or place, before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof.

Neither of the parties when at war, shall, during the continuance of the treaty, take from on board the vessels of the other the subjects of the opposite belligerent, unless they be in the actual employment of such belligerent.

ÅR'r. X1. Whercas differences have arisen concerning the trading with the colonies of his majesty's enemies, and the instructions given by his majesty to his cruisers in

regard thereto, it is agreed that during the present hostilities all articles of the growth, produce and manufacture of Europe, not being contraband of war, may be freely carried from the United States to the port of any colony, not blockaded, belonging to his majesty's enemies, provided such goods shall previously have been entered and landed in the United States, and shall have paid the ordinary duties on such articles so imported for home consumption, and on re-exportation shall after the drawback remain subject to a duty equivalent to not less than one per cent. ad valorem, and that the said goods and the vessels conveying the same shall, from the time of their clearance from the American port, be bona fide the property of citizens and inhabitants of the United States; and in like manner that all articles not being contraband of war, and being the growth and produce of the enemy's colonies, may be brought to the United States, and after having been there landed, may be freely carried from thence to any port of Europe, not blockaded, provided such goods shall previ. ously have been entered and landed in the said United States, and shall have paid the ordinary duties on colonial articles so imported for home consumption, and on reexportation shall, after the drawback, remain subject to a duiy equivalent to not less than two per cent. ad valorem; and provided that the said goods, and the vessel conveying the same, be bona fide the property of citizens and inhabitants of the United States.

Provided always, that this article, or any thing therein contained, shall not operate to the prejudice of any right belonging to either party, but that after the expiration of the time limited for the article, the rights on both sides shall revive and be in full force.

ART. Xit. And whereas it is expedient to make special provisions respecting the maritime jurisdiction of the high contracting parties on the coasts of their respective possessions in North America, on account of peculiar circumstances belonging to those coasts, it is agreed that in all cases where one of the said high contracting parties shall be engaged in war and the other shall be at peace, the belligerent power shall not stop, except for the purpose hercalier mentioned, the vessels of the neutral power, or the unarmed vessels of other nations, within five marine

miles from the shore belonging to the said neutral power on the American seas.

Provided, that the said stipulations shall not take effect in favour of the ships of any nation or nations, which shall not have agreed to respect the limit aforesaid, as the line of maritime jurisdiction of the said neutral state. And it is further stipulated, that if either of the high contracting parties shall be at war with any nation or nations, which shall not have agreed to respect the said special limit or line of maritime jurisdiction herein agreed upon, such contracting party shall have the right to stop or search any vessel beyond the limit of a cannon shot, or three marine miles from the said coasts of the neutral power, for the purpose of ascertaining the nation to which such vessel shall belong; and with respect to the ships and property of the nation or nations not having agreed to respect the aforesaid line of jurisdiction, the belligerent power shall exercise the same rights as if this article did not exist; and the several provisions stipulated by this article shall have full force and effect only during the continuance of the present treaty.

Art. xi. With respect to the searching of merchant ships, the commanders of ships of war and privateers shall conduct themselves as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter, observing as much as possible the acknowledged principles and rules of the law of nations : and for the better security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said dainages may be.

For this cause all commanders of privateers, before they receive their commissions, shall hereafter be compelled to give before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said

commander, shall be jointly and severally bound in the sum of two thousand pounds sterling; or if such ship be provided with above one hundred and fifty seamen, or soldiers, in the sum of four thousand pounds sterling, to satisfy all damages end injuries which the said privateers or officers, or men, or any of them, may do or commit during their cruise, contrary to the tenour of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled.

It is also agreed, that whenever a judge of a court of admiralty, of either of the parties, shall pronounce sentence against any vessel or goods, or property, belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings to the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel without the smallest delay, he paying all legal fees and demands for the same.

ART. xiv. It is further agreed that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens or towns, or permit any of their inhabitants to receive, protect, harbour, conceal or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences.

And all their ships, with the goods or merchandises taken by them and brought into the port of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners or the factors or agents duly deputed, and authorized in writing by them, (proper evidence being shewn in the court of admiralty for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe or suspect that they had been piratically taken.

ART. xv. It is likewise agreed, that the subjects and citizens of the two nations shall not do any acts of hostility or violence against each other, nor accept commissions , or instructions so to act, from any foreign prince or state, enemies to the other party, nor shall the enemies of one of the parties abe permitted to invite or endeavour to enlist in the military service, any of the subjects or citizens of the other party: And the laws against all such offences

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YOL, VI.

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