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coffee, cocoa, or cotton, in American veffels, either
Provided alfo, that it fhall and may be lawful, during the fame period, for British veffels to import from the faid 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 said States, be fo 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 American veffels.
It is agreed that this article and every matter and thing therein contained, fhall continue to be in force during the continuance of the war in which His Majefty is now engaged; and alfo for two years, from and after the day of the fignature of the preliminary or other articles of Peace by which the fame may be terminated.
And it is further agreed, that at the expiration of the faid term, the two contracting parties will endeavour further to regulate their commerce in this refpect, according to the fituation in which His Majesty may then find himself with respect to the West Indies, and with a view to fuch arrangements, as may best conduce to the mutual advantage and extenfion of Com
And the faid parties will then alfo renew their discusfions, 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 mean time, their conduct towards each other in these refpects fhall be regulated by the articles herein-after inferted on thofe fubjects.
Art. 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 entirely 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 faid i erritories, without the fpecial permiflion of the British Government there, any Military Stores or Naval Stores, or Rice. The Citizens of the 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 shall 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 fhall 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 fhall be unladen, and fuch regulations fhall be adopted by both parties, as fhall from time to time be found neceffary to enforce the due and faithful obfervance of this ftipulation.
It is alfo understood, that the permiffion granted by this article is not to extend to allow the veifels of the United States to carry on any part of the coafting trade of the faid British Territories; but veffels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be confidered as carrying on the coafting trade. Neither is this article to be construed to allow the Citizens of the faid States to fettle or refide within the faid Territories, or to go into the interior parts thereof, without the permiflion of the British Government eftablished there; and if any tranfgreffion fhould be attempted against the regulations of the British Government in this refpect, the obfervance of the fame fhall and may be enforced against the Citizens of America, in the fame nanner as against British subjects, or others tranfgreffing
greffing 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 fhould be permitted, in manner aforefaid, to go to any other place therein, fhall always be fubject to the Laws, Government, and Jurifdiction of what nature eftablished 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 land of St. Helena, but fubject, in all refpects, to fuch regulations as the British Government may from time to time eftablish there.
Art. XIV. There fhall 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' fhall have liberty freely and fecurely and without hindrance and moleftation to come with their ships 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 generally the merchants and traders on each fide fhall 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.
Art. XV. It is agreed that no other or higher duties fhall be paid by the fhips or merchandize of the one party in the ports of the other, than fuch as are paid by the like veffels or merchandize 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 the other than are or fhall be payable on the importation of the like articles being of 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 itself the right of impofing on American veffels entering inta British ports in Europe a tonnage duty equal to that which fhall be payable by British veffels in the ports of America; and alfo fuch duty as may be adequate to countervail the difference of duty now payable on the importation 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 fhall be made at the fame time with thefe mentioned at the conclufion of the 12th 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 impose any new or additional tonnage duties on British veffels, nor increase the now fubfifting difference between the duties payable on the importation of any articles in British or in American veffels.
Art. XVI. It fhall be free for the two contracting parties, refpectively to appoint confuls for the protection of trade, to refide in the dominions and territories aforefaid, and the faid confuls fhall enjoy those liberties and rights which belong to them by reafon of their function. But before any conful fhall act as fuch, he fhall 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 towards the laws or Government, a conful may either be punished according to law, if the laws will reach the cafe, or be difmiffed, or even fent back, the offended Government affigning to the other their reasons for the fame.
Either of the parties may except from the refidence of confuls fuch particular places as fuch party fhall judge proper to be fo excepted.
Art. XVII. It is agreed, that in all cafes where veffels fhall 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; the faid veffel fhall be brought to the nearest or moft convenient port; and if any property of an enemy should be found on board fuch veffel, that part only which belongs to the enemy fhall be made prize, and the veffel fhall 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 mafters or owners of such ships.
Art. XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the faid denomination fhall be comprifed all arms and implements ferving for the purpofes of war, by land or by fea, such as cannon, mufkets, mortars, petards, bombs, granadoes, carcaffes, fauciffes, carriages for cannon, mufket's refts, bandoliers, gun-powder, match, faltpetre, ball, pikes, fwords, head pieces, cuiraffes, halberts, lances, javelins, horfe-furniture, holsters, belts, and generally all other implements of war; as alfo timber for fhip-building, tar or rofin, 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 juft objects of confifcation, whenever they are attempted to be carried to an enemy.
And whereas the difficulty of agreeing on the precise cafes in which alone provifions and other articles not generally contraband may be regarded as fuch, renders it expedient to provide against the inconveniences and mifunderstandings which might thence arife: it is further agreed, that whenever any fuch articles fo becoming contraband according to the exifting Laws of Nations, fhall for that reafon be seized, the fame thall not be confifcated, but the owners thereof fhall be speedily and completely indemnified; and the captors, or in their default, the Government under whofe authority they act, fhall pay to the mafters or owners of fuch yeffel the full value of all articles, with a reasonable mercantile