« PrejšnjaNaprej »
gressing the fame rule. And the Citizens of the United States, whenever they arrive in any port or harbour in the said Territories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to the Laws, Government, and Jurifdi&tion of what nature eltablished in fuch harbour, port, or place, according as the fame
be: the Citizens of the United States may also touch, for refreshment, at the Ifland of St. Helena, but fubject, in all respects, to fuch regulations as the British Government may from time to time eftablish there.
Art. XIV. There shall be between all the dominions of His Majesty 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 respectively shall have liberty freely and fecurely and without hindrance and moleftation to come with their ships and cargoes to the lards, cointries, cities, ports, places and rivers, within the domi. nions and territories aforesaid, to enter into the same, to refort there, and to remain and reside there, without any liinitation of time: and also 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 subject always as to what refpects this article to the laws and statutes of the two countries respectively.
Art. XV. It is agreed that no other or higher duties fhall be paid by the thips or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or inerchandize of all other nations. Nor fhall any other or higher duty be imposed in one country on the finportation of any articles the growth, produce, or manufacture of the other than are or shall 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 respectively, which shall not equally extend to all other nations.
But the British Government reserves to itself the right of imposing on American vessels entering inta British ports in Europe a tonnage duty equal to that which shall be payable by British vessels in the ports of America; and also such duty as may be adequate to countervail the difference of duty now payable on the importation of European and Asiatic goods when imported into the United States in British or in American vessels.
The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people in such manner as may be most beneficial to the two countries. The arrangements for this purpose shall be made at the same time with these mentioned at the conclusion of the 12th article of this treaty, and are to be considered as a part thereofe In the interval it is agreed, that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now fubfifting difference between the duties payable on the importation of any articles in British or in Ainerican vefsels.
Art. XVI. 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 conful fhall act as fuch, he shall be in the usual forms 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 difmiffed, or even fent back, the offended Government assigning to the other their reasons for the same.
Either of the parties may except from the residence of confuls such particular places as such party shall judge proper to be so excepted.
Art. XVII. 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; 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 veffel, that part only which belongs to the enemy fhall be made prize, and the vessel 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 cases of thips or cargoes to 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.
Art. XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the said denomination shall be comprised all arms and implements ferving for the purposes of war, by land or by sea, such as cannon, muskets, morlars, petards, bombs, granadoes, carcasses, fauciffes, carriages for cannon, musket's refts, bandoliers, gun-powder, match, faltpetre, ball, pikes, swords, head pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as also timber for ship-building, tar or rosin, copper in fheets, fails, hemp and cordage, and generally whatever inay serve directly to the equipment of vefsels, unwrought iron and fir planks only excepted ; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy.
And whereas the difficulty of agreeing on the precise cases in which alone provisions and other articles not generally contraband may be regarded as such, renders it expedient to provide against the inconveniences and milunderstandings which might thence arise: it is further agreed, that whenever any such articles fo becoming contraband according to the existing Laws of Nations, shall for that reason he seized, the faine thall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.
And whereas it frequently happens, that vessels sail for a port 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 froin such port or place, but fhe shall not be detained, nor her cargo, if not contraband, be confiscated, unless, after notice, she fall again attempt to enter: but the shall be permitted to go to any other port or place she may think proper; nor shall any vefsel or goods of either party, that may have entered into such port or place, before the same was beheged, 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.
Art. XIX. And that more abundant care be taken for the 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 to do any damage to those of the other party, or cominitting any outrage against them; and if they act to the contrary, they 1hall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all da. mages, and the interest thereof, of whatever nature the said damages may be.
For this cause all commanders of privateers before they receive their commillions thall hereafter be obliged to give before a competent Judge, fufficient security by at least two responsible fureties, who have no intereit in the said privateer, each of whom, together with the said commander, fall be jointly and severally bound in the sum of fifteen hundred pounds sterling; and if such ship be provided with above one hundred and fifty seamen or, Toldiers, in the fum of three thousand pounds sterling, to fatisfy all damages and injuries, which the said privateer, or officers, or men, or any of them, may
do or cominit during their cruise, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conC.2
dud; and further, that in all cases of aggressions the faid 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 in the cause, and of the said fentence, fhall, if required, be delivered to the commander of the said vessel without the smallest delay, he paying all legal fees and demands for the fame.
Art. XX. It is further agreed, that both the said contra&ting 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 fhips, with the goods or merchandifes taken by them, and brought into the port of either of the faid parties, shall be seized as far as they can be discovered, and Thall be restored to the Owners, or the Factors, or Agents duly deputed and authorised in writing by them (proper evidence being shewn in the Court of Admiralty for proving the property, even in case such effects should have paffed 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. XXI. 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 ftate, enemies to either party ; nor shall the enemies of one of the parties be 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 effences shall be punctually executed. And if any subject or citizen of the said parties respectively thall accept any
foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject