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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 established 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 respects, to fuch regulations as the British Government may from time to time establish 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 fhips 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 flips 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 imposed 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 shall 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 thofe 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 fufpicion 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 fhould 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 masters or owners of fuch fhips.
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 purposes of war, by land or by fea, fuch as cannon, muskets, 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, horse-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 precife 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. feized, the fame fhall 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 masters or owners of fuch yeffel the full value of all articles, with a reasonable mercantile
mercantile profit thereon, together with the freight, and alfo the demurrage incident to fuch detention.
And whereas it frequently happens, that veffels fail for a port or place belonging to an enemy, without knowing that the fame is either befieged, blockaded, or invested; it is agreed, that every veffel fo circumftanced may be turned away from fuch port or place, but fhe fhall not be detained, nor her cargo, if not contraband, be confifcated, unlefs, after notice, fhe fhall again attempt to enter: but the fhall be permitted to go to any other port or place fhe may think proper; nor fhall any veffel or goods of either party, that may have entered into fuch port or place, before the fame was befieged, blockaded, or invefted by the other, and be found therein, after the reduction or furrender of fuch place, be liable to confifcation, but shall be restored to the owners or proprietors thereof.
Art. XIX. And that more abundant care be taken for the fecurity of the respective subjects and citizens of the contracting parties, and to prevent their fuffering injuries by the men of war, or privateers of either party, all commanders of fhips of war and privateers, and all others the faid fubjects and citizens fhall forbear to do any da→ mage to thofe of the other party, or committing any outrage against them; and if they act to the contrary, they thall be punished, and fhall alfo be bound in their perfons and eftates to make fatisfaction and reparation for all da mages, and the intereft thereof, of whatever nature the faid damages may be.
For this caufe all commanders of privateers before they receive their commiffions thall hereafter be obliged to give, before a competent Judge, fufficient fecurity by at least two refponfible fureties, who have no intereft in the faid privateer, each of whom, together with the faid commander, fhall be jointly and severally bound in the fum of fifteen hundred pounds fterling; and if fuch fhip be provided with above one hundred and fifty feamen or. foldiers, in the fum of three thousand pounds fterling, to fatisfy all damages and injuries, which the faid privateer, or officers, or men, or any of them, may do or commit during their cruife, contrary to the tenor of this treaty, or to the laws and inftructions for regulating their con
duct; and further, that in all cafes of aggreffions the faid commiffions fhall be revoked and annulled.
It is also agreed, that whenever a Judge of a Court of Admiralty of either of the parties, fhall pronounce fentence against any veffel 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 caufe, and of the said fentence, fhall, if required, be delivered to the commander of the faid veffel without the smallest delay, he paying all legal fees and demands for the fame."
Art. XX. It is further agreed, that both the faid contracting parties fhall 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 affift them in any manner, but will bring to condign punishment all fuch inhabitants as fhall be guilty of fuch 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, fhall be seized as far as they can be discovered, and shall be reftored to the Owners, or the Factors, or Agents duly deputed and authorifed in writing by them (proper evidence being fhewn in the Court of Admiralty for proving the property) even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew, or had good reason to believe or fufpect that they had been piratically taken.
Art. XXI. It is likewife agreed, that the fubjects and citizens of the two nations fhall not do any acts of hoftility or violence against each other, nor accept commiffions or inftructions fo to act from any foreign prince or state, enemies to either party; nor fhall the enemies of one of the parties be permitted to invite, or endeavour to enlift in the military fervice any of the fubjects or citizens of the other party; and the laws against all fuch effences fhall be punctually executed. And if any subject or citizen of the faid parties refpectively fhall accept any foreign commiffion, or letters of marque, for arming any veffel 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 faid party to treat and punish the said subject