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or citizen, having fuch commiffion or letters of marque, as a pirate.
Art. XXII. It is exprefsly ftipulated that neither of the faid contracting parties will order or authorise any acts of reprisal against the other, on complaints of injuries or damages, until the faid party shall first have prefented to the other a statement thereof, verified by competent proof and evidence, and demanding juftice and fatisfaction, and the fame fhall either have been refused or unreasonably delayed.
Art. XXIII. The fhips of war of each of the contracting parties fhall, at all times, be hofpitably received in the Ports of the other, their officers and crews paying due respect to the laws and government of the country. The officers fhall be treated with that respect which is due to the Commiffions which they bear; and if any infult should be offered to them by any of the inhabitants, all offenders in this refpect fhall be punished as disturbers of the Peace and Amity between the two countries. And His Majefty confents, that in cafe an American veffel fhould, by ftrefs of weather, danger from enemies, or other misfortunes, be reduced to the neceffity of feeking thelter in any of his Majefty's ports, into which fuch veffel could not in ordinary cafes claim to be admitted, the thall, on manifefting that neceflity to the fatisfaction of the Government of the place, be hofpitably received, and permitted to refit and to purchase at the market price fuch neceffaries as the may ftand in need of, conformably to fuch orders and regulations as the Government of the place, having refpect to circumftances of each case, shall prefcribe. She thall not be allowed to break bulk or unload her cargo, unless the fame fhall be bona fide neceffary to her being refitted; nor fhall the be permitted to fell any part of her cargo, unless so much only as may be neceffary to defray her expenfes, and then not without the exprefs permiffion of the Government of the place; nor thall fhe be obliged to pay any duties whatever, except only on fuch articles as the may be permitted to fell for the purpose aforefaid.
Art. XXIV. It fhall not be lawful for any foreign privateers (not being fubjects or citizens of either of the faid parties) who have commiffions from any other Prince or State in enmity with either nation, to arm their fhips in the ports of either of the faid parties, nor fell what they have taken, nor in any other manner to exchange the fame; nor fhall they be allowed to purchase more provifions than fhall be neceflary for their going to the nearest port of that Prince or State from whom they obtained their commiffions.
Art. XXV. It shall be lawful for the fhips of war and privateers, belonging to the faid parties refpectively, to carry whitherfoever they pleafe the fhips and goods taken from their enemies, without being obliged to pay any to the offices of the Admiralty, or to any judges whatever; nor fhall the faid prizes when they arrive at, and enter the ports of the faid parties, be detained or feized, neither fhall the fearchers or other officers of thofe places vifit fuch prizes (except for the purpose of preventing the carrying of any part of the cargo thereof on fhore, in any manner contrary to the established laws of Revenue, Navigation, or Commerce) nor fhall fuch officers take cognizance of the validity of fuch prizes; but they fhall be at liberty to hoift fail, and depart as fpeedily as may be, and carry their faid prizes to the place mentioned in their commiflions or patents, which the commanders of the faid fhips of war or privateers fhall be obliged to fhew.
No fhelter or refuge fhall be given in their ports to fuch as have made a prize upon the fubjects or citizens of either of the faid parties; but if forced by ftrefs of weather, or the danger of the fea, to enter therein, particular care fhall be taken to haften their departure, and to caufe them to retire as foon as poffible. Nothing in this Treaty contained fhall, however, be conftrued to operate contrary to the former and exifting public treaties with other Sovereigns or States. But the two parties agree, that while they continue in amity, neither of them will in future. make any treaty that fhall be inconfiftent with this or the preceding article.
Neither of the faid parties fhall permit the fhips or goods belonging to the Subjects or Citizens of the other, to be taken within cannon shot of the coaft, nor in any
the bays, ports, or rivers of their territories by fhips of war, or others having commiffion from any Prince, Republic, or State whatever. But in cafe it fhould fo happen, the party, whofe territorial rights thall thus have been violated, fhall ufe his utmost endeavours to obtain from the offending party full and ample fatisfaction for the veffel or veffels fo taken, whether the fame be veffels of war or merchant veffels.
Art. XXVI. If at any time a rupture fhould take place (which God forbid) between His Majefty and the United States, the Merchants and others of each of the two nations refiding in the dominions of the other, shall have the privilege of remaining and continuing their trade, fo long as they behave peaceably, and commit no offence against the laws; and in cafe their conduct fhould tender them fufpected, and the refpective Governments should think proper to order them to remove, the term of twelve months, from the publication of the order, fhall be allowed them for that purpose, to remove with their families, effects, and property; but this favour fhall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared that fuch rupture fhall not be deemed to exift, while negociations for accommodating differences fhall be depending, nor until the refpective Ambaffadors or Minifters, if fuch there fhall be, fhall be recalled, or fent home on account of fuch differences, and not on account of perfonal mifconduct, according to the nature and degrees of which both parties retain their rights, either to request the recall, or immediately to fend home the Ambaffador or Minister of the other; and that without prejudice to their mutual friendship and good understanding.
Art. XXVII. It is further agreed, that His Majesty and the United States, on mutual requifitions, by them respectively, or by their respective Minifters or Officers authorized to make the fame, will deliver up to justice all perfons, who being charged with murder or forgery, committed within the jurifdiction of either, fhall feek an afylum within any of the countries of the other, provided that this fhall only be done on fuch evidence of criminality, as, according to the laws of the place, where the fugi
tive or perfon fo charged fhall be found, would justify his apprehenfion and commitment for trial, if the offence had there been committed. The expenfe of fuch apprehenfion and delivery fhall be borne and defrayed by those who make the requifition and receive the fugitive.
Art. XXVIII. It is agreed, that the first ten articles of this Treaty fhall be permanent, and that the fubfequent articles, except the twelfth, fhall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this Treaty fhall be exchanged, but fully fubject to this condition-that whereas the faid twelfth article will expire, by the limitation therein contained, at the end of two years from the figning the preliminary or other articles of peace which fhall terminate the prefent war in which his Majefty is, engaged, it is agreed, that proper meafures fhall by concert be taken for bringing the fubject of that article into amicable treaty and difcuffion, fo early before the expiration of the faid term, as that new arrangements on that head may by that time be perfected, and ready to take place. But if it fhould unfortunately happen, that his Majefty and the United States fhould not be able to agree on fuch new arrangements, in that cafe all the articles of this Treaty, except the firft ten, fhall then ceafe and expire together.
Laftly. This Treaty, when the fame fhall have been ratified by His Majefty, and by the Prefident of the United States, by and with the advice and confent of their Senate, and the refpective ratifications mutually exchanged, fhall be binding and obligatory on His Majefty, and on the faid States, and shall be by them refpectively executed and observed with punctuality, and the most sincere regard to good faith; and whereas it will be expedient, in order the better to facilitate intercourfe and obviate difficulties, that other articles be propofed and added to this Treaty, which Articles from want of time and other circumftances cannot now be perfected-it is agreed, that the faid parties will, from time to time, readily treat of and concerning fuch articles, and will fincerely endeavour fo to form them, as that they may conduce to mutual convenience, and tend to promote mutual fatisfaction and friendship &
friendfhip; and that the faid Articles, after having been duly ratified, fhall be added to, and make a part of this Treaty. In faith whereof, we, the underfigned Minifters Plenipotentiary of His Majefty the King of Great Britain, and the United States of America, have figned this prefent Treaty, and have caufed to be affixed thereto the Seal of our Arms.