Slike strani

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 invefted; it is agreed, that every veffel focircumftanced 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 fhe 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, beforethe 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 fhall be restored to the owners or proprietors thereof.


Art. XIX. And that more abundant care be taken for the fecurity of the refpective fubjects 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 com. mander, 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 thoufand pounds fterling, to fatisfy all damages and injuries, which the faid privateer, or officers, or men, or any of them, may do or cominit during their cruife, contrary to the tenor of this treaty, or to the laws and inftructions for regulating their con

C$ 2


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 fubjects or citizens of the other party a formal and duly authenticated copy of all the proceedings in the caufe, and of the faid fentence, fhall, if required, be delivered to the commander of the faid veffel without the fmallest delay, he paying all legal fees and demands for the fame.

Art. XX. It is further agreed, that both the said 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 authorised in writing by them (proper evidence being fhewn in the Court of Admiralty for proving the property) even in cafe fuch effects should have paffed into other hands by fale, 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 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 ftate, 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 hall 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 said party to treat and punish the said subject


[ocr errors]

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 reprifal against the other, on complaints of inju ries or damages, until the faid party shall first have prefented to the other a statement thereof, verified by competent proof and evidence, and demanding justice 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 refpect 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 punithed as difturbers 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 circumstances of each cafe, shall prefcribe. She thall not be allowed to break bulk or unload her cargo, unless the fame fhall be bona fide necesfary to her being refitted; nor fhall the be permitted to fell any part of her cargo, unless fo 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 the be obliged to pay any duties whatever, except only on fuch articles as the may be permitted to fell for the purpose aforefaid.


[blocks in formation]

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 ships 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 neceffary for their going to the nearest port of that Prince or State from whom they obtained their commiffions.

Art. XXV. It fhall be lawful for the fhips of war and privateers, belonging to the faid parties refpectively, to carry whitherfoever they please the ships and goods taken from their enemies, without being obliged to pay any fee 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 purpofe 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 cause them to retire as soon 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 fhot of the coaft, nor in any of the

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 should 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 fhall act contrary to the established laws; and for greater certainty, it is declared that fuch rupture shall 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 requeft the recall, or immediately to fend home the Ambaffador or Minifter of the other; and that without prejudice to their mutual friendship and good understanding.

[ocr errors]

Art. XXVII. It is further agreed, that His Majesty and the United States, on mutual requifitions, by them respectively, or by their respective Ministers 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, shall seek 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 fugitive

« PrejšnjaNaprej »