Art 2 The King and the United States engage mutually not to grant hereafter any particular favours to other Nations in respect to commerce and Navigation, which shall not immediately become Common to the Other party, who shall enjoy the same favour freely, if the Concession was freely made, or on allowing the same compensation if the concession was conditional. Art 3 The Subjects of the King of Sweden shall not pay in the ports, havens, Roads, Countries, Islands, cities and Towns of the United States or any of them, any other nor greater duties or imposts of what nature soever they may be, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights liberties, privileges, immunities and exemptions in trade Navigation and Commerce which the said Nations do or shall enjoy whether in passing from one port to another of the United States, or in going to or from the same or to any part of the world whatsoever. Art. 4 The Subjects and Inhabitants of the said United States shall not pay in the ports, havens, Roads, islands, Cities and towns under the dominion of the King of Sweden any other or greater duties or imposts of what nature so ever they may be or by what name so ever called than those which the most favoured Nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, Navigation and Commerce which the said Nations do or shall enjoy whether in passing from one port to another of the Dominion of his said Majesty or in going to or from the same from or to any part of their world whatever. Art 5 There shall be granted a full, perfect and entire liberty of conscience to the inhabitants and Subjects of each party, and no person shall be molested On Account of his worship, provided he submits so far as regards the public demonstration of it to the laws of the Country - Moreover liberty shall be granted, when any of the Subjects or Inhabitants of either party die in the territory of the Other to bury them in Convenient & decent places which shall be Assigned for this purpose. And the two Contracting parties will provide each in its jurisdiction that the subjects and Inhabitants Respectively may obtain certificates of the death in Case the delivery of them is desired. The Subjects of the contracting parties in the respective States may freely dispose of their Goods & effects either by testament, donation or Otherwise in favour of such persons as they may think proper; and their heirs in whatever places they shall reside, shall receive the succession even ab intestato either in person or by their Attorney without having Occasion to take out letters of Naturalization. These inheritances as well as the Capital & effects, which the Subjects of the two parties, in changing their abode shall be desirous of removing from the place of their abode, shall be exempted from all duty called "droit de detraction" on the part of the government of the two States respectively. But it is at the same time agreed that nothing contained in this Article shall in any manner derogatre from the Ordinances published in Sweden against Emigrations or which may hereafter be published, which shall remain in full force & vigor. The United States on their part or any of them shall be at liberty to make respecting this matter such laws as they think proper. Art 7 All and every of the Subjects inhabitants of the Kingdom of Sweden as well as those of the United States should be permitted to navigate with their Vessels in all safety & freedom and without any Regard to those to whom the Merchandizes & cargoes may belong from any port whatever. And the Subjects and Inhabitants of the two States shall likewise be permitted to sail and trade with their Vessels and with the same liberty and safety to frequent the places, ports and havens of powers, enemies to both or either of the contracting parties, without being in anywise molested or troubled, and to carry on a commerce not only directly from the of ports of an Enemy to a neutral port, but even from one port of an Enemy to another port of an Enemy, whether it be under the jurisdiction of the same. or of different princes. And as it is acknowledged by this treaty with respect to Ships and Merchandizes that free Ships shall make the Merchandizes free, and that everything which should be on board of Ships belonging to Subjects of the One or the Other of the contracting parties shall be considered as free even though the cargo or a part of it should belong to the Enemies of one or both, it is nevertheless provided that contraband goods shall always be excepted, which being intercepted shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons who may be on board a free Ship with this effect that although they be enemies to both or either of the parties they shall not be taken out of the free Ship unless they are Soldiers in the Actual Service of the said Enemies. Art 8 This liberty of Navigation & commerce shall extend to all kinds of Merchandizes except those Only which are expressed in the following Article & are distinguished by the name of Contraband Goods. Art 9 Under the name of Contraband or prohibited goods shall be comprehended, Arms, Great Guns, Cannon balls, Arquebuses, Musquets, bombs [Mortars], petards, Granadoes, Saucisses, pitch Balls, Carriages for Ordnance, Musquet rests, bandoliers, cannon powder, Matches, Saltpetre, Sulpher, bullets, pikes, Sabres, Swords, Morions, helmets, Cuirasses, halbards, Javelins, Pistols, and their Holsters, Belts, Bayonets, horses, with their harness and all other like kinds of arms and Instruments of War for the use of troops. Art 10 Those which follow shall not be Reckoned in the number of prohibited goods, that is to say, all sorts of cloaths, and all other manufactures of wool, flax, Silk, Cotton, or any other Materials, all kinds of wearing Apparel, together with the things of which they are commonly made; Gold, silver coined or uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse, Tobacco, all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, Oyl, wines, Sugar, all sorts of salt and provisions which serve for the Nourishment and sustenance of man, all kinds of Cotton, hemp, flax, tar, pitch, ropes, Cables, Sails, Sail cloth, Anchors and any parts of Anchors, Ship-Masts, planks, boards, beams and all sorts of trees & other things proper for building or repairing ships; nor shall any goods be considered as contraband; which have not been worked into the form of any instrument or thing for the purpose of War by land or by Sea, much less such as have been prepared or wrought up for any other use. All which shall be Reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing Article; so that they shall not by any pretended interpretation, be comprehended among prohibited or contraband goods, on the contrary they may be freely transported by the Subjects of the King and of the United States even to places belonging to an Enemy such places only excepted as are besieged, blocked, or invested, & those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers. Art 11 In order to avoid and prevent on both sides all disputes and discord, it is Agreed that in case one of the parties shall be engaged in a war, the Ships & Vessels belonging to the Subjects or Inhabitants of the other shall be furnished with Sea letters or passports Expressing the Name, property and port of the Vessel, and also the name and place of abode of the Master or commander of the said Vessel, in order that it may thereby appear that the said Vessel really and truly belongs to the Subjects of the One or the Other party. These passports which shall be drawn up in good and due form shall be Renewed everytime the Vessel returns home in the course of the Year. It is also agreed that the said Vessels when loaded shall be provided not only with Sea letters but also with certificates containing a particular account of the cargo, the place from which the Vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandizes, mentioned in the 9 Article of the present treaty; which certificates shall be made out by the Officers of the place from which the Vessel shall depart. Art 12 Although the Vessels of the One and of the other party may navigate freely and with all safety as is explained in the 7 Article, they shall nevertheless be bound at all times when required, to exhibit as well on the high Sea as in port, their passports and certificates above mentioned. And not having contraband Merchandize on board for an Enemy's port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless the exhibition of papers shall not be demanded of Merchant Ships under the convoy of Vessels of War; but Credit shall be given to the word of the Officer Commanding the Convoy. Art 13 If on producing the said certificates it be discovered that the Vessel carries some of the goods which are declared to be prohibited or contraband & which are consigned to an Enemy's port - it shall not however be lawful to break up the hatches of such Ships, nor to Open any chest, coffers, packs, casks, or vessels, nor to Remove or displace the smallest part of the merchandizes until the cargo has been landed in the presence of Officers appointed for the purpose and until an Inventory thereof has been taken. Nor shall it be lawful to sell, Exchange, or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandizes, and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the Ships themselves as the other Merchandizes which shall have been found therein, which by Virtue of this present treaty are to be Esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandize & much less confiscated as lawful prize. And in case the contraband merchandize be only a part of the cargo, and the master of the Vessel agrees, consents & offers to deliver them to the Vessel that has discovered them, in that case the latter after receiving the Merchandizes which are good prize shall immediately let the Vessel go & shall not by any means hinder her from pursuing her Voyage to the place of her destination. When a Vessel is taken & brought into any of the ports of the contracting parties, if upon Examination she be found to be loaded only with Merchandizes declared to be free the owner or he who has made the prize shall be bound to pay all costs & damages to the Master of the Vessel unjustly detained.— Art: 14 It is likewise agreed that whatever shall be found to be laden by the Subjects of either of the two contracting parties on a Ship belonging to the Enemies of the other party the whole effects, although not of the number of those declared contraband shall be confiscated as if they belonged to the Enemy excepting nevertheless such goods and Merchandizes as were put on board before the declaration of war, and even six months after the declaration, after which term none shall be presumed to be ignorant of it, which Merchandizes shall not in any manner be subject to Confiscation, but shall be faithfully and specifically delivered to the owners who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds if the claim be made within eight months and could not be made sooner after the sale, which is to be public: Provided nevertheless that if the said merchandizes be contraband it shall not be in any wise lawful to carry them afterward to a port belonging to the Enemy. Art 15 And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by the men of war of the other party or by Privateers all Captains and Commanders of Ships of his Swedish Majesty and of the United States & all their Subjects shall be forbidden to do any injury or Damage to those of the other party, and if the Act to the Contrary, having been found guilty on Examination by their proper judges they shall be bound to make satisfaction for all damages & the interest thereof, and to make them good under pain & obligation of their persons & goods. Art 16 For this cause every individual who is desirous of fitting out a privateer shall before he Receives letters patent or Special Commission be Obliged to give bond with sufficient sureties, before a Competent judge for a sufficient sum to answer all damages and wrongs which the Owner of the Privateer his Officers or others in his employ may Commit during the Cruize contrary to the tenor of this treaty, and contrary to the Edicts published by either party, whether by the King of Sweden or by the United States in virtue of this same treaty & also under the penalty of having the said letters patent & special commission Revoked and made void. — Art: 17 One of the contracting parties being at War & the other Remaining neuter if it should happen that a Merchant Ship of the neutral power be taken by the Enemy of the other party & be afterwards retaken by a Ship of War or Privateer of the power at War, also Ships & Merchandizes of what nature soever they may be when recovered from a pirate or Sea-Rover, shall be brought into a port of one of the two powers and shall be |