ciprocity, relative to the ftipulations contained in the present article: but it is at the fame time agreed, that its contents fhall not affect the laws made, or that may be made hereafter in France, against emigrations, which shall remain in all their force and vigour; and the United States, on their part, or any of them, fhall be at liberty to enact fuch laws, relative to that matter, as to them fhall feem proper.

ARTICLE XII.

The merchant-ships of either of the parties, which fhall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the fpécies of goods on board her there fhall be just grounds of fufpicion, fhall be obliged to exhibit, as well upon the high feas as in the ports and havens, not only her paffports, but likewise certificates, expressly fhewing that her goods are not of the number of those which have been prohibited as contraband.

ARTICLE XIII.

If, by exhibiting of the above faid certificates, the other party discover there are any of those forts of goods which are prohibited and declared contraband, and configned for a

port

port under the obedience of his enemy, it shall not be lawful to break up the hatches of fuch ship, or to open any cheft, coffers, packs, cafks, or any other veffel found therein, or to remove the smallest parcel of her goods, whether fuch ship belong to the subjects of France or the inhabitants of the faid United States, unless the lading be brought on fhore, in the prefence of the Officers of the Court of Admiralty, and an inventory thereof made ; but there shall be no allowance to fell, exchange, or alienate the fame in any manner, until that after due and lawful process fhall have been had against such prohibited goods, and the Court of Admiralty fhall, by a fentence pronounced, have confifcated the fame, faving always as well the fhip itself, as any other goods found therein, which by this Treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confifcated as lawful prize. But if not the whole cargo, but only part thereof shall confist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the

captor

captor who has difcovered them; in fuch cafe the captor having received thofe goods, fhall forthwith discharge the fhip, and not hinder her by any means freely to profecute the voyage on which she was bound. But in cafe the contraband merchandizes cannot be all received on board the veffel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the veffel into the nearest port, agreeable to what is above directed.

ARTICLE 14.

On the contrary, it is agreed, that whatever fhall be found to be laden by the fubjects and inhabitants of either party, or any fhip belonging to the enemies of the other, or to their fubjects, the whole, although it be not of the fort of prohibited goods, may be confifcated in the fame manner as if it belonged to the enemy, except fuch goods and merchandize as were put on board fuch ship before the declaration of war, or even after fuch declaration, if fo be it were done without knowledge of fuch declaration; fo that the goods of the subjects and people of either party,

whether

whether they be of the nature of fuch as are prohibited or otherwife, which, as is aforefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, without the knowledge of it, fhall no ways be liable to confiscation, but shall well and truly be reftored without delay to the proprietors demanding the fame ; but fo as that if the faid merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the term of two months being paffed after the declaration of war, their respective fubjects, from whatever part of the world they come, fhall not plead the ignorance mentioned in this article.

ARTICLE XV.

And that more effectual care may be taken for the fecurity of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other party, all the commanders of the ships of his Moft Christian Majefty and of the faid United States, and all their fubjects and inhabitants, fhall be

1

forbid doing any injury or damage to the other fide; and if they act to the contrary they shall be punished, and fhall moreover be bound to make fatisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their perfons and goods.

ARTICLE XVI.

All fhips and merchandize of what nature foever, which fhall be refcued out of the hands of any pirates or robbers on the high feas, fhall be brought into fome port of either State, and fhall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as foon as due and fufficient proof fhall be made concerning the property thereof.

ARTICLE XVII.

It shall be lawful for the ships of war of either party, and privateers, freely to carry whitherfoever they please the fhips and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty, or any other judges; nor fhall fuch prizes be arrested or feized when they come to and enter the port of each party; nor fhall the fearchers

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