aforesaid to sail with their ships and merchandises aforementioned, and to trade with the same liberty and security from the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same prince, or under several. And it is hereby stipulated, that free ships shall also give a freedom to goods; and that every thing shall be deemed to be free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers, and in actual service of the enemies.

ARTICLE XXVI.

This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs with their fusees, and other things belonging to them, cannon

ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granadoes, saltpetre, muskets, musketballs, bucklers, helmets, breastplates, coats of mail, and the like kind of arms proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandises which follow shall not be reckoned among contraband or prohibited goods, that is to say, all sorts of cloths and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals, as also wheat and barley, and any other kind of corn and pulse, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oil, wines, sugars, and all sorts of salts, and, in general, all provisions which serve for the nourishment of mankind and the sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloths, anchors and any parts of anchors, also ships' masts, planks, boards, and beams, of what trees soever, and all other things proper either for building or repairing ships, and all other goods whatever, which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought, and made up for any other use; all which shall be wholly reckoned among free goods; as likewise all other merchandises and things which are not comprehended, and particularly mentioned in the foregoing enumeration of con

traband goods; so that they may be transported and carried in the freest manner, by the subjects of both confederates, even to places belonging to an enemy; such towns or places being only excepted, as are at that time besieged, blocked up, or invested.

ARTICLE XXVII.

To the end that all manner of dissentions and quarrels may be avoided and prevented, on one side and the other, it is agreed, that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with sea letters, or passports, expressing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties; which passport shall be made out and granted according to the form annexed to this treaty they shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year. It is likewise agreed, that such ships being laden, are to be provided, not only with passports, as abovementioned, but also with certificates containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, so that it may be known whether any forbidden or contraband goods be on board of the same; which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form. And if any one shall think it fit, or advisable, to express in the said

certificates the persons to whom the goods belong, he may freely do so.

ARTICLE XXVIII.

The ships of the subjects and inhabitants of either of the parties, coming upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes, or break bulk, they shall be treated according to the general rules prescribed, or to be prescribed, relative to the object in question.

ARTICLE XXIX.

If the ships of the subjects, people or inhabitants of either of the parties shall be met with sailing along the coasts, or on the high seas, by any ship of war of the other, or by any privateer, the said ship of war, or privateer, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty ; and the ship, when she shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her, in any manner, or to give her chase, or force her to quit her intended course.

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ARTICLE XXX.

It is also agreed, that all goods, when once put on board the ships and vessels of either of the two contracting parties, shall be subject to no further visitation, but all visitation, or search, shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice. Nor shall either the persons or goods of the subjects of his most christian majesty, or the United States, be put under any arrest, or molested by any other kind of embargo for that cause; and only the subject of that state to whom the said goods have been, or shall be prohibited, and who shall presume to sell, or alienate such sort of goods, shall be duly punished for the of fence.

ARTICLE XXXI.

The two contracting parties grant, mutually, the liberty of having each in the ports of the other, consuls, vice-consuls, agents and commissaries, whose functions shall be regulated by a particular agreement.

ARTICLE XXXII.

And the more to favour and facilitate the commerce which the subjects of the United States may have with France, the most christian king will grant them, in