their patents and special commissions revoked and annulled.

Art. 33. And when the quality of the ship, goods, and master, shall sufficiently appear, from such passports and certificates, it shall not be lawful for the commanders of men of war to exact any further proof under any pretext whatsoever. But if any merchant ship shall not be provided with such passports or certificates, then it may be examined by a proper judge, but in such manner as, if it shall be found, from other proofs and documents, that it truly belongs to the subjects of one of the Sovereigns, and does not contain any contraband goods, designed to be carried to the enemy of the other, it shall not be liable to confiscation, but shall be released, together with its cargo, in order to proceed on its voyage.

If the master of the ship named in the passports should happen to die, or be removed by any other cause, and another put in his place, the ships and goods laden thereon shall nevertheless be equally secure, and the passports shall remain in full force.

Art. 34. It is further provided and agreed, that the ships of either of the two nations, re-taken by the privateers of the other, shall be restored to the former owner, if they have not been in the power of the enemy for the space of 24 hours, subject to the payment, by the said owner, of one-third of the value of the ship retaken, and of its cargo, guns, and apparel; which third part shall be amicably adjusted by the parties concerned; but if not, and in case they should disagree, they shall make application to the officers of the Admiralty of the place where the privateer which re took the captured vessel shall have carried her.

If the ship re-taken has been in the power of the enemy above 24 hours, she shall wholly belong to the privateer which re-took her.

of such ship, and of its cargo, guns, and apparel, if it was re-taken within the 24 hours, and the 10th part, if it was re-taken after the 24 hours; which sums shall be distributed, as a reward, amongst the crews of the ships which shall have retaken such prize. The valuation of the 30th and 10th parts above mentioned shall be settled conformably to the regulations in the beginning of this article.

Art. 35. Whensoever the ambassadors of either of their said Majesties, or other their ministers having a public character, and residing at the court of the other Prince, shall complain of the injustice of the sentences which have been given, their Majesties shall respectively cause the same to be revised and re-examined in their councils, unless their councils should have already decided thereupon, that it may appear, with certainty, whether the directions and provisions prescribed in this Treaty have been followed and observed. Their Majesties shall likewise take care that this matter be effectually provided for, and that justice be done to every complainant within the space of three months. However, before or after judgment given, and pending the revision thereof, it shall not be lawful to sell the goods in dispute, or to unlade them, unless with the consent of the persons concerned, for preventing any kind of loss; and laws shall be enacted on both sides for the execution of the present article.

Art. 36. If any differences shall arise respecting the legality of prizes, so that a judicial decision should become necessary, the judge shall direct the effects to be unladen, an inventory and appraisement to be made thereof, and security to be required respectively from the captor for paying the costs, in case the ship should not be declared lawful prize; and from the claimant for paying the value of the prize, in case it should be declared lawful; which securities being given by both parties, the prize shall be delivered up to the claimant. But if the claimant should refuse to give sufficient security, the judge shall direct the prize to be delivered to the captor, after having received from him good and sufficient security for paying the full value of the said prize, in case it should be adjudged illegal. Nor shall the execution

of the sentence of the judge be suspended by reason of any appeal, when the party against whom such appeal shall be brought, whether claimant or captor, shall have given sufficient security for restoring the ship or effects, or the value of such ship or effects, to the appellant, in case judgment should be given in his favour.

Art. 37. In case any ships of war or merchantmen, forced by storms or other accidents, be driven on rocks or shelves, on the coasts of either of the high contracting parties, and should there be dashed to pieces and shipwrecked, all such parts of the said ships, or of the furniture or apparel thereof, as also of the goods and merchandizes, as shall be saved, or the produce thereof, shall be faithfully restored upon the same being claimed by the proprietors, or their factors, duly authorized, paying only the expenses incurred in the preservation thereof, according to the rate of salvage settled on both sides; saving at the same time the rights and customs of each nation, the abolition or modification of which shall however be treated upon, in the cases where they shall be contrary to the stipulations of the present Article; and their Majesties will mutually interpose their authority, that such of their subjects, as shall be so inhuman as to take advantage of any such misfortune, may be severely punished.

Art. 38. It shall be free for the subjects of each party to employ such advocates, attornies, notaries, solicitors, and factors, as they shall think fit; to which end the said advocates and others above mentioned shall be appointed by the ordinary judges, if it be needful, and the judges be thereunto required.

Art. 39. And for the greater security and liberty of commerce and navigation, it is further agreed, that both the King of Great Britain, and the Most Christian King, shall not only refuse to receive any pirates or sea rovers whatsoever into any of their havens, ports, cities, or towns, or permit any of their subjects, citizens, or inhabitants, on either part, to receive or protect them in their ports, to harbour them in their houses, or to assist them in any manner whatsoever; but further, they shall cause all such pirates and sea rovers, and all persons who shall receive, conceal, or assist them, to be brought to condign punishment, for a terror and example to others. And all their ships, with the goods or merchandizes taken by them,

and brought into the ports of either kingdom, shall be seized as far as they can be discovered, and shall be restored to the owners, or their factors duly authorized or deputed by them in writing, proper evidence being first given in the court of Admiralty, for proving the property, even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or might have known, that they had been piratically taken. And generally all ships and merchandizes, of what nature soever, which may be taken on the high seas, shall be brought into some port of either kingdom, and delivered into the custody of the officers of that port, that they may be restored entire to the true proprietor, as soon as due and sufficient proof shall have been made concerning the property thereof.

Art. 40. It shall be lawful, as well for the ships of war of their Majesties, as for privateers belonging to their subjects, to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fee to the officers of the Admiralty, or to any judges whatever; nor shall the said prizes, when they arrive at and enter the ports of their said Majesties, be detained or seized; neither shall the searchers, or other offi cers of those places, visit or take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail at any time, to depart, and to carry their prizes to the place mentioned in the commissions or patents, which the commanders of such ships of war shall be obliged to shew; on the contrary, no shelter or refuge shall be given in their ports to such as have made a prize upon the subjects of either of their Majesties; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire from thence as soon as possible, as far as it is not repugnant to former treaties made in this respect with other sovereigns or states.

Art. 41. Neither of their said Majesties shall permit the ships or goods belonging to the subjects of the other to be taken within cannon shot of the coast, or in the ports or rivers of their dominions, by ships of war, or others having commission from any prince, republic, or city whatsoever: but in case it should so happen, both parties shall employ their united force to obtain reparation of the damage thereby occasioned.

Art. 42. If it be proved that the captor made use of any kind of torture upon the master of the ship, the crew, or others who shall be on board any ship belonging to the subjects of the other party, in such case not only the ship itself, together with the persons, merchandizes, and goods whatsoever, shall be forthwith released, without any delay, and set entirely free, but also such as shall be convicted of so enormous a crime, together with their accomplices, shall suffer the most severe punishment suitable to their offences: this the King of Great Britain and the Most Christian King mutually engage shall be observed, without any respect of persons whatsoever.

Art. 43. Their Majesties shall respectively be at liberty, for the advantage of their subjects trading to the kingdoms and dominions of either of them, to appoint therein national consuls, who shall enjoy the right, immunity, and liberty belonging to them, by reason of their duties and their functions; and places shall hereafter be agreed upon where the said consuls shall be established, as well as the nature and extent of their functions. The Convention relative to this point shall be concluded immediately after the signature of the present Treaty, of which it shall be deemed to constitute a part.

Art. 44. It is also agreed, that in whatever relates to the lading and unlading of ships, the safety of merchandize, goods, and effects, the succession to personal estates, as well as the protection of indi. viduals and their personal liberty, as also the administration of justice, the subjects of the two high contracting parties shall enjoy in their respective dominions the same privileges, liberties, and rights, as the most favoured nation.

Art. 45. If hereafter it shall happen, through inadvertency or otherwise, that any infractions or contraventions of the present Treaty should be committed on either side, the friendship and good understanding shall not immediately thereupon be interrupted; but this Treaty shall subsist in all its force, and proper remedies shall be procured for removing the inconveniencies, as likewise for the reparation of the contraventions: and if the subjects of either kingdom shall be found guilty thereof, they only shall be punished and severely chastised.

Art. 46. His Britannic Majesty and his Most Christian Majesty have reserved the right of revising and re-examining the

several stipulations of this Treaty, after the term of twelve years, to be computed from the day of passing laws for its execution in Great Britain and Ireland respectively, to propose and make such alterations as the times and circumstances may have rendered proper or necessary for the commercial interests of their respective subjects; and this revision is to be completed in the space of twelve months; after which term the present Treaty shall be of no effect, but in that event, the good harmony and friendly correspondence between the two nations shall not suffer the least diminution.

Art. 47. The present Treaty shall be ratified and confirmed by his Britannic Majesty and by his Most Christian Majesty, in two months, or sooner, if it can be done, after the exchange of signatures between the plenipotentiaries.

In witness whereof, we the undersigned commissaries and plenipotentiaries of the King of Great Britain and the Most Christian King have signed the present Treaty with our hands, and have set thereto the seals of our arms.-Done at Versailles, the 26th of September, 1786.

WM. EDEN. (L. S.)

GERARD DE RAYNEVAL. (L. S.) FORM of the Passports and Sea-Letters which are to be granted by the respective Admiralties of the dominions of the two High Contracting Parties, to the Ships and Vessels sailing from thence, pursuant to the 24th Article of the present Treaty.

tons

N. N. To all who shall see these presents, greeting. Be it known that we have granted licence and permission to N. of the city (or place) of N. master or commander of the ship N. belonging to N. of the port of N. burthen or thereabouts, now lying in the port or haven of N. to sail to N. laden with N. the said ship having been examined before her departure, in the usual manner, by the officers of the place appointed for that purpose. And the said N. or such other person as shall happen to succeed him, shall produce this licence in every port or haven which he may enter with his ship, to the officers of the place, and shall give a true account to them of what shall have passed or happened during his voyage; and he shall carry the colours, arms, and ensigns of N. during his voyage.

In witness whereof, we have signed these presents, and set the seal of our arms

thereto, and caused the same to be countersigned by N. at day of in the year, &c. &c.

Copy of the Convention with Spain.] Mr. Pitt also presented by his Majesty's command,

TRANSLATION of the Convention between his Majesty and the King of Spain. Signed at London, 14th July 1786. The Kings of England and of Spain, animated with the same desire of consolidating, by every means in their power, the friendship so happily subsisting between them and their kingdoms, and wishing, with one accord, to prevent even the shadow of misunderstanding which might be occasioned by doubts, misconceptions, or other causes of disputes between the subjects on the frontiers of the two monarchies, especially in distant countries, as are those in America, have thought proper to settle, with all possible good faith, by a new convention, the points which might one day or other be productive of such inconveniencies, as the experience of former times has very often shewn. To this end, the King of Great Britain has named the most noble and most excellent lord Francis, baron Osborne of Kiveton, marquis of Carmarthen, his Britannic Majesty's Privy Counsellor, and principal Secretary of State for the department of Foreign Affairs, &c.; and the Catholic King has likewise authorized Don Bernardo del Campo, Knight of the noble Order of Charles the 3rd, Secretary of the same Order, Secretary of the Supreme Council of State, and his Minister Plenipotentiary to the King of Great Britain: who having communicated to each other their respective full powers, prepared in due form, have agreed upon the following Articles:

Art. I. His Britannic Majesty's subjects, and the other colonists who have hitherto enjoyed the protection of England, shall evacuate the country of the Mosquitos, as well as the continent in general, and the islands adjacent, without exception, situated beyond the line herein. after described, as what ought to be the frontier of the extent of territory granted by his Catholic Majesty to the English, for the uses specified in the 3rd Article of the present Convention, and in addition to the country already granted to them in virtue of the stipulations agreed upon by the commissaries of the two Crowns in 1783.

Art. 2. The Catholic King, to prove, on his side, to the King of Great Britain, the sincerity of his sentiments of friendship towards his said Majesty, and the British nation, will grant to the English more extensive limits than those specified in the last Treaty of Peace: and the said limits of the lands added by the present Convention shall for the future be understood in the manner following:

The English line, beginning from the sea, shall take the center of the river Sibun or Jabon, and continue up to the source of the said river; from thence it shall cross in a strait line the intermediate land, till it intersects the river Wallis; and by the center of the same river, the said line shall descend to the point where it will meet the line already settled and marked out by the commissaries of the two Crowns in 1783: which limits, following the continuation of the said line, shall be observed as formerly stipulated by the Definitive Treaty.

Art. 3. Although no other advantages have hitherto been in question, except that of cutting wood for dying, yet his Catholic Majesty, as a greater proof of his disposition to oblige the King of Great Britain, will grant to the English the liberty of cutting all other wood, without even excepting mahogany, as well as gathering all the fruits, or produce of the earth, purely natural and uncultivated, which may besides, being carried away in their natural state, become an object of utility or of commerce, whether for food or for manufactures: but it is expressly agreed, that this stipulation is never to be used as a pretext for establishing in that country any plantation of sugar, coffee, cocoa, or other like articles, or any fabric or manufacture, by means of mills or other machines whatsoever (this restriction however does not regard the use of saw mills, for cutting or otherwise preparing the wood); since all the lands in question being indisputably acknowledged to belong of right to the Crown of Spain, no settlements of that kind, or the population which would follow, could be allowed. The English shall be permitted to transport and convey all such wood, and other produce of the place, in its natural and uncultivated state, down the rivers to the sea, but without ever going beyond the limits which are prescribed to them by the stipulations above granted, and without thereby taking an opportunity of ascending the said rivers beyond their bounds, into the countries belonging to Spain.

the last Treaty of 1783, for the entire preservation of the right of the Spanish sovereignty over the country, in which is granted to the English only the privilege of making use of the wood of the different kinds, the fruits and other produce, in their natural state, are here confirmed; and the same restrictions shall also be ob served with respect to the new grant. In consequence, the inhabitants of those countries shall employ themselves simply in the cutting and transporting of the said wood, and in the gathering and transporting of the fruits, without meditating any more extensive settlements, or the formation of any system of government, either military or civil, further than such regulations as their Britannic and Catholic Majesties may hereafter judge proper to establish, for maintaining peace and good order amongst their respective subjects.

Art. 4. The English shall be permitted to occupy the small island known by the names of Casina, St. George's Key, or Cayo Casina, in consideration of the circumstance of that part of the coasts opposite to the said island being looked upon as subject to dangerous disorders; but this permission is only to be made use of for purposes of real utility: and as great abuses, no less contrary to the intentions of the British government, than to the essential interests of Spain, might arise from this permission, it is here stipulated, as an indispensable condition, that no fortification, or work of defence whatever, shall at any time be erected there, nor any body of troops posted nor any piece of artillery kept there; and in order to verify with good faith the accomplishment of this condition sine qua non (which might be infringed by individuals, without the knowledge of the British Government) a Spanish officer or commissary, accom panied by an English commissary or officer, duly authorized, shall be admitted, twice a year, to examine into the real situation of things.

Art. 5. The English nation shall enjoy the liberty of refitting their merchant ships in the southern triangle included between the point of Cayo Casina and the cluster of small islands which are situated opposite that part of the coast occupied by the cutters, at the distance of eight leagues from the river Wallis, seven from Cayo Casina, and three from the river Sibun; a place which has always been found well adapted to that purpose. For which end, the edifices and storehouses absolutely necessary for that service shall be allowed to be built; but in this concession is also included the express condition of not erecting fortifications there at any time, or stationing troops, or constructing any military works; and in like manner it shall not be permitted to station any ships of war there, or to construct an arsenal, or other building, the object of which might be the formation of a naval establishment.

Art. 6. It is also stipulated, that the English may freely and peaceably catch fish on the coast of the country assigned to them by the last Treaty of Peace, as also of that which is added to them by the present convention; but without going beyond their boundaries, and confining themselves within the distance specified in the preceding Article.

Art. 7. All the restrictions specified in [VOL. XXVI.]

Art. 8. As it is generally allowed that the woods and forests are preserved, and even multiply, by regular and methodical cuttings, the English shall observe this maxim, as far as possible; but if, notwithstanding all their precautions it should happen in course of time that they were in want of dying wood, or mahogany, with which the Spanish possessions might be provided, the Spanish government shall make no difficulty to furnish a supply to the English, at a fair and reasonable price.

Art. 9. Every possible precaution shall be observed to prevent smuggling; and the English shall take care to conform to the regulations which the Spanish government shall think proper to establish amongst their own subjects, in all communications which they may have with the latter'; on condition nevertheless that the English shall be left in the peaceable enjoyment of the several advantages inserted in their favour in the last Treaty, or stipulated by the present convention.

Art. 10. The Spanish governors shall be ordered to give to the said English dispersed, all possible facilities for their removal to the settlements agreed upon by the present convention, according to the stipulations of the 6th Article of the Definitive Treaty of 1783, with respect to the country allotted for their use by the said Article.

Art. 11. Their Britannic and Catholic Majesties, in order to remove every kind of doubt with regard to the true construction of the present convention, think it necessary to declare that the conditions of the said convention ought to be observed [S]