her there fhall be juft grounds of fufpicion, fhall be obliged to exhibit, as well upon the high feas, as in the ports and havens, not only her paflports, but likewife certificates, exprefsly fhewing that her goods are not of the number of thofe which have been prohibited as contraband.

Art. 13. If, by exhibiting of the above-faid certificates, the other party difcover there are any of thofe forts of goods which are prohibited and declared contraband, and configned for a port under the obedience of his enemy, it fhall not be lawful to break up the hatches of fuch fhip, 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 fhip belong to the fubjects 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 fhall be no allowance to fell, exchange, or alienate the fame in any manner, until that after duc and lawful procefs fhall have been had against fuch prohibited goods, and the court of admiralty fhall, by a fentence pronounced, have confifcated the fame, faving always as well the fhip itfelf, as any other goods found therein, which by this treaty are to be efteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much lefs fhall they be confifcated as lawful prize; but if not the whole cargo, but only part thereof shall confift of prohibited or contraband goods, and the commander of the fhip fhall be ready and willing to deliver them to the captor who has difcovered them, in fuch case the captor having received thofe goods, fhall forthwith difcharge the faip, and not hinder her by any means freely to profecute the voyage on which the 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 neareft port, agreeable to what is above directed.

Art. 14. On the contrary it is agreed, that whatever shall be found to be laden by the fubjects and inhabitants of either party on 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 fhip before the declaration of war, or even after fuch declaration, if to be it were done without knowledge of fuch declaration; fo that the goods of the fubjects and people of either párty, 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 confifcation, but fhall well and truly be

reftored

reftored without delay to the proprietors demanding the fame; but fo as that if the faid merchandizes be contraband, it fhall 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. Art. 15. And that more effectual care may be taken for the fecurity of the fubjects and inhabitants of both parties, that they fuffer no injury by the men of war or privateers of the other party, all the commanders of the ships of his moft chriftian majefty and of the faid united states, and all their fubjects and inhabitants, fhall be forbid doing any injury or damage to the other fide; and if they act to the contrary they fhall be punished, and fhall moreover be bound to make fatisfaction for all matter of damage, and the intereft thereof, by reparation, under the pain and obligation of their perfons and goods.

Art. 16. 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 cuftody of the officers of that port, in order to be restored intire to the true proprietor, as foon as due and fufficient proof fhall be made concerning the property thereof. Art. 17. It fhall be lawful for the fhips of war of either party, and privateers, freely to carry whitherfoever they please the hips 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 seized when they come to and enter the port of each party; nor hall the fearchers or other officers of thofe places fearch the fame, or make examination concerning the lawfulness of fuch prizes; but they may hoift fail at any time, and depart and carry their prizes to the places expreffed in their commiflions, which the commanders of fuch fhips of war fhall be obliged to fhew: On the contrary, no fhelter or refuge fhall be given in their ports to fuch as fhall have made prizes of the fubjects, people, or property of either of the parties; but if fuch fall come in, being forced by stress of weather, or the danger of the fea, all proper means fhall be vigorously ufed, that they go out and retire from thence as foon as poffible.

Art. 18. If any fhip belonging to either of the parties, their people, or fubjects, fhall within the coafts or dominions of the other, ftick upon the fands, or be wrecked or suffer any other damage, all friendly affiftance and relief shall be given to the perfons fhipwrecked, or fuch as fhall be in danger thereof. And letters of safe conduct shall likewife be given to them for their free

and quiet paffage from thence, and the return of every one > to his own country.

Art. 19. In cafe the fubjects and inhabitants of either party, with their fhipping, whether public and of war, or private and of merchants, be forced through ftrefs of weather, purfuit of pirates or enemies, or any other urgent neceffity, for feeking of shelter and harbour, to retreat and enter into any of the rivers, bays, roads, cor ports belonging to the other party, they fhall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they fhall be permitted to refresh and provide them felves at reasonable rates with victuals, and all things needful for the fuftenance of their perfons, or reparation of their fhips, and conveniency of their voyage, and they fhall no ways be detained or hindered from returning out of the faid ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

Art. 20. For the better promoting of commerce on both fides, it is agreed, that if a war fhould break out between the faid two nations, fix months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for felling and tranfporting their goods and merchandizes; and if any thing be taken from them, or any injury be done them within that term, by either party, or the people or fubjects of either, full fatisfaction fhall be made for the fame.

Art. 21. No fubject of the moft chriftian king fhall apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the faid united ftates or any of them, or against the fubjects, people, or inhabitants of the said united states or any of them, or against the property of any of the inhabitants of any of them from any prince or state with which the united states fhall be at war; nor fhall any citizen, subject, or inhabitant of the faid united states or any of them, apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the subjects of the most christian king, or any of them, or the property of any of the inhabitants of any of them from any prince or state with which the united states fhall be at war; nor fhall any citizen, fubject, or inhabitant of the faid united ftates or any of them, apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the fubjects of the most chriftian king, or any of them, or the property of any of them, from any prince or state with which the faid king fhall be at war; and if any perfon of either nation fhall take fuch commiffion or letters of marque, he shall be punished as a pirate.

Art. 22. It fhall not be lawful for any foreign privateers, not belonging to the fubjects of the most christian king, nor citizens of the faid united states, who have commiffion from any other prince or state at enmity with either nation, to fit their fhips in the ports of either the one or the other of the aforefaid parties,

2

parties, to fell what they have taken, or in any other manner whatfoever to exchange their fhips, merchandizes or any other lading; neither fhall they be allowed even to purchase victuals, except fuch as fhall be neceffary for their going to the next port of that prince or ftate from which they have commiffions.

Art. 23. It fhall be lawful for all and fingular the fubjects of the most chriftian king, and the citizens, people and inhabitants of the faid united states, to fail with their fhips with all manner of liberty and fecurity, no diftinction being made who are the proprietors of the merchandize laden thereon, from any port to the places of those who now are or hereafter fhall be at enmity with the most chriftian king or the united ftates. It fhall likewife be lawful for the fubjects and inhabitants aforefaid, to fail with the fhips and merchandizes aforementioned, and to trade with the fame. liberty and fecurity from the places, ports, and havens of those who are enemies of both or either party, without any oppofition or difturbance whatfoever, not only directly from the places of the enemy aforementioned to neutral places, but alfo from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurifdiction of the fame prince or under feveral. And it is hereby ftipulated, that free fhips thall alfo have a freedom to goods, and that every thing fhall be deemed free and exempt which fhall be found on board the fhips belonging to the fubjects of either of the confederates, although the whole lading or any part thereof fhould appertain to the enemies of either, contraband goods being always excepted. It is alfo agreed in like manner, that the fame liberty be extended to persons who are on board a free fhip, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free fhip, unless they are foldiers and in actual fervice of

the enemies.

Art. 24. This liberty of navigation and commerce fhall extend to all kinds of merchandizes, except those only which are diftinguished by the name of contraband; and under this name of contraband or prohibited goods fhall be comprehended arms, great guns, bombs with their fufes and other things belonging to them, cannon ball, gun-powder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenadoes, faltpetre, mufkets, mulketball, bucklers, helmets, breaft-plates, coats of mail, and the like kinds of arms proper for arming foldiers, mufket refts, belts, horfes with their furniture, and all other warlike inftruments whatever. These merchandizes which follow shall not be reckoned among contraband or prohibited goods; that is to fay, all foits of clothes, and all other manufactures woven of any wool, flex, filk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the fpecies whereof they are used to be made, gold and filver, as well coined as uncoined, tin, iron, latten, copper, brafs, coals; as alfo wheat and barley, and `any

other,

other kind of corn or pulfe, tobacco, and likewife all manner of fpices, falted and fmoaked flesh, falted fifh, cheefe and butter, beer, oils, wines, fugars, and all forts of falts, and in general all provifions which ferve for the nourishment of mankind and the fuftenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail-cloth, anchors, and any parts of anchors, alfo fhips mafts, planks, boards and beams of what trees foeyer, and all other things proper either for building or repairing fhips, and all other goods whatever which have not been worked into the form of any inftrument or thing prepared for war by land or fea, fhall not be reputed contraband, much lefs fuch as have been already wrought up for any other ufe; all of which fhall be wholly reckoned among free goods; as likewife all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, fo that they may be tranfported and carried in the freeft manner by the fubjects of both confederates even to places belonging to an enemy, fuch towns or places being only excepted as are at that time befieged, blocked up or invested. 154

Art. 25. To the end that all manner of diffentions and quarrels may be avoided and prevented on one fide and the other, it is agreed, that in cafe either of the parties hereto fhould be engaged in war, the hips and veffels belonging to the fubjects or people of the other ally must be furnished with fea letters or paffports, expreffing the name, property and bulk of the fhip, as alfo the name and place of habitation of the mafter or commander of the faid fhip, that it may appear thereby that the fhip really and truly belongs to the fubjects of one of the parties, which paffport fhall be made out and granted according to the form annexed to this treaty; they fhall likewife be recalled every year, that is, if the fhip happens to return home within the space of a year: it is likewife agreed, that fuch fhips being laden are to be provided not only with paffports as above mentioned, but alfo with certificates, containing the feveral particulars of the cargo, the place whence the fhip failed, and whither the is bound, that fo it may be known whether any forbidden or contraband goods be on board of the, fame, which certificates fhall be made out by the officers of the place whence the fhip fet in the one fhall think Secuftomed form, and if any it fit or adviseable to exprefs in the faid certificates the perfon to whom the goods on board belong, he may freely do fo..

Art. 26. The fhips of the fubjects and inhabitants of either of the parties coming upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they fhall be treated according to the general rules prefcribed prefcribed relative to the object in queftion.

Art. 27.

to be

If the hips of the faid fubjects, people or inhabitants

of