Imágenes de páginas


quire that the whole or any part of the cargo be unladed, they shall pay no duties, charges or fees on the part, which they shall relade and carry away. The ancient and barbarous right to wrecks of the sea shall be entirely abolished with respect to the subjects or citizens of the two contracting parties.

ARTICLE X. The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise, and their representatives, being subjects or citizens of the other party, shall succeed to the said personal goods, whether by testament or ab intestato, and may take possession thereof, ei. ther by themselves, or by others acting for them, and dispose of the

at their will, paying such dues only as the inhabitants of the country, wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if question should arise among several claimants, to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land, wherein the said goods are. And where, on the death of any person, holding real estate, within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds, without molestation, and exempt from all rights of detraction on the part of the government of the respective states. But this article shall not derogate in any manner from the force of the laws already published, or hereafter to be published, by his Majesty the King of Prussia, to prevent the emigration of his subjects.

ARTICLE XI. The most perfect freedom of conscience and of worship, is granted to the citizens or subjects of either party, within the jurisdiction of the other, and no person shall be molested in that respect, for any cause other than an insult on the religion of others. Moreover, when the subjects or citizens of the one party, shall die within the jurisdiction of the other, their bodies shall be buried in the usual burying grounds, or other decent and suitable places, and shall be protected from violation or disturbance.

ARTICLE XII. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which, free ships make free goods, has not been sufficiently respected during the two last wars, and especially in that which still continues, the two contracting parties propose, after the return of a general peace, to agree either separately between themselves, or jointly with other powers alike interested, to. concert with the great maritime powers of Europe, such arrangements and such permanent principles, as may serve to consolidate the liberty and the safety of the neutral navigation and commerce in future wars. And jf in the interval, either of the contracting parties should be engaged in # war, to which the other should remain neutral, the ships of war and privateers of the belligerant power shall conduct themselves towards this

merchant vessels of the neutral power, as favorably as the course of the war then existing may permit, observing the principles and rules of the law of nations, generally acknowledged.

ARTICLE XIII. And in the same case of one of the contracling parties, licing engaged in war with any other power, to prevent all the difficulties and misunderstandings, that usually arise respecting merchandise of contraband, such as arms, ammunition and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of ri. ther party, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time, as the captors may think necessary to prevent the inconvenience or damage, that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors ; and it shall further be allowed to use in the service of the captors, the whole or any part of the military stores so detaineda paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, ncr further detained, but shall be allowed to proceed on her voyage.

All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, talls, muskets, fints, matches, powder, salt-petre, sulphur, cuirasses, pikes, swords, belts, cartouch-boxes, saddles and bridles, beyond the quantity necessary for the use of the ship, or beyond that which every man serving on board the vessel, or passenger, ought to have ; and in general whatever is comprised under the denomination ofarms and military stores, of what description soever, shall be deemed objects of contraband.

ARTICLE XIV. To ensure to the vessels of the two contracting parties the advantage of being rearlily and certainly known in time of war, it is agreed, that they shall be provided with the sea letters and documents hereafter specified :

1. A passport, expressing the name, the property and the burthen of the vessel, as also the name and dwelling of the master, which passport shall be made out in good and due form, shall be renewed as often as the vessel shall return into port, and shall be exhibited whensoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more vessels of war, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further examination.

2. A charter party; that is to say, the contract passed for the freight of the whole vesselor, the bills of lading given for the cargo in detail,

3. The list of the ship's company, containing an indication by name and in detail of the persons composing the crew of the vessel. These

documents shall always be authenticated according to the forms established at the place, from which the vessel shall have sailed.

As their production ought to be exacted only, when one of the cone tradling parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo and company, they shall not be deemed absolutely necessary on board such vessels, belonging to the neutral party, as shall have sailed from its ports, before or within three months after the government shall have been informed of the state of war, in which the belligerant party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence, as the tribunals, authorized to judge of the case, may deem sufficient.

ARTICLE XV. And to prevent entirely all disorder and violence, in such cases, it is stipulated, that when the vessels of the neutral party, sailing without convoy, shall be met by any vessel of war, public or private, of the other party, such vessel of war shall not send more than two or three men in their boat on board the said neutral vessel, to examine her passports and documents. And all persons belonging to any vessel of war, public or private, who shall molest or insult in any manner whatever, the people, vessels or effects of the other party, shall be responsible in their persons and property for damages and interest, sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned.

ARTICLE XVI. In times of war, orin cases of urgent necessity, when either of the contracting parties shall be obliged to lay a general embargo, either in all its ports, or in certain particular places, the vessels of the other party shall be subject to this measure, upon the same footing, as those of the most favore nations, but without having the right to claim the exemption in their favor stipulated in the 16th article of the former treaty of 1783. But on the other hand the proprietors of the vessels which shall have been detained, whether for some military expedition, or for what other use soever, shall obtain from the government that shall have employed them, an equitable indemnity, as well for the freight as for the loss occasioned by the delay. And furthermore, in all cases of seizure, detention or arrest, for dcbis contracted or offences cominitted by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual iu such cases.

ARTICLE XVII. If any vessc! or effects of the neutral power be taken by an enemy of the other, or l y a pirate, and retaken by the power at war, they shal be restored to the first proprietor, upon the conditions hereafter stipulated in the twenty-first article for cases of recapture.

ARTICLE XVIII. If the citizens or subjects of either party, in danger from tempests, pirates, enemies, or other accident, shall take refuge with their vessels er effects, wit in the harbors or jurisdiction of the other, they shell be Feceived, protected, and treated with luinanity and kindness, and shall be

[ocr errors]

permitted to furnish themselves, at reasonable prices, with all refresi:ments, provisions and other things necessary for their sustenance, health and accommodation, and for the repair of their ressels.

ARTICLE XIX. The vessels of war, public and private, of both parties, shall carry freely, wheresoever they please, the vessels and effecis taken from their enemies, without being obliged to pay any duties, charges, or fees to oficers of admiralty, of the customs, or any others ; nor shall such prizes be arrested, searched, or put under legal process, when they come to and enter the ports of the other party, but inay freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. But conformably to the treaties existing between the United States and Great-Britain, no vessel, that shall have made a prize ipon British subjicis, shall have a right to slelter in the ports of the United States, but if forced therein by tempests, or any other danger, or accident of the sea, they shall be obliged to depart as soon as possible.

ARTICLE XX. No citizen or subject of either of the contracting parties shall take from any power with which the other may be al war, any commission or letter of marque, for arming any vessel to act as a privateer against the other, on pain of being punished as a pirate ; nor shall either party hire, lend or give any part of its naval or military force to the enemy of the other, to aid them offensively or defensively against the other.

ARTICLE XXI. If the two contracting parties should be engaged in a war against a common enimy, the following points shall be observed between them :

1. If a vessel of one of the parties, taken by the enemy, shall, before being carried into a neutral or enemy's port, be retaken by a ship of war or privateer of the other, it shall, with the cargo, bc restored to the first owners, for a compensation of one eighth part of the value of the said vessel and cargo, if the recapture be niade by a public ship of war; and one sixth part, if made by a privateer.

2. The restitution in such cases shall be after due prcos of property, and surety given for the part to which the recaptors are entitled.

3. The vessels of war, public and private, of the trvo partics, shall reciprocally be admitted with their prizes into the respective ports of each, but the said prizes shall not be discharger, or sold there, until their legality shall have been decided according to the laws and regulations of the state to which the captor beiouss, but by the judicatories of the place, into which the prize shall have been conducted.

4. It shall be free to each party to make such regulations as they shall judge necessary, for the conduct of their respective vessels of war, public and private, relative to the vesseis, which they shall take, and carry into the ports of the two parties.

ARTICLE XXII. When the contracting parties shall have a common enemy, or shall both be neutral, the vessels of war of each shall upon all occasions taka under their protection the vessels of the other going the same course, and shall defend such vessels as long as they hold the same couisin against all force and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are.

ARTIČLE XXIII. If war should arise between the two contracting parties, the mere chants of either country, then residing in the other, shall be allowed to remain nine months, to collect their debts and settle their affairs, and may depart freely carrying off all their effects, without molestation or hindrance, and all women and children, scholars of every faculty, cultivators of the earth, artizans, manufacturers and fishermen, unarmed and inhabiling unfortified towns, villages or places, and in general all others, whose occupations are for the common subsis:ance and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt, or otherwise destroyed, nor their fields Wasted by the armed force of the enemy, into whose power, by the events of war, ihey may happen to fall; but if any thing is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price.

ARTICLE XXIV. And to prevent the destruction of prisoners of war, by sending them inio distant and inclement countries, or by crouding them inio close and noxious places, the two contracting parties solcmnly pledge thenselves to the world and to each other, that they will not adopt any such practice; that neither will send the prisoners, whom they may take frezi the other, into the East-Indies or any other parts of Asia or Africa, Lui they shall be placed in some part of their dominions in Europe or Anmerica, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs; that the officers shall be enlarged on their paroles within convenient districts, and have comfortable quarters, and the common men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as icomly and good as are provided by the party in whose power they are, for their own troops ; that the officers shall also be daily furnished by the party in whose power they are, with as many rations, and of the sanie articles and quality as are allowed by them, either in kind, oriy commutation to officers of equal rank in their own army; and all otheis shall be daily furnished by them, with such ration as they shall allux lo a common soldier in their own service ; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the subsistence of prisoners at the close of the war ; and the said accounts shall not be zuingled with or set oil, against any others, nor the balances due on them be witheld as a satisfaction or reprisal for any other article, or for any other cause, real or pretended, whatever. Thai each party shall be allowed to keep a commissary of prisoners of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases, s:all be allowed to receive and cistribute whatever co!lforts may be sent to them by their friends ; and shall be free to make bis repuits in open letters to those who employ him ; but if any other suali breck his parole, or any other prisoner shall escape from the

« AnteriorContinuar »