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the articles herein-after inferted on thofe fubjects.

ARTICLE XIII.

His Majefty consents that the vessels be- Eat-India longing to the citizens of the United States of trade regulated. America, fhall be admitted and hofpitably received, in all the fea-ports and harbours of the British territories in the Eaft-Indies. And that the citizens of the faid United States, may freely carry on a trade between the faid territories and the faid United States, in all articles of which the importation or exportation respectively, to or from the faid territories, shall not be entirely prohibited. Provided only, that it fhall not be lawful for them in any time of war between the British government and any other power or state whatever, to export from the faid territories, without the special permiffion of the British government there, any military stores, or naval stores, or rice. The citizens of the United States fhall pay for their veffels when admitted into the faid ports no other or higher tonnage-duty than fhall be payable on British veffels when admitted into the ports of the United States. And they fhall pay no other or higher duties or charges, on the importation or exportation of the cargoes of the faid veffels, than fhall be payable on the fame articles when imported or exported in British veffels. But it is exprefsly agreed, that the veffels of the United States fhall not carry any of the articles exported by them from the faid British territories, to any port or place, except to fome port or place in America, where the fame fhall be unladen, and fuch regulations shall be adopted by both parties, as fhall from time to time be found neceffary to enforce the due and faithful obfervance of this ftipulation.

It is alfo understood that the permiffion granFat-India ted by this article, is not to extend to allow lated. the veffels of the United States to carry on

trade regu

any part of the coafting-trade of the faid Britifh territories; but veffels going with their original cargoes, or part thereof, from one port of difcharge to another, are not to be confi dered as carrying on the coafting-trade. Nei ther is this article to be conftrued to allow the citizens of the faid ftates to fettle or refide within the faid territories, or to go into the interior parts thereof, without the permiffion of the British government established there; and if any tranfgreffion fhould be attempted against the regulations of the British government in this refpect, the obfervance of the fame fhall and may be enforced against the citizens of America in the fame manner as against Bri tilh fubjects or others tranfgreffing the fame rule. And the citizens of the United States, whenever they arrive in any port or harbour in the faid territories, or if they should be permitted in manner aforefaid, to go to any other place therein, fhall always be fubject to the laws, government, and jurifdiction of what nature established in fuch harbour, port or place, according as the fame may be. The citizens of the United States may alfo touch for refreshment at the ifland of St. Helena, but fubject in all refpects to fuch regulations as the British government may from time to time ef tablish there.

ARTICLE XIV.

There fhall be between all the dominions of his Majefty in Europe and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries re

commerce

European

U. States

spectively, fhall have liberty freely and fecure, Liberty of ly, and without hindrance and molestation, to between come with their fhips and cargoes to the lands, the British countries, cities, ports, places and rivers, with- dominions in the dominions and territories aforefaid, to and the enter into the fame, to refort there, and to re- eltablished. main and refide there, without any limitation of time. Also to hire and poffefs houses and ware-houses for the purposes of their commerce, and generally the merchants and traders on each fide, fhall enjoy the most complete protection and fecurity for their commerce; but fubject always as to what refpects this article, to the laws and ftatutes of the two countries refpectively.

ARTICLE XV.

merchan

It is agreed that no other or higher duties Regulafhall be paid by the fhips or merchandize of tions reSpecting the one party in the ports of the other, than duties on fuch as are paid by the like veffels or merchan- hips and dize of all other nations. Nor fhall any other dize. or higher duty be impofed in one country on the importation of any articles the growth, produce or manufacture of the other, than are or fhall be payable on the importation of the like articles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties refpectively, which shall not equally extend to all other nations.

But the British government referves to itself the right of impofing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which fhall be payable by British veffels in the ports of America: And alfo fuch duty as may be adequate to VOL. II.

P

3

Confuls may be

countervail the difference of duty now payable on the importation of European and Afiatic goods, when imported into the United States in British or in American veffels.

The two parties agree to treat for the more exact equalization of the duties on the refpective navigation of their fubjects and people, in fuch manner as may be most beneficial to the two countries. The arrangements for this purpose shall be made at the same time, with thofe mentioned at the conclufion of the twelfth article of this treaty, and are to be confidered as a part thereof. In the interval it is agreed, that the United States will not impofe any new or additional tonnage duties on Britifh veffels, nor increase the now-fubfifting difference be tween the duties payable on the importation of any articles in British or in American veffels.

ARTICLE XVI.

It fhall be free for the two contracting parties, refpectively to appoint confuls for the appointed. protection of trade, to refide in the dominions and territories aforefaid; and the faid confuls fhall enjoy thofe liberties and rights which be long to them by reason of their function. But before any conful fhall act as fuch, he fhall be in the ufual forms approved and admitted by the party to whom he is fent; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a conful may either be punished according to law, if the laws will reach the cafe, or be difmiffed, or even fent back, the offended government affigning to the other their reafons for the fame.

Either of the parties may except from the refidence of confuls fuch particular places, as

fuch party fhall judge proper to be fo excep

ted.

ARTICLE XVII.

perty, or

It is agreed, that in all cafes where veffels How to fhall be captured or detained on juft fufpicion proceed of having on board enemy's property, or of fels are carrying to the enemy any of the articles which captured on fufpicion of are contraband of war; the faid veffel fhall having enebe brought to the neareft or moft convenient my's proport; and if any property of an enemy fhould contraband be found on board fuch veffel, that part only goods. which belongs to the enemy fhall be made prize, and the veffel fhall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper meafures fhall be taken to prevent delay, in deciding the cafes of fhips or cargoes fo brought in for adjudication; and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the mafters or owners of fuch fhips.

ARTICLE XVIII.

cies fhall

contra

In order to regulate what is in future to be efteemed contraband of war, it is agreed, that What artiunder the faid denomination shall be comprised be deemed all arms and implements ferving for the pur- band. pofes of war, by land or fea, fuch as cannon, mufkets, mortars, petards, bombs, grenades, carcaffes, fauciffes, carriages for cannon, mufket refts, bandoliers, gunpowder, match, faltpetre, ball, pikes, fwords, head-pieces, cuiraffes, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as alfo timber for fhip-building, tar or rozin, copper in fheets, fails, hemp, and cordage, and generally whatever may serve directly to the equipment of veffels, unwrought iron and fir planks only excepted; and all the

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