above articles are hereby declared to be just objects of confifcation, whenever they are attempted to be carried to an enemy.

Stipulation And whereas the difficulty of agreeing on refpecting provifions the precise cases in which alone provifions and becoming other articles not generally contraband may be

contra.

band.

Regula

regarded as fuch, renders it expedient to provide against the inconveniences and mifunderflandings which might thence arife: It is further agreed, that whenever any fuch articles fo becoming contraband, according to the exifting laws of nations, fhall for that reafon be feized, the fame fhall not be confiscated, but the owners thereof fhall be speedily and completely indemnified; and the captors, or in their default, the government under whofe authority they act, fhall pay to the masters or owners of fuch veffels, the full value of all fuch articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to fuch detention.

And whereas it frequently happens that veftions fels fail for a port or place belonging to an respecting veffels enemy, without knowing that the fame is either attempting befieged, blockaded or invested; it is agreed, blockaded that every veffel fo circumftanced, may be turnport, or ed away from fuch port or place, but fhe fhall

to enter a

found

therein.

not be detained, nor her cargo, if not contraband, be confifcated, unless after notice the fhall again attempt to enter; but the fhall be permitted to go to any other port or place fhe may think proper: Nor fhall any veffel or goods of either party, that may have entered into fuch port or place, before the fame was befieged, blockaded, or invefted by the other, and be found therein after the reduction or furrender of fuch place, be liable to confifca

tion, but fhall be restored to the owners or proprietors thereof.

ARTICLE XIX.

be taken Privateer、

lated.

And that more abundant care may for the fecurity of the respective subjects and ing regu. citizens of the contracting parties, and to prevent their fuffering injuries by the men of war, or privateers of either party, all commanders of fhips of war and privateers, and all other: the said subjects and citizens, fhall forbear doing any damage to thofe of the other party, or committing any outrage against them, and if they act to the contrary, they fhall be punished, and fhall alfo be bound in their perfons and eftates to make fatisfaction and reparation for all damages, and the intereft thereof, of whatever nature the faid damages may be.

i

For this caufe, all commanders of privateers, before they receive their commiffions, fhall hereafter be obliged to give, before a competent judge, fufficient fecurity by at least two refponfible fureties, who have no intereft in the faid privateer, each of whom, together with the said commander, fhall be jointly and feverally bound in the fum of fifteen hundred pounds fterling, or if fuch fhips be provided with above one hundred and fifty feamen or foldiers, in the fum of three thoufand pounds fterling, to fatisfy all damages and injuries, which the faid privateer, or her officers or men, or any of them may do or commit during their cruife, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all cafes of aggreffions, the faid commiffions fhall be revoked and annulled.

It is alfo agreed that whenever a judge of a court of admiralty of either of the parties,

Pirates not

to be pro

ken by

fhall pronounce fentence against any veffel, or goods or property belonging to the fubjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the caufe, and of the faid sentence, fhall, if required, be delivered to the commander of the faid veffel, without the smallest delay, he paying all legal fees and demands for the fame. ARTICLE XX.

It is further agreed that both the faid contected, and tracting parties, fhall not only refufe to receive goods taany pirates into any of their ports, havens, or them to be towns, or permit any of their inhabitants to receive, protect, harbor, conceal or affift them in any manner, but will bring to condign punishment all fuch inhabitants as fhall be guilty of fuch acts or offences.

reftored.

And all their ships with the goods or mer chandizes taken by them and brought into the port of either of the faid parties, fhall be feized as far as they can be difcovered, and thall be reftored to the owners, or their factors or agents, duły deputed and authorized in writ ing by them (proper evidence being first given in the court of admiralty for proving the property) even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew or had good reafon to believe, or fufpect that they had been pirati cally taken.

ARTICLE XXI.

It is likewife agreed, that the fubjects and citizens of the two nations, fhall not do any acts of hoftility or violence against each other, nor accept commiffions or inftructions fo to act from any foreign prince or ftate, enemies to the other party; nor fhall the enemies of

citizens of

commiffion

reign ftate

one of the parties be permitted to invite, or Subjects or endeavour to inlift in their military fervice, one party any of the fubjects or citizens of the other fhall not party; and the laws against all fuch offences accept and aggreffions fhall be punctually executed. from a foAnd if any fubject or citizen of the faid par- at war with ties refpectively, fhall accept any foreign com- the other. miffion, or letters of marque, for arming any veffel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the faid party, to treat and punish the faid fubject or citizen, having fuch commiffion or letters of marque, as a pirate.

ARTICLE XXII.

till demand

refufal.

It is exprefsly ftipulated, that neither of the No reprifal faid contracting parties will order or autho- of fatisfacrize any acts of reprifal against the other, on tion and complaints of injuries or damages, until the faid party fhall firft have prefented to the other a ftatement thereof, verified by competent proof and evidence, and demanded juftice and fatisfaction, and the fame fhall either have been refufed or unreasonably delayed.

ARTICLE XXIII.

received in

The fhips of war of each of the contracting Ships of parties fhall, at all times, be hofpitably receiv- war of each ed in the ports of the other, their officers and to be crews paying due refpect to the laws and go- the ports of vernment of the country. The officers fhall the other. be treated with that respect which is due to the commiffions which they bear, and if any infult fhould be offered to them by any of the inhabitants, all offenders in this respect fhall be punished as difturbers of the peace and amity between the two countries. And his Majesty confents, that in case an American veffel fhould, by stress of weather, danger from enemies or

veffels in

cafe of ftrels of weather

British

ports.

American other misfortune, be reduced to the neceffity of feeking shelter in any of his Majesty's ports, into which fuch veffel could not in ordinary may enter cafes claim to be admitted, fhe fhall, on manifefting that neceffity to the fatisfaction of the government of the place, be hofpitably received and be permitted to refit, and to purchase at the market price, fuch neceffaries as the may ftand in need of, conformably to fuch orders and regulations as the government of the place, having refpect to the circumstances of each cafe, fhall prefcribe. She fhall not be allowed to break bulk or unload her cargo, unless the same shall be bona fide neceffary to her being refitted. Nor fhall be permitted to fell any part of her cargo, unless fo much only as may be neceffary to defray her expenses, and then not without the express permiffion of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on fuch articles as fhe may be permitted to fell for the purpose aforefaid.

Foreign privateers

ARTICLE XXIV.

It shall not be lawful for any foreign privateers (not being fubjects or citizens of either not to arm of the faid parties) who have commiffions from of either other prince or state in enmity with either nation, nor nation, to arm their fhips in the ports of either to fell their of the faid parties, nor to fell what they have

in the ports

prizes.

any

taken, nor in any other manner to exchange the fame; nor fhall they be allowed to purchafe more provifions, than fhall be necessary for their going to the nearest port of that prince or ftate from whom they obtained their commiffions.

ARTICLE XXV.

It fhall be lawful for the fhips of war and privateers belonging to the faid parties refpec