two parties in changing their dwelling, shall be desirous of removing from the place of their abode shall be exempted from all duty, called "droit de détraction" on the part of the government of the two states, respectively. But it is at the same time agreed that nothing contained in this article shall in any manner derogate from the ordinances published in Sweden against emigrations or which may hereafter be published, which shall remain in full force and vigor. The United States on their part or any of them, shall be at liberty to make, respecting this matter, such laws as they think proper.

ART 7.

All and every the subjects & inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels in all safety and freedom and without any regard to those to whom the merchandizes and cargoes may belong from any port whatever. And the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels and with the same liberty and safety to frequent the places, ports and havens of powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an Enemy to another port of an Enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the merchandizes free and that everything which shall be on board of ships belonging to subjects of the one or the other of the contracting parties shall be considered as free, even though the cargo or a part of it should belong to the enemies of one or both; it is nevertheless provided that Contraband goods shall always be excepted; which, being intercepted, shall be proceeded against according to the spirit of the following articles. It is likewise agreed that the same liberty be extended to persons who may be on board a free ship with this effect that although they be enemies to both or either of the parties they shall not be taken out of the free ship, unless they are soldiers in the actual service of the said enemies.

ART 8

This liberty of navigation and commerce shall entend to all kinds of merchandizes except those only which are expressed in the following article, and are distinguished by the name of Contraband goods.

ᎪᎡᎢ 9

Under the name of Contraband or prohibited goods shall be comprehended, arms, great guns, cannon balls, arquebuses, musquets, mortars, bombs, petards, granadoes, saucisses, pitch-balls, carriages for ordnance, musquet rests, bandoleers, cannon powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halbards, javelins, pistols and their holsters, belts, bayonets, horses with their harness and all other like kinds of arms and instruments of war for the use of troops.

ART. 10

These which follow shall not be reckoned in the number of prohibited goods, that is to say, all sorts of cloths, and all other manufactures of wool, flax, silk, cotton or any other materials, all kinds of wearing apparel together with the things of which they are commonly made; Gold, silver coined or uncoined, brass, iron, lead copper, latten, coals, wheat, barley and all sorts of corn or pulse, tobacco all kinds of spices, salted and smoked flesh, salted fish, cheese, butter beer, oyl, wines, sugar, all sorts of salt and provisions which serve for the nourishment and sustenance of man; all kinds of coton, hemp, flax tar, pitch, ropes, cables, sails, sail cloth, anchors and any parts of anchors ship-masts, planks, boards, beams and all sorts of trees and other things proper for building or repairing ships Nor shall any goods be considered as contraband, which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use. All which shall be reckoned free goods, as likewise all other, which are not comprehended & particularly mentioned in the foregoing article; so that they shall not, by any pretended interpretation, be comprehended among prohibited or contraband goods On the contrary they may be freely transported by the subjects of the King and of the United States even to places belonging to an enemy, such places only excepted as are besieged, blocked, or invested, and those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers.

ART. 11.

In order to avoid & prevent on both sides all disputes and discord, it is agreed that in case one of the parties shall be engaged in a war, the ships & vessels belonging to the subjects or inhabitants of the other shall be furnished with sea letters or passports, expressing the name, property and port of the vessel and also the name & place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really & truly belongs to the subjects of the one or the other party. These passports which shall be drawn up in good & due form shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels when loaded shall be provided not only with sea letters but also with certificates containing a particular account of the cargo, the place from which the vessel sailed and that of her destination, in order that it may be known, whether they carry any of the prohibited or contraband merchandizes, mentioned in the 9 article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.

ART 12.

Although the vessels of the one and of the other party may navigate freely and with all safety as is explained in the 7 article, they shall nevertheless be bound at all times when Irequired, to exhibit as wel on the high sea as in port their passports & certificates above mentioned; and not having contraband merchandize on board for an enemys port, they may freely and without hindrance pursue their voyage to the place of their destination. Nevertheless the exhibition of

papers shall not be demanded of merchant-ships under the convoy of vessels of war; but credit shall be given to the word of the officer commanding the Convoy.

ART 13.

If on producing the said certificates it be discovered that the vessel carries some of the goods which are declared to be prohibited or contraband & which are consigned to an enemy's port, it shall not however be lawful to break up the hatches of such ships nor to open any chest, coffers, packs, casks or vessels nor to remove or displace the smallest part of the merchandizes until the cargo has been landed in the presence of officers appointed for the purpose and until an inventory thereof has been taken: Nor shall it be lawful to sell exchange, or alienate the cargo or any part thereof, until legal process shall have been had against the prohibited merchandizes and sentence shall have passed declaring them liable to confiscation, saving nevertheless as well the ships themselves as the other merchandizes which shall have been found therein, which by virtue of this present treaty are to be esteemed free, and which are not to be detained on pretence of their having been loaded with prohibited merchandize and much less confiscated as lawful prize. And in case the contraband merchandize be only a part of the cargo and the master of the vessel agrees. consents & offers to deliver them to the vessel that has discovered them, in that case the latter, after receiving the merchandizes which are good prize, shall immediately let the vessel go & shall not by any means hinder her from pursuing her voyage to the place of her destination. When a vessel is taken and brought into any of the ports of the contracting parties if upon examination she be found to be loaded only with merchandizes declared to be free the owner or he who has made the prize, shall be bound to pay all costs and damages to the master of the vessel unjustly detained.

ART 14

It is likewise agreed that whatever shall be found to be laden by the subjects of either of the two contracting parties on a ship belonging to the enemies of the other party the whole effects although not of the number of those declared contraband shall be confiscated as if they belonged to the enemy, excepting nevertheless such goods and merchandizes as were put on board before the declaration of war & even six months after the declaration after which term none shall be presumed to be ignorant of it, which merchandizes shall not in any manner be subject to confiscation, but shall be faithfully & specifically delivered to the owners who shall claim or cause them to be claimed before confiscation and sale, as also their proceeds if the claim be made within eight months & could not be make sooner after the sale, which is to be public: provided nevertheless that if the said merchandizes be contraband it shall not be in any wise lawful to carry them afterwards to a port belonging to the enemy.

ART. 15.

And that more effectual care may be taken for the security of the two contracting parties, that they suffer no prejudice by the men of war of the other party or by privateers all captains & commanders of ships of His Swedish Majesty and of the United States and all their

subjects shall be forbidden to do any injury or damage to those of the other party, & if they act to the contrary, having been found guilty on examination by their proper judges they shall be bound to make satisfaction for all damages & the interest thereof & to make them good under pain & obligation of their persons and goods.

ART. 16.

For this cause, every individual who is desirous of fitting out a privateer shall before he receives letters patent, or special commission be obliged to give bond with sufficient sureties, before a competent judge, for a sufficient sum, to answer all damages & wrongs which the owner of the privateer his officers or others in his employ may commit during the cruise, contrary to the tenor of this treaty and contrary to the edicts published by either party, whether by the King of Sweden or by the United States in virtue of this same treaty and also under the penalty of having the said letters patent & special commission revoked and made void.

ART. 17.

One of the contracting parties being at war & the other remaining neuter if it should happen that a merchant-ship of the neutral power be taken by the enemy of the other party and be afterwards retaken by a ship of war or privateer of the power at war, also ships & merchandizes of what nature soever they may be when recovered from a pirate or sea rover shall be brought into a port of one of the two powers & shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property Merchants, masters & owners of ships, seamen, people of all sorts, ships & vessels & in general all merchandizes & effects of one of the allies or their subjects shall not be subject to any embargo nor detained in any of the countries, territories, islands, cities, towns, ports, rivers or domains whatever, of the other ally, on account of any military expedition or any public or private purpose whatever, by seizure, by force, or by any such manner much less shall it be lawful for the subjects of one of the parties to seize or take anything by force from the subjects of the other party without the consent of the owner. This however is not to be understood to comprehend seizures, detentions and arrests made by order and by the authority of justice & according to the ordinary course for debts or faults of the subject for which process shall be had in the way of right according to the forms of Justice.

ART 18.

If it should happen that the two contracting parties should be engaged in a war at the same time with a common enemy, the following points shall be observed on both sides

1. If the ships of one of the two nations retaken by the privateers of the other have not been in the power of the enemy more than 24 hours, they shall be restored to the original owner on payment of onethird of the value of the ship and cargo. If on the contrary the vessel retaken has been more than 24 hours in the power of the enemy, it shall belong wholly to him who has retaken it.

2. In case, during the interval of 24 hours, a vessel be retaken by a man of war of either of the two parties, it shall be restored to the original owner on payment of a thirtieth part of the value of the vessel and cargo, and a tenth part of it if it has been retaken after the 24 hours, which sums shall be distributed as a gratification among the crew of the men of war that shall have made the recapture.

3 The prizes made in manner above mentioned shall be restored to the owners after proof made of the property, upon giving security for the part coming to him who has recovered the vessel from the hands of the enemy.

4. The men of war and privateers of the two nations shall reciprocally be admitted with their prizes into each others ports; but the prizes shall not be unloaded or sold there until the legality of a prize made by Swedish ships shall have been determined according to the laws & regulations established in Sweden as also that of the prizes made by American vessels shall have been determined according to the laws & regulations established by the United States of America.

5 Moreover, the King of Sweden and the United States of America shall be at liberty to make such regulations as they shall judge necessary respecting the conduct which their men of war & privateers respectively shall be bound to observe with regard to vessels which they shall take and carry into the ports of the two Powers.

ᎪᎡᎢ 19.

The ships of war of his Swedish Majesty and those of the United States, and also those which their subjects shall have armed for war may with all freedom conduct the prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations, and the said prizes upon entering the said ports shall not be subject to arrest or seizure nor shall the officers of the places take cognizance of the validity of the said prizes which may depart and be conducted freely & with all liberty to the places pointed out in their commissions, which the captains of the said vessels shall be obliged to shew.

[Obsolete.]

ART 20.

ART. 21.

When the subjects and inhabitants of the two parties with their vessels whether they be public and equipped for war or private or employed in commerce shall be forced by tempest, by pursuit of privateers and of enemies or by any other urgent necessity, to retire and enter any of the rivers, bays, roads or ports of either of the two parties, they shall be received and treated with all humanity & politeness and they shall enjoy all friendship protection & assistance, and they shall be at liberty to supply themselves with refreshments, provisions & everything necessary for their sustenance, for the repair of their vessels and for continuing their voyage, provided allways that they pay a reasonable price; and they shall not in any manner be detained or hindered from sailing out of the said ports or roads but they may retire and depart when and as they please without any obstacle or hindrance