IV. The fubjects, people, and inhabitants of the faid United States, or each of them, fhall not pay, in the ports, harbours, roads, iflands, cities, and places, within the dominions of his Moft Chriftian Majefty in Europe, any greater duties or impofts, of what nature foever they may be, or by whatever name they may be called, than the moft favourite nation are or fhall be bound to pay; and they fhall enjoy all the rights, liberties, privileges, immunities, and exemptions, in point of trade, navigation, and commerce, whether in paffing from one port to another of the faid dominions of the Moft Chriftian King in Europe, or in going thither, or in returning from or going to any part of the world whatever, as the faid nations may or fhall enjoy.

V. In the above exemption is particularly comprised the impofition of one hundred pence per ton, established in France upon foreign fhips: excepting when the fhips of the United States fhall load with French merchandifes in one port of. France for another in the fame kingdom, in which cafe the faid fhips of the faid United States fhall discharge the ufual rights, fo long as the most favourite nations fhall be obliged to do the fame; nevertheless, the faid United States, or any of them, fhall be at liberty to establish, whenever they fhall think proper, a right equivalent to that in queftion, in the fame cafe as it is established in the ports of his Moft Chriftian Majefty.

VI. The Most Christian King shall ufe all the means in his power to protect and defend all the fhips and effects belonging to the fubjects, people, and inhabitants of the faid United States, and of each of them which fhall be in his ports, harbours, or roads, or in the feas near his territories, countries, ifles, cities, and places; and fhall ufe every effort to recover and reftore to the lawful proprietors, their agents or order, all the fhips and effects which fhall be taken within his jurifdiction; and his Moft Chrif tian Majesty's fhips of war, or other convoys, failing under his authority, fhall take, on every occafion, under their protection the fhips belonging to the subjects, people, and inhabitants of the faid United States, or any of them, which fhall keep the fame courfe and make the fame rout,

rout, and defend the faid fhips, fo long as they fhall keep the fame courfe and make the fame rout, against every attack, force, or violence, in the fame manner as they are bound to defend and protect the fhips belonging to the fubjects of his Moft Chriftian Majefty.

VII. In like manner the faid United States, and their fhips of war failing under their authority, fhall protect and defend, agreeable to the contents of the preceding article, all the fhips and effects belonging to the Moit Chriftian King, and fhall ufe all their efforts to recover and reftore the faid fhips and effects, which fhall be taken within the extent of the jurifdiction of the faid United States, or either of them.

VIII. The Moft Chriftian King will employ his endeavours and mediation with the King or Emperor of Morocco or Fez, with the Regencies of Algiers, Tunis, and Tripoli, or any of them, as well with every other Prince, State, or Power, of the Barbary coaft in Africa, and with the fubjects of the faid King, Emperor, States, and Powers, and each of them, to fecure, as fully and effec-. tually as poffible, to the advantage, convenience, and fecurity, of the said United States, and each of them, as alfo their fubjects, people, and inhabitants, their fhips and effects, against violence, infult, attack, or depredation, on the part of the faid Barbary Princes and States, or their fubjects.

IX. The fubjects, inhabitants, merchants, commanders of fhips, mafters, and feamen, of the ftates, provinces, and dominions of the two parties, fhall reciprocally refrain from, and avoid fishing in any of the places poffeffed, or which fhall be poffeffed, by the other party. The fubjects of his Moft Chriftian Majefty, fhall not fish in the harbours, bays, creeks, roads, and places, which the faid United States poffefs, or fhall hereafter poffefs; and in the fame manner the fubjects, people, and inhabitants, of the faid United States, fhall not fifh in the harbours, bays, creeks, roads, coafts, and places, which his Moft Chriftian Majefty actually poffeffes, or fhall hereafter poffefs; and if any fhip or veffel fhall be surprised fishing, in violation of the prefent treaty, the fame fhip or veffel and its cargo fhall, upon clear proof, be confifcated.

cated. Provided the exclufion ftipulated in the prefent article fhall ftand good only fo long as the King and the United States fhall not fuffer it to be enjoyed by any other nation whatever.

X. The United States, their citizens and inhabitants, fhall never disturb the fubjects of the Moft Chriftian King in the enjoyment and exercife of the right of fishing on the banks of Newfoundland, any more than in the unlimited and exclufive enjoyment they poffefs on that part of the coafts of that island, as fpecified in the treaty of Utrecht, nor in the rights relative to all and each of the ifles which belong to his Moft Chriftian Majefty; the whole conformable to the true fenfe of the treaties of Utrecht and Paris.

XI. The subjects and inhabitants of the faid United States, or any of them, fhall not be confidered as foreigners in France, and, confequently, fhall be exempt from the right of efcheatage, or any other fuch like right, under any name whatever; they may, by will, donation, or otherwife, difpofe of their goods, moveables, and fixtures, in favour of whom they fhall pleafe; and their heirs, fubjects of the said United States, refident in France or elsewhere, fhall fucceed to them, ab inteftat, without being obliged to obtain letters of naturalization, and without being expofed to any moleftation or hindrance, under pretence of any rights or prerogatives of provinces, cities, or private perfons; and the faid heirs, either by particular title, or ab inteftat, fhall be exempt from all right of detraction or other right of that kind, provided that fuch or the like local rights are not eftablished by the faid United States, or any of them. The fubjects of the Moft Chriftian King fhall enjoy, on their fide, in all the dominions of the faid States, an entire and perfect reciprocation with refpect to the ftipulations included in the present article.

But it is at the fame time agreed, that the contents of this article fhall not affect the laws made in France against emigrations, or fuch as may be made hereafter, fuch being left in their full force and vigour; the United States, on their fide, or any of them, fhall be free to make fuch laws refpecting that matter as they fhall judge proper.

XII. The

XII. The merchant ships of both parties, which fhall be bound to any port, belonging to a power then an enemy of the other ally, and of which the voyage, or nature of its cargo fhall give juft fufpicions, fhall be bound to produce, either on the high feas, or in ports and harbours, not only their paliports, but alfo certificates, which fhall expreffly ftate, that their cargoes are not of prohibited and contraband wares.

XIII. If the contents of the faid certificates leads to a discovery, that the fhip carries prohibited and contraband merchandises, configned to an enemy's port, it shall not be permitted to open the hatches of the faid fhip, nor any case, cheft, trunk, bale, cafk or other cafes, contained therein, or to difplace or remove the leaft part of the merchandise, whether the fhip belongs to the Moft Christian King, or to the inhabitants of the United States, until the cargo has been landed in the prefence of the officers of the Admiralty, and an inventory taken of them; but they fhall not be permitted to fell, exchange, or difpofe of the fhips or cargoes, in any manner whatever, until a fair and legal inquiry has been made, the contraband declared, and the Court of Admiralty fhall have pronounced the confifcation by judgement, neverthelefs without prejudice of fhips or cargoes, which, by virtue of this treaty, fhould be confidered as free. It fhall not be permitted to retain merchandifes, under pretence that they were found among contraband goods, and ftill lefs to confifcate them as legal prizes. In cafe where a part only, and not the whole of the cargo, confists of contraband articles, and that the commander of the fhip confents to deliver up to the captor what fhall be difcovered, then the captain, who fhall have made the prize, after having received thofe articles, fhall immediately release the fhip, and in no manner prevent it from pursuing its voyage; but in cafe that the whole of the contraband articles cannot be all taken into the veffel of the captor, then the Captain of fuch veffel fhall remain master of his prize, notwithstanding the offer to give up the contraband goods, and conduct the fhip into the nearest port, conformably to what is above specified. R

VOL. III.

XIV. It

IV. It is agreed, on the contrary, that every thing that shall be found embarked by the refpective fubjects, in fhips belonging to the enemies of the other party, or their fubjects, fhall be confifcated, without regard to their being prohibited or not, in the fame manner as if they belonged to the enemy; excepting, however, fuch effects and merchandifes as had been put on board the faid fhips before the declaration of war, or even after the faid declaratiou, if they were ignorant of it at the time. of loading; fo that the merchandifes of the fubjects of both parties, whether they be found among contraband goods or otherwife, which, as hath been juft mentioned, fhall have been put on board a fhip belonging to the enemy, before the war, or even after the faid declaration, when unknown to them, fhall not be, in any manner, fubject to confifcation, but fhall be faithfully and truly reftored, without delay, to the owners who fhall claim them; it must, however, be understood, that it will not be permitted to carry contraband goods into an enemy's ports. The two contracting parties agree, that after the expiration of two months from the declaration of war, their respective subjects, from what part of the world foever they fhall come, fhall not be permitted to plead ignorance of the question in this article.

XV. And in order the more effectually to fecure the fubjects of the two contracting parties from receiving any prejudice from the fhips of war or privateers of either party, orders fhall be given to all captains of fhips of his Moft Chriftian Majefty and the faid united States, and to all their fubjects, to avoid offering infult or doing damage to the fhips of either party; and whoever fhall act contrary to these orders, fhall be punished for it, and fhall be bound and obliged perfonally, in their own effects, to repair all fuch damages and loffes.

XVI. All fhips and merchandises of what nature foever, which fhall be taken out of the hands of pirates on the high feas, shall be conducted into fome port of the two ftates, and fhall be committed to the care of the officers of the faid port, in order that they may be entirely restored to the right owner, as foon as fuch property fhall be fully and clearly proved.

XVII. The