commit in their cruizes or voyages, as well as for the contravenfions of their Captains and officers, against the prefent treaty, and against the ordinances and edicts which fhall be published in confequence of, and conformity to it, under pain of forfeiture and nullity of the faid commiffion.

XV. All veffels and merchandifes of whatsoever nature, which fhall be refcued out of the hands of any pirates or robbers, navigating the high feas, without requifite commiffions, fhall be brought into fome port of one of the two States, and depofited in the hands of the officers of that port, in order to be restored entire to the true proprietor, as foon as due and fufficient proofs fhall be made concerning the property thereof.

XVI. If any fhips or veffels belonging to either of the parties, their fubjects or people, fhall, within the coafts or dominions of the other, ftick upon the fands or be wrecked, or fuffer any other fea damage, all friendly affiftance and relief fhall be given to the perfons fhipwrecked, or such as shall be in danger thereof; and the veffels, effects and merchandises, or the part of them, which fhall have been faved, or the proceeds of them, if being perishable they fhall have been fold, being claimed within a year and a day, by the masters or owners, or their agents or attornies, fhall be restored, paying only the reasonable charges, and that which must be paid, in the fame cafe, for the falvage, by the proper fubjects of the country; there fhall alfo be delivered them fafe conducts or paffports, for their free and fafe paffage from thence, and to return each one to his own country.

XVII. In cafe the fubjects or people of either party with their fhipping, whether publick and of war, or private and of merchants, be forced, through ftrefs of weather, purfuit of pirates or enemies, or any other urgent neceffity for feeking of fhelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads or fhores, belonging to the other party, they thall be received with all humanity and kindness, and enjoy all friendly protection and help, and they fhall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the fufte

nance

nance of their perfons, or reparation of their fhips; and they shall no ways be detained or hindered from returning out of the faid ports or roads, but may remove and depart when and whither they pleafe, without any let or hindrance.

XVIII. For the better promoting of commerce on both fides, it is agreed, that if a war fhould break out between their High Mightineffes the States General of the United Netherlands and the United States of America, there fhall always be granted to the fubects on each fide, the term of nine months, after the date of the rupture, or the proclamation of war; to the end that they may retire with their effects, and transport them where they please; which it fhall be lawful for them to do, as well as to fell or transport their effects and goods in all freedom, and without hindrance, and without being able to proceed during the faid term of nine months, to any arrest of their effects, much lefs of their perfons; on the contrary, there fhall be given them, for their veffels and their effects which they would carry away, paffports and life conducts, for the nearest ports of their respective countries, and for the time neceffary for the voyage, and no prize made at fea fhall be adjudged lawful, at least if the declaration of war was not or could not be known in the last port, which the veffel taken has quitted. But for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them, in the interval of the faid terms, a compleat fatisfaction fhall be given them.

Mightineffes

XIX. No fubject of their High Might ineffes the States General of the United Netherlands, fhall apply for or take any commiffion or letter of marque for arming any fhip or fhips, to act as privateers against the said United States of America, or any of them, or the subjects and inhabitants of the faid United States or any of them, or against the property of the inhabitants of any of them, from any Prince or State with which the faid United States of America may happen to be at war; nor fhall any fubject or inhabitant of the faid United States of America, or any of them, apply for or take any commiffion or letters of marque for arming any ship or ships

to

to act as privateers against the High and Mighty Lords the States General of the United Netherlands, or against the fubjects of their High Mightineffes, or any of them, or against the property of any one of them, from any Prince or State with which their High Mightineffes may be at war and if any person of either nation fhall take fuch commiffion or letters of marque he fhall be punished as a pirate.

XX. If the veffels of the fubjects or inhabitants of one of the parties come upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, or take in any cargo, they fhall not be obliged to pay neither for the veffels nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to prefume that they carry to an enemy merchandises of contraband.

XXI. The two contracting parties grant to each other mutually, the liberty of having each in the ports of the other, Confuls, Vice-confuls, Agents, and Commiffaries of their own appointing, whofe functions fhall be regulated by particular agreements, whenever either party chufe to make fuch appointments.

XXII. This treaty fhall not be understood in any manner to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of the treaty with France, as they were numbered in the fame treaty, concluded the fixth of February, 1778, and which make the articles, ninth, tenth, feventeenth and twenty-fecond of the Treaty of Commerce now fubfifting between the United States of America and the Crown of France: nor fhall it hinder his Catholick Majefty from acceding to that treaty, and enjoying the advantages of the faid four articles.

XXIII. If at any time the United States of America fhall judge neceffary to commence negociations with the King or Emperor of Morocco and Fez, and with the Regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain paffports for the fecurity of their navigation in the Mediterranean Sea; their High Mightineffes promife, that upon the requifition which the

United

United States of America fhall make of it, they will fecond fuch negociations in the most favourable manner by means of their Confuls refiding near the faid King, Emperor and Regencies.

XXIV. The liberty of navigation and commerce shall extend to all forts of merchandifes, excepting only thofe which are diftinguished under the name of contraband, or merchandises prohibited; and under this denomination of contraband and merchandises prohibited shall be comprehended only warlike ftores and arms, as mortars, artillery with their artifices and appurtenances, fufils, pistols, bombs, grenades, gunpowder, faltpetre, fulphur, match, bullets and balls, pikes, fabres, lances, halberts, cafques, curaffes, and other forts of arms; as alfo foldiers, horfes, faddles and furniture for horfes. All other effects and merchandises, not before specified expreffly, and even all forts of naval matters, however proper they may be, for the construction and equipment of veffels of war, or for the manufacture of one or other fort of machines of war, by land or fea, fhall not be judged contraband, neither by the letter, nor according to any pretended interpretation whatever, ought they, or can they be comprehended, under the notion of effects prohibited or contraband; fo that all effects and merchandises, which are not expreffly before named, may, without any exception, and in perfect liberty be transported, by the fubjects and inhabitants of both allies, from, and to places belonging to the enemy, excepting only the places which at that time fhall be befieged, blocked or invefted, and those places only fhall be held for fuch, which are furrounded nearly by fome of the belligerant powers.

XXV. To the end that all diffention and quarrel may be avoided and prevented, it has been agreed, that in cafe that one of the two parties happens to be at war, the veffels belonging to the subjects or inhabitants of the other ally, fhall be provided with fea-letters or paffports, expreffing the name, the property and the burden of the veffel, as alfo the name and the place of abode of the mafter, or commander of the faid veffel, to the end that thereby it may appear, that the veffel really and truly belongs to the fubjects or inhabitants of fome of the

I

parties;

parties; which paffports fhall be drawn and diftributed according to the form annexed to this treaty, each time that the veffel fhall return, fhe fhould have fuch her paffports renewed, or at least they ought not to be of more ancient date than two years, before the veffel has been returned to her own country.

It has been also agreed that fuch veffels, being loaded, ought to be provided not only with the faid paffports or fea-letters, but also with a general paffport, or with particular paffports or manifeft, or other publick documents which are ordinarily given to veffels outward bound, in the ports from whence the veffels have fet fail in the laft place, containing a specification of the cargo, of the place from whence the veffel departed, and of that of her deftination; or inftead of all thefe, with certificates from the magistrates or governors of cities, places and colonies from whence the veffel came, given in the ufual form, to the end that it may be known whether there are any effects prohibited or contraband on board the veffels, and whether they are deftined to be carried to an enemy's country or not. And in cafe any one judges proper, to exprefs in the faid documents, the perfons to whom the effects on board belong, he may do it freely, without, however, being bound to do it; and the omiffion of fuch expreffion cannot and ought not to caufe confifcation.

XXVI. If the veffels of the faid fubjects or inhabitants of either of the parties failing along the coafts or on the high feas, are met by a veffel of war or privateer, or other armed veffel of the other party, the faid veffels of war, privateers or armed veffels, for avoiding all disorder, fhall remain without reach of cannon, but may fend their boats on board the merchant veffel which they fhall meet in this manner, upon which they may not pafs more than two or three men, to whom the mafter or commander fhall exhibit his paffport, containing the property of the veffel, according to the form annexed to this treaty; and the veffel, after having exhibited fuch paffport, fea-letter, and other documents, fhall be free to continue her voyage, so that it fhall not be lawful to

2.

moleft