Page:American Archives, Series 5, Volume 2.djvu/741

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the natives of such countries, islands, cities, or towns of France, or any commercial companies established by the Most Christian King, shall pay, but shall enjoy all other the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one port thereof to another, and in going to and from the same, from and to any part of the world, which the said natives or companies enjoy.

Article III. His Most Christian Majesty shall retain the same rights of fishery on the banks of Newfoundland, and all other rights relating to any of the said islands, which he is entitled to by virtue of the treaty of Paris.

Article IV. The Most Christian King shall endeavour, by all the means in his power, to protect and defend all vessels, and the effects belonging to the subjects, people, or inhabitants of the said United States, or any of them, being in his ports, havens, or roads, or on the seas near to his countries, lands, cities, or towns; and to recover and to restore to the right owners, their agents, or attorneys, all such vessels and effects which shall be taken within his jurisdiction; and his ships of war, or any convoys sailing under his authority, shall upon all occasions take under their protection all vessels belong to the subjects, people, or inhabitants, of the said United States, or any of them, and holding the same course or going the same way; and shall defend such vessels as long as they hold the same course or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend vessels belonging to the subjects of the Most Christian King.

Article V. In like manner the said United States, and their ships of war, and convoys sailing under their authority, shall protect and defend all vessels and effects belonging to the subjects of the Most Christian King; and endeavour

[1346] to recover and restore them, if taken within the jurisdiction of the said United States, or any of them.

Article VI. The Most Christian King and the said United States, shall not receive nor suffer to be received, into any of their ports, havens, roads, countries, islands, cities, or towns, any pirates or sea-robbers, or afford or suffer any entertainment, assistance, or provision, to be afforded to them; but shall endeavour by all means, that all pirates and sea-robbers, and their partners, sharers, and abettors, be found out, apprehended, and suffer condign punishment; and all the vessels and effects piratically taken, and brought into the ports and havens of the Most Christian King, or the said United States, which can be found, although they be sold, shall be restored, or satisfaction given therefor: the right owners, their agents, or attorneys, demanding the same, and making the right of property to appear by due proof.

Article VII. The Most Christian King shall protect, defend, and secure, as far as in his power, the subjects, people, and inhabitants of the said United States, and every of them, and their vessels and effects of every kind, against all attacks, assaults, violences, injuries, depredations, or plunderings, by or from the King or Emperor of Morocco or Fez, and the states of Algiers, Tunis, and Tripoli, and any of them, and every other Prince, State, and Power on the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States, and Powers, and every of them, in the same manner, and as effectually and fully, and as much to the benefit, advantage, ease, and safety of the said United States, and every of them, and of the subjects, people, and inhabitants thereof, to all intents and purposes, as the King and Kingdom of Great Britain, before the commencement of the present war, protected, defended, and

goods, or in any other way. And if A., to favour the said B., shall join in the present war against , A. shall not make a separate peace. VIII. In case of any war between A. and , A. shall never invade, nor attempt to invade, or get possession for himself of , nor any of the countries, cities, or towns, on the continent of , nor of the islands of , nor any other island near to the said continent, in the seas, or in any gulf, bay, or river thereof, it being the true intent and meaning of this treaty, that the said B. shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns, on the said continent, and of all islands near to it, whenever they be confederated or united with B. That A. be permitted to retain the same rights of fishery on the banks of Newfoundland, and all other rights relating to any the said islands, which he is entitled to by virtue of the treaty of Paris. IX. Nor shall A. at any time make any claim or demand to the said countries, islands, cities, and towns mentioned in the next preceding article, or any of them, or to any part thereof, for or on account of any assistance afforded to B. in attacking or conquering the same, or in obtaining such submission or confederation as has been mentioned in the preceding articles, nor on any other account whatever. X. If in any war A. shall conquer or get possession of , now under the jurisdiction of , or any of them, or any dominions of , in , the subjects or people of B. shall enjoy the same rights, liberties, privileges, immunities, and exemptions in trade, commerce, and navigation, to and from the said , that are mentioned in the second article in this treaty. XI. It is the true intent and meaning of this treaty, that no higher or other duties shall be imposed on the exportation to B. of any thing of the growth, production, or manufacture of , now belonging to , or which may hereafter belong to A., than the lowest that are or shall be imposed on the exportation thereof to , or to any other part of the world. XII. It is agreed by and between the said parties, that no duties whatever more than shall ever hereafter be imposed on the exportation of from any of the islands and dominions of A. to B. XIII. The subjects or people of B. being merchants and residing in , and their property and effects, shall be exempt from . XIV. The merchant ship of either of the parties, which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates expressly showing that her goods are not of the number of those which have been prohibited as contraband. XV. If, by the exhibiting of the abovesaid certificates, the other party discover there are any of those sorts of goods which are prohibited and declared contraband, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such belong to the subjects or people of A. or B., unless the lading be brought on shore in the presence of the officers of the Court of Admiralty, and an inventory thereof made, but there shall be no allowance made to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the Court of Admiralty shall, by a sentence pronounced, have confiscated the same, saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being, as it were, infected by the prohibited goods, much less shall they be confiscated as lawful prize; but if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor, having received those goods,

shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound. XVI. On the contrary it is agreed, that whatever shall be found to be laden by the subjects or people of either party, on any ship belonging to the enemy of the other, or to his subjects, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, except such goods and merchandises as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without the knowledge of such declaration. So that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of it without knowledge of it, shall nowise be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same, but so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. XVII. And that the more effectual care may be taken for the security of the subjects and people of both parties, that they suffer no injury by the men-of-war or privateers of the other party, all the commanders of the ships of A. and of B.; and all their subjects and people, shall be forbid doing any injury or damage to the other side; and if they act to the contrary they shall be punished, and moreover shall be bound to make satisfaction for all matter of damage and the interest thereof, by reparation, under the pain and obligation of their person and goods. XVIII All ships and merchandises, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either State, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor as soon as due and sufficient proof shall be made concerning the property thereof. XIX. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please, the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty or any other judges: nor shall such prizes be arrested or seized where they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes; but they may hoist sail at any time, and depart and carry their prizes to the place expressed in their cmmissions, which the commanders of such ships of war shall be obliged to show. On the contrary, no shelter or refuge shall be given in their ports to such as shall have made prizes of the subjects, people, or property of either parties; but if such should come in, being forced by stress of weather or the danger of the sea, all proper means shall be vigorously used, that they go out and retire from thence as soon as possible. XX. If any ships belonging to either of the parties, their subjects or people, shall, within the coasts or dominions of the other, stick upon the sands or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to his own country. XXI. In case the subjects and people of either party, with their shipping, whether publick and of war, or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, havens, roads, ports, or shores belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their ships and conveniency of their voyage; and they shall no ways be detained or hindered from returning

Fifth Series. — Vol. II. 85