Page:United States Statutes at Large Volume 8.djvu/184

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ry; TREATY WITH PRUSSIA. 1799. ARTICLE XVII. Sglvnge on re. If any vessel or effects of the neutral power be taken by an enemy of capture. when the other, or by a pirate, and retaken by the power at war, they shall 2f5g2z2g?"' be restored to the lirst proprietor, upon the conditions hereafter strpu. ` lated in the twenty-first article for cases of re-capture. ARTICLE XVIII. mgm of My. If the citizens or subjects of either party, in danger from tempestg, lvm- pirates, enemies or other accident, shall take refuge with their vessels or eifects, within the harbours or jurisdiction of the other, they shall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish themselves, at reasonable prices, with all refreshments, provisions, and other things necessary for their sustenance, health and accommodation, and for the repair of their vessels. ARTICLE XIX. Bringing {no; The vessels of war, public and private, of both parties, shall carry ¤¤1¤¤· freely, wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees to ollicers of admiralty, of the customs, or any others; nor shall such prizes be arrested, searched, or put under legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. But conformably to the treaties existing between the United States and Great Britain, no vessel, that shall have made a prize upon British subjects, shall have a right to shelter in the ports of the United States, but if forced therein by tempests, or any other danger, or accident of the sea, they shall be obliged to depart as soon as possible. ARTICLE XX. The subjects No citizenor subject of either of the contracting parties shall take E; *H*°£¤:*>é° from any power with which the other may be at war, any commission ,6,*;,,,;* 0,- ° or letter of marque, for arming any vessel to act as a privateer against marque from the other, on pain of being punished as a pirate; nor shall either party mtr ¤¤:ml'8<;Y hire, lend or give any part of its naval or military force to the enemy ° °` °r’ °' of the other, to aid them offensively or defensively against the other. ARTICLE XXI. Rules appli- If the two contracting parties should be engaged in a war against a <>¤bl¤ *•>}h° common enemy, the following points shall be observed between them. prosecution of n com n a . mo W r 1. If a vessel of one of the parties, taken by the enemy, shall, before being carried into a neutral or enemy's port, be retaken by a ship of war or privateer of the other, it shall, with the cargo, be restored to the first owners, for a compensation of one eighth part of the value of the said vessel and cargo, if the recapture be made by a public ship of war, and one sixth part, if made by a privateer. 2. The restitution in such cases shall be after due proof of property, and surety given for the part to which the recaptors are entitled. il. The vessels of war, public and private, of the two parties, shall recrprocally be admitted with their prizes into the respective ports of each, but the said prizes shall not be discharged, or sold there, untill