Pirates not to be pro goods taken by fhall pronounce fentence against any veffel, or goods or property belonging to the fubjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the faid fentence, fhall, if required, be delivered to the commander of the faid veffel, without the smallest delay, he paying all legal fees and demands for the fame. ARTICLE XX. It is further agreed that both the faid contected, and tracting parties, fhall not only refuse to receive any pirates into any of their ports, havens, or them to be towns, or permit any of their inhabitants to receive, protect, harbor, conceal or assist them in any manner, but will bring to condign punishment all fuch inhabitants as shall be guilty of fuch acts or offences. restored. And all their fhips with the goods or merchandizes taken by them and brought into the port of either of the faid parties, fhall be feized as far as they can be difcovered, and fhall be restored to the owners, or their factors or agents, duly deputed and authorized in writing by them (proper evidence being first given in the court of admiralty for proving the property) even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew or had good reafon to believe, or suspect that they had been piratically taken. ARTICLE XXI. It is likewife agreed, that the fubjects and citizens of the two nations, fhall not do any acts of hoftility or violence against each other, nor accept commiflions or inftructions fo to a&t from any foreign prince or ftate, enemies to the other party; nor fhall the enemies of citizens of accept reign state one of the parties be permitted to invite, or Subjects or endeavour to inlift in their military fervice, one party any of the fubjects or citizens of the other fhall not party; and the laws against all fuch offences common and aggreffions fhall be punctually executed. from a foAnd if any fubject or citizen of the faid par- at war with ties respectively, fhall accept any foreign com- the other. miffion, or letters of marque, for arming any veffel to act as a privateer against the other party, and be taken by the other party, it is hereby declared to be lawful for the faid party, to treat and punish the faid fubject or citizen, having such commiffion or letters of marque, as a pirate. ARTICLE XXII. till demand refufal. It is exprefsly ftipulated, that neither of the No reprifat faid contracting parties will order or autho- of fatisfacrize any acts of reprifal against the other, on tion and complaints of injuries or damages, until the faid party shall first have prefented to the other a ftatement thereof, verified by competent proof and evidence, and demanded justice and fatisfaction, and the fame fhall either have been refused or unreasonably delayed. ARTICLE XXIII. received in The fhips of war of each of the contracting ships of parties fhall, at all times, be hofpitably receiv- war of each ed in the ports of the other, their officers and to be crews paying due respect to the laws and go- the ports of vernment of the country. The officers fhall the other. be treated with that refpect which is due to the commiffions which they bear, and if any infult fhould be offered to them by any of the inhabitants, all offenders in this respect fhall be punished as difturbers of the peace and amity between the two countries. And his Majesty confents, that in case an American veffel fhould, by stress of weather, danger from enemies or veffels in cafe of itrels of weather British ports. American other misfortune, be reduced to the neceffity of feeking fhelter in any of his Majefty's ports, into which fuch veffel could not in ordinary may enter cafes claim to be admitted, she shall, on manifefting that neceffity to the fatisfaction of the government of the place, be hofpitably received and be permitted to refit, and to purchase at the market price, fuch neceffaries as fhe may stand in need of, conformably to fuch orders and regulations as the government of the place, having refpect to the circumstances of each cafe, fhall prescribe. She fhall not be allowed to break bulk or unload her cargo, unless the fame fhall be bona fide neceffary to her being refitted. Nor fhall be permitted to fell any part of her cargo, unless fo much only as may be neceffary to defray her expenfes, and then not without the exprefs permiffion of the government of the place. Nor fhall fhe be obliged to pay any duties whatever, except only on fuch articles as fhe may be permitted to fell for the purpose aforefaid. Foreign privateers' ARTICLE XXIV. It fhall not be lawful for any foreign privateers (not being subjects or citizens of either not to arm of the faid parties) who have commiffions from of either any other prince or ftate in enmity with either nation, nor nation, to arm their fhips in the ports of either to fell their of the faid parties, nor to fell what they have in the ports prizes. taken, nor in any other manner to exchange the fame; nor fhall they be allowed to purchafe more provifions, than fhall be neceffary for their going to the nearest port of that prince or ftate from whom they obtained their commiffions. ARTICLE XXV. It fhall be lawful for the fhips of war and privateers belonging to the faid parties refpec prizes and tively, to carry whitherfoever they please, the Regulafhips and goods taken from their enemies, with- tions refpecting out being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; captures. nor fhall the faid prizes when they arrive at, and enter the ports of the faid parties, be detained or feized, neither fhall the fearchers or other officers of thofe places vifit fuch prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on fhore in any manner contrary to the established laws of revenue, navigation or commerce) nor fhall fuch officers take cognizance of the validity of fuch prizes; but they fhall be at liberty to hoift fail, and depart as fpeedily as may be, and carry their faid prizes to the place mentioned in their commiflions or patents, which the commanders of the faid fhips of war or privateers fhall be obliged to fhew. No fhelter or refuge fhall be given in their ports to fuch as have made a prize upon the fubjects the fubjects or citizens of either of the faid parties; but if forced by ftrefs of weather, or the dangers of the fea, to enter therein, particular care fhall be taken to haften their departure, and to cause them to retire as foon as poffible. Nothing in this treaty contained fhall, however, be conftrued or operate contrary to former and exifting public treaties with other fovereigns or ftates. But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that fhall be inconfiftent with this or the preceding article. Neither of the faid parties fhall permit the fhips or goods belonging to the subjects or citizens of the other, to be taken within cannonfhot of the coaft, nor in any of the bays, ports, or rivers of their territories, by fhips of war, or Vol. II. Q3 Privileges of the fub tizens of ions of the other in cafe of a rupture. others having commiffion from any prince, republic, or state whatever. But in cafe it should fo happen, the party whofe territorial rights fhall thus have been violated, fhall use his utmost endeavours to obtain from the offending party, full and ample fatisfaction for the veffel or veffels fo taken, whether the fame be veffels of war or merchant veffels. ARTICLE XXVI. If at any time a rupture should take place, jects and ci- (which God forbid) between his Majefty and the United States, the merchants and others each party of each of the two nations, refiding in the dorefiding in the domi- minions of the other, fhall have the privilege of remaining and continuing their trade, so long as they behave peaceably, and commit no offence against the laws; and in case their conduct should render them fufpected, and the refpective governments fhould think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose, to remove with their families, effects and property; but this favour fhall not be extended to those who fhall act contrary to the established laws; and for greater certainty, it is declared, that fuch rupture fhall not be deemed to exift, while negociations for accommodating differences fhall be depending, nor until the respective ambaffadors or minifters, if such there fhall be, fhall be recalled, or fent home on account of fuch differences, and not on account of perfonal misconduct, according to the nature and degrees of which, both parties retain their rights, either to requeft the recal, or immediately to fend home the ambaffador or minifter of the other; and that without prejudice to their mutual friendship and good understanding. |