XVII. The fhips of war of his Moft Chriftian Majefty, and those of the United States, as well as privateers fitted out by their subjects, fhall be at full liberty to conduct where they please fuch prizes as they fhall take from the enemy, without being amenable to the jurifdiction of their Admirals or Admiralty, or any other power; and the faid veffels or prizes, entering into the harbours or ports of his Most Christian Majefty, or those of the faid United States, fhall be neither ftopped nor feized, nor fhall the officers of fuch places inquire into the validity of the faid prizes, but fhall be permitted to depart freely and at full liberty, to fuch places as directed in the commiffions, which the Captains of the faid fhips fhall be obliged to produce. And, on the contrary, they fhall neither give security nor retreat, in their ports or harbours, to any prizes made on the fubjects of his Majefty, or the faid United States; and, if such shall be found to enter their ports, through storms or dangers of the sea, they fhall be obliged to depart as foon as poffible.

XVIII. Should a fhip belonging to either of the two States, or their fubjects, run aground, be wrecked, or fuffer other damages, upon the coafts belonging to one of the two parties, they fhall give all friendly aid and affiftance to fuch as are in danger, and take every method to fecure their fafe paffage, and return to their own country.

XIX. When the subjects and inhabitants of one of the two parties with their fhips, whether men of war, privateers or merchantmen, fhall be forced by foul weather, by the pursuits of pirates or enemies, or by any other urgent neceffity, to feek fhelter and refuge, to run into and enter fome river, bay, road or port belonging to one of the two parties, they fhall be received and treated with humanity and kindness, and shall enjoy all the friendship, protection, and affiftance, and fhall be permitted to procure refreshments, provifions and every thing neceffary for their fubfiftence, for the repairing of their fhips, and to enable them to pursue their voyage, paying a reasonable price for every thing; and they fhall not be detained in any manner, nor prevented quitting the faid

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ports or roads, but fhall be permitted to depart at pleafure, without any obftacle or impediment.

XX. In order the better to promote the commerce of the two parties, it is agreed, that in cafe a war fhould commence between the two faid nations, fix months fhall be allowed, after the declaration of war, to the merchants living in their towns and cities, to collect and transport their merchandife; and, if any part of them fhall be stolen or damaged, during the time above prefcribed by either of the two parties, their people or fubjects fhall be obliged to make full and perfect fatisfaction for the fame.

XXI. No fubject of the Moft Chriftian King shall take commiffion, or letters of marque, to arm any fhip or veffel, to act as a privateer against the said United States, or any of them, or against their subjects, people or inhabitants, or against their property, or that of the inhabitants of any of them, from any Prince whatever, with whom the faid United States fhall be at war. In like manner, no citizen, fubject or inhabitant of the faid United States, or any of them, fhall demand or accept any commiffion or letters of marque, to arm any fhips or veffels, to act against the subjects of his Moft Chriftian Majefty, or any of them, or their property, from any Prince or State whatever, with whom his faid Majefty may be at war; and if any of the two nations fhall take fuch commiffions or letters of marque, they shall be punished as pirates.

XXII. No foreign privateer, not belonging to fome fubject of his Moft Chriftian Majefty, or to a citizen of the faid United States, which fhall have a commiffion from any Prince or power at war with one of the two nations, fhall be permitted to arm their fhips in the ports of one of the two parties, nor to fell their prizes, nor to clear their fhips, in any manner whatever, of their merchandifes, or any part of their cargo; they fhall not even be permitted to purchase any other provifions, than fuch as are neceffary to carry them to the neareft port of the Prince or State of whom they hold their commiffion.

XXIII. All and each of the fubjects of the Moft Chriftian King, as well as the citizens, people and in

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habitants of the faid United States, fhall be permitted to work their veffels in full liberty and fecurity, without any exception being made thereto, on account of the proprietors of merchandises on board the faid: veffels, coming from any port whatever, and deftined for fome place belonging to a power actually an enemy, or which may become fuch, of his Moft Christian Majesty or the United States. It fhall be equally permitted to the subjects and inhabitants above mentioned, to navigate their fhips and merchandises, and to frequent, with the fame liberty and fecurity, the places, ports and havens of the powers, enemies to the two contracting parties, or one of them, without oppofition or moleftation, and to trade with them, not only directly from ports of the enemy to any neutral port, but alfo from one port of the enemy to another of the fame, whether under the jurisdiction of one or more and it is ftipulated by the prefent treaty, that all free veffels fhall equally enjoy the liberty of trade, and that every thing fhall be judged free which is found on board the fhips belonging to the subjects of one of the contracting parties, even though the cargo, or part of it, fhould belong to the enemies of one of them; excepting always, however, all contraband goods. It is equally agreed, that the fame liberty fhall extend to perfons on board fuch free fhips, even though they shall be enemies to one of the two contracting parties, and shall not be taken from the faid fhips, unlefs in arms, and actually in the enemy's fervice.

XXIV. This free navigation and commerce is extended to all forts of merchandizes, excepting only fuch as fhall be deemed contraband or prohibited, and under fuch denomination are comprehended arms, cannons, bombs, with their fufees and other apurtenances, bullets, powder, matches, pikes, fwords, lances, darts, halberds, mortars, pitards, granades, faltpetre, fufils, balls, bucklers, cafques, cruiaffes, coats of mail, and other arms of that kind, proper for the defence of foldiers; gun-locks, fhoulderbelts, horfes and their trappings, and all other inftruments of war whatever. The following merchandises are not to be confidered as contraband or prohibited, viz. all forts of cloths, and other woollen ftuffs, linen, filk,

cotton, or other fuch matters; all forts of clothes, with the materials of which they are ufually made; gold and filver, either in fpecie or otherwise, pewter, iron, latten, copper, brafs, coals, and even wheat and barley, and all other forts of grain and roots; tobacco and all forts of fpices, falted and dried provifions, dried fish, cheese and butter, beer, oil, wine, fugar, and all kinds of falt, and in general, all kinds of provifions neceffary for the nourishment of man, and for the fupport of life; also all forts of cotton, hemp, linen, pitch, tar, cords, cables, fails, canvas for fails, anchors, parts of anchors, mafts, planks, timber and wood of all kinds, and all other things proper for the building and repairing of fhips, and other matters whatfoever, which are not in the form of warlike inftruments for fea or land, fhall not be reputed contraband, much lefs fuch as are already prepared for other ufes. All the articles above mentioned are to be comprised among the free articles of merchandife, as well as all the other merchandifes and effects which are not comprised and particularly named in the lift of contraband merchandifes; fo that they may be tranfported and conducted in the freeft manner, by the fubjects of the two contracting parties, into any of the enemy's ports ; excepting, however, that fuch places are not actually befieged, blocked up, or invefted.

XXV. In order to remove and prevent diffentions and quarrels on either fide, it is agreed, that in cafe one of the two parties fhall find themfelves engaged in a war, the fhips and veffels belonging to the fubjects or people of the other ally, fhall be provided with marine paffports, which fhall exprefs the name, property and burden of the fhip, as well as the name and place of abode of the mafter and commander of the faid fhip, in order that it may from thence appear that the fame hip really and truly belongs to the fubjects of one of the two contracting parties. These paffports are to be annually renewed, in cafe the fhip returns home in the fpace of one year. It is alfo agreed, that the above-mentioned fhips, in cafe they fhall be laden, are to be provided not only with paffports, but also with certificates, containing the particulars of the cargo, the place from whence the fhip

came

came, and a declaration of what contraband goods are on board; which certificate is to be made in the accustomed form, by the officers of the place from whence the fhip failed; and if it be judged neceffary or prudent to exprefs in the faid paffports the perfons to whom the merchandife belongs, it must be freely complied with.

XXVI. In cafe any fhips of the fubjects and inhabitants of one of the two contracting parties fhould approach the coaft of the other, without any intention to enter the port, or, after having entered it, without any intention to unload their cargo, or break bulk, they fhall conduct themselves, in that refpect, according to the general rules prefcribed, or to be prefcribed, relative to that matter.

XXVII. When any veffel belonging to the faid sub÷ jects, people, and inhabitants of one of the two parties, hall meet, while failing along the coaft or on the open fea, a fhip of war or privateer, belonging to the other, the faid fhip of war or privateer in order to avoid diforder, fhall bring fuch veffel to, and fend her boat with two or three on board her, to whom the mafter or commander of the merchantman fhall produce his paffport, and prove the property of the veffel; and as foon as fuch paffport fhall be produced, the master shall be at liberty to pursue his voyage, without being molested, or in any other manner driven or forced to alter his intended course.

XXVIII. It is agreed, that when the merchandises fhall be put on board fhips or veffels of one of the two contracting parties, they fhall not be fubject to be examined again, all fuch examination and fearch being to be made before loading, and the prohibited goods being to be stopped and feized on fhore, before they could be embarked, unless there are strong fufpicions or proofs of fraudulent practices: So that no fubject of his Moft Christian Majefty, or of the United States, can be stopped or molested for that cause by any kind of embargo; but fuch fubjects of the State who fhall prefume to vend or fell fuch merchandifes as are prohibited, fhall be duly punished for fuch infraction of the treaty. XXIX. The

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