without the confent of the owner. This, however, is not understood to comprehend feizures, detentions, and arrefts, made by order and by the authority of justice, and according to the ordinary courfe for debts or faults of the fubject, for which procefs fhall be had in the way of right according to the forms of juftice.

XVIII. If it fhould happen that the two contending parties fhould be engaged in a war at the fame time with a common enemy, the following points fhall be observed on both fides:

1. If the fhips of one of the two nations retaken by the privateers of the other have not been in the power of the enemy more than twenty-four hours, they fhall be restored to the original owner, on payment of one-third of the value of the fhip and cargo. If, on the contrary, the veffel retaken has been more than twenty-four hours in the power of the enemy, it fhall belong wholly to him. who has retaken it.

2. In cafe, during the interval of twenty-four hours, a veffel be retaken by a man of war of either of the two parties, it fhall be restored to the original owner, on payment of a thirtieth part of the value of the veffel and cargo, and a tenth part, if it has been retaken after the twenty-four hours, which fums fhall be diftributed as a gratification among the crew of the man of war that fhall have made the recapture.

3.

The prize, made in manner above mentioned, shall be restored to the owners after proof made of the property, upon giving fecurity for the part coming to him who has recovered the veffel from the hands of the enemy.

4. The men of war and privateers of the two nations fhall reciprocally be admitted with their prizes into each other's ports; but the prizes fhall not be unloaded or fold there until the legality of a prize made by Swedish ships fhall have been determined according to the laws and regulations established in Sweden, as alfo that of the prizes made by American veffels fhall have been determined according to the laws and regulations established by the United States of America.

5. More

5. Moreover, the King of Sweden and the United States of America, fhall be at liberty to make fuch regu lations as they fhall judge neceffary refpecting the conduct which their men of war and privateers respectively fhall be bound to obferve with regard to veffels which they fhall take and carry into the ports of the two powers.

XIX. The hips of war of his Swedish Majefty, and thofe of the United States, and also those which their fubjects fhall have armed for war, may with all freedom conduct their prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations, and the faid prizes, upon entering the faid ports, fhall not be fubject to arreft or feizure, nor fhall the officers of the places take cognizance of the validity of the faid prizes, which may depart and be conducted freely, and with all liberty, to the places pointed out in their commiffions, which the captains of the said veffels shall be obliged to fhew.

XX. In cafe any veffel belonging to either of the two ftates, or to their fubjects, fhall be ftranded, shipwrecked, or fuffer any other damage on the coafts, or under the dominion of either of the parties, all aid and affiftance fhall be given to the perfons fhipwrecked, or who may be in danger thereof, and paffports fhall be granted to them to fecure their return to their own country. The fhips and merchandifes wrecked, or their proceeds, if the effects have been fold, being claimed in a year and a day by the owners or their attorney, fhall be restored, on their paying the cofts of falvage, conformable to the laws and cuftoms of the two nations.

XXI. When the subjects and inhabitants of the two parties, with their veffels, whether they be publick and equipped for war, or private employed in commerce, fhall be forced by tempeft, by purfuit of privateers and of enemies, or by any other urgent neceffity, to retire and enter any of the rivers, bays, roads, or ports of either of the two parties, they fhall be received and treated with all humanity and politenefs, and they fhall enjoy all friendship, protection, and affiftance, and they fhall be at liberty to fupply themfelves with refreshments, provifions, and every thing neceffary for their fuftenance, for

the

the repair of their veffels, and for continuing their voyage; provided always, that they pay a reasonable price, and they fhall not, in any manner, be detained or hindred from failing out of the faid ports or roads, but they may retire and depart when, and as they please, without any obftacle or hindrance.

XXII. In order to favour commerce on both fides as much as poffible, it is agreed, that in cafe a war fhould break out between the faid two nations, which God forbid, the term of nine months after the declaration of war, fhall be allowed to the merchants and subjects refpectively on one fide and the other, in order that they may withdraw with their effects and moveables, which they fhall be at liberty to carry off or to fell where they please, without the leaft obftacle; nor fhall any feize their effects, and much less their perfons, during the faid nine months; but, on the contrary, paffports which shall be valid for a time neceffary for their return, fhall be given them for their veffels and the effects which they thall be willing to carry with them. And if any thing is taken from them, or if any injury is done to them by one of the parties, their people and fubjects, during the term above described, full and entire fatisfaction fhall be made to them on that account. The above-mentioned paffports fhall also serve as a fafe conduct against all infults or prizes which privateers may attempt against their perfons and effects.

XXIII. No fubject of the King of Sweden fhall take a commiffion or letters of marque for arming any veffel to act as a privateer against the United States of America, or any of them, or against the fubjects, people, or inhabitants of the faid United States, or any of them, or against the property of the inhabitants of the said states, from any Prince or ftate whatever, with whom the said United States fhall be at war. Nor fhall any citizen, fubject, or inhabitant of the said United States, or any of them, apply for, or take any commiffion or letters of marque for arming any veffel to cruize against the fubjects of his Swedish Majefty, or any of them, or their property, from any Prince or ftate whatever, with whom his faid Majefty fhall be at war. And if any person of

either

either nation fhall take fuch commiffion or letters of marque, he shall be punished as a pirate.

XXIV. The veffels of the fubjects of either of the parties coming upon any of the coafts belonging to the other, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes, or to break bulk, fhall not be obliged to do it, but, on the contrary, fhall enjoy all the franchises and exemptions which are granted by the rules fubfifting with refpect to that object.

XXV. When a veffel belonging to the fubjects and inhabitants of either of the parties, failing on the high fea, Thall be met by a fhip of war or privateer of the other, the said ship of war and privateer, to avoid all diforder, shall remain out of cannon fhot, but may always fend their boat to the merchant fhip, and cause two or three men to go on board of her, to whom the mafter or commander of the faid veffel fhall exhibit his paffport, ftating the property of the veffel, and when the faid veffel fhall have exhibited her paffport, the fhall be at liberty to continue her voyage, and it fhall not be lawful to moleft or fearch her in any manner, or to give her chace or force her to quit her intended course.

XXVI. The two contracting parties grant mutually the liberty of having each in the ports of the other, confuls, vice confuls, agents, and commiffaries, whofe functions fhall be regulated by a particular agreement.

XXVII. The prefent treaty fhall be ratified on both fides, and the ratifications fhall be exchanged in the fpace of eight months, or fooner if poffible, counting from the day of the fignature.

In faith whereof, the refpective Plenipotentiaries have figned the above articles, and have thereunto affixed their feals.

Done at Paris, the 3d day of April, in the year of our Lord 1783.

(Signed)

(L.S.) GUSTAV. PHILIP Comte de CREUTZ, (L. S.) B. FRANKLIN.

VOL. III.

Y

Separate

Separate Article.

T

THE King of Sweden, and the United States of North America, agree, that the prefent treaty fhall have its full effect for the space of fifteen years, counting from the day of the ratification, and the two contracting parties referve to themselves the liberty of renewing it at the end of that term.

Done at Paris, the 3d day of April, in the year of our Lord 1783.

(Signed)

(L. S.) GUSTAV. PHILIP Comte de CREUTZ. (L. S.) B. FRANKLIN.

Separate Articles.

Article I. His Swedish Majefty fhall use all the means in his power to protect and defend the veffels and effects belonging to citizens or inhabitants of the United States of North America, and every one of them which fhall be in the ports, havens, roads, or in the feas near the countries, iflands, cities, and towns of his faid Majesty, and fhall use his utmost endeavours to recover and reftore to the right owner all fuch veffels and effects which fhall be taken from them within his jurifdiction.

II. In like manner, the United States of North America fhall protect and defend the veffels and effects belonging to the fubjects of his Swedish Majefty which fhall be in the ports, havens, or roads, or on the feas near to the countries, iflands, cities, and towns of the faid ftates, and, fhall ufe their utmost efforts to recover and reftore to the right owners all fuch veffels and effects which fhall be taken from them within their jurifdiction.

III. If, in any future war at fea, the contracting powers refolve to remain neuter, and as fuch, to obferve the ftricteft neutrality, then it is agreed, that if the merchant thips of either patty fhould happen to be in a part of the fea where the thips of war of the faid nation are not stationed, or if they are met on the high fea, without being able to have recourfe to their own convoys, in that cafe,

the