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as far as their jurisdiction extends at sea, and to recover, and cause ta be restored to the true proprietors, their agents or attornies, all such vessels and effects, which shall be taken under their jurisdiction : And theịr vessels of war and convoys, in cases when they may have a com mon enemy, shall take under their protection all the vessels belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route ; and they shall defend such vessels as long as they shall hold the same course or follow the same route, against all attacks, force and violence of the common enemy, in the same manner as they ought to protect and de send the vessels belonging to their own respective subjects.
ARTICLE VI. The subjects of the contracting parties may, on one side and on the other, in the respective countries and states, dispose of their effects, by festament, donation, or otherwise ; and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab intestato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested, under pretext of any rights or prerogatives of any province, city, or private person ; and if the heirs, to whom such successions may have fallen, shall be minors, the tutors or curators, established by the judge domiciliary of the said minors, may govern, direct, administer, sell and alienate the effects fallen to the said minors by inheritance, and in general, în relation to the said successions and effects, use all the rights, and fulfil all the functions which belong, by the disposition of the laws, to guardians, tutors and curators: Provided nevertheless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators, by testament, codicil, or other legal instrument.
ARTICLE VII. It shall be lawful and free for the subjects of each party, to employ such advocates, attornies, notaries, solicitors or factors, as they shall judge proper.
ARTICLE VIII. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandises and goods in general, and cifects of one of the confederates, or of the subjects thereof, shall not la seized, or detained in any of the countries, lands, islands, cities, places, ports, shores or dominions whatsoever of the other confederate, for any military expedition, public or private use of any one, by arrests, viulence, or any colour thereof ; much less shall it be permitted to the subjects of either party, to take or extort by force, any thing from the subjects of the other party, without the consent of the owner ; whicli, however, is not to be understood of seizures, detentions and arrests, which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in res.ct where of, the proceedings must be by way of law, according to the furns of justice.
ARTICLE IX. It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other subjects and inhabitants of the contracting parties, in every place, subject to the jurisdiction of the two powers respectively, to manage themselves, their own business ; and moreover as to the use of interpreters or brokers, as also in relation to the loading or unloading of their vessels, and every thing which has relation thereto, they shall be, on one side and on the cther, considered and treated upon the footing of natural subjects, or, at least, upon an equality with the most favored nation.
ARTICLE X. The merchant ships, of either of the parties, coming from the port of an enemy, or from their own, or a neutral port, may navigate freely towards any port of an enemy ofthe other ally : They shall be, never. theless, held, whenever it shall be required, to exhibit, as well upon the high seas, as in the ports, their sea-letters, and other documents, described in the twenty-fifth article, stating expressly that their effects are not of the number of those, which are prohibited, as contraband : And, not having any contraband goods for an enemy's port, they may freely and without hindrance, pursue their voyage towards the port of an enemy. Nevertheless, it shall not be required to examine the papers of vessels convoyed by vessels of war, but credence shall be given to the word of the officer, who shall conduct the convoy.
ARTICLE XI. - If by exhibiting the sea-letters, and other documents, described more particularly in the twenty fifth article of this treaty, the other party shall discover there are any of those sorts of goods, which are declared prohibited, and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks, or other vessels found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their High Mightinesses, the States General of the United Netherlands, or to the subjecls or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the oficers of the court of Admiralty, and an inventory thereof made ; but there shall be no allowance to sell, exchange or alienate the same, until after that due and lawful process shall have been had against such prohibited goods o. contraband, and the court of Admiralty, by a sentence pronounced, shall have confiscated the same, saving always as well the ship itself
, as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the proh:bited goods, much less shall they be confiscated as lawful prize : But on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers that he who has taken and carried in the vessel has been able to discover any there, he ought to be condemned in all the charges, damages and interests of them, which he shall have caused, both to the owners of vessels, and to the owners and freighters of cargoes, with which they shall be loaded, by his temerity in taking and carrying them in ; declaring most expressly the free vessels shall assure the liberiy
of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who shall be found in a free vessel, who may not be taken out of her, unless they are military men actually in the service of an enemy.
ARTICLE XII. On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated in the same manner as if it belonged to the enemy ; except nevertheless such effects and merchandises as were put on board such vessel before the declaration of war, or in the space of six months after it, which effects shall not be, in any manner, subject to confiscation, but shall be faithfully and without delay restored in nature to the owners who shall claim them, or cause them to be claimed, before the confis. cation and sale, as also their proceeds, if the claim could not be made but in the space of eight months after the sale, which ought to be public; provided nevertheless, that if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.
ARTICLE XIII. And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer molestation from the vessels of war or privateers of the other party, it shall be forbidden to all commanders of vessels of war and other armed vessels of the said States General of the United Netherlands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party ; and if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and moreover obliged to make satisfaction for all damages and interests thereof, by reparation, under pain and obligation of their persons and goods.
ARTICLE XIV. For further determining of what has been said, all captains of privateers, or fitters-out of vessels armed for war, under commission and on account of private persons, shall be held, before their departure, to give sufficient caution, before competent judges, either to be entirely responsible for the malversations which they may commit in their cruises or voyages, as well as for the contraventions of their captains and officers against the present treaty, and against the ordinances and edicts which shall be published in consequence of and conformity to it, under pain of forfeiture and nullity of the said commissions.
ARTICLE XV. All vessels and merchancises of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas without requisite commissions, shall be brought into some port of one of the two states, and deposited in the hands of the officers of that port in order to be restored entire to the true proprietor as soon as due and sufficient proofs shall be made concerning the property thereof.
ARTICLE XVI. If any ships or vessels, belonging to either of the parties, their subalos jects or people, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked or suffer any other sea-damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and the vessels, effects and merchandises, or the part of them which shall have been saved, or the proceeds of them, if, being perishable, they shall have been sold, being claimed within a year and a day by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country : There shall also be delivered them, safe conducts or passports, for their free and safe passage from thence, and to return, each one to his own country.
ARTICLE XVII. In case the subjects or people of either party, with their shipping, whether public 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 harbor, to retract and enter into any of the rivers, creeks, bays, ports, roads, or shores, belonging to the other party, they shall be received 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 they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.
ARTICLE XVIII. For the better promoting of commerce, on both sides it is agreed, that if a war should break out, between their High Mightinesses the States General of the United Netherlands, and the United States of America, there shall always be granted to the subjects on each side, the term of nine months after the date of the rupture, or the proclamation of war, to the end that they may retire, with their effects, and transport them where they please, which it shall be lawful for them to do, as well as to sell or transport their effects and goods, in all frecdom, and without any hindrance, and without being able to proceed, during the said term of nine months, to any arrest of their effects, much less of their persons ; on the contrary, there shall be given them, for their vessels and their effects, which they would carry away, passports and safe conducts for the nearest ports of their respective countries, and for the time necessary for the voyage. And no prize made at sea, shall be adjudged lawful, at least, if the declaration of war was not or could not he known, in the last port, which the vessel taken, has quitted, but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them, in the interval of the said turms, a complete satisfaction shall be given them.
ARTICLE XIX. No subject of their High Miglitinesses the States General of the United Neinerlands, shall apply for or take any commission or letters of marle, for ürining ang siporships to act as privateers against the
said United States of America, or any of them, or the subjects and inhabitants of the said United States or any of them, or against the property of the inhabitants of any of them, from any prince or state with which the said United States of America may happen to be at war; por shall any subject or inhabitant of the said United States of Ameri. ca, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the High and Mighty Lords the States General of the United Netherlands, or against the subjects of their High Mightinesses, or any of them, or against the property of any one of them, from any prince or state with which their High Mightinesses may be at war: And if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.
ARTICLE XX. If the vessels of the subjects or inhabitants of one of the parties come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, or take in any cargo, they shall not be obliged to pay, neither for the vessels nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandises of contraband.
ARTICLE XXI. The two contracting parties grant to each other mutually, the liberty of having each in the ports of the other, consuls, vice-consuls, agents and commissaries of their own appointing, whose functions shall be regulated by particular agreement, whenever either party chooses, to make such appointments.
ARTICLE XXII. This treaty shall not be understood in any manner to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of the treaty with France, as they were numbered in the same treaty, concluded the sixth of February, one thousand seven hundred and seventy-eight, and which make the articles ninth, tenth, seventeenth and twenty-second of the treaty of commerce now subsisting between the United States of America and the crown of France : nor shall it hinder his Catholic Majesty from acceding to that treaty, and enjoying the advantages of the said four articles.
ARTICLE XXIII. If at any time the United States of America shall judge necessary, to commence negociations with the King or Emperor of Morocco and Fez, and with the Regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain passports for the security of their navigation in the Mediterranean sea, their High Mightinesses promise, that upon the requisition, which the United States of America shall make of it, they will second such negociations in the most favorablc manner, by means of their consuls, residing near the said King, Emperor and Regencies.
ARTICLE XXIV. The liberty of navigation and commerce shall extend to all sorts of merchandises, excepting only those, which are distinguished under the Dape of contraband, or merchandises prohibited : And under this de