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ARTICLE II. The same.

description passing from one port to another port of either of the parties.

ARTICLE II.

No person being a subject or citizen of one of the parties, and resorting to or residing in the dominions of the other, shall in any case be compelled to serve on board any vessel, whether publick or private, belonging to such other party; and all citizens or subjects whatever of the respective parties, at this time compulsively serving on board the vessels of the other, shall be forthwith liberated, and enabled, by an adequate recompense, to return to their own country.

ARTICLE III.

The same.

ARTICLE III.

If the ships of either of the parties shall be met with, sailing either along the coasts or on the high seas, by any ship of war or other publick or private armed ships of the other party, such ships of war, or other armed vessels shall, for avoiding all disorder in visiting and examining the same, remain out of cannon shot, unless the state of the sea or the place of meeting render a nearer approach necessary; and shall in no case compel or require such vessel to send her boat, her papers, or any person from on board to the belligerent vessel; but the belligerent vessel may send her own boat to the other, and may enter her to the number of two or three men only, who may, in an orderly manner, make the necessary inquiries concerning the

vessel and her cargo; and it is agreed that effectual provision shall be made for punishing violations of any part of this article.

ARTICLE IV.

The same.

ARTICLE IV.

Contraband of war shall consist of the following articles only: saltpetre, sulphur, cuirasses, pikes, swords, sword belts, knapsacks, saddles and bridles, cannons, mortars, fire arms, pistols, bombs, grenades, bullets, fire locks, flints, matches, and gunpowder, excepting, however, the quantity of the said articles which may be necessary for the defence or use of the ship and those who compose the crew; and no other articles whatever, not here enumerated, shall be reputed contraband or liable to confiscation, but shall pass freely, without being subjected to the smallest difficulty, unless they be enemy's property; and it is to be particularly understood, that under the denomination of enemy's property is not to be comprised the merchandise of the growth, produce, or manufactures of the countries or dominions at war, which shall have been acquired by the citizens or subjects of the neutral power, and shall be transported for their account; which merchandise cannot, in any case, or on any pretext, be excepted from the freedom of the neutral flag.

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ARTICLE VIII.

Omit "captains, officers."

ARTICLE VIII.

It is agreed that no refuge or protection shall be afforded by either party, to the "captains, officers," mariners, sailors, or other persons not found to be its own citizens or subjects, who shall desert from a vessel of the other party, of the crew whereof the deserter made a part; but, on the contrary, all such deserters shall be delivered up, on demand, to the commanders of the vessels from which they shall have deserted, or to the commanding officers of the ships of war of the respective nations, or to such other persons as may be duly authorized to make requisition in that behalf; provided, that proof be made, within two years from the time of desertion, by an exhibition of the ship's papers, or authenticated copies thereof; and by satisfactory evidence of the identity of the person, that the deserters so demanded were actually part of the crew of the vessels in question.

And for the more effectual execution of this article, adequate provision shall be made for causing to be arrested, on the application of the respective consuls or vice-consuls to the competent authorities, all deserters as aforesaid, duly proved to be such, in order that they may be sent back to the commanders of the vessels to which they belonged, or removed out of the country, and all due aid and assistance shall be given in searching for, as well as in seizing and arresting the said deserters;

who shall even be detained and kept in the prisons of the country at the request and expense of the said consuls or vice consuls, until they shall have found an opportunity of sending them back or removing them as aforesaid. But if they be not so sent back or removed within three months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same

cause.

ARTICLE IX.

Qmit "officers or."

ARTICLE IX.

It is further agreed that no refuge or protection shall be afforded, by either of the parties, to any "officers or" soldiers, not found to be its own citizens or subjects, who shall desert from the military service of the other; but that, on the contrary, effectual measures shall be taken, in like manner and under like regulations and conditions, as with respect to sailors, for apprehending any such deserting soldiers, and delivering them to the commanding officers of the military posts, forts or garrisons from which they shall have deserted, or to the consuls or vice consuls on either side, or to such persons as may be duly authorized to demand their restitution.

ARTICLE X.

Omitted.

ARTICLE X.

It is however understood, that no stipulation herein made shall be construed to empower the civil or military officers of either of the parties to enter forcibly into any of the forts,

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