one of the parties, to the enemies of the other, shall be deemed contraband, fo as to induce confifcation or condemnation and a lofs of property to individuals. Nevertheless, it fhall be lawful to ftop fuch veffels and articles, and to detain them for fuch length of time as the captors may thing neceffary, to prevent the inconvenience or damage that might enfue from their proceeding, paying, however, a reasonable compenfation for the lofs fuch arreft fhall occafion to the proprietors: and it fhall farther be allowed to use in the service of the captors, the whole or any part of the military ftores fo detained, paying the owners the full value of the fame, to be ascertained by [the current price at the place of its deftination. But in the cafe fuppofed, of a veffel flopped for articles heretofore deemed contraband, if the mafter of the veffel ftopped will deliver out the goods fuppofed to be of contraband nature, he shall be admitted to do it; and the veffel shall not in that case be carried into any port, nor further detained, but fhall be allowed to proceed on her voyage.

XIV. And in the fame cafe, where one of the parties is engaged in war with another power, that the veffels of the neutral party may be readily and certainly known, it is agreed, that they fhall be provided with fea letters, or paffports, which fhall express the name, the property, and burden of the veffel, as alfo the name and dwelling of the mafter; which paffports fhall be made out in good and due forms, to be fettled by conventions between the parties, whenever occafions fhall require; fhall be renewed as often as the vessel fhall return into port; and fhall be exhibited, whenever required, as well in the open fea as in port. But if the faid veffel be under convoy of one or more reffels of war, belonging to the neutral party, the fimple declaration of the officer commanding the convoy, that the faid veffel belongs to the party of which he is, fhall be confidered as eftablishing the fact, and fhall relieve both parties from the trouble of further examination.

XV. And to prevent entirely all diforder and violence in fuch cafes, it is ftipulated, that when the veffels of the neutral party, failing without convoy, fhall be met by any vessel of war, public or private, of the other party, such vessel of war fhall not approach within cannon fhot of the faid neutral veffel, nor fend more than two or three men in their boat on board the fame, to examine her fea letters or palports. And all perlons belonging to any veffel of war, public or private, who fhall moleft or injure, in any manner whatever, the people, veffels, or effects of the other party, fhall be refponible

in their perfons and property, for damages and intereft; fuffcient fecurity for which fhall be given by all commanders of private armed veffels, before they are commiffioned.

XVI. It is agreed, that the fubjects or citizens of each of the contracting parties, their veffels and effects, fhall not be liable to any embargo or detention on the part of the other, for any mililitary expedition, or other public or private purpose whatsoever. And in all cafes of feizure, detention, or arreft, for debts contracted, or offences committed by any citizen of fubject of the one party, within the jurifdiction of the other, the fame fhall be made and profecuted by order and authority of law only, and according to the regular courfe of proceedings ufual in fuch cafes.

XVII, If any veffel or effects of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the other, they fhall be brought into fome port of one of the parties, and delivered into the cuftody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due proof fhall be made concerning the property thereof.

XVIII. If the citizens or fubjects of either party, in danger from tempefts, pirates, enemies, or other accident, fhall take refuge, with their veffels or effects, within the harbours or jurifdiction of the other, they fhall be received, protected, and treated with humanity and kindness, and fhall be pers mitted to furnish themselves at reasonable prices with all refreshments, provifions, and other things neceffary for their fufte nance, health and accommodation, and for the repair of their veffels.

XIX. The vessels of war, public and private, of both parties, fhall carry freely wherefoever they pleafe, the veffels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees, to officers of admiralty, of the customs, or any others; nor fhall fuch prizes be arrested, fearched or put under legal process, when they come to, and enter the ports of the other party; but may freely be carried out again at any time, by their captors, to the places expreffed in their commiffions, which the commanding officer of such veffels fhall be obliged to fhew, But no veffel which fhall have made prizes on the fubjects of his Moft Chriftian Majefty the King of France, fhall have a right of afylum in the ports or havens of the faid United States: and if any fuch be forced therein, by tempeft or dangers of the fea, they fhall be obliged to depart as foon as poffible, according to the tenor of the treaties

exifting between his faid Moft Chriftian Majefty and the faid United States.

XX. No citizen or subject of either of the contracting parties fhall take from any power with which the other may be at war, any commiffion or letter of marque for arming any veffel to act as privateer against the other, on pain of being punished as a pirate; nor fhall either party hire, lend, or give any part of their naval or military force to the enemy of the other, to aid them offenfively or defenfively against that other.

XXI. If the two contracting parties fhould be engaged in a war against a common enemy, the following points shall be obferved between them:

ift. If a veffel of one of the parties, retaken by a privateer of the other, shall not have been in poffeffion of the enemy more than twenty-four hours, fhe fhall be restored to the first owner for one third of the value of the vessel and cargo; but if fhe fhall have been more than twenty-four hours in the pof feffion of the enemy, the fhall belong wholly to the recaptor. 2d. If in the fame cafe the recapture were by a public vessel of war of one party, reftitution fhall be made to the owner for one thirtieth part of the value of the vessel and cargo, if she fhall not have been in the poffeffion of the enemy more than twenty-four hours, and one tenth of the said value where the fhall have been longer, which fums fhall be distributed in gratui ties to the recaptors. gd. The restitution in the cases afoesaid, fhall be after due proof of property, and furety given for the part to which the recaptors are entitled. 4th. The veffels of war, public and private, of the two parties, fhall be reciprocally admitted with their prizes into the refpective ports of each but the faid prizes fhall not be difcharged nor foid there, until their legality fhall have been decided, according to the laws and regulations of the ftate to which the captor belongs, but by the judicatures of the place into which the prize fhall have been conducted. 5th. It fhall be free to each party to make fuch regulations as they hall judge neceffary, for the conduct of their refpeftive veffels of war, public and private, relative to the veffels which they shall take and carry into the ports of the two parties.

XXII. Where the parties fhall have a commnon enemy, or fhall both be neutral, the veffels of war of each fhall upon occafions take under their protection the veffels of the other going the fame courfe, and fhall defend fuch veffels as

as they hold the fame course, against all force and violence, in the fame manner as they ought to proteft and defend vellels belonging to the party of which they are.

XXIII. If war should arife between the two contracting parties, the merchants of either country, then refiding in the other, shall be allowed to remain nine months to collect their debts, and fettle their affairs, and may depart freely, carrying off all their effects, without moleftation or hindrance; and all women and children, fcholars of every faculty, cultivators of the earth, artifans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages or places, and in general ail others, whofe occupations are for the common subsistence and benefit of mankind, fhall be allowed to continue their respective employments, and fhall not be molefted in their perfons; nor fhall their houfes or goods be burnt, or otherwife deftroyed, nor their fields wafted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall: but if any thing be neceffary to be taken from them for the use of fuch armed force, the fame fhall be paid for at a reasonable price. And all merchant and trading veffels employed in exchanging the products of different places, and thereby rendering the neceffaries, conveniencies, and comforts of human life more eafy to be obtained, and more general, fhall be allowed to país free and unmolested: and neither of the contracting parties fhall grant or iffue any commiffion to any private armed veffels, empowering them to take or deftroy fuch trading veffels, or interrupt fuch commerce.

XXIV. And to prevent the deftruction of prifoners of war, by fending them into diftant and inclement countries, or by crowding them in close and noxious places, the two contracting parties folemnly pledge themselves to each other, and to the world, that they will not adopt any fuch practice; that neither will fend the prifoners whom they may take from the other, into the Eaft-Indies, or any other parts of Afia or Africa, but that they fhall be placed in fome part of their dominions in Europe or America, in wholefome fituations; that they fhall not be confined in dungeons, prifon fhips, nor prifons, nor be put into irons, nor bound, nor otherwife reftrained in the ufe of their limbs; that the officers fhall be enlarged on their paroles within convenient districts, and have comfortable quarters; and the common men be disposed in cantonments, open and extenfive enough for air and exercife, and lodged in barracks as roomy and as good as are provided by the party in whole power they are, for their own troops; that the officers fhall alfo be

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daily furnished by the party in whole power they are, with as many rations, and of the fame articles and quality as are allowed by them, either in kind or commutation, to officers of equal rank in their own army; and all others fhall be daily furnished by them with such rations as they allow to a com mon foldier in their own fervice, the value whereof shall be paid by the other party, on mutual adjustment of accounts for the fuftenance of prifoners at the clofe of the war: and the said accounts fhall not be mingled with, or fet off against any others, nor the balances due on them be withheld as a fatisfaction or reprifal for any other article, or for any other caule, real or pretended, whatever; that each party shall be allowed to keep a commiflary of prifoners of their own ap pointment, with every feparate cantonment of prisoners in poffeffion of the other; which commiffary fhall fee the pri foners as often as he pleafes, fhall be allowed to receive and diftribute whatever comforts may be fent to them by their friends, and shall be free to make his reports in open letters to those who employ him; but if any officer fhall break his parole, or any other prifoner fhall efcape from the limits of his cantonment, after they fhall have been designated to him, fuch individual officer or other prisoner fhall forfeit so much of the benefit of this article, as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war diffolves all treaties, nor any other what ever, fhall be confidered as annulling or fufpending this and the next preceding article; but, on the contrary, that the ftate of war is precifely that for which they are provided, and during which they are to be as facredly observed as the moft acknowledged articles in the law of nature or nations,

XXV. The two contracting parties grant to each other the liberty of having each in the ports of the other, confuls, vice-confuls, agents, and commiffaries of their own appointment, whofe functions fall be regulated by particular agreement, whenever either party fhall choose to make fuch appointment; but if any fuch confuls shall exercise commerce, they shall be submitted to the fame laws and ufages to which the private individuals of their nation are fubmitted in the fame place.

XXVI. If either party fhall hereafter grant to any other nation, any particular favour in navigation or commerce, it hall immediately become common to the other party-freely, where it is freely granted, to fuch other nation—or on yelding the compenfation, where fuch nation does the fame,