Provided alfo, that it fhall and may be lawful, during the fame period, for British veffels to import from the faid islands into the United States, and to export from the United States to the faid iflands, all articles whatever, being of the growth, produce, or manufacture of the faid iflands, or of the United States refpectively, which now may by the laws of the faid States be fo imported and exported. And that the cargoes of the said British veffels fhall be fubject to no other or higher duties or charges, than fhall be payable on the fame articles, if fo imported or exported in American veffels.

It is agreed that this article, and every matter and thing therein contained, fhall continue to be in force during the continuance of the war in which his Majefty is now engaged; and alfo for two years, from and after the day of the fignature of the preliminary or other articles of peace by which the fame may be terminated.

And it is further agreed, that at the expiration of the faid term, the two contracting parties will endeavour further to regulate their commerce in this refpect, according to the fituation in which his Majefty may then find himself with respect to the Weft Indies, and with a view to fuch arrangements as may best conduce to the mutual advantage and extension of commerce.

And the faid parties will then also renew their difcuffions, and endeavour to agree, whether in any or what cases, neutral vessels fhall protect enemy's property; and in what cafes, provifions and other articles, not generally contraband, may become fuch. But in the mean time, their conduct towards each other in these refpects fhall be regulated by the articles hereinafter inferted on thofe fubjects.

XIII. His Majesty consents that the veffels belonging to the citizens of the United States of America fhall be admitted and hofpitably received in all the fea ports and harbours of the British territories in the Eaft Indies. And that the citizens of the faid United States may freely carry on a trade between the said territories and the faid United States in all articles of which the importation or exportation refpectively to or from the faid territories, fhall not be entirely prohibited. Provided only, that it shall not be lawful for them, in any time of war between the British government and any other power or state whatever, to export from the said territories, without the special permiffion of the British government there, any military ftores or naval ftores or rice. The citizens of the United States fhall pay for their veffels, when admitted into the faid ports, no other or higher tonnage duty than shall be payable on British veffels when admitted into the ports of the United States. And they fhall pay no other or higher duties or charges on the importation or exportation of the cargoes of the faid vessels, than fhall be payable on the fame articles when imported or exported in British veffels. But it is expressly agreed,

that the veffels of the United States fhall not carry any of the arti cles exported by them from the faid British territories to any port or place, except to fome port or place in America, where the fame fhall be unladen, and fuch regulations fhall be adopted by both parties, as fhall from time to time be found neceffary to enforce the due and faithful obfervance of this ftipulation.

It is alfo understood, that the permiffion granted by this article is not to extend to allow the veffels of the United States to carry on any part of the coafting trade of the said British territories; but veffels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be confidered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the faid States to fettle or refide within the faid territories, or to go into the interior parts thereof, without the permiffion of the British government established there; and if any tranfgreffion fhould be attempted against the regula tions of the British government in this refpect, the observance of the fame fhall and may be enforced against the citizens of America, in the fame manner as against British subjects or others tranfgreffing the fame rule. And the citizens of the United States, whenever they arrive in any port or harbour in the faid territories, or if they should be permitted in manner aforefaid to go to any other place therein, fhall always be subject to the laws, government, and jurifdiction of what nature established in fuch harbour, port, or place, according as the fame may be; the citi zens of the United States may also touch for refreshment at the inland of St. Helena, but fubject in all refpects to fuch regulations as the British government may from time to time establishi there.

XIV. There fhall be between all the dominions of his Majefty in Europe, and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty freely and fecurely, and without hindrance and molestation, to come with their fhips and cargoes to the lands, countries, cities, ports, places, and rivers within the dominions and territories aforefaid, to enter into the fame, to refort there, and to remain and refide there without any limitation of time: and alfo to hire and poffefs houses and warehouses for the purposes of their commerce, and generally the merchants and traders on each fide shall enjoy the most complete protection and fecurity for their commerce, but fubject always as to what refpects this article to the laws and ftatutes of the two countries refpectively.

XV. It is agreed that no other or higher duties fhall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like veffels or merchandize of all other nations. Nor fhall any other or higher duty be imposed in one country on the importation of any articles, the growth, pro

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duce,

duce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture of any other foreign country. Nor fhall any prohibition be impofed on the exportation or importation of any articles to or from the territories of the two parties refpectively, which shall not equally extend to all other nations.

But the British government referves to itself the right of impofing on American veffels entering into the British ports in Europe a tonnage duty equal to that which thall be payable by British veffels in the ports of America; and alfo fuch duty as may be adequate to countervail the difference of duty now payable on the importation of European and Afiatic goods, when imported into the United States in British or in American veffels.

The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their fubjects and people in fuch manner as may be most beneficial to the two countries. The arrangements for this purpose fhall be made at the fame time with thefe mentioned at the conclufion of the twelfth article of this treaty, and are to be confidered as a part thereof. In the interval it is agreed, that the United States will not impose any new or additional tonnage duties on British veffels, nor increase the now fubfifting difference between the duties payable on the importation of any articles in British or in American veffels.

XVI. It fhall be free for the two contracting parties refpectively to appoint confuls for the protection of trade, to refide in the dominions and territories aforefaid, and the faid confuls fhall enjoy those liberties and rights which belong to them by reason of their function. But before any conful fhall act as fuch, he shall be in the ufual forms approved and admitted by the party to whom he is fent; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a conful may either be punished according to law, if the laws will reach the cafe, or be difmiffed, or even fent back, the offended government affigning to the other their reasons for the fame.

Either of the parties may except from the refidence of confuls fuch particular places as fuch party fhall judge proper to be fo excepted.

XVII. It is agreed, that in all cafes where veffels fhall be captured or detained on juft fufpicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war; the faid veffel fhall be brought to the nearest or most convenient port; and if any property of an enemy fhould be found on board fuch veffel, that part only which belongs to the enemy fhall be made prize, and the veffel fhall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay in

deciding

deciding the cafes of fhips or cargoes fo brought in for adjudication; and in the payment or recovery of any indemnification adjudged or agreed to be paid to the mafters or owners of fuch fhips.

XVIII. In order to regulate what is in future to be deemed contraband of war, it is agreed, that under the faid denomination fhall be comprised all arms and implements ferving for the purpofes of war, by land or by fea, fuch as cannon, mufquets, mortars, petards, bombs, grenadoes, carcafes, fauciffes, carriages for cannon, mufquet-refts, bandoliers, gunpowder, match, faltpetre, ball, pikes, fwords, head-pieces, cuiraffes, halberts, lances, javelins, horfe furniture, holsters, belts, and generally all other implements of war; as also timber for fhip-building, tar or rofin, copper in sheets, fails, hemp and cordage, and generally whatever may serve directly to the equipment of veffels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be juft objects of confifcation, whenever they are attempted to be carried to an enemy.

And whereas the difficulty of agreeing on the precife cafes in which alone provifions and other articles not generally contraband, may be regarded as fuch, renders it expedient to provide against the inconveniencies and misunderstandings which might thence arise : it is further agreed, that whenever any fuch articles fo becoming contraband according to the exifting laws of nations, fhall for that reafon be seized, the fame fhall not be confifcated, but the owners thereof fhall be fpeedily and completely indemnified: and the captors, or in their default the government under whofe authority they act, fhall pay to the masters or owners of fuch veffels the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.

And whereas it frequently happens that veffels fail for a port or place belonging to an enemy, without knowing that the fame is either befieged, blockaded, or invefted; it is agreed, that every veffel fo circumftanced may be turned away from fuch port or place, but the fhall not be detained, nor her cargo, if not contraband, be confifcated, unless after notice the fhall again attempt to enter; but the fhall be permitted to go to any other port or place may think proper; nor fhall any veffel or goods of either party that may have entered into fuch port or place before the fame was befieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors thereof.

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XIX. And that more abundant care be taken for the fecurity of the respective fubjects and citizens of the contracting parties, and to prevent their fuffering injuries by the men of war or privateers of either party, all commanders of fhips of war and privateers,

and

and all others the faid fubjects and citizens, shall forbear to do any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they fhall be punished, and shall also be bound in their perfons and estates to make fatisfaction and reparation for all damages, and the interest thereof, of whatever nature the faid damages may be.

For this caufe, all commanders of privateers before they receive their commiffions, fhall hereafter be obliged to give, before a competent judge, fufficient fecurity by at least two refponsible fureties, who have no intereft in the faid privateer, each of whom, together with the faid commander, fhall be jointly and feverally bound in the fum of fifteen hundred pounds fterling, or if fuch fhip be provided with above one hundred and fifty seamen or foldiers, in the fum of three thousand pounds fterling, to fatisfy all damages and injuries which the faid privateer, or officers, or men, or any of them, may do or commit during their cruife, contrary to the tenor of this treaty, or to the laws and inftructions for regulating their conduct; and further, that in all cafes of aggreffion, the faid commiffions fhall be revoked and annulled.

It is alfo agreed, that whenever a judge of a court of admiralty of either of the parties fhall pronounce fentence against any vessel of goods or property belonging to the fubjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the faid' fentence, fhall, if required, be delivered to the commander of the faid veffel without the smallest delay, he paying all legal fees and demands for the fame.

XX. It is further agreed, that both the faid contracting parties fhall not only refufe to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbour, conceal, or affift them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of fuch acts or offences.

And all their fhips, with the goods or merchandizes taken by them, and brought into the port of either of the faid parties, fhall be feized as far as they can be difcovered, and fhall be restored to the owners, or the factors or agents duly deputed and authorised in writing by them, (proper evidence being firft in the court of admiralty for proving the property,) even in cafe fuch effect's should have paffed into other hands by fale, if it be proved that the buyers knew or had good reason to believe or fufpect that they had been piratically taken.

XXI. It is likewife agreed, that the subjects and citizens of the two nations shall not do any acts of hoftility or violence against each other, nor accept commiffions or inftructions fo to act from any foreign prince or ftate, enemies to the other party: nor shall the enemies of one of the parties be permitted to invite, or endeavour to enlift in the military fervice any of the subjects or citizens

of