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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 expresly the free vessels shall assute the liberty 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 o£ her, unless they are military men, actually in the service of an enemy.
On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either parry, on any ship belonging to the enemies of the other, or to their subjects, although it be no\. comprehended under the fort of prohibited goods, the whole may be confiscated in the fame manner as if it belonged to the enemy ; except, nevertheless, such effects and merchandizes 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 sliall claim them, or cause them to be claimed, before the confiscation and sale; as also their proceeds, if ;he 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 merchandizes are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.
ARTICLE Xlir. 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 interest 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 cruizes 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 in conformity to it, under pain of forseiture and nullity of the said commissions.
ARTICLE XV. All vessels and merchandizes, 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
G g 2 be be restored entire to the true proprietor, as soon as due and sufficient proofs shall be made concerning the property thereof.
ARTICLE XVI. If arty ships or vessels, belonging to either of the parties, their subjects 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 dan• ger thereof; and the vessels, effects, and merchandizes, 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 fame 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 th» 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 ihelter and harbour, to retreat 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 lett or hindrance.
ARTICLE XVIIs. For the better promoting of commerce on both fides, 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 fell or transport their effects and goods in all freedom, 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 be 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 terms, a com' pleat satisfaction shall be given them.
ARTICLE XIX. No subject of their High Mightinesses the States General of the United Netherlands shall apply for, or take any commission, or letters of marque, for arming any ship or ships, 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 G g 3 the the property of the inhabitants of any of them, from an"y prince or state with which the said United States of America may happen to be at war: noj ihall any subject or inhabitant of the said United States of America, or any of them, apply for, ar 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 pf 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 marquCj he shall be punished as a pirate,
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 merchandizes 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 agreements, whenever either party chuses to make such appointments.
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