the veffels belonging to their own refpective fub. jects.

ARTICLE VI.

The fubjects of the contracting parties may, on one fide and on the other, in the refpective countries and ftates, difpofe of their effects by teftament, donation, or otherwife; and their heirs, fubjects of one of the parties, and refiding in the country of the other, or elsewhere, fhall receive fuch fucceffions, even ab inteftato, whether in perfon or by their attorney, or fubftitute, even although they fhall not have obtained letters of naturalization, without having the effect of fuch commiffion contested under pretext of any rights or prerogatives of any province, city, or private perfon: and if the heirs, to whom fuch fucceffions may have fallen, fhall be minors, the tutors, or curators, established by the judge domiciliary, of the faid minors may govern, direct, adminifter, fell, and alienate the effects fallen to the faid minors by inheritance; and in general, in relation to the faid: fucceffions and effects, ufe all the rights and fulfil all the functions which, belong, by the difpofition of the laws, to guardians, tutors, and curators; provided, neverthelefs, that this difpofition cannot take place, but in cafes where the teftator fhall not have named guar dians, tutors, curators by teftament, codicil, or other legal inftrument.

ARTICLE VII.

It fhall be lawful and free for the fubjects of each party to employ fuch advocates, attornies, notaries, folicitors, or factors, as they fhall judge proper.

ARTICLE VIII.

F

Merchants, mafters and owners of fhips, mariners, men of all kinds, fhips and veffels, and all merchandizes and goods in general, and effects, of

one

one of the confederates, or of the fubjects thereof, fhall not be feized or detained in any of the countries, lands, iflands, cities, places, ports, fhores, or dominions whatfoever of the other confederate, for any military expedition, public or private ufe of any one, by arrests, violence, or any colour thereof; much lefs fhail it be permitted to the fubjects of either party to take, or extort by force, any thing from the fubjects of the other party, without the confent of the owner; which, however, is not to be understood of feizures, detentions, and arrefts, which fhall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in refpect whereof the proceedings must be by way of law, according to the forms of justice.

ARTICLE IX.

It is further agreed and concluded, that it fhall be wholly free for all merchants, commanders of ships, and other fubjects and inhabitants of the contracting parties, in every place fubjected to the jurifdiction of the two powers refpectively, to manage, themselves, their own bufinefs: and moreover, as to the use of interpreters, or brokers, as alfo in relation to the loading or unloading of their veffels, and every thing which has relation thereto, they fhall be, on one fide and on the other, confidered and treated upon the footing of natural fubjects, or, at least, upon an equality with the most favoured 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 of the other ally. They fhall, nevertheless, beheld, whenever it fhall be required, to exhibit, as well upon the high feas as in the ports, their fea-letters, and other documents, defcribed in

the

the twenty-fifth article, ftating exprefly that their effects are not of the number of thofe which are

prohibited as contraband. And not having any contraband goods for an enemy's port, they may freely and without hindrance purfue their voyage towards the port of an enemy. Nevertheless, it fhall not be required to examine the papers of veffels convoyed by veffels of war, but credence fhall be given to the word of the officer who shall conduct the convoy.

ARTICLE XI.

If by exhibiting the fea-letters and other documents defcribed more particularly in the twentyfifth article of this treaty, the other party fhall difcover there are any of thofe forts of goods which are declared prohibited and contraband, and that they are configned for a port under the obedience of his enemy; it fhall not be lawful to break up the hatches of fuch fhip, nor to open any cheft, coffer, packs, cafks, or other veffels found therein, or to remove the smallest parcel of her goods, whether the faid veffel belongs to the fubjects of their High Mightineffes the States General of the United Netherlands, or to the fubjects or inhabitants of the faid United States of America, unless the lading be brought on fhore in prefence of the officers of the Court of Admiralty, and an inventory thereof made; but there fhall be no allowance to fell, exchange or alienate the fame, until after that due and lawful procefs fhall have been had against fuch prohibited goods of contraband, and the Court of Admiralty, by a sentence pronounced, fhall have confifcated the fame; faving 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 prohibited goods, much lefs fhali they be confifcated as lawful prize. But on the contrary, when, by the vifitation

G g

at

at land, it shall be found, that there are no contra. band goods in the veffel, and it fhall not appear by the papers, that he who has taken and carried in the veffel, has been able to discover any there, he ought to be condemned in all the charges, damages, and interests of them, which he fhall have caufed, both to the owners of veffels, and to the owners and freighters of cargoes, with which they fhall be loaded, by his temerity in taking and carrying them in; declaring moft exprefly the free veffels fhall affure the liberty of the effects with which they fhall be loaded, and that this liberty fhall extend itself equally to the perfons who fhall be found in a free veffel, who may not be taken out of her, unless they are military men, actually in the fervice of an enemy.

ARTICLE XII.

On the contrary, it is agreed, that whatever fhall be found to be laden by the fubjects and inhabitants of either party, on any fhip belonging to the enemies of the other, or to their fubjects, although it be not comprehended under the fort of prohibited goods, the whole may be confifcated in the fame manner as if it belonged to the enemy; except, nevertheless, fuch effects and merchandizes as were put on board fuch veffel before the declaration of war, or in the fpace of fix months after it; which effects fhall not be in any manner fubject to confifcation, but fhall be faithfully and without delay reftored in nature to the owners, who fhall claim them, or cause them to be claimed, before the confifcation and fale; as alfo their proceeds, if the claim could not be made but in the fpace of eight months after the fale, which ought to be public: provided, nevertheless, that if the faid merchandizes are contraband, it fhall by no means be lawful to tranfport them afterwards to any port belonging to

enemies.

A R

ARTICLE XIII.

And that more effectual care may be taken for the fecurity of fubjects and people of either party, that they do not fuffer moleftation from the veffels of war, or privateers of the other party; it shall be forbidden to all commanders of veffels of war, and other armed veffels of the faid States General of the United Netherlands, and the faid United States of America, as well as to all their officers, fubjects and people, to give any offence, or do any damage to thofe of the other party and if they act to the contrary, they fhall be, upon the first complaint which fhall be made of it, being found guilty, after a just examination, punished by their proper judges; and moreover, obliged to make fatisfaction for all damages and intereft thereof, by reparation, under pain and obligation of their perfons and goods.

ARTICLE XIV.

For further determining of what has been faid, all captains of privateers, or fitters-out of veffels armed for war, under commiffion, and on account of private perfons, fhall be held before their departure, to give fufficient caution before competent judges, either to be entirely refponfible for the malverfations which they may commit in their cruizes or voyages, as well as for the contraventions of their captains and officers against the prefent treaty, and against the ordinances and edicts which fhall be published in confequence of, and in conformity to it, under pain of forfeiture and nullity of the faid commiffions.

All veffels and merchandizes, of whatsoever nature, which fhall be refcued out of the hands of any pirates, or robbers, navigating the high feas without requifite commiffions, fhall be brought into fome port of one of the two States, and depofited in the hands of the officers of that port, in order to