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be restored entire to the true proprietor, as foon as due and fufficient proofs fhall be made concerning the property thereof.

ARTICLE XVI.

If any fhips or veffels, belonging to either of the parties, their fubjects or people, fhall, within the coafts or dominions of the other, ftick upon the fands, or be wrecked, or fuffer any other fea damage, all friendly affiftance and relief fhall be given to the perfons fhipwrecked, or fuch as fhall be in danger thereof; and the veffels, effects, and merchandizes, or the part of them which shall have been faved, or the proceeds of them, if, being perishable, they fhall have been fold, being claimed within a year and a day by the mafters or owners, or their agents or attornies, fhall be reftored, paying only the reasonable charges, and that which must be paid in the fame cafe for the falvage by the proper fubjects of the country. There fhall alfo be delivered them fafe-conducts or paffports for their free and fafe paffage from thence, and to return each one to his own country.

ARTICLE XVII.

In cafe the fubjects or people of either party, with their fhipping, whether public and of war, or private and of merchants, be forced through ftrefs of weather, purfuit of pirates or enemies, or any other urgent neceffity for feeking of fhelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads, or fhores, belonging to the other party, they fhall be received with all humanity and kindness, and enjoy all friendly protection and help; and they fhall be permitted to refresh and provide themselves at reafonable rates with victuals, and all things needful for the fuftenance of their perfons, or reparation of their fhips; and they fhall no ways be detained or hindered from returning out of the faid ports or roads,

but

but may remove and depart, when and whither they please, without any lett or hindrance,

ARTICLE XVIII.

For the better promoting of commerce on both fides, it is agreed, that if a war fhould break out between their High Mightineffes the States Generaļ of the United Netherlands and the United States of America, there fhall always be granted to the fubjects on each fide, 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 tranfport them where they please ; which it fhall be lawful for them to do, as well as to fell or tranfport their effects and goods in all freedom, and without any hindrance, and without being able to proceed, during the faid term of nine months, to any arreft of their effects, much less of their perfons; on the contrary, there fhall be given them, for their veffels and their effects which they would carry away, paffports and fafe-conducts for the nearest ports of their respective countries, and for the time neceffary for the voyage. no prize, made at fea, fhall be adjudged lawful, at leaft, if the declaration of war was not, or could not be known in the laft port which the veffel taken has quitted. But for whatever may have been taken from the fubjects and inhabitants of either party, and for the offences which may have been given them in the interval of the faid terms, a com、 pleat fatisfaction shall be given them,

ARTICLE XIX.

And

No fubject of their High Mightineffes the States General of the United, Netherlands fhall apply for, or take any commiffion, or letters of marque, for arming any fhip or hips, to act as privateers against the faid United States of America, or any of them, or the fubjects and inhabitants of the faid United States, or any of them, or against

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the property of the inhabitants of any of them, from any prince or ftate with which the faid United States of America may happen to be at war: nor fhall any fubject or inhabitant of the faid United States of America, or any of them, apply for, or take any commiffion, or letters of marque, for arming any fhip or fhips, to act as privateers against the High and Mighty Lords the States General of the United Netherlands, or against the subjects of their High Mightineffes, or any of them, or against the property of any one of them, from any prince or state with which their High Mightineffes may be at war. And if any perfon of either nation fhall take fuch commiffion, or letters of marque, he fhall be punished as a pirate.

ARTICLE XX.

If the veffels of the fubjects or inhabitants of one of the parties come upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes, or break buik, or take in any cargo, they fhall not be obliged to pay neither for the veffels, nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not juft caufe to prefume, 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, confuls, vice-confuls, agents and commiffaries of their own appointing, whofe functions fhall be regulated by particular agreements, whenever either party chufes to make fuch appoint

'ments.

ARTICLE XXII.

This treaty fhall not be understood in any man

ner

ner to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of the treaty with France, as they were numbered in the fame treaty concluded the 6th of February 1778, and which make the articles ninth, tenth; feventeenth, and twentyfecond of the treaty of commerce now fubsisting between the United States of America and the Crown of France: nor fhall it hinder his Catholic Majefty from acceding to that treaty, and enjoying the advantages of the faid four articles.

ARTICLE XXIII.

If at any time the United States of America fhall judge neceffary to commence negociations with the king or emperor of Morocco and Fez, and with the regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain paffports for the fecurity of their navigation in the Mediterranean fea, their High Mightineffes promife, that upon the requifition which the United States of America fhall make of it, they will fecond fuch negociations in the most favourable manner, by means of their confuls refiding near the faid king, emperor, and regencies.

ARTICLE XXIV.

CONTRA BAN D.

The liberty of navigation and commerce shall extend to all forts of merchandizes, excepting only those which are diftinguished under the name of contraband, or merchandizes prohibited and under this denomination of contraband, and merchandizes prohibited, fhall be comprehended only warlike ftores and arms, as mortars, artillery, with their artifices and appurtenances, fufils, piftols, bombs, grenades, gun-powder, faltpetre, fulphur, match, bullets and balls, pikes, fabres, lances, halberts, cafques, cuiraffes, and other forts of arms; alfo, foldiers, horfes, faddles, and furniture for

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horfes.

horfes. All other effects and merchandizes, nat before fpecified exprefsly, and even all forts of naval matters, however proper they may be for the conftruction and equipment of veffels of war, or for the manufacture of one or another fort of machines of war, by land or fea, fhall not be judged contraband, neither by the letter, nor, according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband: fo that all effects and merchandizes which are not exprefsly before named, may, without any exception, and in perfect liberty, be tranfported by the fubjects and inhabitants of both allies, from and to places belonging to the enemy; excepting only, the places, which, at the fame time, fhall be befieged, blocked or invefted; and thofe places only shail be held for fuch, which are furrounded nearly by fome of the belligerent powers.

ARTICLE XXV.

To the end that all diffention and quarrel may be avoided and prevented, it has been agreed, that in cafe one of the two parties happens to be at war, the veffels belonging to the fubjects or inhabitants of the other ally fhall be provided with fea-letters or paffports, expreffing the name, the property and the burthen of the veffel, as also the name and the place of abode of the mafter or commander of the faid veffel; to the end that thereby it may appear, that the veffel really and truly belongs to fubjects or inhabitants of one of the parties; which paffports fhall be drawn and diftributed according to the form annexed to this treaty. Each time that the veffel fhall return, the fhould have fuch her paffport renewed; or, at leaft, they ought not to be of more ancient date than two years, before the veffel has been returned to her own country. It has been alfo agreed, that fuch veffels, being loaded,

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