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only the now-existing cases of both descriptions, but also all such as
It is further agreed, that the commissioners mentioned in this and in shall be paid, and vacancy of
the two preceding articles shall be respectively paid in such manner as commissioners
shall be agreed between the two parties, such agreement being to be supplied. settled at the time of the exchange of the ratifications of this treaty.
And all other expences attending the said commissions shall be de-
in the dominions of his Majesty, shall continue to hold them according
funds, or in the public or private banks, shall ever in any event of war
His Majesty consents that it shall and may be lawful during the time trade regulated. herein-after limited, for the citizens of the United States to carry to any
of his Majesty's islands and ports in the West-Indies from the United
States, in their own vessels, not being above the burthen of seventy Suspended, tons, any goods or merchandizes, being of the growth, manufacture or see page 130.
produce of the said states, which it is or may be lawful to carry to the
And his Majesty also consents, that it shall be lawful for the said American citizens to purchase, load, and carry away in their said vessels to the United States from the said islands and ports, all such articles, being of the growth, manufacture or produce of the said islands, as may now by law be carried from thence to the said states in British vessels, and subject only to the same duties and charges on exportation, to which British vessels and their cargoes are or shall be subject in similar circumstances.
Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton in American vessels, either from his Majesty's islands, or from the United States to any part of the world except the United States, reasonable sea-stores excepted. Provided also, that it shall and may be Jawful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islands, all articles whatever, being of the growth, produce or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said states, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties or charges, than shall be payable on the same articles if so imported or exported in American vessels.
It is agreed that this article and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which his Majesty is now engaged; and also for two years from and after the day of the signature of the preliminary or other articles of peace, by which the same may be terminated.
And it is further agreed, that at the expiration of the said term, the two contracting parties will endeavour further to regulate their com- . merce in this respect, according to the situation in which his Majesty may then find himself with respect to the West-Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said parties will then also renew their discussions, and endeavour to agree, whether in any and what cases, neutral vessels shall protect enemy's property; and in what cases provisions and other articles, not generally contraband, may become such. But in the mean time, their conduct towards each other in these respects, shall be regulated by the articles herein-after inserted on those subjects.
ARTICLE XIII. His Majesty consents that the vessels belonging to the citizens of the East-India United States of America, shall be admitted and hospitably received, in trade regulated. all the sea-ports and harbours of the British territories in the EastIndies. And that the citizens of the said United States, may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exportation respectively, to or from the said territories, shall 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 permission of the British government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels when admitted into the said ports no other or higher tonnage-duty than shall be payable on British vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges, on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British ves
sels. But it is expressly agreed, that the vessels of the United States
Liberty of commerce between the Bri. tish European dominions and the U. States established.
Regulations respecting duties on ships and merchan. dize.
But the British government reserves to itself the right of imposing on
difference of duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in American vessels.
The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects and people, in such manner as may be most beneficial to the two countries. The arrangements for this purpose shall be made at the same time, with those mentioned at the conclusion of the twelfth article of this treaty, and are to be considered 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 vessels, nor increase the now-subsisting difference between the duties payable on the importation of any articles in British or in American vessels.
ARTICLE XVI. It shall be free for the two contracting parties, respectively to ap- Consuls may point consuls for the protection of trade, to reside in the dominions and be appointed. territories aforesaid; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent; and it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other their reasons for the same.
Either of the parties may except from the residence of consuls such particular places, as such party shall judge proper to be so excepted.
ARTICLE XVII. It is agreed, that in all cases where vessels shall be captured or de. How to pro. tained on just suspicion of having on board enemy's property, or of ceed when vescarrying to the enemy any of the articles which are contraband of war; ed on suspicion the said vessel shall be brought to the nearest or most convenient port; of having ene. and if any property of an enemy should be found on board such vessel, my's property,
or contraband that part only which belongs to the enemy shall be made prize, and the
goods. vessel shall 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 the cases of ships or cargoes so brought in for adjudication; and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships.
ARTICLE XVIII. In order to regulate what is in future to be esteemed contraband of What articles war, it is agreed, that under the said denomination shall be comprised shall be deem.
ed contraband. all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse-furniture, holsters, belts, and generally all other implements of war; as also timber for ship-building, tar or rozin, copper in sheets, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks only excepted; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. And whereas the difficulty of agreeing on the precise cases in which
Stipulation re. alone provisions and other articles not generally contraband may be specting provi, regarded as such, renders it expedient to provide against the inconsions becoming veniences and misunderstandings which might thence arise: It is further
agreed, that whenever any such articles so becoming contraband, according to the existing laws of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the government under whose authority they act, shall pay to the masters or owners of such vessels, the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight,
and also the demurrage incident to such detention. Regulations And whereas it frequently happens that vessels sail for a port or place respecting ves. belonging to an enemy, without knowing that the same is either besels attempling, sieged, blockaded or invested; it is agreed, that every vessel so circumaded port, or
stanced, may be turned away from such port or place, but she shall not found therein. be detained, nor her cargo, if not contraband, be confiscated, unless
after notice she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper : Nor shall any vessel or goods of either party, that may have entered into such port or place, before the same was besieged, 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.
ARTICLE XIX. Privateering And that more abundant care may be taken for the security of the regulated.
respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war, or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them, and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages
For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of fifteen hundred pounds sterling, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling, to satisfy all damages and injuries, which the said privateer, or her officers or men, or any of them may do or commit during their cruise, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled.
It is also agreed that whenever a judge of a court of admiralty of either of the parties, shall pronounce sentence against any vessel, or goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same.
ARTICLE XX. It is further agreed that both the said contracting parties, shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbor,