1794.

mitted in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdic- November 19. tion of what nature established in such harbor, port, or place, Citizens of the according as the same may be. The citizens of the United U. States may States may also touch for refreshment at the island of St. touch at the is Helena, but subject in all respects to such regulations as the lena for refresh British government may from time to time establish there.

of St. He

ments, &c.

ART. 14. There shall be between all the dominions of his Reciprocal and perfect liberty,

British Europe

States, &c.

majesty in Europe and the territories of the United States, a of commerce, reciprocal and perfect liberty of commerce and navigation. &c. between the The people and inhabitants of the two countries respectively, an dominions shall have liberty freely and securely, and without hindrance and the United and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally, the merchants and traders on each side, shall enjoy the most complete protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively.

are paid nations on like

ART. 15. It is agreed that no other or higher duties shall be Neither partyto pay, in the ports paid by the ships or merchandise of the one party, in the ports of the other, of the other, than such as are paid by the like vessels or mer- higher duties chandise of all other nations. Nor shall any other or higher there by other duty be imposed in one country on the importation of any articles, &c. articles, the growth, produce, 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 shall any prohibition be imposed Great Britain re serves the right on the exportation or importation of any articles, to or from the territories of the two parties respectively, which shall not tonnage duties; equally extend to all other nations.

of equalizing

as also to countervail the dif

But the British government reserves to itself the right of ference of du

ties on Euro

imposing on American vessels entering into the British ports in pean & Asiatic Europe, a tonnage duty equal to that which shall be payable by foods, imported British vessels in the ports of America: and also such duty as in British vesmay be adequate to countervail the 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.

sels.

The two parties agree to treat for the more exact equalization The parties to of the duties on the respective navigation of their subjects and treat for exact equaliza

1794.

the time men

people, in such manner as may be most beneficial to the two November 19. countries. The arrangements for this purpose shall be made at tion of duties, at the same time, with those mentioned at the conclusion of the tioned in the twelfth article of this treaty, and are to be considered as a part 12th art. hereof thereof. In the interval, it is agreed that the United States The U. States, will not impose any new or additional tonnage duties on British not to increase vessels, nor increase the now subsisting difference between existing duties, nor the differ- the duties payable on the importation of any articles in British

the interval,

ences therein.

Consuls may be

en

or in American vessels.

ART. 16. It shall be free for the two contracting parties, positedeally an- respectively to appoint consuls for the protection of trade, to joy their proper reside in the dominions and territories aforesaid; and the said rights, after being duly admit- consuls shall enjoy those liberties and rights which belong to ted as such; and them by reason of their function. But before any consul shall sed, or sent act as such, he shall be in the usual forms approved and adhome, the reasons being as- mitted by the party to whom he is sent; and it is hereby designed therefor, clared to be lawful and proper that in case of illegal or impro

may be dismis

&c.

Vessels captur

to be sent into

per 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.

ART. 17. It is agreed, that in all cases where vessels shall

ed on suspicion be captured or detained on just suspicion of having on board of having contraband, or en- enemy's property, or of carrying to the enemy any of the ar. emy's property ticles which are contraband of war, the said vessel shall be the nearest port brought to the nearest or most convenient port; and if any the contraband, &c. to be taken property of any enemy should be found on board such vessel, out and the ves- that part only which belongs to the enemy shall be made prize, ed to proceed. and the vessel shall be at liberty to proceed with the remain

sel to be allow

Specification of contraband.

der 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.

ART. 18. In order to regulate what is in future to be esteemed contraband of war, it is agreed, that under the said denomination shall be comprised, all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, caracasses, saucisses, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, headpieces, cuirasses, halberds, lances, javelins, horse furniture, holsters,

1794.

belts, and generally all other implements of war; as also timber for ship building, tar or rozin, copper in sheets, sails, November 19.

Contraband

hemp and cordage, and generally whatever may serve directly to the equipment of vessels, unwrought iron and fir planks, goods confiscaonly excepted; and all the above articles are hereby declared ted. to be just objects of confiscation, whenever they are attempt

ed to be carried to an enemy.

other articles, when from particular circumstances, they contraband,

seizure.

And whereas the difficulty of agreeing on the precise cases Provisions and which alone provisions and other articles, not generally contraband, may be regarded as such, renders it inexpedient to provide against the inconveniencies and misunderstandings which might thence arise: it is further agreed that whenever to be paid for on 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.

And whereas it frequently happens, that vessels sail for a Vessels of eiport or place belonging to an enemy, without knowing that the ther party, not be detained, same is either besieged, blockaded, or invested; it is agreed, on attempting that every vessel so circumstanced, may be turned away from aded place, unsuch port or place, but she shall not be detained, nor her cargo, less previo previously if not contraband, be confiscated, unless after notice, she shall

again attempt to enter; but she shall be permitted to go to any

to enter a block

party, found in place, after sur

other port or place she may think proper: nor shall any vessel Vessels and or goods of either party, that may have entered into such port goods of either or place, before the same was besieged, blockaded, or inves- an invested ted by the other, and be found therein after the reduction or render, to be surrender of such place, be liable to confiscation, but shall be restored to the restored to the owners or proprietors thereof.

owners.

ART. 19. And that more abundant care may be taken for the Those concernsecurity of the respective subjects and citizens of the contract- ed in private ing parties, and to prevent their suffering injuries by the men on either side, of war, or privateers of either party, all commanders of ships able for damaof war, and privateers, and all others the said subjects and ges done by 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 may be.

1794.

For this cause, all commanders of privateers, before they November 19. receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two Commanders of responsible sureties, who have no interest in the said privateer, privateers to give bonds, &c. each of whom, together with the said commander, shall be ble for miscon- jointly and severally bound, in the sum of fifteen hundred

to be answera

duct.

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.

Authentic co- It is also agreed, that whenever a judge of a court of admipies of process ralty of either of the parties, shall pronounce sentence against

of

tononradmire any vessel, or goods, or property, belonging to the subjects or furnished with- citizens of the other party, a formal and duly authenticated delay, payment of fees 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.

Pirates not tobe received, nor concealed.

ART. 20. 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, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences.

Ships and goods And all their ships, with the goods or merchandises taken brought into the ports of either by them and brought into the port of either of the said parties, party, by pi- shall be seized, as far as they can be discovered, and shall be ed & restored, restored to the owners, or their factors or agents, duly deput

rates to be seiz

Citizens and subjects not to accept commis

ed and authorized in writing by them, (proper evidence being first given in the court of admiralty for proving the property,) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe or suspect that they had been piratically taken.

ART. 21. It is likewise agreed, that the subjects and citi

sions froma zens of the two nations, shall not do any acts of hostility or third power, to act in a hostile violence against each other, nor accept commissions or instrucmanner against tions so to act from any foreign prince or state, enemies to the A third, enemy, other party; nor shall the enemies of one of the parties be perlowed to enlist mitted to invite, or endeavor to enlist in their military sercitizens or sub- vice, any of the subjects or citizens of the other party; and the party. laws against all such offences and aggressions shall be punc

1794.

November 19.

tually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer Persons taken against the other party, and be taken by the other party, it is

offending

against the provisions of this article, may be

hereby declared to be lawful for the said party to treat and punish the said subject or citizen, having such commission, or treated as piletters of marque, as a pirate.

rates.

not to be au

out previous

ART. 22. It is expressly stipulated, that neither of the said Acts of reprisal contracting parties will order or authorize any acts of reprisal thorised by eiagainst the other, on complaints of injuries or damages, until ther party, with the said party shall first have presented to the other a state- demand of sament thereof, verified by competent proof and evidence, and tisfaction, &c. demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed.

British

ART. 25. The ships of war of each of the contracting par- The ships of ties, shall, at all times, be hospitably received in the ports of war of each parthe other, their officers and crews paying due respect to the ty, to be hospitably received laws and government of the country. The officers shall be and well treated in the ports treated with that respect which is due to the commissions which of the other. they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And his majesty consents, that in case an American American vessels, not usualvessel should, by stress of weather, danger from enemies, or ly allowed to other misfortune, be reduced to the necessity of seeking shel- enter ports, but comter in any of his majesty's ports, into which such vessel could pelled to do so not in ordinary cases claim by stress ofweato be admitted, she shall, on man- ther, &c. to be ifesting that necessity to the satisfaction of the government of kindlyreceived: the place, be hospitably received and be permitted to re-fit, bulk, unless inand to purchase, at the market price, such necessaries as she dispensably nemay stand in need of, conformably to such orders and regulations as the government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bonâ fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expenses, and then not without the express permission of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.

but not to break

cessary.

ART. 24. It shall not be lawful for any foreign privateers Privateers of a third (enemy) (not being subjects or citizens of either of the said parties) power not to who have commissions from any other prince or state in enmity arm in the