ties than linens manufactured in Holland, imported into Ireland, now pay. 9th. Sadlery fhall reciprocally pay an import-duty of fifteen per cent, ad valorem. 10th. Gauzes of all forts fhall reciprocally pay ten per cent. ad \valorem. 11th. Millinery made up of muflin, lawn, cambrick, or gauze of every kind, or of any other article admitted under the prefent tariff, fhall pay reciprocally a duty of twelve per cent. ad valorem: and if any articles fhall be ufed therein, which are not specified in the tariff, they fhall pay no higher duties than thofe paid for the fame articles by the most favoured nations. 12th, Porcelain, earthen-ware, and pottery, fhall pay reciprocally twelve per cent. ad valorem. 13th. Plate-glafs and glafs ware in general fhall be admitted, on each fide, paying a duty of twelve per cent. ad valorem. His Britannic majefty referves the right of countervailing, by additional duties on the undermentioned merchandizes, the internal duties actually impofed upon the manufactures, or the import-duties which are charged on the raw materials; namely, on all linens or cottons, ftained or printed, on beer, glafs ware, plate glafs, and iron. And his moft Chriftian majefty alfo referves the right of doing the fame, with regard to the following merchandizes; namely, cottons, iron, and beer. And for the better fecuring the due collection of the duties payable ad valorem, which are specified in the above tariff, the faid contracting parties will concert with each other as well the form of the declarations to be made, as alfo the proper means of preventing fraud with refpect to the real value of the faid goods and merchandizes. But if it fhall hereafter appear, that any mistakes have inadvertentently been made in the above tariff, contrary to the principles on which it is founded, the two fovereigns will concert with good faith upon the means of rectifying them. Art.VII.The duties above specified are not to be altered but by mutual confent; and the merchandizes not above fpecified fhall pay, in the dominions of the two fovereigns, the import and export duties payable in each of the faid dominions by the most favoured European nations, at the time the prefent treaty bears date; and the fhips belonging to the fubjects of the faid dominions fhall alfo respectively enjoy therein all the privileges and advantages which are granted to thofe of the moft favoured European nations. And it being the intention of the two high contracting parties, that their respective fubjects fhould be in the dominions of each other upon a footing as advantageous as those of other European nations, they agre, that in cafe they fhall hereafter grant any additional advantages in navigation or trade to any other European nations, they will reciprocally allow their faid fub-. jects to participate therein; without prejudice, however, to the advantages which they referve, viz. France in favour of Spain, in confequence of the 24th article of the Family Compact, figned the 10th of May, 1761, and England according to what he has practifed in conformity to, and in confequence of the convention of 1703, between England and Portugal. And to the end that every perfon may know, with certainty, the ftate of the aforefaid impofts, cuftoms, import and export duties, whatever whatever they may be, it is agreed, that tariffs, indicating the impotts, culoms, and established duties, fhall be affixed in public places, as well in Rouen and the other trading cities of France, as in London and the other trading cities under the dominion of the king of Great Britain, that recourfe may be had to them whenever any difference fhall arife concerning fuch impofls, cuftoms, and duties, which fhall not be levied otherwife than in conformity to hat is clearly expreffed in the faid tariffs, and according to their natural conftruction. And if any officer, or other perfon in his name, fhall, under any pretence, publicly or privately, directly or indirectly, demand or take of a merchant, or of any other perfon, any fum of money, or any thing elfe, on account of duties, impoft, fearch, or compenfation, although it be under the name of a free gift, or under any other pretence, more or otherwise that what is above prefcribed; in fuch cafe, the faid officer, or his deputy, if he be acculed and convicted of the fame before a competent judge, in the place where the crime was committed, fhall give full fatisfaction to the injured party, and fhall likewife fuffer the penalty prefcribed by the laws. Art. IX. Whereas feveral kinds of merchandizes, which are ufually contained in caiks, chefts, or other cafes, and for which the duties are paid by weight, will be exported from and imported into France by British fubjects; it is agreed, that in fuch cafe, the aforefaid duties fhall be demanded only according to the real weight of the merchandizes; and the weight of the cafks, chefts, and other cafes whatever, fhall be deducted, in the fame mannas has been, and is now practised in England. Art. X. It is further agreed, that if any mistake or error fhall be committed by any mafter of a ship, his interpreter or factor, or by any other employed by him, in making the entry or declaration of her cargo, neither the fhip nor the cargo fhall be fubject for fuch defect, to confifcation; but it fhall be lawful for proprietors to take back again fuch goods as were omitted in the entry or declaration of the master of the flip, paying only the accuftomed duties according to the placart, provided always that there be no manifeft appearance of fraud. Neither fhall the merchants or the mafters of fhips, or the merchandize, be fubject to any penalty, by reafon of fuch omiflion, in cafe the goods omitted in the declaration fhall not have been landed before the declaration has been made. Art. VIII. No merchandize exported from the countries refpectively under the dominion of their majefties, fhall hereafter be subject to be Art. XI. In cafe either of the two infpected or confifcated, under any high contracting parties fhall think pretence of fraud or defect in mak-proper to establifh prohibitions, or ing or working them, or of any other imperfection whatsoever; but abfolute freedom fhall be allowed to the buyer and feller to bargain, and fix the price for the fame, as they fhall fee good; any law, fatute, edict, proclamation, privilege, grant,, or custom to the contrary notwithstanding. to augment the import duties upon any goods or merchandize of the growth or manufacture of the other, which are not specified in the tariff, fuch prohibitions or augmentations frall be general, and fhall comprehend the like goods and merchandizes of the other most favoured European nations, as well as those of (F 4) either either flate; and in cafe either of the two ontracting parties fhall tevoke the prohibitions, or diminish the duties, in favour of any other European nation, upon any goods or merchandize of its growth or manufacture, whether on importation or exportation, fuch revocations or diminutions fhall be extended to the fubjects of the other party, on condition that the latter fhall grant to the fubjects of the former the importation and exportation of the like goods and merchandizes under the fame duties; the cafes referved in the VIth article of the prefent treaty always excepted. Art. XII. And forafmuch as a certain ufage, not authorized by any law, has formerly obtained in divers parts of Great Britain and France, by which French fubjects have paid in England a kind of capitation tax, called in the language of that country, head-money; and English fubjects a like duty in France, called Argent du Chef; it is agreed that the faid impost shall not be demanded for the future, on either fide, neither under the ancient n me, nor under any other name whatsoever. Art.XIII. feither of the high contracting parties ha granted, or fhall grant, any bounties for encouraging the exportation of any articles, being of the grow h, produce, or manufacture of his dominions, the other party fhall be lowed to add to the duties already impofed, by virtue of the prefent treaty, on the faid goods and merchandizes, imported into his dominions, fuch an import dury as fhall be equivalent to the faid bounty. But this flipulation is not to extend to the cates of reftitutions of duties and impofts, (called drawbacks,) which are allowed upon exportation. Art. XIV. The advantages granted by the prefent treaty, to the fub. jects of his Britannic majefty fhall take effect, as far as relates to the kingdom of Great Britain, as foon as laws fhall be pafled there, for fecuring to the fubiects of his most Christian majelly the reciprocal enjoyment of the advantages which are granted to them by the present treaty. And the advantages granted by all thefe article, excep the tariff, fhall take effect, with regard to the kingdom of Ireland, as foon as laws fhall be paffed there, for fecuring to the fubjects of his most Christian majefty the reciprocal enjoyment of the advantages which are granted to them by this treaty; and, in like manner, the advantages granted by the tariff fhall take effect, in what relates to the faid kingdom, as foon as laws fhall be paffed there for giving effect to the faid tariff. Art. XV. It is agrred, that ships belonging to his Britannic majesty's fubjects, arriving in the dominions of his mott Chriftian majesty, from the ports of Great Britain or Ire land, or from any other foreign port, fhall not pay freight duty, or any other like duty. In the fame manner, French fhips shall be exempted, in the dominions of his Britannic majesty, from the duty of five fillings, and from every other fimilar duty or charge. XVI. It fhall not be lawful for any foreign privateers, not being fubjects of either crown, who have commiffis from any other prince or ftate, in enmity with either nation, to arm their fhips in the ports of either of the faid two kingdoms, to fell what they have taken, or in any other manner whatever to exchange the fame; neither shall they be allowed even to purchase victuals, except fuch as fhall be neceffary for their going to the nearest port of that prince from whom they have obtained commiflions. Art. XVII. When any difpute fhall arife between any commander of a thip and his seamen, in the ports of either kingdom, concerning wages due to the faid feamen, or other civil caufes whatever, the magiftrate of the place fhall require no more from the perfon accufed, than that he give to the accufer a declaration in writing, witneffed by the magistrate, whereby he fhall be bound to answer that matter before a competent judge in his own country; which being done, it fhall not be lawful for the feamen to defert their fhip, or to hinder the commander from profecuting his voyage. It shall moreover be lawful for the merchants in the places of their abode, or elsewhere, to keep books of their accounts and affairs, as they fhall fee fit, and to have an intercourse of letters, in fuch language or idiom as they fhall chufe, without any moleftation or fearch whatfoever. But if it should happen to be neceffary for them to produce their books of accounts for deciding any difpute or controverfy, in fuch cafe they fhall be obliged to bring into court the entire books or writings, but fo as the judge may not have liberty to take cognizance of any other articles in the faid books than fuch as fhall relate to the affair in quetion, or fuch as fhall be neceffary to give credit to the faid books; neither fall it be lawful, under any presence, to take the faid books or writings forcibly out of the hands of the owners, or to retain them, the cafe of bankruptcy only excepted. Nor fhall the fubjects of the king of Great Britain be obliged to write their accounts, letters, or other inftruments relating to trade, on ftamped paper, except their daybook, which, that it may be produced as evidence in any law-fuit, ought, according to the laws which all perfons trading in France are to obferve, to be indorsed and attested gratis by the judge, under his own hand. Art. XVIII. It is further agreed and concluded, that all merchants, commanders of fhips, and others, the fubjects of the king of Great Britain, in all the dominions of his most Christian majefty in Europe, fhall have full liberty to manage their own affairs themselves, or to commit them to the management of whomfoever they pleafe; nor fhall they be obliged to employ any interpreter or broker, nor to pay them any falary, unless they fhall chufe to employ thein. Moreover, inafters of fhips fhall not be obliged, in loading or unloading their fhips, to make ufe of thofe perf fons who may be appointed by public authority for that purpofe, either at Bourdeaux or elsewhere; but it fhall be entirely free for them to load or unload their fhips by themfelves, or to make ufe of fuch perfon or perfons in loading or unloading the fame, as they fhall think fit, without the payment of any reward to any other whomfoever; neither fhall they be forced to unload into other fhips, or to receive into their own, any merchandize whatever, or to wait for their lading any longer than they please. And all the fubjects of the most Chriflian king fhall reciprocally have and enjoy the fame privileges and liberties, in all the dominions of his Britannic majesty in Europe. Art. XIX. The fhips of either party being laden, failing along the coafts of the other, and being forced by ftorm into the havens or ports, or making land there in any other manner manner whatever, shall not be obliged to unlade their goods, or any part thereof, or to pay any duty, unless they, of their own accord, unlade their goods there, and fell fome part thereof But it fhall be lawful, permiflion having been firft obtained from thote who have the direction of maritime affairs, to unlade and fell a fmall part of their cargo, merely for the end of purchaling neceflaries, either for victualling or refitting the hip; and in that cafe, the whole lading fhall not be subject to pay the duties, but that fmall part only which fhall have been taken out and fold. Art. XX. It fhall be lawful for all the fubjects of the king of Great Britain, and of the most Christian king, to fail with their fhips, with perfect fecurity and liberty, no diftinction being made who are the proprietors of the merchandizes laden thereon, from any port whatever, to the countries which are now, or fhall be hereafter at war with the king of Great Britain, or the moft Chriftian king. It fhall likewife be lawful for the aforefaid fubjects to fail and traffic with their thips and merchandizes, with the fame liberty and fecurity, from the countries, ports, and places of thofe who are enemies of both, or of either party, without any oppofition or disturbance whatsoever, and to pafs directly not only from the places of the enemy aforementioned to neutral places, but alfo from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurifdiction of the fame, or of feveral princes. And as it has been ftipulated concerning fhis and goods, that every thing fhall be deemed free, which fhall be found on board the fhips belonging to the fubjects of the respective kingdoms, although the whole lading, or part thereof, thould belong to the enemics of their majesties, contraband goods being always excepted, on the ftopping of which, fuch proceedings thall be had as are conformable to the fpirit of the fol lowing articles; it is likewife agreed, that the fame liberty be extended to perfons who are on board a free thip, to the end that, although they be enemies to both, or to either party, they may not be taken out of fuch free fhips, unle's they are foldiers, actually in the fervice of the enemies, and on their employed in a military capacity, ia voyage for the purpofe of being their fleets or armies. Art. XXI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting thofe only which are specified in the following article, and which are defcribed under the name of contraband. Art. XXII. Under this name of contraband, or prohibited goods, fhall be comprehended arms, cannon, harquebuffes, bombs, grenades, fauciffes, carcafmortars, petards, fes, carriages for cannon, musket-refts, bandoleers, gun-powder, match, faltpetre, ball, pikes, fwords, head-pieces, helmets, cutlaffes, halberds, javelins, holtfters, belts, horfes and harness, and all other like kinds of arms and warlike implements fit for the ufe of troops. Art. XXIII. Thefe merchandizes which follow fhall not be reckoned among contraband goods, that is to fay, all forts of cloth, and all other manufactures of wool, flax, filk, cotton, or any other materials, all kinds of wearing apparel, together with the articles of which they are ufualI made, gold, filver, coined or uncoined, tin, iron, lead, copper, brafs, coais, as also wheat and bar ley,. |