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ciprocity, relative to the stipulations contained in the present article : but it is at the same time agreed, that its contents shall not affect the laws made, or that may be made hereafter in France, against emigrations, which shall remain in all their force and vigour; and the United States, on their part, or any of them, shall be at liberty to enact such laws, relative to that matter, as to them shall seem proper.
ARTICLE XII. The merchant-ships of either of the parties; which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the spécies of goods on board her there shall be just grounds of suspicion, Shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly Thewing that her goods are not of the number of those which have been prohibited as contraband.
*7*. If, by exhibiting of the above faid certifi"cates, the other party discover there are any of those forts of goods which are prohibited and declared contraband, and consigned for a
port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessel found therein, or to remove the smallest parcel of her goods, whether such ship belong to the subjects of France or the inhabitants of the said United States, unless the lading be brought on shore, in the presence of the Officers of the Court of Admiralty, and an inventory thereof made : but there shall be no allowance to fell, exchange, or alienate the same in any manner, until that after due and lawful process shall have been had against such prohibited goods, and the Court of Admiralty shall, by a sentence pronounced, have confiscated the fame, saving always as well the ship itself, as any other goods found therein, which by this Treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less fhall they be confiscated as lawful prize. But if not the whole cargo, but only part thereof Thall consist of prohibited or contraband goods, and the commander of the ship thall be ready and willing to deliver them to the captor who has discovered them ; in such case the captor having received those goods, shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchandizes cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeable to what is above directed.
ARTICLE 14. On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, or any ship belonging to the enemies of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confifcated in the same manner as if it belonged to the enemy, except such goods and merchandize as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration ; so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the fame, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same ; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective subjects, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.
ARTICLE XV. And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other pare ty, all the commanders of the ships of his Most Christian Majesty and of the said United States, and all their subjects and inhabitants, shall be
forbid doing any injury or damage to the other lide; and if they act to the contrary they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their persons and goods.
ARTICLE XVI. All ships and merchandize of what nature foever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either. State, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.
ARTICLE XVII. It shall be lawful for the thips of war of either party, and privateers, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty, or any other judges; nor shall such prizes be arrested or seized when they come to and enter the port of each party; nor shall the searchers