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ARTICLE VI. The subjects of the contracting parties may, on one side and on the other, in the respective countries and states, dispose of their effects by testament, donation, or otherwise; and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab intestato, whether in person or by their attorney, or substitute, even althowgh they shall not have obtained letters of naturalization, without having the effect of such commiffion contested under pretext of any rights or prerogatives of any province, city, or private person: and if the heirs, to whom such successions may have sallen, shall be minors, the tutors, or curators, established by the judge domiciliary, of the said minors may govern, direct, administer, fell, and alienate the effects fallen to the said minors by inheritance; and in general, in relation to the said successions and effects, use all the rights and fulfil all the function$ which belong, by the disposition of the laws, to guardians, tutors, and curators ; provided, nevertheless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal instrument.
ARTICLE VII. It sliall be lawful and free for the subjects of each party to employ such advocates, attornies, notaries, solicitors, or sactors, as they shall judge proper.
ARTICLE VIII. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandizes and goods in general, and effects, of
one one of th,e confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores, or dominions whatsoever of the other confederate, for any military expedition, public or private use of any one, by arrests, violence, or any colour thereof; much less shall it be permitted to the subjects of either party to take, or extort by force, any thing from the subjects of the other party, without the consent of the owner; which, however, is not to be understood of seizures, detentions,- and arrests, which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof the proceedings must be by way of law, according to the forms of justice. "'.
It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two powers respectively, to manage, themselves, their own business: and moreover, as to the use of interpreters, or brokers, as also in relation to the loading or unloading of their vessels, and every thing which has relation thereto, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or, at least, upon an equality with the most savoured nation.
ARTICLE X. The merchant ships of either of the parties, corning from the port of an enemy, or from their own, or a neutral port, may navigate freely towards any port of an enemy of the other ally. They shall, nevertheless, beheld, whenever it shall be required, to exhibit, as well upon the high seas as in the ports, their sea-letters, and other documents, described in
the twenty-fifth article, stating exprefly that their effects are not of the number of those which are prohibited as contraband. And not having any contraband goods for an enemy's port, they may freely and without hindrance pursue their voyage towards the port of an enemy. Nevertheless, it shall not be required to examine the papers df vessels convoyed by vessels of war, but credence shall be given to the word of the officer who shall conduct the convoy.
If by exhibiting the sea-letters and other documents described more particularly in the twentyfifth article of this treaty, the other party, shall discover there are any of those sorts of goods which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy; it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks, or other vessels found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their High .Mightinesses the States General of the United Netherlands, or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore in 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, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the Court of Admiralty, by a sentence pronounced, shall have confiscated the same; saving always as well the ship itself, as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize. But on the contrary, when, by the visitation
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at land, it shall be found, that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel, has been able to discover any there, he ought to be condemned in all the charges, damages, and interests of them, which he shall have caused, both to the owners of vessels, and to the owners 2nd freighters of cargoes, with which they shall be loaded, by his temerity in taking and carrying them in; declaring most expresly the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who" shall be found in a free vessel, who may not be taken outo£ her, unless they are military men, actually in the service of an enemy.
On the contrary, it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies df the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated in the same manner as if it belonged to the enemy; except, nevertheless, such effects and merchandizes as were put on board such vessel before the declaration of war, or in the space of six months after it; which effects shall not be in any manner subject to confiscation, but shall be saithfully and without delay restored in nature to the owners, who shall claim them, or cause them to be claimed, before the confiscation and sale; as also their proceeds, if he claim could not be made but in-the space of eight months after the sale, which ought to be public: provided, nevertheless, that if the said merchandizes are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.
ARTICLE XIII. And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer molestation from the vessels of war, or privateers of the other party; it shall be forbidden to all commanders of vessels of war, and other armed vessels of the laid States General of the United Netherlands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence, or do any damage to those of the other party: and if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty, after a just examination, punished by their proper judges; and moreover, obliged to make satissaction for all damages and interest thereof, by reparation, under pain and obligation of their persons and goods.
ARTICLE XIV. For further determining of what has been said, all captains of privateers, or fitters-out of vessels armed for war, under commission, and on account of private persons, shall be held before their departure, to give sufficient caution before competent judges, either to be entirely responsible for the malversations which they may commit in their cruizes or voyages, as well as for the contraventions of their captains and officers against the present treaty, and against the ordinances and edicts which shall be publiihed in consequence of, and in conformity to it, under pain of forfeiture and nullity of the said commissions.
All vessels and merchandizes, of whatsoever nature, which sliall be rescued out of the hands of any pirates, or robbers, navigating the high seas without requisite commissions, shall be brought into some port of one of the two States, and deposited in the hands of the officers of .that port, in order to
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