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be restored entire to the true proprietor, as soon as due and sufficient proofs shall be made concerning the property thereof.

ARTICLE XVI. If any ships or vessels, belonging to either of the parties, their subjects or people, shall, within the coasts or dominions of the other, stick upon the sands, Or be wrecked, or suffer any other sea damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and the vessels, effects, and merchandizes, or the part of them which shall have been saved, or the proceeds of them, if, being perishable, they shall have been fold, being claimed within a year and a day by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid in the same cafe for the salvage by the proper subjects of the country. There shall also be delivered them safe-conducts or passports for their free and safe passage from thence, and to return each one to his own country,

ARTICLE XVII. In cafe the subjects or people of either party, with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads, or shores, belonging to the other party, they shall be received with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves at reasonable rates with victuals, and all things needful for the sustenance of their persons, or reparation of their ships; and they shall no ways be detained or hindered from returning out of the said portsor roads,

but

tut may remove and depart, when and whither they please, without any lett or hindrance,

ARTICLE XVIH. For the better promoting of commerce on both sides, it is agreed, that if a war should break out between their High Mightinesses the States General of the United Netherlands and the United States of America, there shall always be granted to the subjects on each side, the term of nine months, after the date of the rupture, or the proclamation of war, to the end that they may retire with their effects, and transport them where they please j which it shall be lawful for them to do, as well as to fell or transport their effects and goods in all freedom, and without any hindrance, and without being able to proceed, during the said term of nine months, to any arrest of their effects, much less of their persons; on the contrary, there shall be given them, for their vessels and their effects which they would carry away, passports and safe-conducts for the nearest ports of their respective countries, and for the time necessary for the voyage. And no prize, made at sea, shall be adjudged lawful, at least, if the declaration of war was not, or could. not be known in the last port which the vessel taken has quitted. But for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them in the interval of the said terms, a com* •pleat satissaction shall be given them,

ARTICLE XIX. . No subject of their High Mightinesses the States General of the United, Netherlands shall apply for, or take. any commission, or letters of marque, for arming any ship or ships, to act as privateers against the said United States of America, or any of them,-or the.subjects and. inhabitants of the said.United States, or any of them, ;or against G g 3 the the property of the inhabitants of any of them, from any prince or state with which the said United States of America may happen to be at war: nor shall any subject or inhabitant of the said United States of America, or any of them, apply for, or take any commission, or letters of marque, for arming any ship or ships, to act as privateers against the High and Mighty Lords the States General of the United Netherlands, or against the subjects of their High Mightinesses, or any of them, or against the property of any one of them, from any prince or state with which their High Mightinesses may be at war. And if any person of either nation shall take such commission, or letters of marque, he shall be punished as a pirate.

ARTICLE XX. Or

If the vessels of the subjects or inhabitants of one of the parties come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes, or break buik, or take in any cargo, they shall not be obliged to pay neither for the vessels, nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume, that they carry to an enemy merchandizes of contraband.

ARTICLE XXI. The two contracting parties grant to each other, mutually, the liberty of having, each in the ports of the other, consuls, vice-coniuls, agents and commissaries of their own appointing, whose functions stiall be regulated by particular agreements, whenever either party chuses to make such appointments.

ARTICLE XXII. This treaty shall not be understood in any manner ner. to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of the treaty with France, as they were numbered in the same treaty concluded the 6th of February 1778, and which make the articles ninth, tenth; seventeenth, and twentysecond of the treaty of commerce now subsisting between the United States of America and the Crown of France: nor shall it hinder his Catholic Majesty from acceding to that treaty, and enjoying the advantages of the said four articles.

ARTICLE XXIII. If at any time the United States of America shall judge necessary to commence negociations with the king or emperor of Morocco and Fez, and .with.the regencies of Algiers, Tunis or Tripoli, or with any of them, to obtain passports for the security of their navigation in the Mediterranean sea, their High Mightinesses promise, that upon the requisition which the United States of America shall make of it, they will second such negociations in the most savourable manner, by means of their consuls residing near the said king, emperor, and regencies.

ARTICLE XXIV.

CONTRABAND.

The liberty of navigation and commerce shall extend to all sorts of merchandizes, excepting only those which are distinguished under the name of contraband, or merchandizes prohibited: and under this denomination of contraband, and merchandizes prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery, with their artifices and appurtenances, fusils, pistols, bombs, grenades, gun-powder, saltpetre, sulphur, match, bullets and balls, pikes, sabres, lances, halberts, casques, cuirasses, and other forts of arms; as also, soldiers, horses, saddles, and furniture for G g 4 horses. horses. All other effects and merchandizes, not before specified expressly, and even all forts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manusacture of one or another fort of mar chines of war, by land or sea, shall not be judged contraband, neither by the letter, nor, according to. any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband: so that all effects and merchandizes which are not exr pressly before named, may, without any exception, and in perfect liberty, be transported by the subjects and inhabitants of both allies, from and to. places belonging to the enemy; excepting only, the places, which, at the same time, shall be besieged, blocked or invested; and those places only shail be held for such, which are surrounded nearly by some of the belligerent powers.

ARTICLE XXV, To the end that all dissention and quarrel may be avoided and prevented, it has been agreed, that in cafe one of the two parties happens to be at war, the vessels belonging to the subjects or inhabitants of the other ally shall be provided with sea-letters or passports, expressing the name, the property and the burthen of the vessel, as also the name and the place of abode of the master or commander qf the said vessel; to the end that thereby it may appear, that the vessel really and truly belongs to subjects or inhabitants of one of the parties; which passports shall be drawn and distributed according to the form annexed to this treaty.—Each time that the vessel shall return, she should have such her passport renewed; or, at least, they ought not to be of more ancient date than two years, before the vessel has been' returned to her own country. It has been also agreed, that such vessels, being

loaded,

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