ARTICLE IX.

It is agreed that British fubjects who now hold land in the territories of the United States, and American citizens who now hold lands in the dominions of his Majefty, fhall continue to hold them according to the nature and tenure of their refpective effates and titles therein, and may grant, fell or devife the fame to whom they pleafe, in like manner as if they were natives; and that neither they nor their heirs and affigns fhall fo far as may refpe&t the faid lands, and the legal remedies incident thereto, be regarded as aliens. ARTICLE X.

Neither the debts due from individuals of the one nation, to individuals of the other, nor frares of monies which they may have in the public funds, ur in the public or private banks fhall ever in any event of war or national differences be fequeftered or confifcated, it being unjuft and impolitic that debts and engagements contracted and made by individuals having confidence in each other, and in their refpective governments fhould ever be deftroyed or impaired by national authority on account of national differences and difcontents.

ARTICLE XI.

It is agreed between his Majefty and the United States of America that there fhall be a reciprocal and entirely perfect liberty of navigation and commerce between their refpective people, in the manner under the limitations and on the conditions fpecified in the following articles.

ARTICLE XII.

His Majefty confents that it fhall and may be lawful during the time hereafter limited for the citizens of the United States to carry to any of his Majefty's iflands and ports in the Weft Indies from the United States, in their own veffels, not being above the burthen of 70 tons, and goods and merchandizes being of the growth, manufacture or produce of the faid flates, which it is or may be lawful to carry to the faid iflands or ports from the faid flates in British veffels; and that the faid American veffels shall be fubject there, to no other nor higher tonnage duties or charges than fhall be payable by British veffels in the ports of the United States; and that the cargoes of the faid American veffels fhall be fubje&t there to no other or higher duties or charges than fhall be payable on the like articles if imported there from the flares in British veffels.

And his Majefly alfo confents that it fhall be lawful for the faid American citizens to purchate, load, and carry away, in their faid veffels to the United States, from the faid iflands and ports all fuch articles, being of the growth, manufacture or produce of the faid iflands, as may now by law be carried from thence to the faid flates in Britifh veffels, and fubject only to the fame duties and charges on exportation to which Britif vessels and their cargoes are or fhall be fubject in fimilar circumftances.

Provided always, that the faid American veffels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and refrain the carrying any molaffes, fugar, coffee, cocoa, or cotton in American veffels, either from his Majefty's iflands, or from the United States, to any part of the world except the United States, reafonable fea flores excepted. Provided alfo, that it fhall and may be lawful, during the fame period, for British veffels to import from the faid iflands, into the United States, and to export from the United States to the faid illands, all

articles whatever, being of the growth, produce or manufacture of the faid illands, or of the United States refpectively, which now may by the laws of the said states be fo imported and exported. And that the cargoes of the faid British vellels fhall be fubject to no other or higher duties or charges, than fhall be payable on the fame articles if fo imported or exported in American veffels.

It is agreed that this article and every matter and thing therein contained fhall continue to be in force during the continuance of the war in which his Majelly is now engaged; and alfo for two years from and after the day of the fignature of the preliminary or other articles of peace by which the fame may be terminated.

And be it further agreed, that at the expiration of the faid term, the two contracting parties will endeavour further to regulate their commerce in this refpect according to the fituation in which his Majefly may then find bio felf with refpect to the Weft Indies, and with a view to fuch arrangements as may belt conduce to the mutual advantage and extention of co.amerce. And the faid parties will then alfo renew their difcuffion, and endeavour to agree, whether in any and what cafes, neutral veffels fhall protett enemy's property; and in what cafes provisions and other articles, not generally contraband, may become fuch. But in the mean time their conduct towards each other in these refpects, shall be regulated by the arucies herein after inferted on those subjects.

ARTICLE XIII.

His Majelly confents that the veffels belonging to the citizens of the United States of America fhall be admitted and hofpitably received in all the fea ports and harbours of the British territories in the Eaft Indies. And that the citizens of the faid United States may freely carry on a trade between the faid territories and the faid United States in all articles of which the importation or exportation refpectively to or from the faid territories, fhall not be entirely prohibited. Provided only, that it fhall not be lawful for them in any time of war between the British government and any other power or flate whatever, to export from the faid territories, without the fpecial permiflion of the British government there, any military or naval flores, or rice. The citizens of the United States fhall pay for their veffels when admitted into the faid ports no other or higher tonnage duty, than thall be payable on British veffels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the faid veffels, than fhall be payable on the fame articles when imported or exported in British vefels. But it is expressly agreed, that the vessels of the United States fhall not carry any of the articles exported by them from the faid British territories to any port or place except to fome port or place in America, where the fame fhall be unladen, and fuch regulations thall be adopted by both parties, as fhail from time to tina be found neceffary to enforce the due and faithful obfervance of this lap.t'stion. It is alfo underflood that the permillion granted by this article is not to extend to allow the veffels of the United States to carry on any part of the coafting trade of the faid British territories; but vellels going with their original cargoes, or part thereof, from one port of discharge to an other, are not to be confidered as carrying on the coafting trade. Neither is this article to be conftrued to allow the citizens of the United States to fettle or r fide within the faid territories, or to go into the interior parts thereof, without the per

on of the British government effablifhed there; and if any tranfgrellion

fhould be attempted against the regulations of the British government in this refpect, the obfervance of the fame fhall and may be enforced against the citizens of America in the fame manner as against British fubjects or others tranfgreffing the fame rule. And the citizens of the United States whenever they arrive in any port or harbour in the faid territories, or if they fhould be permitted in manner aforefaid, to go to any other place therein, fhall always be fubject to the laws, government and jurisdiction of what nature established in fuch harbour, port or place, according as the fame may be The citizens of the United States, may alfo touch for refreshment at the island of St. Helena, but fubject in all refpects to fuch regulations as the British government may from time to time establish there.

ARTICLE XIV.

There fhall be between all the dominions of his Majefty in Europe and the territories of the United States reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries relpectively fhall have liberty freely and fecurely and without hindrance and moleftation to come with their fhips and cargoes to the lands, countries, cities, ports, places and rivers within the dominions and territories aforefaid to enter into the fame, to refort there and remain and refide there without any limitation of time: Alfo to hire and poffefs houfes and warehouses for the purposes of their commerce, and generally the merchants and traders on each fide fhall enjoy the most compleat protection and security for their commerce, but fubject always as to what refpects this article to the laws and ftatutes of the two countries refpectively.

ARTICLE XV.

It is agreed that no other or higher duties fhall be paid by the ships or the merchandize of the one party in the ports of the other, than fuch as are paid by the like veffeis or merchandize of all other nations. Nor fhall any other or higher duty be impofed in one conntry on the import ation of any articles the growth, produce or manufacture of the other than are of fhall be payable on the importation of the like articles, being of the growth, produce or manufacture of any other foreign country. Nor fhall any prohibition be impofed on the exportation or importation of any articles to or frem the territories of the two parties refpectively, which fhall not equally extend to all other nations.

But the British government referves to itself the right of impofing on American veffels entering into the British ports in Europe a tonnage duty equal to that which fhall be payable by British veffels in the ports of America: And alfo fuch duty as may be adequate to countervail the difference of duty now payable on the importation of European and Afiatic goods when imported into the United States in Britifh or in American vellels.

The two parties agree to treat for the more exact equalization of the duties on the refpective navigation of their fubjects and people in fuch manner as may be moft beneficial to the two countries. The arrangements for this purpofe fhall be made at the fame time with thofe mentioned at the conclufion of the 12th article of this treaty, and are to be confidered as a part thereof. In the interval it is agreed, that the United States will not impofe any new or additional tonnage duties on British veffels, nor increase the now fubfifling difference between the duties payable on the importation of any articles in British or in American veffels.

ARTICLE XVI.

It fhall be free for the two contracting parties, refpeftively to appoint confuls for the protection of trade, to refide in the dominion and territories aforefaid, and the faid confuls fhall enjoy thofe liberties and rights which belong to them by reason of their function. But before any conful fhall aft as fuch, he fhall be in the ufual forms approved and admitted by the party to whom he is fent; and it is hereby declared to be lawful and proper, that in cafe of illegal or improper conduct towards the laws or government a conful may either be punished accordingly to law, if the laws will reach the cafe or be difmiffed, or fent back, the offended government alligning to the other their reafons for the fame.

Either of the parties may except from the refidence of confuls fuch particular places as fuch party fhall judge proper to be fo excepted.

ARTICLE XVII.

It is agreed, that in all cafes where veffels fhall be captured or detained on juft fufpicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war: the faid veffel fhail be brought to the neareft or moft convenient port: And if any property of an enemy should be found on board fuch veffel, that part only which belongs. to the enemy shall be made prize, and the veffel fhall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures fhall be taken to prevent delay, in deciding the cafes of Thips or cargoes fo brought in for ajudication; and in the payment or recovery of any indemnification adjudged or agreed to be paid to the mafters or owners of fuch fhips.

ARTICLE XVIII.

In order to regulate what is in future to be deemed a contraband of war, it is agreed, that under the faid denominations fhall be comprited all arms and implements ferving for the purposes of war, by land or fea, fuch as can→ non, maskets, mortars, teards, bombs, grenadoes, carcafles, fancifles, carriages for cannon, mufket refls, bandoliers, gunpowder, match, falt-petre, ball, pikes, fwords, head pieces, cutlaffes, halberts, lances, javelins, horfe furniture. holfters, belts, and generally all other implements of war; as alfo timber for fhipbuilding, tar or rolin, copper iu fheets, fails, hemp and cordage, and generally whatever may serve directly to the equipment of veffels, unwrought iron and fir planks only excepted, and all the above articles are hereby declared to be juft objects of confifcation, whenever they are attempted to be carried to an

enemy.

And whereas the difficulty of agreeing on the precife cafes in which alone provision and other articles not generally contraband may be regarded as fuch, renders it expedient to provide against the inconveniences and mifunderftandings which might thence arife: It is further agreed, that whenever any fuck arucles fo becoming contraband according to the exiling laws of nations, ball for that reafon be feized, the fame fhall not be confifcated, but the owners thereof fhail be fpeedily and completely indemnified and the captors, or in their default the government under whofe authority they act, fhall pay to the mafters or owners of fuch veffels the full value of all articles, with a reasonable mercantile profit thereon, together with the freight, and alfo the demurage incident to fuch detention.

And whereas it frequently happens that velfels fail for a port or place belonging to an enemy, without knowing that the faine, is enher befieged, blockaded, or invested: it is agreed, that every vellel fo circumftanced may

be turned away from Tuch port or place, but the shall not be detained nor her cargo, if not contraband, be confifcated unless after notice the fhall again attempt to enter; but the fhall be permitted to go to any other port or place the may think proper. Nor fhall any veffel or goods of either party, that may have entered into any fuch port or place, before the fame was befieged blockaded or invelled by the other, and be found therein after the reduction or furrender of fuch place, be liable to confifcation, but shall be rettored to the owners or proprietors thereof.

ARTICLE XIX.

And that more abundant care be taken for the fecurity of the respective fubjects and citizens of the contracting parties, and to prevent their fuffering injuries by the men of war, or privateers of either party, all commanders of fhips of war and privateers and all others the faid fubjects and citizens fhail forbear doing any damage to thofe of the other party, or committing any outtage against them, and if they aft to the contrary, they fhall be punifhed, and fhall alfo be bound in their perfons and ellates to make fatisfaction and reparation for all damages, and the intereft thereof, of whatever nature the faid damage may be.

For this caufe all commanders of privateers before they receive their commillions fhall hereafter be obliged to give before a competent judge, fufficient fecurity by at least two refponible fureties, who have no intereft in the faid privateer, each of whom, together with the faid commander, fhall be jointly and feverally bound in the fum of fifteen hundred pounds fierling, or if fuch fhips be provided with above one hundred and fifty feamen or foldiers, in the fum of three thoufar d pounds flerling, to fatisfy all damages and injuries, which the faid privateer or her officers or men, or any of them may do or commit during their cruize, contrary to the tenor of this treaty, or to the laws and infuctions for regulating their conduct; and further that in all cafes of aggrelions the faid commiffions fhall be revoked and annulled.

It is agreed that whenever a judge of a court of admiralty of either of the parties, fhall pronounce fentence against any veffel or goods or property b:longing to the fubjects or citizens of the other party a formal and duly authenticated copy of all proceedings in the caufe, and of the laid fentence shall if required be given to the commander of the faid veffel, without the leaft delay, paying all legal fees and demands for the fame.

ARTICLE XX.

It is further agreed that both the faid contracting parties, fhall not only refufe to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbour, conceal or affift them in any manner, but will bring to condign punishment all fuch inhabitants as fhall be guilty of fuch acts or offences.

All their fhips with the goods or merchandize taken by them and brought into the port of either of the faid parties, fhall be feized as far as they can be difcovered and shall be reflored to the owners or their factors or agents duly deputed and authorized in writing by them (proper evidence being firk given in the court of admiralty for proving property) even in cafe fuch effects fhould have paffed into other hands by fale, if it be proved that the buyers knew or had given reafon to believe, or fufpect that they had been piratically taken.

ARTICLE XXI.

It is likewife agreed, that the fubjects and citizens of the two nations, fhall bot do any atls of hoftility or violence against each other, nor accept com