tracting parties respectively to appoint | detained shall be allowed damages proporconsuls for the protection of Trade, to re- tioned to the loss occasioned thereby, toside in the dominion and territories afore-gether with the costs and charges of the said; and the said consuls shall enjoy trial. those liberties and rights which belong to them by reason of their function; but before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent: And it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other the reasons for the same. -Either of the parties may except from the residence of consuls, such particular places as such party shall judge proper to be excepted (8). Art. S. It is agreed, that in all cases where Vessels shall be captured or detained [on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war (9)] or for [other (10)] lawful cause, the said vessel shall be brought to the nearest or most convenient port; [and if any property of an enemy should be found on board such vessel (11)] that part only which [belongs to the enemy cr (12)] is [otherwise (13)] confiscable, shall be made prize, and the vessel, unless by law subject to condemnation, shall be at liberty to proceed with the remainder of the cargo, without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay in deciding the cases of ships and cargoes so brought in for adjudication, and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of such ships. It is also agreed, that in all cases of unfounded detention, or other contravention of the Regulations stipulated by the present Treaty, the owners of the vessel and cargo so Art. 9. In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be comprized all arms and implements serving for the purposes of war by land or by sea, such as cannon, musquets, mortars, petards, bombs, grenadoes, carcasses, carriages for cannon, musquet rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, cuirasses, halberts, lances, javelins, horsefurniture, holsters, belts, and generally all other implements of war; as also timber for ship building, copper in sheets, sail cloth, hemp, and cordage, and in general (with the exception of unwrought iron and fir planks; and also with the exception of tar and pitch (14), when not going to a port of naval equipment, in which case they shall be entitled to pre-emption) whatever may serve directly to the equipment of vessels; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy; but no vessel shall be detained on pretence of carrying contraband of war, unless some of the above-mentioned articles not excepted, are found on board of the said vessel at the time it is searched. Art. 10. Whereas in consideration of the distance, and other circumstances incident to the situation of the high contracting parties, it may frequently happen that vessels may sail for a port or place belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested, it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after such notice she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper; nor shall any (8) Propose to strike out the last Para-vessel or goods of either party, that may graph.-(9) Omit the words on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which are contraband of war.'-(10) Omit the word other, and substitute any.'-(11) Omit the words if any property of an enemy should be found on board such vessel.'-(12) Omit the words belongs to the enemy, or.'. (13) Omit the word 'otherwise.' have entered into such port or place before the same was besieged, blockaded, or invested by the other, and be found therein after the reduction or surrender of such place, be liable to confiscation, but shall be restored to the owners or proprietors (14) After the words tar and pitch,' add turpentine and rosin,' thereof (15). Neither of the parties when | be bonâ fide the property of citizens and at war, shall, during the continuance of inhabitants of the United States (20).— the Treaty, take from on board the vessels Provided always, that this Article, or any of the other, the subjects of the opposite thing therein contained, shall not operate belligerent, unless they be in the actual to the prejudice of any right belonging to employment of such belligerent. either party; but that, after the expiration of the time limited for the Article, the rights on both sides shall revive and be in full force. Art. 11. Whereas differences have arisen concerning the trading with the colonies of his majesty's enemies, and the instructions given by his majesty to his cruizers in regard thereto; it is agreed, that, [during the present hostilities (16),] all articles of the growth, produce, and manufacture of Europe (17), not being contraband of war, may be freely carried from the United States to the port of any colony not blockaded, belonging to his majesty's enemies.-Provided such goods shall previously have been entered and landed in the United States, and shall have paid the ordinary duties on such articles so imported for home consumption, and on re-exportation shall after the drawback remain subject to a duty equivalent to not less than one per cent. ad volorem, and that the said goods and the vessel conveying the same, shall from the time of their clearance from the American port, be bonâ fide the property of citizens and inhabitants of the United States: And in like manner, that all articles not being contraband of war, and being the growth and produce of the enemy's colonies, may be brought to the United States, and after having been there landed, may be freely caried from thence to any port of Europe (18) not blockaded, provided such goods shall previously have been entered and landed in the said United States, and shall have paid (19) the ordinary duties on colonial articles so imported for home consumption, and on re-exportation shall, after the draw-back, remain subject to a duty equivalent to not less than 2 per cent. ad valorem; and provided that the said goods and the vessel conveying the same, (15) At the end of the first Paragraph introduce, a definition of the Blockade: In order to determine what characterizes a blockade, that denomination is only given to a port where there is, by the disposition of the power which blockades it with ships stationary, or sufficiently near, an evident danger in entering.'-(16) Omit during the present hostilities.'-(17) After the word Europe,' insert or elsewhere.'(18) After the word Europe,' insert or elsewhere.'-(19) After the word paid,' insert or secured to be paid.' VOL. X. Art. 12. And whereas it is expedient to make special provisions respecting the Maritime Jurisdiction of the high contracting parties on the coasts of their respective possessions in North America, on account of peculiar circumstances belonging to those coasts, it is agreed that in all cases where one of the said high contracting parties shall be engaged in war, and the other shall be at peace, the belligerent power shall not stop, [except for the purpose hereafter mentioned (21),] the vessels of the neutral power, or the unarmed vessels of other nations within 5 miles from the shore belonging to the said neutral power on the Ameriean seas (22).-Provided that the said stipulation shall not take effect in favour of the ships of any nation or nations which shall not have agreed to respect the limit aforesaid as the line of Martime Jurisdiction of the said neutral state: And it is further stipulated, that if either of the high contracting parties shall be at war with any nation or nations which shall have agreed to respect the said special limit or line of Maritime Jurisdiction herein agreed upon, such contracting party shall have the right to stop or search any vessel beyond the limit of a cannon shot or 3 marine miles from the said coasts of the neutral power, for the purpose of ascertaining the nation to which such vessel shall belong. And with respect to the ships and property of the nation or nations not having agreed to respect the aforesaid line of jurisdiction, the belligerent power shall exercise the same rights as if this Article did not exist; (20) At the end of the Paragraph introduce the following It is understood, that no inference is to be drawn from this Article to affect any question, now or hereafter to be judicially depending, touching the legality or illegality of a direct trade from Europe, or elsewhere, by citizens of the United States, with enemies colonies beyond the Cape of Good Hope.'-(21) Omit the words except for the purpose hereafter mentioned.' -(22) Omit the last Paragraph. 2 P and the several provisions stipulated by this Article shall have full force and effect only during the continuance of the present Treaty. Art. 13. With respect to the Searching of Merchant Ships, the commanders of ships of war and privateers shall conduct themselves [as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter (23,)] observing as much as possible the acknowledged principles and rules of the law of nations. And for the better security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be. For this cause, all commanders of privateers, before they receive their commissions, shall hereafter be compelled to give, before a competent judge, sufficient security, by at least two respectable sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of 2000l. sterling; or, if such ship be provided with above 150 seamen, or soldiers, in the sum of 4000l. sterling, to satisfy all damages and injuries, which the said privateers, or officers, or men, or any of them, may do or commit during their cruize, contrary to the tenour of this Treaty, or to the Laws and Instructions for regulating their conduct; and further, that in all cases of aggressions, the said commissions shall be revoked and annulled.—It is also agreed, that whenever a Judge of a court of Admiralty of either of the parties shall pronounce sentence against any vessel or goods or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same. Art. 14. It is further agreed, that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbour, conceal or assist them in any manner, but will bring to condign punish (23) Propose to introduce, as the first Paragraph of the Article, the following, If the ships of either of the parties shall be met with, sailing either along the coasts or on the high seas, by any private armed vessel of the other party, such armed vessel shall, for avoiding all disorder in visiting and examining the same, remain out of cannon shot, unless the state of the sea or placement all such inhabitants as shall be guilty of meeting render a nearer approach necessary; and shall in no case compel or require such vessel to send her boat or her papers or any person from on board to the belligerent vessel, but the belligerent vessel may send her own boat and may enter her to the number of 2 or 3 men only, who may, in an orderly manner, make the necessary enquiries concerning the vessel and her cargo: And it is agreed, that effectual provision shall be made for punishing violations of any part of this stipulation.'-Omit the words as favourably as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter,' and insert according to the acknowledged principles and rules of the laws of nations, and as favourably, moreover, as the course of the war then existing may possibly permit towards the most friendly power that may remain neuter.' of such acts or offences.—And all their ships, with the goods or merchandizes taken by them, and brought into the ports of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners, or the factors or agents duly deputed, and authorized in writing by them, (proper evidence being shewn in the court of admiralty, for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe, or suspect that they had been piratically taken. Art. 15. It is likewise agreed, that the subjects and citizens of the two nations, shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign prince or state, enemies to the other party, nor shall the enemies of one of the parties be permitted to invite or endeavour to enlist in the military service any of the subjects or citizens of the other party; and the laws against all such offences and aggressions shall be punctually executed and if any subject or citizen of the said parties respectively shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer against the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject | or citizen, having such commission or letter of marque, as a pirate. Art. 16. It is expressly stipulated that neither of the said contracting parties will order or authorize any acts of reprizal against the other on complaints of injuries and damages, until the said party shall first have presented to the other a statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed. Art. 17. [The ships of war of each of the contracting parties shall at all times be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and government of the Country (24).] The officers shall be treated with that respect which is due to the commissions which they bear; and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And both contracting parties agree, that in case any vessel of the one should, by stress of weather, danger from enemies, or other misfortunes, be reduced to the necessity of seeking shelter in any of the ports of the other, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the government of the place, be hospitably received, and permitted to refit, and to purchase at the market price such necessaries as she may stand in need of, conformably to such Orders and Regulations as the government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bonâ fide necessary to her being refitted; nor shall she be obliged to pay any duties whatever, except on such articles as she may be permitted to sell for the purpose aforesaid. Art. 18. It shall not be lawful for any foreign privateers (not being subjects or citizens of either of the said parties) who have commissions from any power or state in enmity with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same; nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that prince or state from whom they obtained their commissions. Art. 19. It shall be lawful for the ships of war and privateers, belonging to the said parties respectively, to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fees to the officers of the admiralty, or to any judges whatever ; nor shall the said prizes, when they arrive at and enter the ports of the said parties, be detained or seized; nor shall the searchers, or other officers of those places, visit such prizes (except for the purpose of preventing the carrying of any part of the cargo thereof on shore, in any manner contrary to the established laws of revenue, navigation, or commerce); nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to shew.-No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties, but if forced by stress of weather or the dangers of the sea to enter them, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this Treaty contained shall however be construed to operate contrary to the former and existing public treaties with other sovereigns or states: but the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding articles. (24) Substitute the following: The ships of war and privateers of the two nations, as well as their prizes, shall be treated-Neither of the said parties shall permit in their respective ports as those of the nation most favoured.? the ships or goods belonging to the subjects or citizens of the other to be taken within cannon-shot of the coast, nor within the jurisdiction described in Art. 12. so long as the provisions in the said Article shall be in force, by ships of war or others having commissions from any prince, republic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost endeavours to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels (25). Art. 20. If at any time a rupture should take place (which God forbid) between his majesty and the United States, the merchants and others of each of the two nations, residing in the dominions of the other, shall have the privilege of remaining and continuing their trade, so long as they do it peaceably, and commit no offence against the laws; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of 12 months from the publication of the order shall be allowed them for the purpose to remove them with their families, effects, and property; but this favour shall not be extended to those who shall act contrary to the established laws: and for greater certainty, it is declared, that such rupture shall not be deemed to exist while negotiations for accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled or sent home on account of such differences, and not on account of personal misconduct, - according to the nature and degree of which both parties retain their rights, either to request the recall or immediately to send home the ambassador or minister of the other, and that without prejudice to their mutual friendship and good-understanding. Art. 21. It is further agreed, that his majesty and the United States, on mutual Regulations by them respectively, or by their respective ministers or officers authorised to make the same, will deliver up to justice all persons who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other; provided that this shall only be done on such evidence of criminality, (25) The two last Paragraphs to be struck out. as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expence of such apprehension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive. Art. 22. In the event of a shipwreck happening in a place belonging to one or other of the high contracting parties, not only every assistance shall be given to the unfortunate persons, and no violence done to them, but also the effects which they shall have thrown out of the ship into the sea shall not be concealed or detained nor damaged under any pretext whatever; on the contrary the above mentioned effects and merchandize shall be preserved and restored to them, upon a suitable recompence being given to those who shall have assisted in saving their persons, vessels, and effects. Art. 23. And it being the intention of the high contracting parties that the people of their respective dominions shall continue to be on the footing of the most favoured nation, it is agreed that, in case either party shall hereafter grant any additional advantages, in navigation or trade, to any other nation, the subjects or citizens of the other party shall fully participate herein (26). Art. 24. The high contracting parties engage to communicate to each other, without delay, all such laws as have been or shall be hereafter enacted by their respective legislatures, as also all measures which shall have been taken for the Abolition or Limitation of the African Slave Trade; and they further agree to use their best endeavours to procure the cooperation of other powers for the final and complete Abolition of a Trade so repugnant to the principles of justice and humanity. Art. 25. And it is further agreed, that nothing herein contained, shall contravene or affect the due execution of any treaty (26) To stand thus: It is agreed, that in case either party shall hereafter grant any additional advantages in navigation or trade to any other nation, the subjects or citizens of the other party shall fully participate therein freely, where it is freely granted to such other nation, or on yielding the same compensation when the grant is conditional.' |