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reftored without delay to the proprietors demanding the fame; but fo as that if the faid merchandizes be contraband, it fhall not be any ways lawful to eárry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the term of two months being paffed after the declaration of war, their refpective fubje&s, from whatever part of the world they come, fhall not plead the ignorance mentioned in this article. b. Art. 15. And that more effectual care may be taken for the fecurity of the fubjects and inhabitants of both parties, that they fuffer no injury by the men of war or privateers of the other party, all the commanders of the fhips of his moft christian majefty and of the faid united states, and all their subjects and inhabitants, fhall be forbid doing any injury or damage to the other fide; and if they act to the contrary they fhall be punished, and shall moreover be bound to make fatisfaction for all matter of damage, and the intereft thereof, by reparation, under the pain and obligation of their perfons and goods.

Art. 16. All fhips and merchandize of what nature foever, which shall be rescued out of the hands of any pirates or robbers on the high feas, fhall be brought into fome port of either state, and fhall be delivered to the cuftody of the officers of that port, in order to be restored intire to the true proprietor, as foon as due and fufficient proof fhall be made concerning the property thereof. Art. 17. It fhall be lawful for the fhips of war of either party, and privateers freely to carry whitherfoever they please the hips and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty, or any other judges; nor fhall fuch prizes be arrested or feized when they come to and enter the port of each party; nor fhall the fearchers or other officers of thofe places fearch the fame, or make examination concerning the lawfulness of fuch prizes; but they may hoift Tail at any time, and depart and carry their prizes to the places expreffed in their commiffions, which the commanders of fuch fhips of war fhall be obliged to fhew: Da the contrary, no fhelter or refuge shall be given in their ports to fuch as fhall have made prizes of the fubjects, people, or property of either of the parties; but if fuch fhall come in, being forced by stress of weather, or the danger of the fea, all proper means fhall be vigo rously used, that they go out and retire from thence as foon as poffible.

Art. 18. If any ship belonging to either of the parties, their people, or fubjects, thall within the coafts or dominions of the other, ftick upon the fands, or be wrecked or fuffer any other da mage, all friendly affiftance and relief thall be given to the perfons fhipwrecked, or fuch as fhall be in danger thereof. And letters of fafe conduct fhall likewife be given to them for their free

and

and quiet paffage from thence, and the return of every one to his own country.

Art. 19. In cafe the fubjects and inhabitants of either party; with their fhipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates før enemies, or any other urgent neceffity, for seeking of fhelter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they fhall be received and treated with all humanity and kindnefs, and enjoy all friendly protection and help; and they fhall be permitted to refresh and provide themselves at reasonable rates with victuals, and all things needful for the fuftenance of their perfons, or reparation of their hips, and conveniency of their voyage, and they shall no ways be detained or hindered from returning out of the faid ports or roads, but may remove and départ when and whither they please, without any let or hindrance.

Art. 20. For the better promoting of commerce on both fides, it is agreed, that if a war should break out between the faid two nations, fix months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for felling and tranfporting their goods and merchandizes; and if any thing be taken from them, or any injury be done them within that term, by either party, or the people or fubjects of either, full fatisfaction fhall be made for the fame.

Art. 21. No subject of the most chriftian king fhall apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the faid united states or any of them, or against the fubjects, people, or inhabitants of the faid united ftates or any of them, or against the property of any of the inhabitants of any of them from any prince or ftate with which the united states fhall be at war; nor fhall any citizen, subject, or inhabitant of the faid united states or any of them, apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the subjects of the moft chriftian king, or any of them, or the property of any of the inhabitants of any of them from any prince or ftate with which the united states fhall be at war; nor fhall any citizen, fubject, or inhabitant of the said united ftates or any of them, apply for or take any commiffion or letters of marque for arming any fhip or fhips to act as privateers against the fubjects of the most chriftian king, or any of them, or the property of any of them, from any prince or ftate with which the faid king fhall be at war; and if any perfon of either nation fhall take fuch commiffion or letters of marque, he fhall be punished as a pirates

Art. 22. It fhall not be lawful for any foreign privateers, not belonging to the fubjects of the moft chriftian king, nor citizens of the faid united states, who have commiffion from any other prince or state at enmity with either nation, to fit their fhips in the ports of either the one or the other of the aforefaid

parties, to fell what they have taken, or in any other manner whatfoever to exchange their fhips, merchandizes or any other lading; neither fhall they be allowed even to purchase victuals, except fuch as fhall be neceffary for their going to the next port of that prince or ftate from which they have commiffions.

Art. 23. It fhall be lawful for all and fingular the fubjects of the most chriftian king, and the citizens, people and inhabitants of the faid united states, to fail with their fhips with all manner of liberty and fecurity, no diftinction being made who are the proprietors of the merchandize laden thereon, from any port to the places of those who now are or hereafter fhall be at enmity with the most chriftian king or the united states. It shall likewife be lawful for the subjects and inhabitants aforefaid, to fail with the ships, and merchandizes aforementioned, and to trade with the fame liberty and fecurity from the places, ports, and havens of those who are enemies of both or either party, without any oppofition or difturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but alfo from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurifdiction of the fame prince or under several. And it is hereby ftipulated, that free: fhips fhall alfo have a freedom to goods, and that every thing fhall be deemed free and exempt which fhall be found on board the fhips belonging to the subjects of either of the confederates, although the whole lading or any part thereof fhould appertain to the enemies of either, contraband goods being always excepted. It is alfo agreed in like manner, that the fame liberty be extended to perfons who are on board a free fhip, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are foldiers and in actual service of

the enemies.

Art. 24. This liberty of navigation and commerce fhall extend to all kinds of merchandizes, except thofe only which are diftinguished by the name of contraband; and under this name of contraband or prohibited goods fhall be comprehended arms, great guns, bombs with their fufes and other things belonging to them, cannon ball, gun-powder, match pikes, fwords, lances, fpears, halberds, mortars, petards, grenadoes, faltpetre, mufkets, mufketball, bucklers, helmets, breaft-plates, coats of mail, and the like kinds of arms proper for arming foldiers, mufket refts, belts, horfes with their furniture, and all other warlike inftruments whatever. These merchandizes which follow fhall not be reckoned among contraband or prohibited goods; that is to fay, all forts of clothes, and all other manufactures woven of any wool, fax, filk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the fpecies whereof they are used to be made, gold and filver, as well coined as ancoined, tin, iron, latten, copper, brafs, coals; as also wheat and barley, and any

other kind of corn or pulfe, tobacco, and likewife all manner of fpices, falted and fmoaked flesh, falted fish, cheese and butter, beer, oils, wines, fugars, and all forts of falts, and in general all provi fions which ferve for the nourishment of mankind and the fuftenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail-cloth, anchors, and any parts of anchors, alfo fhips mafts, planks, boards and beams of what trees foever, and all other things proper either for building or repairing fhips, and all other goods whatever which have not been worked into the form of any inftrument or thing prepared for war by land or fea, fhall not be reputed contraband, much lefs fuch as have been already wrought up for any other ufe; all of which fhall be wholly reckoned among free goods; as likewife all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, fo that they may be tranfported and carried in the freeft manner by the fubjects of both confederates even to places belonging to an enemy, fuch towns or places being only excepted as are at that time befieged, blocked up or invested.

Art. 25. To the end that all manner of diffentions and quarrels may be avoided and prevented on one fide and the other, it is agreed, that in case either of the parties hereto fhould be engaged in war, the fhips and veffels belonging to the fubjects or people of the other ally must be furnished with fea letters or paffports, expreffing the name, property and bulk of the fhip, as alfo the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the fhip really and truly belongs to the fubjects of one of the parties, which paffport fhall be made out and granted according to the form annexed to this treaty; they fhall likewife be recalled every year, that is, if the fhip happens to return home within the space of a year: it is likewise agreed, that fuch fhips being laden are to be provided, not only with paffports as above mentioned, but alfo with certificates, containing the feveral particulars of the cargo, the place whence the ship failed, and whither fhe is bound, that fo it may be known whether any forbidden or contraband goods be on board of the fame, which certificates fhall be made out by the officers of the place whence the ship fet fail, in the accustomed form; and if any one fhall think it fit or advifeable to exprefs in the faid certificates the perfon to whom the goods on board belong, he may freely do fo.

Art. 26. The fhips of the subjects and inhabitants of either of the parties coming upon any coaft belonging to either of the faid allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prefcribed or to be prefcribed relative to the object in question.

Art. 27. If the fhips of the faid fubjects, people or inhabitants

of

of either of the parties fhall be met with, either failing along the coafts or on the high feas, by any ship of war of the other, or by any privateers, the faid fhips of war or privateers, for the avoiding of any diforder, fhall remain out of cannon fhot, and may fend their boats on board the merchant fhip which they shall so meet with, and may enter her to the number of two or three men only, to whom the mafter or commander of fuch fhip or veffel fhall exhibit his paffport concerning the property of the ship, made out according to the form inferted in this prefent treaty; and the fhip, when the shall have fhewed such paffport, fhall be free and at liberty to pursue her voyage, fo as it fhall not be lawful to moleft or search in any manner, or to give her chafe, or to force her to quit her intended course.

Art. 28. It is alfo agreed, that all goods, when once put on board the fhips or veffels of either of the two contracting parties, fhall be fubject to no further vifitation, but all vifitation or fearch fhall be made before hand, and all prohibited goods fhall be ftopped on the spot before the fame be put on board, unless there are manifeft tokens or proofs of fraudulent practice; nor fhall either the perfons or goods of the fubjects of his moft chriftian majesty, or the united states, be put under any arreft or molested by any other kind of embargo for that cause, and only the fubject of that state to whom the faid goods have been or fhall be prohibited, and who fhall prefume to fell or alienate fuch fort of goods, fhall be duly punished for the offence.

Art. 29. The two contracting parties grant mutually the liberty of having each in the ports of the other, confuls, vice-confuls, agents and commiffaries, whofe functions fhall be regulated by a particular agreement.

Art. 30. And the more to favour and facilitate the commerce which the fubjects of the united states may have with France, the moft chriftian king will grant them in Europe one or more free ports, where they may bring and difpofe of all the produce and merchandize of the thirteen united states; and his majefty will also continue to the subjects of the faid ftates, the free ports which have been and are open in the French islands of America, of ail which free ports the faid fubjects of the united states shall enjoy the use, agreeable to the regulations which relate to them.

Art. 31. The prefent treaty fhall be ratified on both fides, and the ratifications fhall be exchanged in the space of fix months, or fooner, if poffible.

IN FAITH WHEREOF the refpective plenipotentiaries have figned the above articles both in the French and English languages; declaring, nevertheless, that the prefent treaty was originally compofed and concluded in the French language, and they have thereto affixed their feals.