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miles from the shore belonging to the said neutral power on the American seas.
Provided, that the said stipulations 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 maritime 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 not 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 three 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; and the several provisions stipulated by this article shall have full force and effect only during the continuance of the present treaty.
Art. xi. 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, 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 dainages 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 responsible 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 two thousand pounds sterling; or if such ship be provided with above one hundred and fifty seamen, or soldiers, in the sum of four thousand pounds 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 cruise, 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 to 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. xiv. 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 punishment all such inhabitants as shall be guilty of such acts or offences.
And all their ships, with the goods or merchandises ta." ken by them and brought into the port 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 doly 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. xv. 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 YOL. VI.
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 arm. ing 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 letters of marque, as a pirate.
ART. xvi. It is expressly stipulated, that neither of the said contracting parties will order or authorize any acts of reprisal 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. xvii. 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. 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 contract. ing 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 neces. saries as she may stand in need of, conformably to such orders and regulations as the government of the place, hav. ing 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 bona fide necessary to her being refitted ; nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.
ART. xvii. It shall not be lawful for anyafureign privateers (not being subjects or citizens of either of the said parties) who have comunissions from any power or state
- 363 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. XIX. 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 offices 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 ihe 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 places 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 wea.. ther 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 publick 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.
Neither of the said parties shall permit 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 article 12, so long as the provisions of the said article shall be in force, by ships of war, or others having commissions from any prince, republick, or state whatever : but in case it should so happen, the
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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. ,
Art. xx. 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 twelve months, from the publication of the order, shall be allowed them for that purpose, to remove 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. xxi. It is further agreed that his majesty and the United States, on mutual requisitions by them respectively, or by their respective ministers, or officers authorized 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 asy: lum within any of the countries of the other; provided, that this shall only be done on such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify biş apprehension and commitment for trial, if the offence had there been committed. The expense of such apprebension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive.