and dominions of each party, respectively, shall abstain and forbear to fish in all places, possessed, or which shall be possessed by the other party. The most christian king's subjects shall not fish in the havens, bays, creeks, roads, coasts or places which the said United States hold, or shall hereafter hold; and in like manner, the subjects, people and inhabitants of the said United States shall not fish in the havens, bays, creeks, roads, coasts or places which the most christian king possesses, or shall hereafter possess. And if any ship or vessel shall be found fishing, contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated.

or

ARTICLE XI.

If in any war the most christian king shall conquer,

get possession of, the islands in the West Indies, now under the jurisdiction of the king or crown of Great Britain, or any of them, or any dominions of the said king or crown, in any other parts of the world, the subjects, people and inhabitants of the said United States, and every of them, shall enjoy the same rights, liberties, privileges, immunities and exemptions, in trade, commerce and navigation, to and from the said islands and dominions, that are mentioned in the second article of this treaty.

ARTICLE XII.

It is the true intent and meaning of this treaty, that no higher or other duties shall be imposed on the ex

portation of any thing of the growth, production or manufacture of the islands in the West Indies, now belonging, or which may hereafter belong to the most christian king, to the said United States, or any of them, than the lowest that are or shall be imposed on the exportation thereof to France, or to any other part of the world.

ARTICLE XIII.

It is agreed by and between the said parties, that no duties whatever shall ever hereafter be imposed on the exportation of molasses from any of the islands and dominions of the most christian king in the West Indies, to any of these United States.

ARTICLE XIV.

The subjects, people and inhabitants of the United States, or any of them, being merchants and residing in France, and their property and effects of every kind, shall be exempt from the Droit d'Aubaine.

ARTICLE XV.

The merchant ship of either of the parties which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit as well upon the high seas, as in the ports and havens, not only her passports, but likewise certificates, ex

pressly showing, that her goods are not of the number of those which have been prohibited as contraband.

ARTICLE XVI.

If, by exhibiting the above certificates, the other party discover there are any of those sorts of goods, which are prohibited and declared contraband, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such ship belong to the subjects of France or the inhabitants of the said United States, unless the lading be brought on shore, in the presence of the officers of the court of admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the courts of admiralty shall, by a sentence pronounced, have confiscated the same; saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being, as it were, infected by the prohibited goods, much less shall they be confiscated as lawful prize. But, if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has dis

covered them; in such case the captor, having received those goods, shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound.

ARTICLE XVII.

On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemy of the other, or to his subjects, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, except such goods and merchandise as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without the knowledge of such declaration, so that the goods of the subjects or people of either party, whether they be of the nature of such as are prohibited, or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of it, without the knowledge of it, shall no wise be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy.

ARTICLE XVIII.

And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other party, all the commanders of the ships of the most christian king, and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side; and if they act to the contrary, they shall be punished; and shall moreover, be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the penalty and obligation of their persons and goods.

ARTICLE XIX.

All ships and merchandises of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be restored entire, to the true proprietor, as soon as due and sufficient proof shall be made concerning the property

thereof.

ARTICLE XX.

It shall be lawful for the ships of war of either party, and privateers, freely to carry, whithersoever they please, the ships and goods taken from their enemies,