ed and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salt, and in general all provisions which serve for the nourishment of mankind, and the sustenance of life. Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, `cables, sails, sail cloth, anchors and any parts of anchors, also ships' masts, planks, boards and beams, of what tree soever, and all other things, proper either for building or repairing ships, and all other goods whatsoever, which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free goods; as likewise all other merchandises and things which are not comprehended, and particularly mentioned, in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner, by the subjects of both confederates, even to places belonging to an enemy, such towns and places being only excepted as are at that time besieged, blocked up, or invested.

ARTICLE XXVIII.

To the end that all manner of dissentions and quarrels may be avoided and prevented, on one side and the other, it is agreed, that in case either of the parties hereto should be engaged in a war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with sea letters or passports, expressing the name, property, and bulk of the

ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby, that the ship really and truly belongs to the subjects of one of the parties; which passports shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year; that is, if the ship happens to return. home within the space of a year. It is likewise agreed that such ships, being laden, are to be provided not only with passports, as abovementioned, but also with certificates containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates the persons to whom the goods on board belong, he may freely do it.

ARTICLE XXIX.

The ships of the subjects and inhabitants of either of the parties, coming upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected, upon some manifest tokens, of carrying to the enemy of the other ally any prohibited goods called contraband; and in case of such ma

nifest suspicion, the parties shall be obliged to exhibit, in the ports, their passports and certificates in the manner before specified.

ARTICLE XXX.

If the ships of the said subjects, people or inhabitants of either of the parties, shall be met with, either sailing along the coast, or on the high seas, by any ship of war of the other, or by any privateers, the said ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, or to give her chace or force her to quit her intended course. It is also agreed, that all goods, when once put on board the ships or vessels of either parties, shall be subject to no further visitation ; but all visitation or search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective states; nor shall either the persons or goods of the subjects of his most christian majesty or the United States, be put under any arrest, or molested by any other kind of embargo for that cause;

and only the subject of that state to whom the said goods have been or shall be prohibited, and shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.

The form of the sea letters and passports to be given to ships and vessels according to the 28th article.

To all who shall see these presents, Greeting.

It is hereby made known that leave and permission has been given to

master and com

of the

tons, or thereabouts, lying at present in the port and

haven of

and laden with

and hound for

after that his ship has been visited, and before sailing, he shall make oath, before the officers who have the jurisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of the act whereof shall be put at the end of these presents; as likewise that he will keep and cause to be kept, by his crew on board, the marine ordinances and regulations, and enter in the proper office a list signed and witnessed of the crew of his ship, and of all who shall embark on board her, whom he shall not take on board without the knowledge and permission of the officers of the marine; and in every port and haven, where he shall enter with his ship, he shall show this present leave to the officers and judges of the marine, and shall give a faithful account to them, of what passed and was done

during his voyage; and he shall carry the colours, arms, and ensigns of

voyage.

during his

In witness whereof we have signed these presents, and put the seal of our arms thereunto, and caused the same to be countersigned by

named in the above passport, hath taken the oath

mentioned therein.

Done at

the

day of

A. D.

The form of the certificate to be required of, and to be given by, the magistrates or officers of the customs of the town and port, in their respective towns and ports, to the ships and vessels which sail from thence, according to the directions of the 28th article of this present treaty.

by a solemn oath, that the ship or vessel called

of about

tons, whereof