subjects shall be forbidden to do any injury or damage to those of the other party, & if they act to the contrary, having been found guilty on examination by their proper judges they shall be bound to make satisfaction for all damages & the interest thereof & to make them good under pain & obligation of their persons and goods. ART. 16. For this cause, every individual who is desirous of fitting out a privateer shall before he receives letters patent, or special commission be obliged to give bond with sufficient sureties, before a competent judge, for a sufficient sum, to answer all damages & wrongs which the owner of the privateer his officers or others in his employ may commit during the cruise, contrary to the tenor of this treaty and contrary to the edicts published by either party, whether by the King of Sweden or by the United States in virtue of this same treaty and also under the penalty of having the said letters patent & special commission revoked and made void. ART. 17. One of the contracting parties being at war & the other remaining neuter if it should happen that a merchant-ship of the neutral power be taken by the enemy of the other party and be afterwards retaken by a ship of war or privateer of the power at war, also ships & merchandizes of what nature soever they may be when recovered from a pirate or sea rover shall be brought into a port of one of the two powers & shall be committed to the custody of the officers of the said port, that they may be restored entire to the true proprietor as soon as he shall have produced full proof of the property Merchants, masters & owners of ships, seamen, people of all sorts, ships & vessels & in general all merchandizes & effects of one of the allies or their subjects shall not be subject to any embargo nor detained in any of the countries, territories, islands, cities, towns, ports, rivers or domains whatever, of the other ally, on account of any military expedition or any public or private purpose whatever, by seizure, by force, or by any such manner much less shall it be lawful for the subjects of one of the parties to seize or take anything by force from the subjects of the other party without the consent of the owner. This however is not to be understood to comprehend seizures, detentions and arrests made by order and by the authority of justice & according to the ordinary course for debts or faults of the subject for which process shall be had in the way of right according to the forms of Justice. ART 18. If it should happen that the two contracting parties should be engaged in a war at the same time with a common enemy, the following points shall be observed on both sides 1. If the ships of one of the two nations retaken by the privateers of the other have not been in the power of the enemy more than 24 hours, they shall be restored to the original owner on payment of onethird of the value of the ship and cargo. If on the contrary the vessel retaken has been more than 24 hours in the power of the enemy, it shall belong wholly to him who has retaken it. 2. In case, during the interval of 24 hours, a vessel be retaken by a man of war of either of the two parties, it shall be restored to the original owner on payment of a thirtieth part of the value of the vessel and cargo, and a tenth part of it if it has been retaken after the 24 hours, which sums shall be distributed as a gratification among the crew of the men of war that shall have made the recapture. 3 The prizes made in manner above mentioned shall be restored to the owners after proof made of the property, upon giving security for the part coming to him who has recovered the vessel from the hands of the enemy. 4. The men of war and privateers of the two nations shall reciprocally be admitted with their prizes into each others ports; but the prizes shall not be unloaded or sold there until the legality of a prize made by Swedish ships shall have been determined according to the laws & regulations established in Sweden as also that of the prizes made by American vessels shall have been determined according to the laws & regulations established by the United States of America. 5 Moreover, the King of Sweden and the United States of America shall be at liberty to make such regulations as they shall judge necessary respecting the conduct which their men of war & privateers respectively shall be bound to observe with regard to vessels which they shall take and carry into the ports of the two Powers. ART 19. The ships of war of his Swedish Majesty and those of the United States, and also those which their subjects shall have armed for war may with all freedom conduct the prizes which they shall have made from their enemies into the ports which are open in time of war to other friendly nations, and the said prizes upon entering the said ports shall not be subject to arrest or seizure nor shall the officers of the places take cognizance of the validity of the said prizes which may depart and be conducted freely & with all liberty to the places pointed out in their commissions, which the captains of the said vessels shall be obliged to shew. [Obsolete.] ART 20. ART. 21. When the subjects and inhabitants of the two parties with their vessels whether they be public and equipped for war or private or employed in commerce shall be forced by tempest, by pursuit of privateers and of enemies or by any other urgent necessity, to retire and enter any of the rivers, bays, roads or ports of either of the two parties, they shall be received and treated with all humanity & politeness and they shall enjoy all friendship protection & assistance, and they shall be at liberty to supply themselves with refreshments, provisions & everything necessary for their sustenance, for the repair of their vessels and for continuing their voyage, provided allways that they pay a reasonable price; and they shall not in any manner be detained or hindered from sailing out of the said ports or roads but they may retire and depart when and as they please without any obstacle or hindrance ART 22 In order to favour Commerce on both sides as much as possible, it is agreed that in case a war should break out between the said two nations which God forbid, the term of nine months after the declaration of war shall be allowed to the merchants and subjects respectively on one side and the other, in order that they may withdraw with their effects and moveables, which they shall be at liberty to carry off or to sell where they please without the least obstacle; nor shall any seize their effects & much less their persons during the said nine months, but on the contrary passports which shall be valid for a time necessary for their return shall be given them for their vessels and the effects which they shall be willing to carry with them. And if anything is taken from them or if any injury is done to them by one of the parties their people & subjects during the term above prescribed, full and entire satisfaction shall be made to them on that account. The above mentioned passports shall also serve as a safe conduct against all insults or prizes which privateers may attempt against their persons and effects ART. 23. No subject of the King of Sweden shall take a commission or letters of marque for arming any vessel to act as a privateer against the United States of America or any of them or against the subjects people or inhabitants of the said United States or any of them, or against the property of the inhabitants of the said States from any Prince or state whatever with whom the said United States shall be at war. Nor shall any citizen subject or inhabitant of the said United States or any of them apply for or take any commission or letters of marque for arming any vessel to cruize against the subjects of his Swedish Majesty or any of them or their property from any Prince or State whatever with whom his said Majesty shall be at war. And if any person of either nation shall take such commissions or letters of marque he shall be punished as a pirate. [Obsolete.] ART. 24. ART. 25 When a vessel belonging to the subjects & inhabitants of either of the parties sailing on the high sea shall be met by a ship of war or privateer of the other, the said ship of war or privateer, to avoid all disorder shall remain out of cannon shot, but may always send their boat to the merchant ship, and cause two or three men to go on board of her, to whom the master or commander of the said vessel shall exhibit his passport stating the property of the vessel and when the said vessel shall have exhibited her passport, she shall be at liberty to continue her voyage and it shall not be lawful to molest or search her in any manner, or to give her chase or force her to quit her intended course. ART 26 [Obsolete.] ART 27. The present treaty shall be ratified on both sides and the ratifications shall be exchanged in the space of eight months, or sooner if possible, counting from the day of the signature In faith whereof the respective plenipotentiaries have signed the above articles, and have thereto affixed their seals. Done at Paris the third of April in the year of our Lord one thousand seven hundred and eighty three. B FRANKLIN. [SEAL.] GUSTAV PHILIP COMTE DE CREUTZ [SEAL.] SEPARATE ARTICLE. (Reprinted to show duration.) The King of Sweden and the United States of North America agree that the present treaty shall have its full effect for the space of fifteen years, counting from the day of the ratification and the two contracting parties reserve to themselves the liberty of renewing it at the end of that term. Done at Paris the third day of April, in the year of our Lord one thousand seven hundred & eighty three. B. FRANKLIN. [SEAL.] GUSTAV PHILIP COMTE DE CREUTZ. [SEAL.] SEPARATE ARTICLES. ART 1. His Swedish Majesty shall use all the means in his power to protect & defend the vessels and effects belonging to citizens or inhabitants of the United States of North America and every of them, which shall be in the ports, havens roads or on the seas near the countries, islands cities and towns of His said Majesty, and shall use his utmost endeavours to recover and restore to the right owners all such vessels and effects which shall be taken from them within his jurisdiction ART 2. In like manner the United States of North America shall protect & defend the vessels and effects belonging to the subjects of His Swedish Majesty, which shall be in the ports, havens, or roads or on the seas near to the countries, islands cities and towns of the said States and shall use their utmost efforts to recover and restore to the right owners all such vessels and effects which shall be taken from them within their jurisdiction. 7468-39 ART. 3. [Obsolete.] ART. 4. It is agreed and concluded that all merchants, captains of merchantships or other subjects of His Swedish Majesty, shall have full liberty in all places under the dominion or jurisdiction of the United States of America to manage their own affairs and to employ in the management of them whomsoever they please; and they shall not be obliged to make use of any interpreter or broker nor to pay them any reward unless they make use of them. Moreover the masters of ships shall not be obliged, in loading or unloading their vessels to employ labourers appointed by public authority for that purpose; but they shall be at full liberty themselves to load or unload their vessels or to employ in loading or unloading them whomsoever they think proper without paying reward under the title of salary to any other person whatever And they shall not be obliged to turn over any kind of merchandizes to other vessels nor to receive them on board their own nor to wait for their lading longer than they please, and all and every of the citizens people and inhabitants of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all places under the jurisdiction of the said realm. ART 5 It is agreed that when merchandizes shall have been put on board the ships or vessels of either of the contracting parties they shall not be subjected to any examination; but all examination and search must be before lading and the prohibited merchandizes must be stopped on the spot before they are embarked, unless there is full evidence or proof of fraudulent practice on the part of the owner of the ship or of him who has the command of her In which case only he shall be responsible and subject to the laws of the country in which he may be. In all other cases neither the subjects of either of the contracting parties who shall be with their vessels in the ports of the other, nor their merchandizes shall be seized or molested on account of contraband goods which they shall have wanted to take on board, nor shall any kind of embargo be laid on their ships, subjects or citizens of the State, whose merchandizes are declared contraband or the exportation of which is forbidden, those only who shall have sold or intended to sell or alienate, such merchandize being liable to punishment for such contravention Done at Paris the third day of April in the year of our Lord one thousand seven hundred and eighty-three. B. FRANKLIN. [SEAL.] GUSTAV PHILIP COMTE DE CREUTZ. [SEAL.] |