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most christian king's subjects shall not fish in the havens, bays, creek, roads, coasts, or places which the said United States hold or shall hereafter hold. And if any ship or vessel shall be round fishing, contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated."

ARTICLE XI.—(If France gets possession of the British West India Islands, the people of the United States shall have the same rights there as are mentioned in Article II.)—“ If in any war the most christian king shall conquer, or 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, all 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.-(No higher duties shall be imposed on exports from French West Indies, etc., to the United States than the lowest imposed on export to France.)-"It is the true intent and meaning of this treaty, that no higher or other duties shall be imposed on the exportation of anything 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 thereto to France, or to any other part of the world.

ARTICLE XIII.-(No duties shall ever be imposed on the export of molasses from the French West Indies to the United States.) "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.-(Droit d'Aubaine.)-"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.-(Merchant ships to exhibit passports and certificates.)—" 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, expressly showing, that her goods are not of the number of those which have been prohibited as contraband."

ARTICLE XVI.-(Procedure in the case of contraband goods; free ships, free goods; ships may deliver contraband, and proceed.)" 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 discovered 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.-(Neutral goods on board ships of the enemy subject to confiscation.)-"On the contrary, it is agreed that whatever shall be found 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.—(Ships of war and privateers of one not to injure citizens of the other.)—" 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.-(Property recaptured from pirates to be restored.)—“ 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.-(Prizes of either may be carried into the ports of the other; but no shelter shall be given by either to prizes from the other.)-" 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, without being obliged to pay any duty to the officers of the admiralty, or any other judges; nor shall such prizes be arrested or seized, when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes; but they may hoist sail at any time, and depart, and carry their prizes to the place expressed in their commissions, which the commanders of such ships of war shall be obliged to show. On the contrary, no shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people or property of either of the parties; but if such should come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used that they go out, and retire from thence as soon as possible."

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ARTICLE XXI.-(Wrecked vessels to be protected and assisted.) —“ If any ships belonging to either of the parties, their subjects, or people, shall within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to his own country."

ARTICLE XXII.-(Vessels of either forced by stress of weather or by pursuit of pirates or enemies, into ports of the other, to be protected.)—“ In case the subjects and people of either party, with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking of shelter and harbor, to retreat and enter into any of the rivers, creeks, bays, havens, roads, ports, or shores, belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful, for the sustenance of their persons, or reparation of their ships, and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports, or roads, but may remove and

depart, when and whither they please, without let or hindrance."

ARTICLE XXIII.-(In the event of war between the two nations, six months to be allowed to merchants for removal.)—" For the better promoting of commerce on both sides, it is agreed, that if a war shall break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns were they live, for settling and transporting their goods and merchandises; and if anything be taken from them, or any injury be done them, within that time, by either party, or the people or subjects of either, full satisfaction shall be made for the same."

ARTICLE XXIV.-(Citizens of one of the parties not to accept commissions or letters of marque from the enemies of the other.)-"No subjects of the most christian king shall apply for or take any commission, or letters of marque for arming any ship, or ships, to act as privateers against the said United States, 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 any of them, from any prince or state with which 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 ship or ships to act as privateers against the subjects of the most christian king, or any of them, or the property of any of them, from any prince or state with which the said king 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."

ARTICLE XXV.-(Privateers of a state at war with one of the parties shall not fit out vessels in the ports of the other, or sell what they have taken.)—"It shall not be lawful for any foreign privateer, not belonging to the subjects of the most christian king, or citizens of the said United States, who have commissions from any other prince, or state, in enmity with either nation, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange either ships, merchandises, or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be

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