pofe, and employ their good offices in favour of the faid American States, their fubjects and inhabitants, with the Emperor of Morocco, the Regencies of Algiers, Tunis, and Tripoli, and all along the coast of Barbary and Africa, and with the fubjects of the faid powers, that the fhips, &c. of the faid American States, be as much as poffible, and to the best advantage, protected against the violences, infults, depredations, &c. of the abovefaid princes and fubjects on the coaft of Barbary and Africa. XI. It shall be permitted and granted to each and every fubject and inhabitant of the contracting powers, to leave, bequeath, or difpofe of, in café of ficknefs, or at their death, all effects, goods, merchandifes, ready money, &c. being their property, at or before their decease, in any town, ifland, &c. belonging to the refpective contracting powers, in favour of fuch perfon or perfons, as they may think proper. Moreover, whether the faid fubjects fhould die after having made fuch wills, or inteftate, their lawful heirs, executors, or adminiftrators, dwelling in any part of the poffeffions, of the contracting powers, or aliens coming from other countries, fhall be at liberty, without hindrance or delay, to claim, and take poffeffion of, all fuch goods and effects, conformably to the refpective laws of each country. Nor fhall their right be difputed, under pretence of any prerogative, peculiar to any feparate province, or perfon whatfoever. Provided, nevertheless, that the claim to the effects of a perfon who died inteftate, be fupported by fuch proofs as the laws of either of the contracting powers have provided in fuch cafes; all laws, itatutes, edicts, droits d'Aubaine, &c. to the contrary notwithftanding. XII. The effects and property of the fubjects of either of the contracting powers, dying in any town, ifland, &c. belonging to the other, fhall be fequeftered for the ufe of the lawful heirs and fucceffors of the deceased. The council, or public minifter of the nation, to which the perfon thus dying belonged, fhall take an inventory of all fuch goods, effects, papers, writings, and books of accounts of the deceased. The faid inventory to be delivered into the hands of three merchants of known and approved integrity, who thall be nominated for the purpose of acting as truflees to the heirs, executors, &c. or creditors of the deceafed: nor fhall any court of judicature interfere, unless the faid heirs, &c. fhould require it in the due courfe of law. XIII. The refpe&ive subjects of the contracting parties, fhall be at liberty to choofe for themselves advocates, attornies, notaries, folicitors, and agents;, to this end, that fuch advocates, &c. fhall, by the judges of the courts aforefaid, be called in, if the faid judges fhould, by the parties, be required fo to do. XIV. The merchants, commanders, or owners of fhips, failors of every denomination, hips or veffels, effects, and goods in general, belonging to either party or any of its fubjects or inhabitants, fhall, at no time, for any private or public purpose, by vir tue of any edict whatfoever, be [Z] 4 taken, taken, or detained in the countries, ports, iflands, &c. belonging to either of the contracting parties, to be employed in the fervice, to forward military expeditions, or any other purpofe; and much less for the private ufe of any one, by violence, or other means made ufe of to moleft or infult the faid fubjects. It is farther strictly forbidden to the faid fubjects, on both fides, not to take away, violently, the property of each other; but, the confent of the proprietor once obtained, they fhall be at liberty to purchase, paying ready money for the fame. This article, however, is not to be understood as extending to fuch cafes, where the feizure fhall be made, or the embargo laid by the authority of the legislative power for debts incurred, or crimes committed, which fhall be tried by the due course of law. XV. It is farther provided and agreed, that all merchants, commanders of fhips, and other fubjects belonging to their High Mightineffes the States of the Seven United Provinces, fhall regulate their private affairs by themselves, or by fuch agents as they may chufe, in all and every place within the jurifdiction of the United States of America; nor fhall they be compelled to employ, or pay any interpreter or broker, but fuch as they think fit to appoint. Moreover, in the lading, or unlading of ships, the mafters fhall not be obliged to employ perfons appointed for that purpofe, by public authority; but hall be at full liberty to do it themselves, or call in the affistance of any one they shall chufe, without being liable to pay any fee or retribution to any body elfe. Nel ther fhall they be compelled to land any particular merchandize, to put them on board other fhips, to take others on board their own, without their free confent; or to remain laden longer than they fhall think proper, The fubjects and inhabitants of the United States of America, fhall fully enjoy the fame privileges in all the dominions of the States of Holland. XVI. In cafe any difpute or controverfy fhould arife between the mafter of a ship and his crew, belonging to one of the two nations, and then in any port within the dominions of the other, concerning the payment of wages, or any other matter to be determined by the civil law, the magiftrate of fuch port, or place, hall only require the defendant to deliver to the plaintiff, a declaration under his hand, and witneffed by the faid magiftrate; by which the faid defendant fhall bind himself to appear, and anfwer the complaint laid against him, before a competent judge in his own country. This being done, the faid crew fhall not be permitted to leave the ship, or prevent the mafter from following his courfe. The merchants of either nation fhall be authorised to keep their books in what language and manner they may think beft, without the leaft hindrance or moleftation. But, in cafe it fhould be neceffary, in order to fettle a point of law, for them to produce their books, they fhall bring them into court for examination; in fuch a manner, however, that neither the judge, nor any one else, whatsoever, fhall be permitted to perufe perufe any article in the faid books, but fuch as may be abfolutely neceffary to afcertain the authenticity and regularity of the faid books. Nor hall any one, under any pretence whatever, prefume to force the faid books and writings from the owners, or detain them cafes of bankruptcy alone excepted. XVII. The ships of either nation, bound to the refpective ports, fhall, upon a juft caufe of being fufpected, either in regard to their deftination or their cargoes, be obliged to produce, either at fea, in the roads, or ports, not only their paffports, but alfo certificates, witneffing that the goods they have on board are not prohibited by the refpective laws, XVIII. If, upon fuch certificates being produced, the examining party should difcover that fome of the goods mentioned in the bills of lading are prohibited by this treaty, or bound to fome port belonging to the enemy; in fuch case it shall not be lawful to break into any part of the fhip, or force any trunk, boxes, barrels, &c. nor even to difplace any part of the cargoes (whether fuch fhip belongs to Holland or America) to come at the faid goods, which are not in any ways to be fearched until they are landed in prefence of fome officers of the Admiralty court, who shall enter a verbal procefs about them. Nor fhall it be permitted to fell, exchange, or adulterate the faid goods in any wife, till the law all have taken its courfe, and the matter be determined by the fentence of the refpective Admiralty-courts, pronouncing them feizable; the hip and other parts of the cargo not prohibited by the treaty, shall not be detained, under the pretence of part of the lading being condemned, and much lefs confifcated as lawful prizes. But, in cafe part of the cargo fhould confift of the faid prohi bited goods, and the mafter of the fhip fhall confent to deliver them up immediately, then the captor, having taken out of the faid fhip the prohibited goods, fhall permit the mafter to continue his courfe to the place of his deftination yet, if all the prohibited goods could not be taken on board the captor, the latter fhall, notwithftanding the mafter's free tender of the faid goods, bring the former into the nearest port, where it fhall be produced in manner aforefaid. XIX. It is agreed on the contrary, that all effects, &c. of any fubject of either ftate, found on any fhip taken from an enemy, fuch effects, &c, though they be not prohibited by any article of this treaty, shall be confidered as lawful prize, and be difpofed of as if they belonged to the enemy: (except only in cafe the war fhould not have been proclaimed, or not come to the knowledge of the proprietors of the faid effects, &c.) which, in fuch cafes only, fhall not be liable to be confifcated, but be immediately returned to the owners without any delay, upon their making good their claim; provided, nevertheless, that the faid goods are not of the kind which are prohibited; nor will it be lawful to fhip them afterwards, for any of the enemy's ports: the two contracting parties agreeing, moreover, that fix months, from the date of a decla ration of war, will be confidered the commanders of fuch fhips, as a fufficient notice to the fubjects of either State, whatever quarter of the world they may come from. XX. In order to provide farther for the fafety of the fubjects on both fides, that neither of the parties may be annoyed by the armed fhips or privateers belonging to the other, during the courfe of a war, particular injunctions fhall be laid upon the commanders of fhips and privateers, &c. &c. to the refpective fubjects of the contracting powers, not to vex or offer any moleftation to any one of them; and, in cafe of failure herein, the offending party fhall be punished, and compelled to make good the damage, their perfons and fortunes anfwering for the fame. XXI. All ships and effects retaken from privateers or pirates, fhall be carried into fome of the ports belonging to either State, and returned to the owners, upon their giving fatisfactory proofs of their right to the faid recap tures. XXII. It fhall be lawful for all commanders of fhips of war, privateers, &c. to carry off freely all hips and effects taken from the enemy, without being fubject to pay any duty or duties to the Admiralty or other courts; nor fhali fuch prizes be liable to be detained or feized upon in any of the ports of the refpective States: the fearching officers fhall not be permitted to vifit or fearch the faid prizes the captors whereof will be at liberty to put back to fea, and convoy the prizes wherever they are directed to be carried; as specified in the orders given to privateers, &c. which they fhall be obliged to produce. But all the ports of both States fhall be fhut against all prizes made on the fubjects of either: and in cafe fuch prizes and captors fhould be driven to fome of the faid ports, by ftrefs of weather, every means fhall be employed to haften their departure. XXIII. In cafe any fhips, boats, &c. fhould be wrecked or otherwife damaged on the coafts of either of the contracting States, all aid and affiftance shall be given to the diftreffed crews, to whom paffes and free conduct shall be granted for their return into their own country. XXIV. If a fhip or fhips, either of war, or employed for the purpofe of trading, by one of the States, fhould, by ftrefs of weather, imminent danger from pirates, enemies, &c. be compelled to take shelter in any ports, rivers, bays, &c. belonging to the other, they fhall be treated with all humanity, friendship, and moft cordial protection. Leave shall be granted them to take in provifions and refreshments at a reasonable rate, and to purchafe whatever they may stand in need of, either for themselves or for the purpose of repairing the damage they may have fuffered, and alfo for the continuation of their voyage. No obftacle whatever shall be laid in their way to ftop or detain them in any of the faid ports, &c. whence they fhall be at liber. ty to fail,, whenever they may think fit. XXV. In order to put commerce in the moft flourishing state, it is agreed, that, in cafe a war fhould ་ hould at any time break out between the contracting parties, fix months fhall be allowed to the refpective fubjects for them to retire with their families and property, to whatever place they may judge proper; alfo to be at liberty, during the above fpace of time, to fell or otherwife difpofe of their goods and chattels, without the least hindrance or moleftation. But, above all, it is provided, that the faid fubjects fhall not be detained, by arreftment or feizure. On the contrary, during the aforefaid fix months, the refpective States, and their fubjects, or inhabitants, fhall have good and fpeedy juftice done to them; fo that, during the faid time, they may recover their goods and effects, whether they be in the public funds, or in private hands. And if any part thereof thould happen to be embezzled, or that any infult or wrong fhould have been offered to the fubjects, &c. of either State, the offending party fhall give the immediate and convenient fatisfaction for fuch embezzlement, wrong, or infult. XXVI. The fubjects, &c. of either State fhall abftain from requiring or accepting any commiffions or letters of marque from any power then at war with either of faid States, fo as to command armed fhips against either, and to their detriment; and if any individual, belonging to either, fhould fail herein, he fhall be dealt with as being guilty of piracy. XXVII. It shall not be lawful for any privateer, not belonging to either of the contracting parties, which might be furnished with commiffions, or letters of marque from any power, in actual enmity with either of them, to fit out their fhips in any pórt, belonging to the faid States, therein fell their prizes, or make in any wife an exchange of their faid fhips, merchandize, goods, or effects, being the whole or part of the cargo contained in the aforefaid captures, Nor fhall the faid commanders be permitted-to take in provisions, but just as much as will enable them to reach a port, nearest to the dominion of their employers. - XXVIII. Subjects and inhabitants of both the contracting parties fhall be at liberty to navigate their fhips (without any diftinction of owners, to whom the cargo or cargoes may belong) from all ports whatever belonging to the powers, that then are, or afterwards may be in amity with either of the aforementioned States; as alfo to trade in their way to or from fuch places, ports, and towns belonging to the enemies of either party, whether the faid place be within the jurifdiction of one or more powers. It is alfo hereby ftipulated, that the freedom of fhipping will be extended to the cargoes belonging to the refpective fubjects or inhabitants of the faid States, though the whole, or part of the faid cargo fhould be the enemy's property. This privilege is alfo to be conftructed as extending to all perfons whatever, on board the faid fhips (the military in the enemy's fervice only excepted) as well as contraband goods. XXIX. This article contains a large enumeration of the goods prohibited to be carried to the enemy, |