Page images


And his majesty also consents, that it shall be lawful for the 1794. said American citizens to purchase, load, and carry away


November 19.

Vessels of the their said vessels to the United States from the said islands and U.States allowports, all such articles, being of the growth, manufacture, or for the export produce of the said islands, as may now by law be carried from West Indies to thence to the said states in British vessels, and subject only to such articles as the same duties and charges on exportation, to which British may be carried vessels and their cargoes are or shall be subject in similar ish vessels, &c. circumstances. Provided always, that the said American vessels do

Proviso: rescarry

tricting the vesand land their cargoes in the United States only, it being sels of the Uniexpressly agreed and declared, that during the continuance of ted States, to a this article, the United States will prohibit and restrain the with the British

West Indies,&c. carrying any molasses, sugar, coffee, cocoa, or cotton, in American vessels, either from his majesty's islands, or from the Uniteil States to any part of the world, except the United States, reasonable sea stores excepted. Provided also, that

Proviso: allow it shall and may be lawful, during the same period, for British ingimportations vessels to import from the said islands, into the United States, tions from and and to export from the United States, to the said islands, all to the British articles whatever being of the growth, produce, or manufacture British vessels, of the said islands, or of the United States respectively, which now may, by the laws of the said states, be so imported and exported. And that the cargoes of the said British vessels shall be subject to no other or higher duties, or charges, than

[*This article shall be payable on the same articles if so imported or export- thus far annuled in American vessels. *

led.) It is agreed that this article and every matter and thing there. Limitation of

this art, to the in contained, shall continue to be in force during the continu. period of 2 yrs ance of the war in which his majesty is now engaged; and also after the signing for two years from and after the day of the signature of the articles of peace preliminary or other articles of peace, by which the same may Britain and the be terminated.

powers at war

with her in 1794 And it is further agreed, that at the expiration of the said

After the expiterm, the two contracting parties will endeavor further to ration of this regulate their commerce in this respect, according to the sit- article, further uation in which his majesty may then find himself, with res- be the result of pect to the West Indies and with a view to such arrangements well with resas may best conduce to the mutual advantage and extension pect to trade of commerce. And the said parties will then also renew their West Indies, as discussions, and endeavor to agree

whether in

concerning cerand what any

tain neutral cases neutral vessels shall protect enemy's property; and in rights, &c. what cases provisions and other articles, not generally contraband, may become such. But in the mean time, their conduct

[ocr errors]

1794. towards each other in these respects shall be regulated by the November 19.

articles hereinafter inserted on those subjects.

Art, 13. His majesty consents that the vessels belonging to Vessels belong ing to citizens the citizens of the United States of America shall be admitted of the u. States and hospitably received in all the seaports and harbors of the into the ports of British territories in the East Indies. And that the citizens of the British East Indies, &c. the said United States may freely carry on a trade between the

said territories and the said United States in all articles of which

the importation or exportation respectively, to or from the said
Proviso: res- territories, shall not be entirely prohibited. Provided, only,
tricting, in time
of war,' the ex- that it shall not be lawful for them in any time of war between
portation of and the British government and any other power or state whatever,
stores and rice to export from the said territories, without the special permis-
from the British sion of the British government there, any military stores, or

naval stores, or rice. The citizens of the United States shall
pay for their vessels when admitted into the said ports, no other

or higher tonnage duty than shall be payable on British vessels Reciprocity as when admitted into the ports of the United States.

And they to tonnage du shall pay no other or higher duties or charges, on the importaas to duties on tion or exportation of the cargoes of the said vessels, than shall cargoes.

be payable on the same articles when imported or exported in
The trade from British vessels. But it is expressly agreed, that the vessels of
the British East
Indies to be di- the United States shall not carry any of the articles exported
rect to the U. by them from the said British territories to any port or place,
States, &c.

except to some port or place in America, where the same shall
be unladen, and such regulations shall be adopted by both par-

ties, as shall, from time to time, be found necessary to enforce American ves

the due and faithful observance of this stipulation. It is also sels not allowed understood that the permission granted by this article is not to carry on the coastingtrade in to extend to allow the vessels of the United States to carry on the British East any part of the coasting trade of the said British territories; but Indies, &c.

vessels going with their original cargoes, or part thereof, from

one port of discharge to another, are not to be considered as carThe citizens of rying on the coasting trade. Neither is this article to be construthe U. States ed to allow the citizens of the said states to settle or reside or go into the within the said territories, or to go into the interior parts the British East thereof, without the permission of the British government Indies, without established there; and if any transgression should be attemptpermission, &c.

ed against the regulations of the British government in this
respect, the observance of the same shall and may be enforced
against the citizens of America in the same manner as against
British subjects or others transgressing the same rule. And
the citizens of the United States, whenever they arrive in any
port or harbor in the said territories, or if they should be per-

Citizens of the

land of St. He


mitted in manner aforesaid, to go to any other place therein, 1794. shall always be subject to the laws, government, and jurisdic. November 19. tion of what nature established in such harbor, port, or place, according as the same may be. The citizens of the United U. States may States may also touch for refreshment at the island of St. touch at the isHelena, but subject in all respects to such regulations as the lena for refresh

ments, &c. British government may from time to time establish there.

Art. 14. There shall be between all the dominions of his Reciprocal and majesty in Europe and the territories of the United States, a of commerce; reciprocal and perfect liberty of commerce and navigation. &c. between the

British EuropeThe people and inhabitants of the two countries respectively, an shall have liberty freely and securely, and without hindrance and the United

States, &c. and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any ·limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally, the merchants and traders on each side, shall enjoy the most complete protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively.

Art. 15. It is agreed that no other or higher duties shall be Neither partyto paid by the ships or merchandise of the one party, in the ports of the other, of the other, than such as are paid by the like vessels or mer- higher duties

than are paid chandise of all other nations. Nor shall any other or higher there by other

dations on like duty be imposed in one country on the importation of any articles, &c. articles, the growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed Great Britain re on the exportation or importation of any articles, to or from the serves the right territories of the two parties respectively, which shall not tonnage duties; equally extend to all other nations.

tervail the difBut the British government reserves to itself the right of ference of du-imposing on American vessels entering into the British ports in pean & Asiatic Europe, a tonnage duty equal to that which shall be payable by In American, or British vessels in the ports of America: and also such duty as in British vesmay be adequate to countervail the difference of duty now payable on the importation of European and Asiatic goods, when imported into the United States in British or in Amer. ican vessels.

The two parties agree to treat for the more exact equalization The parties to of the duties on the respective navigation of their subjects and treat for a more

as also to coun

1794. people, in such manner as may be most beneficial to the two November 19. countries. The arrangements for this purpose shall be made at tion of duties, at the time men

the same time, with those mentioned at the conclusion of the tioned in the twelfth article of this treaty, and are to be considered as a part 12th art. hereof

thereof. In the interval, it is agreed that the United States These ; States, will not impose any new or additional tonnage duties on British not to increase vessels, nor increase the now subsisting difference between nor the differ the duties payable on the importation of any articles in British ences therein.

or in American vessels. Consols may be ART. 16. It shall be free for the two contracting parties, reciprocally appointed; to en respectively to appoint consuls for the protection of trade, to joy their proper reside in the dominions and territories aforesaid; and the said rights, after be. ing duly admit- consuls shall enjoy those liberties and rights which belong to ted as such; and them by reason of their function. But before any consul shall

be sed, or sent act as such, he shall be in the usual forms approved and adhome, the reasons being as

mitted by the party to whom he is sent; and it is hereby designed therefor, clared to be lawful and proper that in case of illegal or impro&c.

per conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other their reasons for the same.

Either of the parties may except from the residence of consuls such particular places, as such party shall judge proper

to be so excepted. Vessels captur

Art. 17. It is agreed, that in all cases where vessels shall ed on suspicion be captured or detained on just suspicion of having on board of having contraband, or en- enemy's property, or of carrying to the enemy any of the ar. emy's property ticles which are contraband of war, the said vessel shall be the nearest port brought to the nearest or most convenient port; and if any the contraband, &c. to be taken property of any enemy should be found on board such vessel, out and the veg- that part only which belongs to the enemy shall be made prize, ed to proceed. and the vessel shall be at liberty to proceed with the remain

der without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding the cases of ships or cargoes so brought in for adjudication; and in the payment or recovery of any indemnification, adjudged or agreed to be paid to the masters or owners of such ships.

ART. 18. In order to regulate what is in future to be es. Specification of contraband. teemed contraband of war, it is agreed, that under the said

denomination shall be comprised, all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, caracasses, saucisses, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, headpieces, cuirasses, halberds, lances, javelins, horse furniture, holsters,

to be sent into

belts, and generally all other implements of war; as also tim 1794. ber for ship building, tar or rozin, copper in sheets, sails, November 19. hemp and cordage, and generally whatever may serve directly

Contraband to the equipment of vessels, unwrought iron and fir planks, goods confiscaonly excepted; and all the above articles are hereby declared ted. to be just objects of confiscation, whenever they are attempted to be carried to an enemy.

And whereas the difficulty of agreeing on the precise cases Provisions and which alone provisions and other articles, not generally con- other articles, traband, may be regarded as such, renders it inexpedient to ticular circumprovide against the inconveniencies and misunderstandings stances, they

, which might thence arise: it is further agreed that whenever to be paid for on

seizure. any such articles, so becoming contraband according to the existing laws of nations, shall, for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or in their default, the government, under whose authority they act, shall pay to the masters or owners of such vessels, the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.

And whereas it frequently happens, that vessels sail for a Vessels of elport or place belonging to an enemy, without knowing that the ther party not same is either besieged, blockaded, or invested; it is agreed, on attempting that every vessel so circumstanced, may be turned away from aded place, unsuch port or place, but she shall not be detained, nor her cargo, learne e if not contraband, be confiscated, unless after notice, she shall again attempt to enter; but she shall be permitted to go to any other port or place she may think proper: nor shall any vessel Vessels and or goods of either party, that may have entered into such port goods of either or place, before the same was besieged, blockaded, or inves- an invested ted by the other, and be found therein after the reduction or render, to be

place, after sur surrender of such place, be liable to confiscation, but shall be restored to the restored to the owners or proprietors thereof.

ART. 19. And that more abundant care may be taken for the Those concernsecurity of the respective subjects and citizens of the contract- ed in private

armed vessels, ing parties, and to prevent their suffering injuries by the men on either side, of war, or privateers of either party, all commanders of ships able for damaof war, and privateers, and all others the said subjects and ges done by

them. citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them, and if they act to the contrary they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof, of whatever nature the said damages may be.


« PreviousContinue »