1794. For this cause, all commanders of privateers, before they November 19. receive their commissions, shall hereafter be obliged to give, before a competent judge, sufficient security by at least two Commanders of responsible sureties, who have no interest in the said privateer, privateers to give bonds, &c. each of whom, together with the said commander, shall be ble for miscon- jointly and severally bound, in the sum of fifteen hundred

to be answera

duct.

pounds sterling, or if such ships be provided with above one hundred and fifty seamen or soldiers, in the sum of three thousand pounds sterling to satisfy all damages and injuries which the said privateer, or her officers or men, or any of them, may do or commit during their cruise, contrary to the tenor of this treaty, or to the laws and instructions for regulating their conduct; and further, that in all cases of aggressions the said commissions shall be revoked and annulled.

Authentic co- It is also agreed, that whenever a judge of a court of admipies of process of condemna- ralty of either of the parties, shall pronounce sentence against tion in admiral- any vessel, or goods, or property, belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same.

furnished with out delay, on payment of fees

Pirates not tobe received, nor concealed.

rates to be seiz

ART. 20. It is further agreed, that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences.

Ships and goods And all their ships, with the goods or merchandises taken brought into the ports of either by them and brought into the port of either of the said parties, party, by pi- shall be seized, as far as they can be discovered, and shall be ed & restored. restored to the owners, or their factors or agents, duly deputed and authorized in writing by them, (proper evidence being first given in the court of admiralty for proving the property,) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reaCitizens and son to believe or suspect that they had been piratically taken. subjects not to ART. 21. It is likewise agreed, that the subjects and citiaccept commis · sions from a zens of the two nations, shall not do any acts of hostility or third power, to act in a hostile violence against each other, nor accept commissions or instrucmanner against tions so to act from any foreign prince or state, enemies to the either party. A third, enemy, other party; nor shall the enemies of one of the parties be perpower, not allowed to enlist mitted to invite, or endeavor to enlist in their military sercitizens or sub- vice, any of the subjects or citizens of the other party; and the laws against all such offences and aggressions shall be punc

Jects of either party.

1794. November 19.

tually executed. And if any subject or citizen of the said parties respectively, shall accept any foreign commission, or letters of marque, for arming any vessel to act as a privateer Persons taken against the other party, and be taken by the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen, having such commission, or treated as piletters of marque, as a pirate.

offending against the provisions of this article, may be

rates.

not to be au

ART. 22. It is expressly stipulated, that neither of the said Acts of reprisal contracting parties will order or authorize any acts of reprisal thorised by eiagainst the other, on complaints of injuries or damages, until ther party, with out previous the said party shall first have presented to the other a state- demand of sament thereof, verified by competent proof and evidence, and tisfaction, &c. demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed.

tably received

ed in the ports

of

the other.

ports, but com

pelled to do so ther, &c. to be kindly received: bulk, unless in

by stress of wea

ART. 23. The ships of war of each of the contracting par- The ships of ties, shall, at all times, be hospitably received in the ports of war of each parthe other, their officers and crews paying due respect to the ty, to be hospilaws and government of the country. The officers shall be and well treattreated with that respect which is due to the commissions which they bear, and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And his majesty consents, that in case an American American vessels, not usualvessel should, by stress of weather, danger from enemies, or ly allowed to other misfortune, be reduced to the necessity of seeking shel- enter British ter in any of his majesty's ports, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the government of the place, be hospitably received and be permitted to re-fit, and to purchase, at the market price, such necessaries as she dispensably nemay stand in need of, conformably to such orders and regulations as the government of the place, having respect to the circumstances of each case, shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bonâ fide necessary to her being refitted. Nor shall be permitted to sell any part of her cargo, unless so much only as may be necessary to defray her expenses, and then not without the express permission of the government of the place. Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.

but not to break

cessary.

ART. 24. It shall not be lawful for any foreign privateers Privateers of a (not being subjects or citizens of either of the said parties) third (enemy) who have commissions from any other prince or state in enmity arm in the

power not to

1794.

ports of either

with either nation, to arm their ships in the ports of either of November 19. the said parties, nor to sell what they have taken, nor in any other manner to exchange the same; nor shall they be allowed nation, nor to to purchase more provisions than shall be necessary for their sell their pri- going to the nearest port of that prince or state from whom they obtained their commissions.

zes, &c.

Prizes made by ships of war & privateers of

lowed to enter

each other,

nation.

ART. 25. It shall be lawful for the ships of war and privateers belonging to the said parties respectively, to carry whieither party al- thersoever they please, the ships and goods taken from their and depart from enemies, without being obliged to pay any fee to the officers the ports of of the admiralty, or to any judges whatever; nor shall the said without exami- prizes when they arrive at, and enter the ports of the said parties, be detained or seized, neither shall the searchers or other officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation, or commerce,) nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail and depart as speedily as may be, and carry their said prizes to the place mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to show. No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties; but if forced by stress of weather, or the dangers of the sea, to enter therein, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible. Nothing in this rate contrary to treaty contained shall, however, be construed or operate existing treaties with other contrary to former and existing public treaties with other sonations, &c. vereigns or states. But the two parties agree, that while they continue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding article.

Nothing in this treaty to ope

Neither party to allow the

er to be taken

Neither of the said parties shall permit the ships or goods ships or goods belonging to the subjects or citizens of the other, to be taken belonging to citizens or sub- within cannon shot of the coast, nor in any of the bays, ports, jects of the oth- or rivers of the territories, by ships of war, or others having within cannon commission from any prince, republic or state whatever. But shot of its coast. in case it should so happen, the party whose territorial rights shall thus have been violated, shall use his utmost endeavors to obtain from the offending party, full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels.

1794.

Merchants, &c. of either party

ART. 26. If at any time a rupture should take place (which God forbid,) between his majesty and the United States, the November 19. merchants and others, of each of the two nations, residing in the dominions of the other, shall have the privilege of remain- ture, the mer In case of a ruping, and continuing their trade, so long as they behave peace- chants & others ably, and commit no offence against the laws; and in case their tions, during conduct should render them suspected, and the respective permitted to good behaviour governments should think proper to order them to remove, the continue their term of twelve months, from the publication of the order, shall business, &c. be allowed them for that purpose, to remove with their families, effects and property; but this favor shall not be extended when suspected to those who shall act contrary to the established laws; and and ordered to for greater certainty, it is declared, that such rupture shall not ed 12 months to be deemed to exist, while negotiations for accommodating dif- settle their buferences shall be depending, nor until the respective ambassadors, or ministers, if such there shall be, shall be recalled, or Circumstances sent home on account of such differences, and not on account which shall determine the peof personal misconduct, according to the nature and degrees riod of a rupof which, both parties retain their rights, either to request the ture. recall or immediately to send home the ambassador or minister of the other; and that without prejudice to their mutual friendship and good understanding.

remove, allow

siness.

ed with murder

in the domin

ART. 27. It is further agreed, that his majesty and the Persons chargUnited States on mutual requisitions, by them respectively, or forgery seek or by their respective ministers, or officers, authorized to ing an asylum make the same, will deliver up to justice, all persons who, be- ions of either ing charged with murder or forgery, committed within the party, to be delivered up on jurisdiction of either, shall seek an asylum within any of the requisition, &c. countries of the other: provided, that this shall only be done on such evidence of criminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expense of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive. ART. 28. It is agreed, that the first ten articles of this treaty Duration of this shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchanged, but subject to this condition, that whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war, in which his majesty is engaged, it is

treaty.

1794.

agreed, that proper measures shall, by concert, be taken, for November 19. bringing the subject of that article into amicable treaty and

This treaty, af

ter the mutual

to this treaty.

discussion, so early before the expiration of the said term, as that new arrangements on that head may, by that time, be perfected, and ready to take place. But if it should unfortunately happen, that his majesty and the United States should not be able to agree on such new arrangements, in that case, all the articles of this treaty, except the first ten, shall then cease and expire together.

Lastly. This treaty, when the same shall have been ratified exchange of ra- by his majesty, and by the president of the United States, by tifications, to be and with the advice and consent of their senate, and the rebinding, &c. spective ratifications mutually exchanged, shall be binding, and obligatory on his majesty and on the said states, and shall be by them respectively executed and observed, with punctuality and the most sincere regard to good faith; and whereas it will be expedient in order the better to facilitate intercourse Other articles and obviate difficulties, that other articles be proposed and may be proposed, and added added to this treaty, which articles, from want of time, and other circumstances, cannot now be perfected; it is agreed, that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavor so to form them, as that they may conduce to mutual convenience, and tend to promote mutual satisfaction and friendship: and that the said articles, after having been duly ratified, shall be added to, and make a part of this treaty. In faith whereof, we, the undersigned, ministers plenipotentiary of his majesty the king of Great Britain, and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our

arms.

Done at London, this nineteenth day of November, one thousand seven hundred and ninety-four.

GRENVILLE, [L. s.]
JOHN JAY. [L. S.]

NOTE. The first ten articles of this treaty to be permanent; the others, with the exception of the 12th, limited to twelve years; the subject of the 12th article to be discussed anew, before its expiration; but if no further arrangement can be made, then all the articles, except the ten first, to expire together.