1794. November 19. Vessels of the U.States allowed to export from the British

And his majesty also consents, that it shall be lawful for the said American citizens to purchase, load, and carry away in their said vessels to the United States from the said islands and ports, all such articles, being of the growth, manufacture, or produce of the said islands, as may now by law be carried from thence to the said states in British vessels, and subject only to the same duties and charges on exportation, to which British vessels and their cargoes are or shall be subject in similar ish vessels, &c. circumstances.

West Indies to such articles as the U. States, may be carried

thither in Brit

Proviso: res

ted States, to a

Provided also, that Proviso: allow

Provided always, that the said American vessels do carry 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 direct trade this article, the United States will prohibit and restrain the with the British WestIndies,&c. carrying any molasses, sugar, coffee, cocoa, or cotton, in American vessels, either from his majesty's islands, or from the United States to any part of the world, except the United States, reasonable sea stores excepted. it shall and may be lawful, during the same period, for British ingimportations and exportavessels 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 West Indies, in 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 shall be payable on the same articles if so imported or exported in American vessels.* It is agreed that this article and every matter and thing there- Limitation of in contained, shall continue to be in force during the continuance of the war in which his majesty is now engaged; and also for two years from and after the day of the signature of the preliminary or other articles of peace, by which the same may be terminated.

&c.

[*This article thus far annulled.]

this art. to the

period of 2 y'rs after the signing of preliminary articles of peace

between Great

Britain and the

powers at war with her in 1794

After the expiration of this article, further regulations to be the result of

future efforts; as well with res

And it is further agreed, that at the expiration of the said term, the two contracting parties will endeavor further to regulate their commerce in this respect, according to the situation in which his majesty may then find himself, with respect to the West Indies and with a view to such arrangements as 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 concerning cerdiscussions, and endeavor to agree whether in any and what 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

with the British

1794.

November 19.

to be admitted

ports.

cargoes.

towards each other in these respects shall be regulated by the articles hereinafter inserted on those subjects.

ART, 13. His majesty consents that the vessels belonging to Vessels belonging 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 mi- the British government and any other power or state whatever, litary and naval stores and rice to export from the said territories, without the special permisfrom 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 ties, &c. Also, 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 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 United States shall not carry any of the articles exported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladen, and such regulations shall be adopted by both parties, as shall, from time to time, be found necessary to enforce the due and faithful observance of this stipulation. It is also sels not allowed understood that the permission granted by this article is not coastingtrade in to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but 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 not to reside in, or go into the within the said territories, or to go into the interior parts interior parts of the British East thereof, without the permission of the British government Indies, without established there; and if any transgression should be attemptpermission, &c.

the British East

Indies to be direct to the U. States, &c.

American ves

to carry on the

the British East Indies, &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

1794. November 19.

Citizens of the

mitted in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction 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. Helena, but subject in all respects to such regulations as the British government may from time to time establish there.

touch at the is

land of St. He

lena for refresh

ments, &c.

States, &c.

ART. 14. There shall be between all the dominions of his Reciprocal and perfect liberty, 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 dominions shall have liberty freely and securely, and without hindrance and the United 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.

nations on like

ART. 15. It is agreed that no other or higher duties shall be Neither partyto pay, in the ports 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 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 on the exportation or importation of any articles, to or from the territories of the two parties respectively, which shall not equally extend to all other nations.

of

Great Britain re serves the right of equalizing tonnage duties;

as also to countervail the dif

ference of du

ties on Euro

in British ves

But the British government reserves to itself the right -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 goods,imported British vessels in the ports of America: and also such duty as may 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 American vessels.

sels.

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

exact equaliza

12th art. hereof

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 same time, with those mentioned at the conclusion of the the time mentioned in the twelfth article of this treaty, and are to be considered as a part thereof. In the interval, it is agreed that the United States The U. States, will not impose any new or additional tonnage duties on British not to increase vessels, nor increase the now subsisting difference between existing duties, nor the differ the duties payable on the importation of any articles in British

in the interval,

ences therein.

Consuls may be reciprocally ap

may be dismis

or in American vessels.

ART. 16. It shall be free for the two contracting parties, pointed; 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 sed, or sent act as such, he shall be in the usual forms approved and adsons 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 improper 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.

home, the rea

&c.

Vessels captur

of having con

to be sent into

Either of the parties may except from the residence of consuls such particular places, as such party shall judge proper to be so excepted.

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 traband, 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 ves- 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 remainder 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.

sel to be allow

Specification of

contraband.

ART. 18. In order to regulate what is in future to be eșteemed 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,

1794.

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

ed to be carried to an enemy.

Contraband

to

be paid for on

seizure.

And whereas the difficulty of agreeing on the precise cases Provisions and which alone provisions and other articles, not generally conother articles, when from partraband, may be regarded as such, renders it inexpedient to ticular circumprovide against the inconveniencies and misunderstandings are contraband, stances, they which might thence arise: it is further agreed that whenever 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.

a

cargo,

Vessels of either party, not

to be detained, on attempting aded place, unless previously warned off.

to enter a block

party, found in

place, after sur

And whereas it frequently happens, that vessels sail for port or place belonging to an enemy, without knowing that the same is either besieged, blockaded, or invested; it is agreed, that every vessel so circumstanced, may be turned away from such port or place, but she shall not be detained, nor her 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 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 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.

owners.

to be answer

them.