predations 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 cafe of ficknels, or at their death, all effects, goods, merchandizes, ready money, &c. being their property, at or before their deceafe, in any town, ifland, &c. belonging to the respective 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, conformable to the refpective laws of each country. Nor fhall their right be dif puted, under pretence of any prerogative, peculiar to any feparate province, or perfon whatsoever. Provided, neverthelefs, 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, ftatutes, edicts, droits d' Aubaine, &c. to the contrary notwithstanding.

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 use of the lawful heirs and fucceffors of the deceased. The council, or public minfter of the nation, to which the person 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 fhall be nominated for the purpofe of acting as truftees to the heirs, executors, &c. or creditors of the deceased: nor fhall any courts of judicature interfere, unless the faid heirs, &c. fhould require it in the due courfe of law,

XIII. The respective fubjects of the contracting parties, fhall be at liberty to choose for themfelves advocates, attornies, notaries, folicitors, and agents; to this end, that fuch advocates, &c. fhall, by the judges of the courts aforesaid, be called in, if the faid judges fould, by the parties be required fo to do.

XIV. The merchants, commanders, or owners of fhips, failors of every denomination, fhips or veffels, effects, and

goods

goods in general, belonging to either party, or any of its fubjects or inhabitants fhall at no time, for any private or public purpole, by virtue of any edict whatfoever, be taken, or detained in the countries, ports, iflands, &c. belonging to either of the contracting parties, to be employed in the service to forward military expeditions, or any other purpose; and much less for the private ufe of any one, by violence, or other means made use of to moleft or infult the faid fubjects. It is further ftrictly 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 shall 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 legiflative power for debts incurred, or crimes committed, which fhall be tried by the due courfe of law.

XV. It is further provided and agreed, that all merchants, commanders of fhips, and other fubjects belonging to their High Mightineffes the States of the feven United Provinces, fhall regulate their private affairs by themselves, or by fuch agents as they may choose, 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 brother, but fuch as they think fit to appoint. Moreover, in the lading, or unlading of fhips, the mafter shall not be obliged to employ perfons appointed for that purpose, by public authority; but fhall be at full liberty to do it themselves, or call in the affiftance of any one they fhall choose, without being liable to pay any fee or retribution to any body else. Neither 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 fhip 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, fhall only require the defendant to deliver to the plaintiff, a declaration under his hand, and witneffed

U u 2

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 fhip, or prevent the mafter from following his course. The merchants of either nations fhall be authorized 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 elfe, whatsoever, fhall be permitted to 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, fhall 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 fhips of either nation, bound to the respective ports, fhall, upon a juft caufe of being fufpected, either in regard to their deftinations 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 fhould discover 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 cafe 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 Hol land 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 fhall enter a verbal process about them. Nor fhall it be permitted to fell, exchange, or adulterate the faid goods in any wife, till the law shall have taken its course, and the matter be determined by the sentence of the refpective admiralty-courts, pronouncing them feizable; the fhip and other parts of the cargo not prohibited by the treaty, fhall 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 prohibited goods, and the mafter of the fhip fhall confent to deliver them up immedi

2.

ately,

ately, then the captor, having taken out of the faid ship 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, notwithstanding 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 board any fhip taken from an enemy, fuch effects, &c. though they be not prohibited by any article of this treaty, fhall be confidered as lawful prize, and he disposed 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 declaration of war, will be confidered as a fufficient notice to the fubjects of either ftate, whatever quarter of the world they may come from.

XX. In order to provide further for the fafety of the subjects 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 thips 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 fhips and effects retaken from privateers or pirates, fhall be carried into fome of the ports belonging to either ftate, and returned to the owners, upon their giving fatisfactory proofs of their right to the faid re-captures.

XXII. It fhall be lawful for all commanders of fhips of, war, privateers, &c. to carry off freely all fhips and effects taken from the enemy, without being fubject to pay any duty or duties to the admiralty or other courts; nor shall fuch prizes be liable to be detained or feized upon in any of the ports of the respective ftates: the fearching officers fhall not be permitted to vifit or fearch the faid prizes the cap

tors

tors whereof will be at liberty to put back to fea, and convoy the prizes wherever they are directed to be carried; as fpecified in the orders given to the commanders of fuch fhips, privateers, &c. which they fhall be obliged to produce. But all the ports of both states shall be fhut againft all prizes made on the fubjects of either and in cafe fuch prizes and captors should be driven to some of the faid ports, by stress 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 ftates, all aid and affiftance fhall 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 purpose of trading, by one of the states, fhould, by ftrels of weather, imminent danger from pirates, enemies, &c. be compelled to take fhelter in any ports, rivers, bays, &c. belonging to the other, they fhall be treated with all humanity, friendship, and moft cordial protection. Leave fhall be granted them to take in provifions and refreshments at a reasonable rate, and to purchase whatever they may ftand 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 fhall be laid in their way to ftop or detain them in any of the faid ports, &c. whence they fhall be at liberty to fail, whenever they may think fit.

XXV. In order to put commerce in the most flourishing ftate, it is agreed, that, in cafe a war fhould 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 space of time, to fell or otherwife difpofe of their goods and chattels, without the leaft 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 ftates, 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 should happen to be embezzled, or that any infult or wrong fhould have been