1 care shall be taken of the said goods as of a native in like case, until the lawful owner may take measures for receiving them. And if questions should arise among several claimants, to which of them the goods belong, the same shall be decided by the laws and judges of the land wherein the said goods are. And where on the death of any person holding a real estate within the territories of the one party, such real estate would, by the law of the land, descend on a citizen or subject of the other, were he not disqualified by being an alien, such subject shall be al lowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all right of detraction on the part of the government of the respective states. 12. The merchant ships of either party which shall be making into ports, or into a port belonging to the enemy of the other party, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of sus. picion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passport, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as con traband. 13. For the better promoting of, commerce on both sides, it is agreed, that if a war shall break out between the two said nations, one year, after the proclamation of war, shall be allowed to the merchants in the cities and towns where they shall live, for collecting and transporting their goods .and merchandizes; and if any thing be taken from them, or any injury be done them, within that term, to either party, or the people or subjects of either, full satis. faction shall be made by the government. 14. No subject of his Catholic majesty shall apply for, or take any commission or letters of marque, for arming any ship or ships to act as privateers against the United States, or against the citizens, people, or inhabitants of the said United States, or against the property of any of the inhabitants of any of them, from any prince or state, with which the United States shall be at war. Nor shall any citizen, subject, or inhabitant of the said United States, apply for, or take any commission or letters of marque, for arming any ship or ships to act as privateers against the subjects of his Catholic majesty, or the property of any of them, from any prince or state with which the said king shall be at war. And if any person of either nation shall take such com. mission or letters of marque, he shall be punished as a pirate. 15. It shall be lawful for all and singular subjects of his Catholic majesty, and the citizens, people, and inhabitants of the United States, to sail with their ships, with all manner of liberty and security, no distinction being made, who are the proprietors of the merchandizes laden therein, from any port to the places of those who now are, or hereafter shall be, at enmity with his Catholic majesty or the United States. It shall be lawful likewise for the subjects and inhabitants aforesaid to sail with the ships and mer. chandizes afore-mentioned, and to trade trade with the same liberty and security from the places, ports, or havens of those who are enemies to both, or either party, without any opposition or disturbance whatsoever, not only from the places of the enemy afore-mentioned to neutral places, but also from one place, belonging to an enemy, whether they be under the juris. diction of the same prince, or under several; and it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemy of either, contraband goods being always excepted. It is also agreed, that the same liberty be granted to persons who are on board a free ship, so that although they may be enemies to either party, they shall not be made prisoners, or taken out of that free ship, unless they are soidiers, and in actual service of the enemies. 16. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting only those which are distinguished by the name of contraband; and under this name of contraband, or prohibited goods, shall be comprehended arms, great guns, bombs, with their fusees, and the other things belonging to them, cannon. balls, gun-powder, match, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, muskets, musket-balls, bucklers, helmets, breast-plates, coats of mail, and the like kind of arms, proper for arming soldiers; musket rests, belts, horses with their furni ture, and all other warlike instruments whatever. These merchandizes which follow, shall not be reckoned amongst contraband or probibited goods; that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever, all kinds of wearing apparel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, latten, brass, copper, coals; as also wheat, barley, and oats, and any other kind of corn and pulse; tobacco, and likewise all manner of spices, salted and smoked flesh, saited fish, cheese and butter, beer, oils, wines, sugar, and all sorts of salt; and in general, all provisions which serve for the sustenance of life; furthermore all kinds of cotton, hemp, flax, tar, pitch, ropes, sails, sail-cloths, anchors, or any part of anchors, also ship-masts, planks and wood of all kinds, and all things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned amongst free goods; as likewise all other mer. chandizes and things which are not comprehended, and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner by the subjects to both parties, even to places belonging to an enemy, such towns or places being only U 2 excepted excepted as are at that time besieged, blocked up, or invested. And except the places in which any ship of war or squadron shall, in consequence of storms or other accidents at sea, be under the necessity of taking the cargo of any trading vessel or vessels, in which case they may stop the said vessel or vessels, and furnish themselves with necessaries, giving a receipt, in order that the power to whom the said ship of war belongs, may pay for the article so taken, according to the price thereof, at the port to which they may appear to have been destined by the ship's papers; and the two contracting parties engage, that the vessels shall not be detain ed longer than may be absolutely necessary for the said ships to sup ply themselves with necessaries; that they will immediately pay the value of the receipts, and indemnify the proprietor for all losses which he may have sustained in consequence of such transactions. 17. To the end that all manner of dissentions and quarrels may be avoided and prevented on one side, and on the other, it is agreed, that in case either of the parties hereto should be engaged in a war, the ships and vessels belonging to sub·jects or people of the other party, must be furnished with sea letters or passports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ships, that it may appear thereby that the ships really and truly belong to subjects of one of the parties; which passport shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year, that is, if the ship hap. pens to return home within the space of a year. It is likewise agreed that such ships being laden, are to be provided not only with passports, as above-mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, that so it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ships sailed in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates the person to whom the goods on board belong, he may do so; without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of this omission having been well examined, they shall be adjudged to be legal prizes, unless they shall give legal satisfaction of their property by testimony equally equiva lent. 18. If the ships of the said subjects, people or inhabitants of either of the parties, shall be met with, either sailing along the coasts, or on the high seas, by any ships of war of the other, or by any pr vateer, the said ship of war or pri vateer, for avoiding any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports concerning the property of the ship, made out according according to the form inserted in this present treaty; and the ship, when she shall have shewn such pasport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chace in any manner, or force her to quit her intended course. 19. Consuis shall be reciprocally established, with the privileges and power which those of the most favoured nations enjoy in the ports where their consuls reside, or are permitted to be. 20. It is also agreed, that the inhabitants of the territories of each party shall respectively have free access to the courts of justice of the other; and they shall be permitted to prosecute suits for the recovery of their property, the pay. ment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue, be subjects or citizens of the country in which they be found, or any other persons whatever who may have taken refuge therein; and the proceedings and sentences of courts, shall be the same as if the contending parties had been subjects or citizens of the said country. missioner, and the president of the United States, by and with the advice and consent of the senate, shall appoint another; and the said two commissioners shall agree on the choice of a third, or if they can. not so agree, they shall each propose one person, and of the two names so proposed, one shall be drawn by lot in the presence of the two original commissioners; and the person whose name shall be. drawn shall be the third commis. sioner; and the three commis. sioners so appointed shall be sworn impartially to examine and decide the claims in question, according to the merit of the several cases, and to justice, equity, and the laws of nations. The said commissioners shall meet and sit at Philadelphia ; and in case of the death, sickness, or necessary absence of any such commissioner, his place shall be supplied in the same manner as he was first appointed, and the new commissioner shall take the same oaths, and do the same duties.They shall receive all complaints and applications authorized by this article during eighteen months from the day on which they shall assemble. They shall have power to examine all such persons as come before them, on oath or affirma. tion, touching the complaints in question, and also to receive in evidence all written testimony, authenticated in such a manner as they shall think proper to require or admit. The award of the said commissioners, or any two of them, shall be final and conclusive, both as to the justice of the claim, and the amount of the sum to be paid to the claimants; and his Chatholic ma. jesty undertakes to cause the same 21. In order to terminate all differences on account of the losses sustained by the citizens of the United States, in consequence of their vessels and cargoes having been taken by the subjects of his Catholic majesty during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decision of commissioners to be appointed in the following manner. His Catholic majesty shall appoint one com, 22. The two high contracting parties, hoping that the good correspondence and friendship which happily reigns between them, will be further increased by this treaty, and that it will contribute to augment their prosperity and opulence, will in future give to their mutual commerce all the extension and favour which the advantages of both countries may require. And in consequence of the stipulations contained in the fourth article, his Catholic majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandizes and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores; and his majesty promises, either to continue this permission, if he finds, during that time, that it is not prejudicial to the interest of Spain, or if he should not agree to continue, he will assign to them, on another part of the banks of the Mississip pi, an equivalent establishment. 23. The present treaty shall not be in force until ratified by the contracting parties, and the ratifications shall be exchanged in six months from that time, or sooner, if possible. In witness whereof, we the underwritten plenipotentiaries of his Catholic majesty and of the United States of America have signed this present treaty of friendship, limits, THIS Treaty consists of twenty. eight articles : The first article establishes peace and friendship between his Britannic majesty and the United States. In the second, his majesty consents to withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. The evacuation is to take place on or before the 1st of June, 1795. The third article allows to his majesty's subjects and the citizens of the United States, and to the Indians dwelling on either side of the said boundary line, freely to pass and repass by land or inland navigation into the respective ter ritories of the two parties. The country within the limits of the Hudson's Bay Company is excepted. Vessels belonging to the United States are not to be admitted into the ports of his majesty's said territories, nor British vessels from the sea into the rivers of the United States beyond the highest ports of entry for foreign vessels from the sea. The navigation of Mississippi, however is to be entirely free. Goods and merchandize shall be conveyed into the territories of |