4G MOORE— CONTRABAND OF WAR. [Februarys, 



And wlicreas it frcciuently happens that vessels sail for a j^ort or place 

 belonging to an enemy without knowing that the same is either besieged, 

 ])lockaded 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 

 cargo, 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 or goods of either party that may 

 have entered into such port or place before the same was besieged, blockaded, 

 or invested by the other, and be found therein after the reduction or sur- 

 render of such place, be liable to confiscation, but shall be restored to the 

 owners or proprietors thereof. 



Note G. 



Treaty of Commerce betxveen the United States and France, February 6, 1778, 



Arts. XXIIL, XXIV. 



Art. XXIII. It shall be lawful for all and singular the subjects of the 

 Most Christian King, and the citizens, people and inhabitants of the said 

 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 

 thereon, from any port to the places of those who now are or hereafter shall 

 be at enmity with the Most Christian King or the United States. It shall 

 likewise be lawful for the subjects and inhabitants aforesaid to sail with the 

 ships and merchandizes aforementioned, and to trade with the same liberty and 

 security from the places, ports and havens of those who are enemies of both 

 or either party, without any opposition or disturbance whatsoever, not only 

 directly from the places of the enemy aforementioned to neutral places, but 

 also from one place belonging to an enemy to another place belonging to an 

 enemy, whether they be under the jurisdiction of the same Prince or under 

 several. And it is hereby stipulated that free ships shall also give a freedom 

 to goods, and that everything shall be deemed to be free and exempt which 

 shall be found on board the ships belonging to the subjects of either of the 

 confederates, although the whole lading or any part thereof should appertain 

 to the enemies of either, contraband goods being always excepted. It is also 

 agreed in like manner that the same liberty be extended to persons who are 

 on board a free ship, with this effect, that although they be enemies to both or 

 either party, they are not to be taken out of that free ship, unless they are 

 soldiers and in actual service of the enemies. 



Art. XXIV. This liberty of navigation and commerce shall extend to all 

 kinds of merchandizes, excepting those only which are distinguished by the 

 name of contraband ; and under this name of contraband or prohibited goods 

 shall be comprehetided arms, great guns, bombs with the fuzes, and other 

 things belonging to them, cannon-ball, gunpowder, match, pikes, swords, lances, 

 spears, halberds, mortars, petards, granades, saltpetre, muskets, musket-ball, 

 bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms 

 proper for arming soldiers, musket-rests, belts, horses with their furniture, 

 and all other warlike instruments whatever. These merchandizes which fol- 



