290 
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 guestions should arise among 
several claimants, to whieh 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 
esgate within the territories of the 
one party, such real estate would, 
by the law of the land, descend 
en a citizen or subjeé 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 pro- 
ceeds without molestation, and ex- 
empt from all right of detraGtion 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 cf goods on board he;s, 
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 hér 
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 collect. 
ing and transporting their goods 
and merchandizes; and if any 
» 
ANNUAL REGISTER, 1793. 
thing be taken from them, or any 
injury be done them, within that 
term, to either party, or the peo- 
ple or subjects of either, full satis. 
faction shall be made by the go- 
vernment. 
14. No subje& 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 pro- 
perty 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, subjeé&, or inhabitant 
of the said United States, apply for, 
or take any commission or letiers 
of marque, for arming any ship or 
ships to aét as privateers against 
the subjects of his Catholic ma- 
jesty, 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. 
1s. Itshall 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  distinétion 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 
/ 
