296 ANNUAL REGISTER, 1800. 



vessels or effects within the harbours 

 or jurisdiction of the other, they 

 shall be received, protected, and 

 treated with humanityand kindness, 

 and shall be permitted to furnish 

 themselves, at a reasonable price, 

 with all reft-eshments, provisions, 

 and other things necessary for their 

 sustenance, health, and accommo- 

 dation, and for the repair of their 

 vessels. 



Art. 1 9. The vessels of war, pub- 

 lic and private, of both parties, 

 shall carry freely, wheresoever they 

 please, the vessels and effects taken 

 from their enemies, without being 

 obliged to pay any duties, charges, 

 or fees to officers of admiralty, of 

 the customs, or any others; nor 

 shall such prizes be arrested, search- 

 ed, or put under any legal process, 

 when they come to and enter tlie 

 ports of the other party, but may 

 freely be carried out again at any 

 time by their captors to the places 

 expressed in their commissions, 

 which the commanding officer of 

 such vessel shall be obliged to show. 

 But conformably to the treaties ex- 

 istingbetween the United States and 

 Great Britain, no vessel that shall 

 have made a prize upon British sub- 

 jects, shall have a right to shelter in 

 the ports of the United States ; but 

 if forced therein by tempests, or 

 any other danger, or accident of 

 the sea, they shall be obliged to 

 depart as soon as possible. 



Art. 20. No citizen or subject of 

 either of the contracting parties 

 shall take from any power with 

 which the other may be at war, any 

 commission or letter of marque for 

 arming any vessel to act as a pri- 

 vateer against the other, on pain of 

 being punished as a pirate: nor 

 shall either party hirf^, send, or give 

 MOy part of its naval or military 



force to the enemy of the other to 

 aid them offensively or defensively 

 against the other. 



Art. 21. If the two contracting 

 parties should be engaged in a war 

 against a common enemy, the fol- 

 lowing points shall be observed be- 

 tween them : 



1st. If a vessel of one of the par- 

 ties, taken by the enemy, shall be- 

 fore being carried into a neutral or 

 enemy's port, be taken by a ship of 

 war or privateer of the other, it 

 shall, with the cargo, be restored 

 to the first owners, for a compensa- 

 tion of one-eighth part of the value 

 of the said vessel and cargo, if the 

 recapture be made by a public ship 

 of war, and one-sixth part, if made 

 by a privateer. 



2d. The restitution in such cases 

 shall be after due proof of property, 

 and surety given for the part to 

 which the recaptors are entitled. 



3d. The vessels of war, public 

 and private, of the two parties, 

 shall reciprocally be admitted with 

 their prizes into the respective ports 

 of each ; but the said prizes shall 

 not be discharged or sold there, un- 

 til their legality shall have been de- 

 cided according to the laws and re- 

 gulations of the state to which the 

 captors belongs, but by the judica- 

 tories of the place into which the 

 prize shall have been conducted. 



4th. It shall be free to each party 

 to make such regulations as they 

 shall judge necessary for the conduct 

 of their respective vessels of war, 

 public and private, relative to the 

 vessels which they shall take, and 

 carry into the ports of the two 

 parties. 



Art. 22. When the contracting 

 parties shall have a common enemy, 

 or shall both be neutral, the vessels 

 of war of each shall upon all occa- 



