STATE PAPERS. 



297 



sions take under their protection the 

 vessels of the other going the same 

 course, and shall defend such vessels 

 as long as they hold the same course, 

 against all force and violence, in 

 the same manner as they ought to 

 protect and defend vessels belong- 

 ing to the party of which they are. 



Art. 23. If war should arise be- 

 tween the two contracting parties, 

 the merchants of either country, 

 then residing in the other, shall be 

 allowed to remain nine months to 

 collect their debts and settle their 

 affairs, and may depart freely, car- 

 rying off all their effects without 

 molestation or hindrance; and all 

 women and children, scholars of 

 every faculty, cultivators of the 

 earth, artisans, manufacturers, and 

 fishermen, unarmed and inhabiting 

 unfortified towns, villages, or 

 places, and in general all others, 

 whose occupations are for the com- 

 mon subsistence and benefitof man- 

 kind, shall be allowed to continue 

 their respective employments, and 

 shall not be molested in their per- 

 sons, nor shall their houses or goods 

 be burnt or otherwise destroyed, 

 nor their fields wasted by the armed 

 force of the enemy, into whose 

 power, by the events of war, they 

 may happen to fall; but if any 

 thing is necessary to be taken from 

 them for the use of such armed 

 force, the same shall be paid for at 

 a reasonable price. 



Art. 24'. And to prevent the de- 

 struction of prisoners of war, by 

 sending them into distant and in- 

 clement countries, or by crowding 

 them into close and noxious places, 

 the two contracting parties solemnly 

 pledge themselves to the world and 

 to each other, that they will not 

 adopt any such practice ; that nei- 



ther will send the prisoners whom 

 they may take from the other, into 

 the East Indies, or any other part 

 of Asia or Africa, but they shall be 

 placed in some part of their domi- 

 nions in Europe or America, in 

 wholesome situations; that they 

 shall not be confined in dungeons, 

 prison-ships, nor prisons, nor be put 

 in irons, nor bound, nor otherwise 

 restrained in the use of their limbs ; 

 that the officers shall be enlarged on 

 their paroles within convenient dis- 

 tricts, and have comfortable quar- 

 ters, and the common men be dis- 

 posed in cantonments open and ex- 

 tensive enough for air and exercise, 

 and lodged in barracks as roomy 

 and good as are provided by the 

 party in whose power they are, for 

 their own troops: that the officers 

 shall also be daily furnished by the 

 party in whose power they are 

 with as many rations, and of the 

 same articles and quality as are al- 

 lowed by them, either in kind, or 

 by commutation, to officers of equal 

 rank in their own army ; and all 

 others shall be daily furnished by 

 them with such ration as they shall 

 allow to a common soldier in their 

 own service ; the value whereof 

 shall be paid by the other party on 

 a mutual adjustment of accounts 

 for the subsistence of prisoners at the 

 close of the war; and the said ac- 

 counts shall not be mingled with or 

 set off against any others, nor the 

 balances due on them be withheld 

 as a satisfaction or reprisal for any 

 other article, or for any oth-^r cause 

 real or pretended whatever. That, 

 each party shall be allowed to keep 

 a commissary of prisoners of their 

 own appointment, with every se- 

 parate cantonment of prisoners in 

 possession of the other; which com- 



