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Article XII. If either of the contracting parties shall hereafter be 



engaged in war against any third power, to which war the other of 

 the parties shall remain neutral, it is agreed that every vessel of the 

 neutral party, sailing for a port or place belonging to the enemy 

 of tlie belligerent, without knowing that the same is besieged, 

 blockaded, or invested, may be turned away from such port or 

 place, but shall not be detained, nor her cargo, if not contraband, 

 be confiscated, unless, after such 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 surrender of such place, be 

 liable to confiscation, but shall be returned to the proprietors 

 thereof: and, in order to determine what characterizes a blockaded 

 port, that denomination is given only to a port where there is, by 

 the disposition of the power which attacks it with ships, stationary, 

 or sufficiently near, an evident danger in entering. 



Article XIII. It is agreed that indemnity shall be made by his 

 Britannic majesty to the citizens of the United States, for all losses 

 and damages sustained by them during the late war between Great 

 Britain and France, and prior to the commencement of the present 

 war, by reason of irregular or illegal captures, seizures, or con- 

 demnations of vessels and other property, under colour of autho- 

 rity, contrary to the known and established rules of the law of 

 '■nations. And it is also agreed, that indemnity shall be made by 

 each of the contracting parties, to the subjects or citizens of the 

 other party, for all losses and damages sustained subsequent to the 

 commencement of the present war, by reason of the seizure or 

 condemnation of the vessels or cargoes, belonging to the subjects 

 or citizens of the one party, which, in the ordinary course of com- 

 merce, happened at the commencement of hostilities to be in the 

 ports of the other party ; and by reason of the destruction of un- 

 fortified towns, and the pillage or destruction of private property, 

 and the enticement and carrying away of negroes, contrary to the 

 known and established rules and usages of war between civilized 

 nations. 



It is agreed, that, for the purpose of determining the indemnities 

 due by each contracting party, in conformity with the provisions 

 of this article, commissioners shall be appointed in the following 

 manner, viz : one commissioner shall be named by his Britannic 

 majesty, and one by the President of the United States, by and 

 with the advice and consent of the Senate thereof; and the said 

 two commissioners shall agree in the choice of a third ; or, if they 

 cannot agree, they shall each propose one person, and of the two 

 names so proposed, one shall be taken by lot, in the presence of 

 the two original commissioners, and the three commissioners thus 

 appointed, shall be sworn, and authorized and empowered, im- 

 partially, to examine into all such claims and complaints, and to 

 determine the indemnities which may be justly due for the same, 



