Page:United States Statutes at Large Volume 18 Part 2c.djvu/716

SPAIN, 1795. 709 have been destined by the ship’ papers: and the two contracting parties engage, that the vessels shall not be detained longer than may be absolutely necessary for their said hips to supply themselves with necessaries; that they will immediately pay the value of the receipts, and indemnify the proprietor for all losses which he may have sustained in consequence of such transaction. Anrrorn XVII. To the end that all manner of dissentions and quarrels may be avoided Sea-let then or and prevented on one side and the other, it is agreed, that in case either P““P°'t°· of the parties hereto should be engaged in a war, the ships and vessels belonging to the subjects or people of the other party must be furnished with sea-letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty.' They shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year. _ It is likewise agreed, that such ships being laden, are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, that so it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form: And if any one shall think it tit or advisable to express in the said certiiicates the person to whom the goods on board belong, he may freely do so. Without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of this omission having been well examined, they shall be adjudged to be legal prizes, unless they shall give legal satisfaction of their property by testimony entirely equivalent. Aivrronm XVIII. If the ships of the said subjects, people, or inhabitants, of either of Regulation cf the parties shall be met with, either sailing along the coasts [or] on the "“'*° *'·*’°°- high seas, by any ship of war of the other, or by any privateer, the said ship of war or privateer, for the avoiding of any disorder, shall remain out of cannon-shot, and may send their boats aboard the merchantship, which they shall so meet with, and may enter her to number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports, concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have shewed such passports, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chace in any manner, or force her to quit her intended course. Aarromn XIX. Consuls shall be reciprocally established, with the privileges and ¤¤¤¤¤l¤- powers which those of the most favoured nations enjoy, in the ports where their Consuls reside or are permitted to be. Anrreuz XX. It is also agreed that the inhabitants of the territories of each party Ames to <>¤¤r¤ shall respectively have free access to the courts of justice of the other, °f -l““‘°°· ’ The form of passport referred to in this article is not annexed either to the original treaty signed by the negotiators, or to the copy bearing the ratification of the King of Spain, on Elo in the Department of State.