Page:United States Statutes at Large Volume 8.djvu/154

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M2 TREATY WITH SPAIN. 1795. 1n future no treaty of alliance or other whatever (except treaties of peace) shall be made by either party with the Indians living within the boundary of the other, but both parties will endeavour to make the advantages of the Indian trade common and mutually beneficial to their respective subjects and citizens, observing 1Il.3lI things the most complete reciprocity, so that both parties may obtain the advantages arising from a good understanding with the said nations, without being subject to the expence which they have hitherto occasioned. ARTICLE VI. Each nation to Each party shall endeavour, by all means in their power, to protect P'{”°<ptj1h° and defend all vessels and other effeeisbelonging to the citizens or subjs fhghjigdigf jects of the other, which shall be within the extent of their jurisdiction tion. by sea or by land, and shall use all their efforts to recover and cause to be restored to the right owners, their vessels and effects which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the power whose subjects have taken possession of the said effects. ARTICLE VII. No cmburgo And it is agreed that the subjects or citizens of each of the contractallowed. ing parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatever: And in all cases of seizure, In cm, of detention, or arrest for debts contracted, or offences committed by any seizurefordebts citizen or subject of the one party within the jurisdiction of the other, fg §:;“c;:j,h°“’ the same shall be made and prosecuted by order and authority of law ` only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents and factors, as they may judge proper, in all their affairs, and in all their trials at law, in whic 1 they may be concerned, before the tribunals of the other party; and such agents shall have free access to be present at the proceedings in such causes, and at the taking of all examinations and evidence which may be exhibited in the said trials. ARTICLE VIII. Vessel, forced .In case the subjects and inhabitants of either party, with their shipimo part by ping, whether public and of war, or private and of merchants, be forced,

j;si0°.£;"°“' through stress of weather, pursuit of pirates or enemies, or any other

relieved_ urgent necessity, for seeking of shelter and harbour, to retreat and enter into any of the rivers, bays, roads or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favor, protection and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons, or reparation of their ships and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. ARTICLE IX. property taken All ships and merchandize, of what nature soever, which shall be lg’g*;jm>;gS¥¤ rescued out of the hands of any pirates or robbers on the high seas, ' shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be taken care of; and restored entire to the true proprietor, as soon as due and sufficient proof shall he made concerning the property thereofi ARTICLE X. When any vessel of either party shall be wrecked, fbundered, or