Page:United States Statutes at Large Volume 18 Part 2c.djvu/653

 646 PUBLIC TREATIES. Anrrcnn XX. L ¤ t ¤ 6 YB of No citizen or subject of either of the contracting parties shall take “‘“"!“°· from any Power with which the other may be at war any ctmmission or letter of marque for arming any vessel to act as a privateeragainst the other, on pain of being punished as a pirate, nor shall either party hire, lend, or give any part of their naval or military force to the enemy of the other, to aid them offensively or defensively against that other. Anrxonn XXI. Regulations in If the two contracting parties should be engaged in war against a °°°° °f “"“`· common enemy, the following points shall be observed between them: 1. If a vessel of one of the parties retaken by a privateer of the other shall not have been in possession of the enemy more than twenty-four hours, she shall be restored to the first owner for one-third of the value of the vessel and cargo ; but if she shall have been more than twenty-tour hours in the possession of the enemy, she shall belong wholly to the recaptor. 2. If in the same case the recapture were by a public vessel of war of the one party, restitution shall be made to the owner for one-thirtieth part of the value of the vessel and cargo, if she shall not have been in possession of the enemy more than twenty-four hours, and one-tenth of the said value where she shall have been longer; which sums shall be distributed in gratuities to the recaptors. 3. The restitution in the cases aforesaid shall be after due proof of property, and surety given for the part to which the recaptors are entitled. 4. The vessels of war, public and private, of the two parties, shall be reciprocally admitted with their prizes into the respective ports of each ; but the said prizes shall not be discharged nor sold there, until their legality shall have been decided, according to the laws and regulations of the States to which the captor belongs, but by the judicatures of the place into which the prize shall have been conducted. 5. It shall be tree 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. Anricma XXII. Convoys. Where the parties shall have a common enemy, or shall both be neutral, the vessels of war of each shall upon all occasions 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 iorce and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are. Ancrrcnn XXIII. Rights of resi- If war should arise between the two contracting parties, the merd¤¤¤¤ ¤¤ 0**99 of chants of either country then residing in the other shall be allowed to ‘"“• remain nine months to collect their debts and settle their aifairs, and _ _ may depart freely, carrying off all their effects without molestation or d P;!¤°lP1€¤ vi •><>¤· hindrance. And all women and children, scholars of every faculty, cul- “° '"K W"' tivators of the earth, artizans, manufacturers, and fishermen, unarmed and inhabiting unfortitied towns, villages, or places, and in general all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, 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 anything is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reason-