Page:United States Statutes at Large Volume 8.djvu/106

 94 TREATY WITH PRUSSIA. 1785. again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to show. But no vessel which shall have made prizes on the subjects of his Most Christian Majesty the King of·France, shall have a right of asylum in the ports or havens of the said United States; and if any such be forced therein by tempest or dangers of the sea, they shall be obliged to depart as soon as possible, according to. the tenor of the treaties existing between his said Most Christian Majesty and the said United States. ARTICLE XX. Citizens of No citizen or subject of either of the contracting parties shall. take ¢i¢h¢¥ P°"Y from any power with which the other may be at war, any commission or letters of the other, on pain of being punished as a pirate; nor shall either party Sgsgllg gg;] *1 hire, lend or give any part of their naval or military force to the enemy wm, me 0,h€,,_ of the other, to aid them offensively or defensively against that other, ARTICLE XXI. Regulations to If the two contracting parties should be engaged in war against a ggsgbgfuig in 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-four hours in 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 alter 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 free to each party to make such regulations as they shall judge necessary for the conduct of their respective vessels of war, public and private, relatiye to the vessels which they shall take and carry into the ports of t e two parties. ARTICLE XXII Uonvoys in Where the parties shall have a common enemy, or shall both be ¤°l'*°l¤ °¤¤€S· 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 thrce and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are. ARTICLE XXIII. lf war should arise between the two contracting parties, the merchants ol` either country, then residing in the other, shall be allowed to remain
 * l;:“'}Q;i:,l;° or letter of marque for arming any vessel to act as a privateer against