Page:United States Statutes at Large Volume 8.djvu/158

 146 TREATY WITH SPAIN. 1795. Nor shall any citizen, subject or inhabitant of the said United States apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of his Catholic Majesty, or the property of any of them, from any prince or state with which the said king shall be at war. And if any person of either nation shall take such commissions or letters of marque, he shall be pun. ished as a pirate. ARTICLE XV. Liberty of It shall be lawfulfor all and singular the subjects of his Catholic irédqw ¢>¤¤· Majesty, and the citizens, people and inhabitants of the said United
 * f:ml°,°"“ States, to sail with their ships, with all manner of liberty and security,

` no distinction being made who are the proprietors of the merchandizes laden thereon, from any port to the places of those who now are, or hereafter shall be at enmity with his Catholic Majesty or the United States. It Free ships shall be likewise lawful for the subjects and inhabitants aforesaid, to "’°lf,° f'°° t sail with the ships and merchandizes aforementioned, and to trade with ga; c%n$;i::,£,[j_ the same liberty and security from the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same prince or under several; and it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either: Contraband goods being always excepted. It is also agreed, that the same liberty be extended to persons who are on board a free ship, so that although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies. ARTICLE XVI. w;,,;,,,;,,],, This liberty of navigation and commerce shall extend to all kinds of shstlbedeemed merchandizes, excepting those only, which are distinguished by the °°““`“b““d· name of contraband : And under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs, with the fusees, and other things belonging to them, cannon-ball, gunpowder, match, pikes, swords, lances, speards, halberds, mortars, petards, grenades, saltpetre, muskets, muskct-ball, bucklers, helmets, breast-plates, coats of mail, and the like kind of arms, proper for arming soldiers, musketrests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follows, shall not be reckoned among contraband or prohibited goods: That is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of wearing aparel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, latton, copper, brass, coals ; as also wheat, barley, oats, and any other kind of corn and pulse; tobacco, and likewise all manner of spices, salted and smoked flesh salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts: And in general, all provisions which serve for the sustenance of lite: Furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail—cloths, anchors, and any parts of anchors, also ships’ masts, planks, wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever, which have l