Page:United States Statutes at Large Volume 8.djvu/38

 26 TREATY OF COMMERCE WITH FRANCE. 1778. Free ships goods, and that every thing shall be deemed to be free and exempt which ¤¤¤k° *6** shall be found on board the ships belonging to the subjects of either of f·:;“g,t,$,l;°€:;& the confederates, although the whole lading, or any part thereof should articles. appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons who are on board a free ship, with this eifect, that although they be enemies to both or e1ther_party,they are not to_be taken out of that free ship, unless they are soldiers and in actual service of the enemies. ARTICLE XXIV. What oods This liberty of navigation and commerce shall extend to all kinds of ¤h°“b°5°°'”°d merchandizes, excepting those only which are distinguished by the name °°""°b°°d' of contraband, and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs with the fuzes,_and other things belonging to them, cannon ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, saltpetre, muskets, musket ball, bucklers, helmets, breast plates, coats of mail, and the like kinds of arms, proper for arming soldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follow 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 apparel, together with the species whereof they arc used to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals; as also wheat and barley, and any other kind of corn and pulse; tobacco, and likewise all manner of spices; salted and smoked flesh, salted lish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts; and in general all provisions which serve for the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloths, anchors and any parts of anchors, also ships’ masts, planks, boards and beams of what trees soever; and all other things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use: all which shall be wholly reckoned among free goods; as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner by the subjects of both confederntes, even to places belonging to an enemy, such towns or places being only excepted, as are at that time besieged, blocked up or invested. ARTICLE XXV. Ships and vas- To the end that all manner of dissentions and quarrels may be avoided z]?;;;; lm,¤;m and prevented, on one side and the other, it is agreed, that in case either bm,,, 0,. Pm_ of the parties hereto should be engaged in war, the ships and vessels gens and cern- belonging to the subjects or people of the other ally, 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 truley belongs to the subjects of one of the parties, which passport shall be made out and granted according to the lhrm 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 avreed. that such ships being laden are to be provided not only with paéports