If, by exhibiting the abovesaid certificates, mentioning the particulars of the things on board, the other party should discover there are any of those sorts of goods, which are prohibited and declared contraband by this treaty, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffer, pack, cask, or any other vessel or package found therein, or to remove the smallest particle of the goods, whether such ship belongs to the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, or to the subjects or inhabitants of the said United States of America, unless the loading be brought on shore in presence of the officers of the Court of Admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the Court of Admiralty respectively shall, by a sentence pronounced, have confiscated the same; saving always as well the ship itself, as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being, as it were, infected by the prohibited goods, much less shall they be confiscated as lawful prize; but if not the whole cargo, but only part thereof shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case, the captor having received those goods shall forthwith discharge the ship, and not hinder her by any means from freely prosecuting the voyage on which she was bound; but, in case the contraband merchandise cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeable to what is above directed.
ARTICLE XIX.
On the contrary, it is agreed that whatever shall be found to be laden by the subjects, people, or inhabitants of either party on any ship belonging to the enemy of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, except such goods and merchandise as were put on board the ships before the declaration of war, or even after such declaration, if it so be that it was done without the knowledge of such declaration, so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which as aforesaid were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandise be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties, that the terms of six months being elapsed after the declaration of war, their respective subjects, people, and inhabitants, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.
ARTICLE XX.
And that more effectual care may be taken for the security of the subjects and people of either party, that they do not suffer any injury by the men of war or privateers of the other party, all the commanders of the ships of war and the armed vessels of the said States, of the Seven United Provinces of Holland, and of the said United States of America, and all their subjects and people shall be forbid doing any injury or damage to the other side, and if they act to the contrary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof by reparation, under the pain and obligation of their persons and goods.
ARTICLE XXI.
All ships and merchandise of what nature soever, which shall be rescued out of the hands of pirates or robbers on the high seas, shall be brought into some port of one or the other party, and shall be delivered into the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.
ARTICLE XXII.
It shall be lawful for the ships of war, privateers, or armed vessels of either party, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty or any other judges, nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart and carry their prizes to the place expressed in their commissions, which the commanders of such ships of war, privateers, or armed vessels shall be obliged to show. On the contrary, no shelter nor refuge shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties; but if such shall come in, being forced by stress of weather or the danger of the seas, all proper means shall be vigorously used that they go out and retire from thence as soon as possible.
ARTICLE XXIII.