In like manner, the said United States and their ships of war, sailing under their authority, shall protect and defend, in conformity with the preceding article, all the vessels and effects belonging to the subjects of his Danish Majesty, and shall use all their efforts to recover and cause to be restored the said vessels and effects, which shall have been taken within the extent of the jurisdiction of the said States, and each of them.
ARTICLE VI.
It is agreed and determined that every merchant, captains of merchant vessels, or others, his Danish Majesty's subjects, shall have entire liberty in all places within the dominions and jurisdiction of the United States of America, to manage themselves, their own affairs, and to employ whomsoever they please to manage them, and they shall not be obliged to make use of any interpreter or broker, nor to pay them any fee, unless they make use of them; and with respect to the time and manner of loading or unloading their ships and whatever belongs to them, they shall always be considered and treated as the most favored nations, and shall pay no fee or salary, which the said nations are not bound to pay in similar cases. The citizens, inhabitants, and subjects of the United States of America shall reciprocally have and enjoy the same privileges and liberties in all the places belonging to his Majesty, the King of Denmark and Norway.
ARTICLE VII.
Whenever one of the contracting parties shall be at war with other powers, the communication and free commerce of the subjects of the other party with the States of the said powers, shall not on that account be interrupted. On the contrary, in this case it is agreed and stipulated, that every ship and vessel of the neutral party may freely navigate from port to port, and on the coasts of the States at enmity with the other party, and that the vessels and ships being free, shall likewise secure the liberty of merchandise; so that everything shall be judged free which shall be found on board of the vessels belonging to the subjects of one of the contracting parties, although the loading, or part of it, should belong to the enemies of one of them; it being, nevertheless, well understood, that contraband goods shall be always excepted; and it is also agreed, that this same liberty shall extend to the persons of such as shall be found on board of the free vessel, even though they should be enemies of one of the two contracting parties, and they shall not be taken from on board the said vessels, unless they are military characters, and actually in the service of the enemy.
ARTICLE VIII.
The merchant vessels of one of the two contracting parties, coming either from a port belonging to the enemy, or from their own, or a neutral port, and navigating towards a port of an enemy of the other, shall be bound every time they shall be required, to exhibit, as well on the high seas as in port, their passports, or sea letters, and other public documents, which shall expressly prove that their loading is not of that kind, which is prohibited as contraband; it being well understood, nevertheless, that in all cases, where such merchant vessels shall be escorted by one or more vessels of war, the simple declaration of the officer commanding the convoy, that these vessels do not carry any contraband goods, shall be considered as fully sufficient, and they shall not require to examine the papers of the escorted vessels.
ARTICLE IX.
It shall no sooner be found by the sea letters, passports, or other public documents, or by the verbal declaration of the commanding officer of the convoy, that the merchant vessels are not laden with contraband goods, than they shall be at liberty to continue their voyage without any hinderance; but if, on the contrary, the exhibition of the said passports or other documents, in case the vessels are not escorted, tends to discover that the said vessels carry merchandise reputed contraband, consigned to an enemy's port, it shall not, however, be permitted to break open the hatches of the said vessels, nor to open any chest, case, trunk, bale, package, or cask, which shall be found on board, or to displace or overturn the least part of the merchandise, whether the vessel belongs to his Danish Majesty's subjects, or to the citizens or inhabitants of the United States, until the cargo has been landed in presence of the officers of the Courts of Admiralty, and that the inventory has been made of it. And it shall not be permitted to sell, exchange, or alienate the merchandise reputed contraband, in any manner whatever, before trial has been held and legally finished, to declare them contraband, and that the Courts of Admiralty shall have pronounced them confiscated, without any prejudice, nevertheless, to the vessels or to the merchandise, which by virtue of the treaty shall be considered free. It shall not be permitted to retain these merchandises under pretence, that they have been intermixed with the contraband merchandise, and still less confiscate them as legal prizes. In case where a part only, and not the whole of the loading, shall consist of contraband merchandises, and that the commander of the vessel consents to deliver them up to the privateer, which shall have discovered them, then the captain, who shall have made the prize, after having received the merchandise, must immediately release the vessel, and shall not in any wise prevent the continuation of his voyage; but in case the contraband merchandise cannot all be taken on board the captor, then the captain of the said vessel shall be at liberty, notwithstanding the offer to deliver the contraband goods, to conduct the master to the nearest port, in conformity to what is prescribed above.