ARTICLE XVI.
It shall be lawful for the merchants on the one part and on the other, to keep in the places of their abode, or elsewhere, books of their accounts and affairs, and also to maintain an intercourse of letters in any language they please, without being liable to any restraint in these respects. Nor shall they be obliged to show their books or papers to any person whatever, unless it be in the course of justice; and if it should become necessary for them to produce their books or papers for deciding any controversy, in such case, no other articles or parts thereof shall be shown, than such as shall relate to the matter in question, or shall be necessary to give credit to the same books and papers. And it shall not be lawful under any pretence, to take the said books or papers forcibly out of the hands of the owners, or to retain them; the case of bankruptcy always excepted.
ARTICLE XVII.
If any bankruptcies shall happen in Russia, in which any of the citizens of the United States shall be interested, either as creditors or debtors, the creditors shall assemble under the authority of the College of Commerce, and the major part of them, as well with respect to number as to the value of their demands, shall name three or more persons, from among themselves or elsewhere, trustees, who shall take possession of all the effects movable and immovable of such bankrupt, and of his books and papers, and shall examine the same to discover the state of his affairs, and they may decide upon the claims of any one pretending to be a creditor of such a bankrupt, if his claim shall be questioned by any other creditor in whole or in part; and the decision of the major part of such trustees thereupon, shall be final and binding upon all the creditors. The trustees shall have full authority also to demand and receive all debts due to the bankrupt, to sell and dispose of his effects movable and immovable, and shall distribute with all convenient speed the proceeds thereof among all the creditors, in a just proportion to their respective demands and credits, as finally settled and allowed by the trustees, without any preference whatever among the creditors, on account of the different nature of their demands. It is to be understood always, however, that when any immovable estate of the bankrupt shall have been mortgaged and pledged to any creditor, such creditor shall receive the full of his debt before the same estate shall be taken out of his possession and sold for the profit of the other creditors. But, as to movable effects, no right of pledge shall be admitted, unless the thing claimed by any creditor as a pledge for his debt, shall have been actually delivered to him before the bankruptcy was committed, and shall have remained constantly in his hands; in which case, he shall also be paid the whole of his just debt, before he shall be dispossessed of such pledge to be sold for the benefit of the creditors in general. The trustees shall make a report to the College of Commerce in what state they have found the books, papers, and affairs of the bankrupt, and by what means he has failed, and, if they declare him to be an honest man, he shall be immediately discharged.
ARTICLE XVIII.
To multiply the ties, and to establish a more intimate and friendly intercourse between the citizens and subjects of the contracting parties, it is agreed, that whenever any citizen of the United States, resident in any part of Russia, shall associate and enter into partnership with any Russian merchant, he shall thereby acquire and be entitled, for so long time as the said association and partnership shall be continued, all the rights, liberties, privileges, immunities, and exemptions, in navigation, trade, and commerce, of a native subject of Russia. And on the other hand, whenever any Russian merchant resident in any of the territories of the United States, shall associate, and enter into partnership, with any merchant or citizen of the United States, he shall thereby acquire and be entitled to enjoy, for so long a time as the said association and partnership shall be continued, all the rights, liberties, privileges, immunities, and exemptions in navigation, trade, and commerce, of a native citizen of the United States. But the said citizens and subjects, on the one part and on the other, shall not be subjected on such account to any tax or imposition whatever, and they shall also be exempt from all burdens, charges, and services, of what nature soever, which are peculiar to native citizens, and subjects, and burghers, and are not exacted from the most favored nations.
ARTICLE XIX.
All necessary precaution shall be taken, that the brack be trusted to persons of known ability and probity, and the brackers shall be responsible for the quality of the goods, and fraudulent package, and shall be obliged after sufficient proofs produced against them, to make up the losses occasioned by their negligence or fraud. The officers of the customs shall have the charge of examining the clerks or servants of the American merchants residing in Russia, when they cause their goods to be entered, whether they have the orders of their masters in writing for that purpose, and if they have not, they shall not be credited, nor shall their masters be responsible for any entries their clerks or servants may cause to be made in their names, without their orders in writing for the same.