If, by exhibiting the sea-letters and other documents, the other party shall discover there any of those sorts of goods, which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks, or other vessels found therein, or to remove the smallest parcel of the goods, unless the lading be brought on shore in presence of the officers of the Court of Admiralty, and an inventory thereof be made; but there shall be no allowance to sell, exchange, or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the Court of Admiralty by a sentence pronounced shall have confiscated the same, saving always as well the ship itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize. But, on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover any there, he shall be condemned in all the charges and damages, which he shall have caused, both to the owners of the vessels, and to the owners and freighters of the cargoes with which they shall be loaded, for his temerity in taking and carrying them into port; it being declared most expressly, that free vessels shall assure the liberty of the effects with which they shall be ladened, and that this liberty shall extend itself equally to the persons who shall be found in free vessels, although they are enemies to both, or either party, who may not be taken out of her unless they are military men actually in the service of an enemy.
ARTICLE XXXIII.
On the contrary, it is agreed, that whatever shall be found to be ladened by the citizens and subjects of either party, on any ships belonging to the enemies of the other, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated as if it belonged to the enemy; excepting always such effects and merchandises as were put on board such vessel before the declaration of war, or in the space of —— months after it; which effects shall not be in any manner subject to confiscation, but shall be faithfully, and without delay, restored in nature to the owners who shall claim them, or cause them to be claimed before the confiscation or sale; and, if they should not be claimed before then, the proceeds thereof shall be restored, provided they are duly claimed within —— months after the sale, which shall always be public. Nevertheless, if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to the enemies of the other ally.
ARTICLE XXXIV.
And under this denomination of contraband or merchandises prohibited, shall be comprehended only ——. All other effects and merchandises not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or by sea, shall not be adjudged contraband, neither by the letter nor according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband; so that all effects and merchandises, which are not expressly before mentioned, may, without any exception and in perfect liberty, be transported by the citizens and subjects of both allies from and to places belonging to the enemy of the other, excepting only the place, which at the same time shall be blocked, as described in the article of this treaty.
ARTICLE XXXV.
All vessels and merchandises of whatever nature, which shall be rescued out of the hands of any pirates or robbers navigating the high seas without requisite commissions, shall be brought into some port of one of the two States, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprietors, as soon as due and sufficient proofs shall be made concerning the property thereof.
ARTICLE XXXVI.
It shall be lawful, as well for the ships of war of the two contracting parties, as for the private armed vessels belonging to their respective citizens and subjects, to carry whithersoever they please, the ships and goods taken from their enemies; neither shall they be obliged to pay anything to the officers of the Admiralty, or to any other judges or persons whatever; nor shall the aforementioned prizes, when they come to and enter the ports of the said States be detained by arrest, or be subject to any search or visit; nor shall the validity of the capture be questioned; but they may come to sail, depart, and carry their prizes to those places, which are mentioned in their commissions, which the commanders of such ships of war, or private armed vessels shall be obliged to show, if required. On the contrary, no shelter or refuge shall be given in the ports of one of the parties to such as shall have made a prize upon the citizens and subjects of the other party, and if, perchance, such ships shall come in, being forced by stress of weather, or the danger of the seas, they shall be obliged to depart as soon as possible.