ARTICLE XXXVII.
No subject of her said Imperial Majesty, shall apply for or take any commission or letters-of-marque for arming any ship or vessels, to act as privateers against the said United States, or any of them, the citizens or inhabitants thereof, or against the property of any of them, from any Prince or State, with which the United States shall be at war; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any commission or letters-of-marque, for arming any ships or vessels to act as privateers against the subjects of her said Imperial Majesty, or any of them, or against their property, from any Prince or State with which her said Imperial Majesty shall be at war; and if any persons of either nation shall take such commission or letters-of-marque, he shall be punished as a pirate.
ARTICLE XXXVIII.
It shall not be lawful for any foreign privateers, not belonging to the subjects of her said Imperial Majesty, or to the citizens or inhabitants of the said United States, which have commissions from any other Prince or State, at war with either of the parties, to fit their ships in the ports of either of them, to sell the prizes which they shall have made, or in any other manner whatsoever to discharge the vessels, merchandises, or any part of their cargoes; neither shall they be allowed even to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.
ARTICLE XXXIX.
To the end that all dissension and quarrel may be avoided and prevented, it is agreed, that in case one of the two parties happens to be at war, the vessels belonging to the citizens and subjects of the other ally, shall be provided with sea-letters or passports, expressing the name and the place of abode of the master or commander of said vessel, to the end, that thereby it may appear, that the vessel really and truly belongs to the citizens or subjects of one of the contracting parties; which passports shall be drawn and distributed according to the form annexed to this treaty. Each time that the vessel shall return she shall have such of her passports renewed, or at least they ought not to be of more ancient date than two years from the time the vessel last came from her own country. It is also agreed, that such vessels being loaded, ought to be provided, not only with the said passports or sea-letters, but also with a general passport, or with particular passports or manifests, or other public documents which are ordinarily given, to vessels which are outward bound, in the ports from whence they have set sail in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and of that of her destination; or instead of all these, certificates from the magistrates or governors of cities, places, and colonies, from whence the vessel came, given in the usual form, to the end, that it may be known whether there are any effects prohibited or contraband on board the vessels, and whether they are destined to be carried to an enemy's country or not. And in case any one judges proper to express in the said documents, the person to whom the effects on board belong, he may do it freely, without however being bound to do it; and the omission of such expression cannot and ought not to be deemed a cause of confiscation.
ARTICLE XL.
The contracting parties grant to each other mutually, the liberty of having, each in the ports of the other, consuls, vice consuls, agents, and commissaries, of their own appointment, whose functions shall be regulated by particular agreement whenever the parties shall choose to enter into one.