ence 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