vessels and to the owners and freighters of cargoes with which
they shall be loaded, by his temerity in taking and carrying them
in; declaring most expressly the free vessels shall assure the
liberty of the effects with which they shall be loaded, and that
this liberty shall extend itself equally to the persons who shall
be found in a free vessel, who may not be taken out of her,
unless they are military men actually in the service of an enemy.
ARTICLE XII. (p. 079)
On the contrary, it is agreed that whatever shall be found to be
taken by the subjects and inhabitants of either party, or any
ship belonging to the enemies of the other, or to their subjects,
although it be not comprehended under the sort of prohibited
goods, the whole may be confiscated in the same manner as if it
belonged to the enemy; except, nevertheless, such effects and
merchandizes as were put on board such vessel before the
declaration of war, or in the space of six 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 and sale, as also their proceeds, if the claim
could not be made, but in the space of eight months after the
sale, which ought to be publick: Provided, nevertheless, that if
the said merchandizes are contraband, it shall by no means be
lawful to transport them afterwards to any port belonging to
enemies.
ARTICLE XIII.
And that more effectual care may be taken for the security of
subjects and people of either party, that they do not suffer
molestation from the vessels of war or privateers of the other
party, it shall be forbidden to all commanders of vessels of war
and other armed vessels of the said States-General of the United
Netherlands and the said United States of America, as well as to
all their officers, subjects and people, to give any offence or
do any damage to those of the other party; and if they act to the
contrary they shall be, upon the first complaint which shall be
made of it, being found guilty after a just examination, punished
by their proper judges, and, moreover, obliged to make
satisfactio
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