The Gazette of the state of South-Carolina — Charles-town [S.C.], 1783-11-20 00:00:00, page 1

By tile United Slates in Congress
Afembied,
A PROCLAMATION.
~ ( Concluded from our hf )
,At. Tg. If on producing the fa ; d certificates, ft
be discovered that the vessel carries feme of the gbods
which are declared to be prohibited or contraband,
and n hich are consigned to an enemy's port, it (hall
Aot however be lawful to break up the hatches of
fach ¥ Itips, nor to open any chett, coffers, packs,
calks or vessels, nor to remove O ' difpiace the fmall
ell part of the merchandizes until the car o has been
landed in the presence of officers appointed for the
purpose, and until an inventory thereof h/s been
taken; ror shall it br hwf u to fell, exchmgo or
alienate "Lie cargo, or any part thereof, ortil legal
process ^ d have been had agaiUl the prohibited
merchandizes, and Ichtecce shall have paUd de
claring them liable to conTrf ation, laving nevertheless
as v ell the f. 1 ps themselves as the other merchandized
width fhJl h^ve been found therein, which by virtue -
of this prefers treaty are to be ettcemed bee, and
which are not to be detained on pretence of their
h ving been loaded with prohibited merchandize,
and much left confiscated as lawful prize. And in
case the contraband merchandize be only a part of
the Cargo and tb^ maser of the vessel agreed, confess
and offers to delf^er them to the vessel, that has dis
covered them, in that case the latt r, after receiving
the merchandizes Which are good prize, shall imme
diately let the vessel go, and 'hull not by am means
hinder her from pit filing hrr voyage to t he dace 0
her detonation. When a vessel is taken and brought
into any of the ports of the contracting parties, if
upon examination the be found to be loaded only
with merchandizes declared to be free, the owner or
be who has made the prize, thall be bound to pay
all cods and damages tc the mailer of the veil'd un
justly detained.
Art. 14. It is likewise agreed, that whatever 'hall
be found to be laden by the fubjedfs of either of the
two contrading parties on a ship belonging to the
enemies of the other party, the whole effects, although
not of the number or those declared contraband, Ihall
be comafcated as if they belonged to the enemy, ex
cepting nevertheless such goods and merchandizes as
were put on board before the declaration of war, and
even fix months after the declaration, after which
term none ftiall be presumed to be ignorant of it,
which merchandizes shall not in ahy manner be fub
je& to confiscation, but shall be faithfully and fpeci
fically delivered to the owners who shall claim or
cause them to be claimed before confiscation and sale,
as also their proceeds if the claim be made within
eight months, and could not be made sooner after the
sale which is to be made public: provided neverthe
]efs, that if the said merchandizes be contraband, it
shall not be in anywise lawful to carry them after
ward to a port belonging to the enemy.
Art. 15. And that more effectual care may be
taken for the security of he two con ratting parties,
that they fuffer no prejudice by the men of war of the
other party, or by privateers, all captains and com
manders of ships of his Swedish Majesty, and of the
United States, and all their fubjeds, shall be forbid
den to do any injury or damage to those of the other
party ; and if they aft to the contrary, having been
found guilty on their examination by their proper
judges, they shall be bound to make fatisfadion for
all damages, and the interest thereof, and to make
them good under pain and obligation of their perlons
and goods.
Art. .16. For this cause, every individual who is
desirous of fitting out a privateer shall, before he
receives letters patent or special commission, be obli
ged to give bond with fufficient fareties, before a
competent judge, for a fufficient sum, ta^nfwer all
damages and wrongs which the owner of the pri
vateer, his officers or otheis in his employ may com
mit during the rruile, contrary to re tenor of this
Ueaty, and contrary to the edicts publi&d by either
THE&
GAZE T\T E
°F THE ,
STATE OF SOUTH-CAROLINA.
CHARLESTON: Printed for A TIMO T H~V N 77 = 1 '
====- _ 1 1 MQI HY, No. 100, Meeting-street
THURSDAY, NOVEMBER 20 , ^
party whether by the King of Sweden or by the
United States, in virtue of this fame treaty, and also
"" Penalty of having the said letters patent
and special commission revoked and made void.
l °°° °' ''" contra aing parties being at
war and the other remaining neuter, if it should
happen that a merchant thip of the neutral power be
taken by the enemy of the other party an d be after
wards retaken by a flu, of war or privateer of the
powjr at war, also ship s and merchandizes of what
naurefoever they may be when recovered from a
ptrate or s ea rove r, shall be brought into a port of
one of the t^o powers and shall be committed to the
cukooy of the officers of the said port, that they may
be re cred entire so the true proprietor as & J
he malt have produced full proof of the property,
tleruuancs, makes and owners of ships, famen,
people of al forts, ships and vessels, apd in general
.'7'":Tu" d *"" ° f one of the allies or
'i^'?' ^c °°u' ^ ' bjea to emb "^ nor de
d in any or the countries, territories, islands
P °"' " vers ° r domains whatever of
the other ally on account of any military expedition
or any public or private purpose whaler,'by fX
ft'. y °! by a °y ^ch manner; much left)
Had it oe lawful for the fubje&s of one of the parties
; : ' ze °: '" ^ th ^ byforce fiom ^ f^s
^ the o her party without the confect of the owner,
ft however 1s not to be understood to comprehend
detentions and arrells, made by order and by
tue authority o f^face and according to the ordinary
"° f ?',° e °' s or faults of the fubjed, for which
process shall be had in the way of r @ according to
trie forms of justice. b"
, 9"' ? ''"" happen that the two con
ruling parties should be engaged in a war at the
h °° mm ° n enem y, the following
points shall be observed on both sides.
nt. 1! the ships of one of the two nations retaken
bv the privateers of the other have not been in the
po^er of the enemy more chan 2 4 hours, they
shall oe reared to the original owner on payment
of one third of the value of the ship and cargo. If
on the contrary the vessel retaken has been more than
^rt/ 0 " "°" rs ""~ P GW ^ of the enemy, it
shall belong wholly to him who has retaken it.
. 2d ' '" ,', during the interval of twenty-four
hours, a vessel be retaken by a man of war of either
of the two parties, it shall be restored to the original
° w ° er °° payment of a thirtieth part of the value of
the vessel and cargo, and a tenth part, if it has been
^ e ^ !" ak ". a '" r the twent Hour hours, which sums
fhai ne distributed as a gratification among the crew
of the men of war that shall have made the recapture.
m "he prizes made in manner above-mentioned
shall be restored to the owners after proof made of
the property, upon giving security for the part
coming to him who has recovered the vessel from the
hands of the enemy.
4th. Ihe men of war and privateers of the two
rations shall reciprocally be admitted with their
prizes into each others ports; but the prizes shall
not be unloaded or fold there until the legality of a
prize made by Swedish ships shall have been'deter
mined according to the laws and regulations establish
ed in Sweden, ^ also that cf the prizes made by
American vessels shall have been determined accord
ing to the laws and regulations etiabhihed by the
United States of America.
gib. Moreover the king of Sweden and the Uni
ted States cf America, shall be at liberty to make
such regulations as they shall judge necessary refpec
tingthe condua which their men of war and privateers
rclpedively shall be bound to observe with regard to
v^fiels which they shall take and carry into the ports
of the two powers. r
Art. 19. The ships of war of his Swedish %.
jetty and those ^ the United States, and also 11 ,fe
which their fubje&s shall have armed for war, , d ,
with all freedom conduct their prizes which they f^
have made from their enemies into the ports whi?
are open in time of war to other friendly nations, and
the laid prizes upon entering the said ports shall not
be fubjett to aneft or leisure, nor shall the officers
of the places take cognizance of the validity of the
laid prizes, which may depart and be conduced
freely and with all liberty to the places pointed out
which the captains of the said
vessels shall be obliged to fuew.
% '" case " y vefcl belonging to either
:° '° ''" ' u ^ ts mall be Branded,
k ' h d T '""" any ° ther dama ^ e 00 the co ^s
Xt" ^ °""^°° ° f ei ' her of the P arcies > all
:t:: d / ffifta T ' ailbe ^ ven to the p erf ° ns ^p
wh° "" y be ™ da °^ er thereof > and Pur
ports shall be granted to them to secure their return
^7' "T n ' % The fci P s and Merchandizes
wrecked, or their proceed , if the effefts have been
Mold, being claimed in a year and a day by the own
^T"^' ffi ^ be ^^on their paying
the colts ? salvage, conformable to the laws and
customs of the two nations.
Art. 21. When the fubjeds and inhabitants of the
two parties, with their ve fl e l s , whether they be pub
lic and equipped for w r, or private employed in
ommerce, shall be forced by tempest, by pursuit of
',ff ee " and ° f enemies , or by any other urgent
necessity, to retire and enter any of the rivers, t
roads or ports of either of the two parties, thcy shall
be received and treated with all humanity and pobte
"" ^"f^y a!1 "iendlhip, proteaion
and assistance, and they shall b e at liberty to supply
them.elves with refcefhments, provisions and every
hing necessary f^ ^ r finance, for the repair of
'' a ° d f ° r con "^ n g th eir voyage; tyrc
,fry: " th %P^*^^P^
t o ) not in ey ^„ei be drained or hindered
from fading out of the said p o , ts or Loads, but they
may retire and depart when and as they please wuh
out any ooftede or hindrance.
/at, zz. 1. cr^r to favour commerce on both
sides as much as potable, it is agreed, that in case
:r°'^ ^'* "" be ™ een the f ^d two hationi
which God forbid, the term of nine months after the
declaration of war, man be allowed to the merchant
2nd fubjec^ relpedively cn one fide and the other
in order that they may withdraw with their erF^
and movers, which they shall be at liberty to carry
^''i" ^^^ '"'>’ ? le ^' Without" the 1 ^
obkacle; nor fmdl any ferze their effeds and n^h
left then perlons d ? % the said nine months; but
on the corurary, pallports which shall be valid for
a time nectary for their return, shall be given them
for their vessels and the effects which they shall be
wilhngto carry with them. And if anv thing is
taken from n, cra , or rs any ty ucy js do y e ^ _
by one of the parties, their people and fubjeds da
f"^ "° ve d °'" i " d) fu " and entire '^is
fafhon shad be made to them on that account. The
abovementioned passports shall also serve as a fate
cond^ agarnit all inlets or prizes which privateers
may attempt againfttheir persons and effects,
bk. V' ^, ub j e ^ of the King of Sweden shall
take a commission or letters of marque for arming
'" " a '"""" a ^ in " the United
'"""^ ° r an x of them , or against the
^bjetfy people or inhabitants of the said United
States or any of them, or against the property ^ the
inhabits of the fad States, f rom 'fo or
Gate whatever, ,^ h whom the said United States
^11 b e at war. Nor shall any citizen, fufe or
inhabitant of the said United States, or any of them
apply for or take any commission or letters of marque
Tk^'^"™rn ny '?''' '° "'"" against the fubjedts
of his Swedish Majesty cr any of them, or their pro
?"%'^ ^ '"'''° r rtate whatever with whom
his said Iv.ajrrty I^ll be at war. And if any person
of either nation shall take such commission or letters
of marepe he shall ie punished as a pirate.
Art. 24. The vessels of the fubjeds of either o£
the parties coming upon any of the coasts belonging
to the other, but not willing to ehter into port', ' or
being entered into port, and not willing to unload
their cargoes or to break bulk, shall not be obliged
to do it, but on the contrary shall enjoy all the
franchises and exemptions which are granted by ths
lulcs fulfilling with refpeft to that object.
(F, r ^ remainder fa the last page.)
No. 2177.