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 gi