ven, 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.

ARTICLE XLI.

For the better promoting commerce on both sides, it is agreed that if
a war should break out between the contracting parties (which may God
prevent) the term of twelve months, to commence from the day of the
publication of a proclamation by the sovereign authority of the State
to be made for that purpose whenever it shall be judged proper, shall
be allowed to the citizens and subjects of each part residing within
the dominions of the other, in which they themselves may retire,
together with their families, goods, and effects, and carry them
whithersoever they please; and for this end, passports and safe
conducts shall be freely granted to them, as well for their persons as
for their vessels and other effects, for some convenient ports of
their respective countries, and for a time necessary for the voyage;
and likewise during the said term, the selling and disposing of their
effects, both movable and immovable, shall be allowed to them freely,
and without any molestation; and also their goods and effects of every
sort, and more especially their persons, shall not be detained or
troubled by arrest or seizure, except it be in a due course of justice
on account of debts or crimes, but rather in the meantime, they shall