{5g TREATY WITII SPAIN. 1795. made out according to the form inserted in this present treaty, and the ship when she shall have shewed such passports, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chace in any manner, or force her to quit her intended course. ARTICLE XIX. Consuls. Consuls shall be reciprocally established, with the privileges and powers which those of the most favoured nations enjoy, rn the ports where their consuls reside or are permitted to be. ARTICLE XX. Courts nfjns- It is also agreed that the inhabitants of the territories of each party
- i¤°,l9 be 01);** shall respectively have free access to the courts of justice of the other-,
- ‘;fQz
- 3g,$ and they shall be permitted to prosecute suits for the recovery of their
properties, the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue be subjects or citizens of the country in which they may be found, or any other persons whatsoever, who may have taken refuge therein; and the proceedings and sentences of the said courts shall be the same as if the contending parties had been subjects or citizens of the said countr . y ARTICLE XXI. Compensation In order to terminate all dilierences on account of the losses sus- W9 be madcw tained by the citizens of the United States in consequence of their ves- ,‘f£€n‘;°:{cEf‘ sels and cargoes having been taken by the subjects of his Catholic tures olvessels Majesty, during the late war between Spain and France, it is agreed by Smnish that all such cases shall be referred to the final decision of commis- '“b·l°°"' sioners to be appointed in the following manner. His Catholic Majesty shall name one commissioner, and the President of the United States, by and with the advice and consent of their Senate, shall appoint another, and the said two commissioners shall agree on the choice of a third, or if they cannot agree so, they shall each propose one person, and of the two names so proposed, one shall be drawn by lot in the Commission, presence of the two original commissioners, and the person whose name ers to ascertain shall be so drawn, shall be the third commissioner: and the three com- 'h° “”'“°· missiouers so appointed, shall be sworn impartially to examine and decide the claims in question, according to the merits of the several cases, and to justice, equity, and the laws of nations. The said commissioners shall meet and sit at Philadelphia: and in the case of the death, sickness, or necessary absence of any such commissioner, his place shall be supplied in the same manner as he was lirst appointed, and the new commissioner shall take the same oaths, and do the same duties. They shall receive all complaints and applications authorized by this article, during eighteen months from the day on which they shall assemble. They shall have power to examine all such persons as come before them on oath or affirmation, touching the complaints in question, and also to receive in evidence all written testimony, authenticated in such manner as they shall think proper to require or admit. The award·of the said commissioners, or any two of them, shall be final and conclusive, both as to the justice of the claim and the amount of the sum to be paid to the claimants; and his Catholic Majesty undertakes to cause the same to be paid in specie, without deduction, at such times and places, and under such conditions as shall be awarded by the said commissioners. ARTICLE XXII. The two high contracting parties, hopping that the good correspond ence and friendship which happily reigns between them, will be furthe.
