174 TREATY WITH PRUSSIA. 1799. their legality shall have been decided according to the laws and rcgula. tions of the state to which the captor belongs, but by the judicatories of the place, into which the prize shall have been conducted. 4. It shall be free to each party to make such regulations as they shall judge necessary, for the conduct of their respective vessels of war, public and private, relative to the vessels, which they shall take, and carry into the ports of the two parties. ARTICLE XXII. The ships of When the contracting parties shall have a common enemy, or shall ‘“°',1°2,°°°0E‘-fp both be neutral, the vessels of war of each shall upon all occasions take igcsvgssgg of under their protection the vessels of the other going the same course, the other. and shall defend such vessels as long as they hold the same course, against all force and violence, in the same manner as they ought to protect and defend vessels belonging to the party of which they are. ARTICLE XXIII. Regulations for If war should arise between the two contracting parties, the merchants ¤<:,¥¢;¤l¤$ **16 of either country, then residing in the other, shall be allowed to remain zag5g0g,;" nine months, to collect their debts and settle their affairs, and may two parties. depart freely carrying oil` all their effects, without molestation or hindrance, and all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers and fishermen, unarmed and inhabiting unfortilied towns, villages or places, and in general all others, whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt, or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price. ARTICLE XXIV. And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crouding them into close and noxious places, the two contracting parties solemnly pledge themselves to the world and to each other, that they will not adopt any such practice; that neither will send the prisoners, whom they may take from the other, into the East-Indies or any other parts of Asia or Africa, but they shall be placed in some parts of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs, that the officers shall be enlarged on their paroles within convenient districts, and have com— fortable quarters, and the common men be disposed in cantonments open and extensive enough for air and exercise, and lodged in barracks as roomly and good as are provided by the party in whose power they are, for their own troops; that the officers shall also be daily furnished by the party in whose power they are, with as many rations, and of the same articles and quality as are allowed by them, either in kind, or by commutation to officers of equal rank in their own army; and all others shall be daily furnished by them, with such ration as they shall allow to a common soldier in their own service; the value whereof shall be paid by the other party on a mutual adjustment of accounts fitr the subsistence of prisoners at the close of the war; and the said accounts shall not he mingled with or set oil`, against any others, nor the balances due
