Star. — London, England, 1801-01-15 00:00:00

I! J' STATE PAPER. 'MATT 1311• AMITY AND COMMERCE, EITWEEN NIS worry THE KING OF TRUBMIL, AND THE UNITED STATES OF AMCILICAo His Massey the Ease of Paussiu, and the United States of Amain, &firing to maintain a (table and permanent foot ing, the connedions of good understanding which have hitherto to happily fubfifted between their mf;eCtive States, and for this purpofe to renew the Treaty of Amity and Com merce concluded between the two Powers, at the Hague, on the teth of September 5785, for the term of ten years, his Payssian Me7zsiv has nominated and conftituted u his PlanipotMsdaties, the Count CIIIIRLRS WILLIAI4 DI Fsma, • ass rclY2 his Minifter of State, of War, and of the Cabinet, Knight of the orders of the Black aglc, and of the Red Eagle, and Commander of that of St. John of Jcrufalem, the Baron PHILIP CHARLES D'ALVERSLELEN, his Minifter of State, of War, and of the Cabinet, Knight of the Orders of the Black E agle, and of the Red Eagle, and that of St. John of Jerufalem, and the Count CHRISTIAN HENS? CURT.DZ HAU4WITZ, his Minittee of State, of War, and of the Cabi net, Knight of the Orders of the Black Eagle, and of the Red Eagle; and the Prefident of the United States has fur nifhed with their full powers, JOHN gel Nee ADAMS, a citi zen of the United States,,aa their Mutate: Plenipotentiary at the Court of his PRUSSIAN MAI/ATV. Which Plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded, fettled, and flatted the fettowbg articles : Art. I. There fhall be in future, as there has , been hitherto, a firm, inviolable, and univerfal peace, a !inters friendthip, between his Maje ft y the letmo of Pauses*, his heirs, fucceffors and fub jeas, on the one part, and the United States of America, and their citizens on the other, without exception of perfons or places. 11. The fubjeas of his Majefty, the King of • Pruffia, may frequent all the coafts and countries of the United States of America, and refide and trade there, in all forts of produce, manufaaures and merchandize, and fhall pay there no other or greater duties, charges, or fees whatfcever, than the moft favoured nations are or !hall be obliged to pay. They fhall alto enjoy, in navigation and commerce, 411 the rights, privileges and eiemp 'ions, which the moll favoured nation does or !hall enjoy, fubmitting themfelves neverthelefs to the efiabliffied laws and ufitges, to which are rub mitted the citizens of the United States and the molt favoured nations. 111. In like manner the citizens of the United States of America may frequent all the coatis and countries of his Majetty the King of Pruffia, and refide and trade there, in all forts of produce, ma nufadures and merchandize, and trail pay in the dominions of his Paid Majelly, no other or greater duties, charges or fees whatever, than the moll favoured nation is or fhall be obliged to pay ; and they fhall enjoy all the rights, privileges and ex emptions in navigation and commerce, which the ma favoured nation does or fhall enjoy; fubmit ting themfelves neverthelefs to the eftablifled laws' and ufages to which are fubrnitted the fubjeds of his Majelly the King of Pruffia, and the fubjeds and citizens of the molt favoured nations. IV. More efpecially, each party !hall have right to carry their own produce, manufadires and merchandize, in their own or any other veffels, to any parts of the dominions of the other, where it !hail be lawful for all the fabjeds and citizens of that other freely to purchafe them, and thence to take the produce, manufa&ures, and merchandize of the other, which all the raid citizens or fubjeas null in like manner be free to fell them, paying in both cafes, fuch duties, charges, and fees only, as are or fhall be paid, by the molt favoured nation. Neverthelefs, his Majeffy the King of Pruflia and the United States, refpeEtively, referee to them. felves the right, where any nation retrains the tranfportation of merchandize to the veßels of the country, of which it is the growth or manufalture, to ellablifh agairdt fuch nation retaliating regula tions ; and alfo the right to prohibit in their re. fpeltive countries the importation and exportation of all merchandize whatfoever, when reafons of State lball require it. In this cafe, the fubjelts or • citizens of either of the contrading parties Mall not Import or export the merchandize prohibited by the other.. But if one of the contmding parties permits any other nation to import or export the fame merchandise, the citizens or fubjefis of the other fhall immediately enjoy the fame liberty. V. The merchants, commanders of velrels, or other fubjefis or citizens of either party, Mall not, within the ports or jurifdietion of the other, be forced to unload any fort of merchandize into any other veffels, nor receive them into their own,nor to wait for their being loaded longer than they pleafe. VI. That the veffels of either party, loading within the ports or jurifdiLion of the other, may not be ufelefsly haralred, or detained, it is agreed, that all examinations of goods, required by the jaws, fhall be made, befo — re they are laden on board the veirel, and that there fhall be no exami nation after; nor !hall the veffel be fearched at any time,unlefs articles (hail have been laden there in clandeftinely and illegally, in which cafe the perfon by whole order they were carried on board, or who carried them without order, fhall be liable to the laws of the land in which he is, but no other perfon !ball be molefiesi, nor fliall any other goods, nor the veffel be feized or detained fdr that caufe. VII. Each party flt:11 endeavour by all the means in their power to prote& and defend all vat fels and other areas belonging to the citizens of fubjeas of the other, which than be within theme. tent of their pti ifilietion by tea or by land; sad !hall ufe all their efforts to recover, and eaufe to be reflored to the r;gl:t owners, their veffels and their effeas, which 01411 be taken from them with-1 in the extent of their faid jurifdiaion. VIII. The veffels of the fubjeas or citizens of either party, coming on any coati, belonging to the other, but not willing to enter into port, or who entering into port are not willing to unload' their cargoes or break bulk, 'hall have liberty to detart, and to purfue their voyage, without ma. !elation, and without being obliged to render ac count of their cargo, or to pay any duties, charges or fees whatfoever ' except eflablifised for vefrels entered into port, and appropriated to the mainte nance of the part Kell, or of other ellablifbments for the fafety and convenience of navigators, which duties, charges, and fees Mall be the fame, and ball be paid ou the fame footing, as in the cafe of fubjeas or eh:kens of the country, where they are eaablifhed. IX. When any veifel of either party (hall be , wrecked, foundered, or otherwife damaged on the coafts or within the dominions of the other, their rerpeaive citizens or fulieds (hall receive, as well for themfelves as for their veffels and effeds, the fame. Alliance which would be due to the in habitants of the country where the damage hap pens, and flail pay the fame charges and dues only as the raid inhabitants would be fubjed to pay in a like cafe ; and if the operations of repair (hall re quire that the whole or any part of the cargo be unloaded, they fhall pay naduties, charges orf.ees upon the part which they (hall reload and carry away. The ancient and barbarous right to wrecks of the lea, shall be entirely abolifhed, with rerped to the f ubjeas or citizens of the two coutra(ting parties. X. The citizens or lubjeds of each party (hall have power to difpofe of their perfonal goodt with in the jurifdiaion of the other, by teftament, do nation, or otherwife, and their reprefentatives, ing fubjeas or citizens cf the other party, &Arne.; teed to their Paid perfonal goods, whether by tef-, tament, or a 6 intr . /lab ' and may take polfeiliOn thereof, either by the mfelves or by others aifting for 'hem, and difpofe of the fame at their will, pay ing fuch dues only as the inhabitants of the, coun try, wherein the Paid goods ale, (hall be fubjta to pay in like cafes. And in cafe of the abfence of the reprefentative, fuch care ( ball be taken of the Paid goods as would be taken of the goods of a na. tive in like cafe, until the lawful owner may take meafures for receiving them. And if queftion fhould arife aniong feveral claimants, to'which of them the raid goods belong, the fame (ball be de cided finally by the laws and judges of the land wherein the raid goods arc. And where, on the death of any perfon, holding real eftate, within the territories of the one party, fuch real eftate would, by the laws of the land, defcend on a ci tizen or Cubic& of the other, were he not difquali fied by alienage, fuch fubjed (hall be allowed a reafonable time to fell the fame, and to withdraw the proceeds, without moleflation, and exempt from all rights of detradion on the part of the Go vernment of the reitiedive States. But this article not derogate in any mrnner from the force of the laws already publifhed, or hereafter to be publifhed by his Majefty the King of Pruffia, to prevent the emigration of his fubjeas. XI. The moft perk& freedom ofconfcience and of worfhip is granted to the citizens or fubjeits of either party, within the jurifdidion of the other, and no perfon (hall be molded in that refpea, for any caufe other than an infult on the religion of , others. Moreover, when the fubjeas or citizens of the one party (ball die within the jurirdiaion of the other, their bodies (hall be buried in the ufual burying grounds, or other decent and fuitable places, and (ball be proteaed from violation or difturbance. _ XII. Experience having proved, that the prin ciple adopted in the twelfth article of treaty of 1785, according to which free (hips make free goods, has nut been fufficientlyrefpeEted during the two la ft wars, and efpecially in that which hill continues, the two contrading parties propofe, after the return of a general peace, to agree either feparateltr between themfelves, or jointly with other Powers alike interefted, to concert with the great maritime Powers of Europe, fuch arrange- I ments and fuch permanent principles as may terve to confolidate the liberty and the fafety of the neu tral navigation and commerce in future wars.-- And if, an the interval, either of the contraiting parties fhould be engaged in a war, to which the other Ihould remain neutral, the (hips of war and privateers of the belligerent Power fhall condua themfilves towards the merchant vefrels of the neutral Power as favourably as the courfe of the war then exifting may permit, obferving the prin ciples and rules of the law of nations, generally acknowledged. XI 11. And in the fame cafe of one of the con trading parties being engaged in war with any other Power, to prevent all the difficulties and mifunderflandings that nfually arife refpeiting mcrchandize of contraband, fuch as arms, ammu nition, and military Wires of every kind, on fuch articles carried in the veffels, or by the fubjees or citizens of either party, to the enemies of the other, (ball be deemed contraband, to as to induce confif: cation or.condemnation, and a loft of property to individuals. Neverthelefs, it (hall be lawful to flop fuch veffels and articles, and to detain them for fuch length of time as the captors may think neceffary to prevent the inconeenrence, or damage that might cnfue from their proceeding, paying, however, a reafonable compenfation for the !ifs fuch arreft (hall occafion to the proprietors ; and it (hall further be allowed to ufe in the fervice of the captors the whole or any part of the military (tones fo detained, paying the owners the full va lue of the fame, to be afcertained by the current price at the place of its dellination. But in a cafe fuppofed of a reel flopped for articles of contra band, if the mailer of the veffel (topped will deli ver out the goods fuppo4bd to be of contraband nature, he (hall be admitted to do it, and the vef fel that' not in that cafe be carried into any port, nor further detained, but (ball be alloived to pro ceed on her voyage. All cannons, mortars, fire-arms, piftols, bombs, grenades, hullos, balls, mufkets, flints, matches, powder, faltpetre, fulphur, cuiraffes, pikes, (words, belts, cartouch-boxes, (addles and bridles, beyond the quantity necelfary for the ufe of the (hip, or beyond that which every man (erring onboard the veil, or paffenger, ought to have ; and in general whatever is comprifed under the denomination of arms and military (bares of what defcription foever, (hall be deemed objeas of contraband. XIV. To enfure to the veffels of the two con- 1 trafting parties, the advantage of being readily and certainly known in time of war, it is agreed, that they (hall be provided with the fea-letters and documents hereafter fpecificd : s. A paffport, exprefling the name, the proper ty and the burthen of the veld, as alfo the name and dwelling of the mailer, which paffport (hall be made nut in good and due form, (hall be re- Inewed as often as the relief Mall return into port, and hall be exhibited whenfoerer tequired, as well in the openlea as in port. But if the veffel be under convoy of one or more veffels of war, be longing to the neutral party, the fitople declara tion of the officer commanding the convoy, that the faid vefrel belongs to the party of which he is, (hall be confidered as eflablifhing the fart, and (hall relieve both parties from the trouble of fur ther examination. 2. A charter party, that is to fay, the contrail paired for the freight of the whole veffel— or the bills of lading given for the cargo in detail. 3. The lilt of the Ihip's company, containing an indication by name, and in detail, of the perfons compofing the crew of the veffel. There docu ments Sall always be authenticated according to the forms eflablithed at the place from which the veffel (hall have failed. As their Production ought to be exalted only when one of the contrafting parties (hall be at war, and is their exhibition ought to have no other jeet than to prove the neutrality of the veffel, its cargo and company, they (hall not be deemed ab folutely neceffary on board fuch veirels, belonging to the neutral party, as (hall have failed from its ports, before or within three months after the Government (hall have been informed of the Rate of war, in which the belligerent party than be en gaged. IA the interval, in default of there fpeci tic documents, the neutrality of the veffel may be eflabliffied by fuch other evidence, as the tribu nals authorifed to judge of the cafe may deem fuf &dent. XV. And to prevent entirely all diforder and violence in fuch cafes, it is ftiptilated, that when the velrels of the neutral party, failing without convoy, Sall be met by any velfel of war, public or private, of the other party, fuch veffel of war (hall not fend more than two or three men in their boat on board the laid neutral veal, to examine her pafrport and documents. And all perfons be longing to any veffel of war, public or private, who molell or infult in any manner what ever, the people, vac's or effefts of the other party, (hall be refponfible in their perfons and pro perty for damages and interefi, fufficient fecurity for which (hall he given by all commanders of private armed veffels before they are commiflioned. XVI. In times of war, or in cafes of urgent ne ceffity, when either of the contracting parties (hall be obliged to lay a general embargo, either in all' its ports or in certain particular places, the veffels of the other party Sall be fubjeft to this meafure, upon the fame footing as thole of the molt favour ed nations, but without having the right to claim the exemptioneln their favour, Ripulated in the 16th article of the former treaty of 1785. But on the other hand, the proprietors of the veffels which (hall have been detained, whether for come mili tary expedition, or for what other life foever, obtain from the government that Sall have em ployed them, an equitable indemnity, as well for the freight as for the lots occafioned by the delay. And furthermore, in all cafes of feizure, detention, or arra, for debts contratled or offences com mitted by any citizen or fubjeet of the one party, within the jurifdiftion of the other, the fame , Sall be made and profecuted by order and authority of law only, and according•to the regular courfe of proceedings ufed in fuch cafes. XVII. If any veal or effefts of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the power at war, they be rePored to the firil proprietor, upon the conditions hereafter fiipnlated in the 2 1 a article for cafes of recapture. XVIII. If the citizens or fubjefts ofeither party in danger from tempefts, pirates, enemies, or other accident, ( hall take refuge with their vefrels or effefts, within the harbours or jurifdiftion of , the other, they Sall be received, protefted, and ' treated with humanity and kindnefs, and (hall be permitted to furnifh themfelves at a reafonable price, with all refreflunent, provifions, and other things necefrary for their fuftenance, health, and accommodation, and for the repair of their veffels. XIX. The veffels of war, public and private, of both parties Mall carry freely wherefoever they pleafe, the veireh and effefts taken from their ene mies, without being obliged to pay any duties, charges, or fees to officers of admiralty, of the cutloms, or any others ; nor than fuels prizes be arrefied, featched, or put under legal procefs, when they come to, and enter the ports of the other party, oec may freely be carried out again at any time by their captors to the places expect fed in their eons/Mil:ions, which the commanding officer of fuels vele! !hall be obliged to (hew. But conformably to the treaties exiting between the United States and Great Britain, no veal that Sall have made a prize upon Britifh fubjefts, Sal have a right to fhelter in the ports of the United States, but if forced theiein by tempells, or any other danger, or accident of the fea, they !hall be obliged to depart as loon as poffible. XX. No citizen or &hie& areither of the con trafting parties (hall take from may power with which the other may be at war, aarcommiffion or letter of marque for arming any veffel to aft as a privateer againff the other, on pain of being punifbed as a pirate : nor (hall either party hire, fend, or give any part of its naval or military force to the enemy of the other to aid them offen fively or defenfively againft the other. XXI. If the two contrafting parties Should be engaged in a war agagft a common enemy, the following point Safi be obferved between them. sit. If a veffel of one of the parties, taken by the enemy, Mall, before being carried into a neutral or enemy's port, be taken by a (hip of war, or .rivateer of the other, it (hall, with the cargo, be reamed to the fit* owners, for a compenfation of one eighth part of the value of the faid vefrel and cargo, if the recapture be made by a public Ship of war, and one - firth part, if made by a privateer. 2. The rellitution in fuels cafes Mall be after due proof of property, and furety given fot the part to which the recaptors are entitled. 3. The veffels of war, public and private, of the two parties, Sall reciprocally be admitted with their prizes into the refpettive ports of each, but the faid prizes (hall not be difcharged, or fold there, until their legality Sall have been decided according to the laws and regulations of the Efate to which the raptor belongs, but by the judiv.s. tories of the place, into which the prize flail 11. l.: been concluded. +. It Mall be free to each patty to make fuel, regulations as they (hail judge neceffary for [l t , conduct of their refpeCtive veffels of war, public and private, relative to the veffels, which they fin/ take, and carry into the ports of the two parties. „ XXII. When the controlling parties !hall 11,,v e a common enemy, or (ball both be neutral, tl'e veffels of war of each !hall upon all occafions t tke under their proteEtion the valets of the other going the fame courfe, and than defend fuch vefT2s as long as they hold the fame courfe, againft all force and violence, in the fame manner as they ought to protelt and defend veiled' belonging to the party of which they are. XXIII. If war fhould arife between the two contraCting parties, the merchants of either coun try, then rending in the other, !hall be allowed t o remain nine months to coiled their debts and fet tle their affairs, and may depart freely, carrying off all their effects without moleftation or hindrance, and all women and children, fcholars of every fa catty, cultivators of the earth, artizaos, manufae. , turers, and Mermen, unarmed and inhabiting on. fortified towns, v;ilages or places, and in general all others, whole occupations are for the 'common fubfiftence and benefit of mankind, thall be alloy. ed to continue their refpeCtive employments, and (hall not be molefted in their perfons, tor n u ll their houfes or goods be burnt, or otherwifc de. ftroyed, nor their fields wafted by the armed force of the enemy, into whofe power, by the events of war, they may happen to ; but if any thing is neceffary to be taken from them for the ufc of filch armed force, the fame than be paid for at a rea fonable price. XXIV. And to prevent the deftruaion of pri loners of war, by, fending them into diftant and in. clement countries, or by crowding them into ride and noxious places, the two contrating parties lemnly pledge tiler:delves to the world and to each other, that they will not adopt any fuel pradice; that neither will fend the prifoners whom they may take from the other, into the Eaft-Indies ur any other part of Afia or Africa, but they !hall be placed in tome part of their dominions in Europe, or America, in wholefome fituations ; that they !hall not be confined in dungeons, prifon.fliips, sot prifons, nor be put in irons, nor bound, nor who wife reftrained in the ufe of their limbs ; that the officers (hall be enlarged on their paroles withip con venient diaries, andhave comfortable quarters,and the common men be difpofed in cantonments open and extenfive enough for air and exercife, and lodged in barracks as roomy and good as are provided by the party in whole power they are, for their own troops : that the o ffi cers than alfo e daily furnifh ed by the party in whofe power they are, with as many rations, and of the fame articles and quality 1 as are allowed by them, either in kind, or by com mutations to officers of equal rank in their own army ; and all others (hall be daily furnifhed by them, with fuch ration as they than allow to a common foldier in their own fervice, ; the value whereof (hail be paid by the other party on a mu tual adjuftmenr of accounts for the fubfiftence of prifoners at the clofe of the war; and the faid ac counts !hall not be mingled with or let off againft any others, nor the balances due on them be withheld as a fatisfaCtion or reprifal for any other article, or for any other caufe real or ,pretended whatever. That each party (hail be allowed to keep a Commiffary of prifonerc of their own appointment, with every feparate cantonment of prifoners in poffeffion of the other; which Commiffary than fee the prifoners as often as he pleafes ; Mall be allowed to receive and diftribute whatever comforts may be fent to them by their friends ; and (hall be free to make his reports in open letters to thofe who employ him : but, if any officer !hall break his parole, or any other prifoner fhall efcape from the limits of his cantonment, after they have been defignated to him, fuch individual officer or ether prifoner !hall forfeit fo much of the benefit of this article as pro vides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war diffolves all treaties, nor any other whatever, (hail be confidered as annulling or fufpending this and the next preceding article; but on the con trary, that the (tate of war is precifely that for which they are provided, and during which they are to be as facredly obferved as the raollacknow 'edged articles in the law of nature and nations. XXV. The two contrafting parties have grant ed to each other the liberty of having each In the ports of the other, Contbls, Vice-Confuls, Agents, and Conuniffaries of their own appointment, who (hail enjoy the fame privilege and powers as thofe of the molt favoured nations. But if any Each Confute (hall exercife commerce, they Mall be fob mitted to the fame laws and ufages to which the private individuals of their nation are tutanutco the fame place. XXVI. If either party !hall hereafter grant to lion or sn o e commerce, rnaoh an common to the other party, freely, when it is i y t particularfeadivoauterlyin bemnavignia; freely granted to filch other nation, ovon yielding the fame compenfation when the grant is conditional. XXVII. His Majefty the King of Pruffia and the United States of America agree, that this treaty mall be in force during the ttrm of ten years from the exchange of the ratifications; and if the expi ration of that term fhould happen during the courfe of a War between them, then the articles before fuch in force until the conclo provided for the regulation of their conduit d urin g war, Shall co Eon of the treaty which (hall reftore peace. This treaty fhall be ratified on both fides, and the ratification exchanged within one year from the day of its fignature, or fooner if poffible. In teltlntony whereof the Plenipotentiaries before r.tto tinned have hereto fublcribcd their names and astern their reds. Done at Berlin, the eleventh of July.in th e year one thoufand toren hundred and pinstiAllite. (L. 3.) CH•11.111 OVILLIMIII COMM DI TIN ILNSTIIII. (L. S.) PHILIPPI CHALLIS D'ALTTNIILV!!” (L. 54 C 1111.1171411 liallat CURCE Clair IS (L. S.) JOHN C k ylllCY ADAMS.