The New-Jersey gazette — Burlington [N.J.], 1786-08-07 00:00:00, page 1

Congress took into consideration a treaty of amity
and commerce between his majesty the King of Pruf
tia and the United States of America, and adopted and
ratified the fame, nine states being present, in the
manner following:
The United States of America, in Congress assembled:
To all to whom these presents (hall come greeting.
WHEREAS a treaty of amity and
commerce, between his majesty the
King of Prussia, and the United
States of America, was concluded
and signed by the plenipotentiaries
of the said United States, and by
the plenipotentiary of his said Majesty, duly and rc
fpe&ively authorized for that purpose, at the places of
their refpedive residence, and at the dates expressed
under their several signatures, which said treaty, writ
ten both in the American and French languages, is (in
the American) in the following words, to wit,
A TREAT Y of AMITY and COM MERCE be
tween his majesty the King of Prussia and the United
States of America:
HIS Majesty the King of Prussia, and the United
States of America, desiring to fix, in a permanent and
equitable manner, the rules to be observed in the in
tercourse and commerce they desire to eftablilh be
tween their refpedive countries, his majesty and the
United States have judged that the said end cannot
be better obtained than by taking the most perfect
equality and reciprocity for the basis of their agree
ment.
With this view his majesty the King of Prussia has
nominated and constituted as his plenipotentiary, the
Baron Frederick William de Thulemeier, his Privy-
Counfellor of Embassy, and Envoy Extraordinary, with
their High Mightinesses the States General of the
United Netherlands, and the United States have, on
their part, given full powers to John Adams, esquire,
late one of their Ministers Plenipotentiary for negoci
ating a peace, heretofore a Delegate in Congress from
the state of Massachusetts, and Chief-Juftice of the
fame, and now Minister Plenipotentiary of the United
States with his Britannic Majesty; Doctor Benjamin
Franklin, late Minister Plenipotentiary at the Court of
Versailles, and another of their Ministers Plenipoten
tiary for negociating a peace; and Thomas Jenerfon,
heretofore a Delegate in Congress, from the state of
Virginia, and Governor of the said state, and now
Minister Plenipotentiary of the United States at the
Court of his most Christian Majesty, which refpedive
Plenipotentiaries, after having exchanged their full
powers, and on mature deliberation, have concluded,
fettled and signed the following articles:
Art. i. There ihall be a firm, inviolable and univer
sal peace and sincere friendthip between bis Majesty
the King of Prussia, his heirs, successors and fubjeds,
on the one part, and the United States of America,
and their citizens on the other part, without excepti
ons of perlons or places.
Art. 2. The fubjeds of his Majesty the King of Prus
sia may frequent all the coasts and countries of the
United States of America, and reside and trade there
.in all forts of produce, manufactures and merchan
dise ; and (hall pay within the said United States no
other or greater duties, charges or fees whatsoever
than the most favoured nations are or ihall be obliged
to pay; and they (hall enjoy all the rights, privileges
and exemptions in navigation and commerce, which
the most favoured nation docs or Ihall enjoy; submit
ting themselves, nevertheless, to the laws and usages
there established, and to which are submitted the citi
zens of the United States, and the citizens and fub
jeds of the most favoured nations
Art. 3. In like manner the citizens of the United
States of America may frequent all the coasts and
countries of his Majesty the King of Prussia, and re
side and trade there in all kinds of produce, manu
factures and merchandise, and (hall pay in the domi
nions of his said Majesty, no other or greater duties,
charges or fees whatsoever, than the most favoured
nation does or ihall be obliged to pay ; "and they Ihall
enjoy all the rights, privileges and exemptions in na
vigation and commerce which the most favoured nation
docs or Ihall enjoy; submitting themselves, neverthe
less, to the laws and usages there established, and to
which are submitted the fubjeds of his majesty the
King of Prussia, and the fobjegs and citizens of the
most favoured nations.,
Art. 4. More especially each partv Ihall have a right
to carry their own produce, manufactures and mer
chandise, in their own or any other vefltls to any
parts of the dominions of the other, where it fliall be
lawful for all the fubjeds c. citizens of that other,
freely to purchase them ; and thence to take the pro
duce, manufadures and merchandise of the other,
which all the said citizens or fubjefts shall in like pian-
NEW-JERSEY GAZETTE.
Vol. IX.]
TRENTON: Printed by ISAAC COLLIN S, Printer to the State.
TUESDAY, May 16, 1786.
MO ND AY, August 7, 1786.
Art. 5. The merchants, commanders of vessels, or
other fubjeds or citizens of either party, Ihall not,
within the ports or jurifdiCtion of the other, be forced
to unload any fort of merchandise into any other ves
sels, nor to receive them into their own, nor to wait
for their being loaded longer than they plcafe.
Art. 6. That the vessels of either party loading
within the ports or jurifdi&ion of the otffirf; thay not
be uselessly harassed or detained, it is agreed that all
examinations of goods required by the laws, (hall be
made before they are laden on board the veffcl, and
that there fnall be no examination after; nor Ihall
the vessel be searched at any time, unless articles Ihall
have been laden therein elandeftinely and illegally, in
which case the person by whose order they were car
ried on board, or who carried them without order,
fliall be liable to the laws of the land in which he is,
but no other person Ihall be molested, nor shall any
other goods, nor the vessel be seized or detained for
that cause.
Art. 7. Each party fliall endeavour, by all the means
in their power, to protect and defend all vessels and
other effects belonging to the citizens or fubjefts of
the other, which ihall be within the extent of their
jurifdidion, by sea or by land ; and fliall use all their
efforts to recover, and cause to be restored to their
right owners, their vessels and effects which shall be
taken from them within the extent of their said jurif
diaion.
Art. 8. The vessels of the fubjeCts or citizens of
cither party, -coming on any coast belonging to the
other, but not willing to enter into port, or being
entered into port, and not willing to unload their car
goes or break bulk, shall have liberty to depart and
to pursue their voyage without moleflation, and with
out being obliged to render account of their cargo,
or to pay any duties, charges cr fees whatsoever, ex
cept those established for vessels entered into port, and
appropriated to the maintenance of the port itfelf,
or of other establishments for the fafety and conve
nience of navigators, which duties, charges and fees,
Ihall be the fame, and shall be paid on the fame foot
ing as in the case of fubjeds or citizens of the coun
try where they are established.
Art. 9. When any vessel of either party fliall be
wrecked, foundered, or otherwise damaged on the
coasts, or within the dominion of the other, their re
fpettive fubjeds or citizens, fliall receive, as well for
themselves as for their vessels and effects, the fame
afliftance which would be due to the inhabitants of
the country where the damage happens, and shall pay
the fame charges and dues only as the said inhabitants
would be fubjedt to pay in a like case; and it the
operations of repair shall require that the whole or
any part of their cargo be unladed, they shall pay no
duties, charges or fees on the part which they shall
re-lade and carry away. The ancient and barbarous
right to wrecks of the lea shall be entirely abolished,
with refped to the fubjeds or citizens of the two
contrading parties.
Art. 10. The citizens or fubjeds of each party shall
have power to dispose of their personal goods within
the jurifdidion of the other, by testament, donation
or otherwise ; and their representatives, being fubjefts
or citizens of the other party, shall succeed to their
said personal goods, whether by testament or ab in
teftato, and may take possession thereof, either by
themselves or by others ading for them, and dispose
of the fame at their will, paying such dues only as
the inhabitants of the country wherein the said goods
are, shall be fubjed to pay in like cases; and in case
of the absence of the representative, such care fliall be
taken of the said goods, and for so long a time as
would be taken of the goods of a native in like case,
until the lawful owner may take measures for receiv
ing them. And if a question ihall arise among several
claimants, to which of them the said goods belong,
the lame fliall be decided finally by the laws and
judges of the land wherein th rd goods are. Awl
ner be free to fell them, paying in both cases such
duties, charges and fees only, as are or fl /'be paid
by the most favoured nation. Nevertheless the King
of Prussia and the United States, and each of them,
reserve to themselves the right where any nations re
strains the transportation of the merchandise of the
vessels of the country of which it is the growth or
manufacture, to eftablilh against such nation retaliat
ing regulations; and also the right to prohibit, in
their refpedive countries, the importation and export
ation of all merchandise whatsoever, when reasons of
state Ihall require it. In this case the fubjeds or citi
zens of either of the contrasting parties ihall not im
port nor export the merchandise prohibited by the
other; but if one of the contrasting parties permits
any other nation to import or export the fame mer
chandise, the citizens or fubjetts of the other shall
immediately enjoy the fame liberty.
THE
where, on the death of any person holding real estate
within the territories of the one party, such real estate
would by the laws of the laud descend on a citizen or
fubjef tof the other, were he not disqualified by alie
nage, such fubjed shall be allowed a reafonabit time
to fell the fame, and to withdraw the proceeds with
out molefration, and exempt from all rights of detrac
tion on the part of the government of the refpedive
date,. But this article shall not derogate in any man
ner from the force of the laws already published, or
hereafter to be published, by his Majesty the King of
Prussia, to prevent the emigration of his fubjetts.
Art. it. The most perfect freedom of confetence and
of worship is granted to the citizens or fubjeds of
cither party, within the jurifdidion of the other, with
out being liable to molettation in that rtfped, for any
cause other than an insult on the religion of others.
Moreover when the fubjefts or citizens of the one par
ty, shall die within the jurifdiCtion of the other, their
bodies shall be buried in the usual burying-grounds, or
other decent and suitable places, and Ihall be protested
from violation or disturbance.
Art. 12. If one of the contrasting parties fhculd be
engaged in war with any other power, the free inter
course and commerce of 'the fubjeds or citizens of the
party remaining neuter with the bclligerant powers,
ihall not be interrupted. On the contrarv, 'in that
case as in full peace, the vessels of the neutral party
may navigate freely to and from the ports and on the
coasts ot the belligerant parties, free vessels making
free goods, insomuch that all things shall be adjudged
free which fliall be on board any vessel belonging to
the neutral party, although such things belong to an
enemy of the other; and the fame freedom ihall be
extended to persons who shall be on board a free ves
sel, although they should be enemies to the other par
ty, unless they be soldiers in actual fcrvice of such
enemy.
Art. 13. And in the fame case of one of the con
trasting parties, being engaged in war with any other
power, to prevent all ihe difficulties and misunder
standings that usually arise refpe&ing the merchan
dise heretofore called contraband, such as arms, am
munition and military ftorcs of every kind, no' such
articles carried in the vessels, or by the fubjeds or
citizens of one of the parties to the enemies of the
other, ihall be deemed contraband, so as to induce
confiscation or condemnation and a loss of property
to individuals. Nevertheless it shall be lawful to hop
such vessels and articles, and to detain them for such
length of time as the captors may think necessary to
prevent the inconvenience or damage that might en
sue from their proceeding, paying however a reasona
ble compensation for the loss such arrest fliall occasion
to the proprietors: And it shall further be allowed to
use in the service of the captors, the whole or any
part of the military flores so detained, paying the
owners the full value of the fame, to be afeertained by
the current price at 0e place of its destination. But
in the case supposed, of a vessel flopped for articles
heretofore deemed contraband, if the matter of the
vessel flopped will deliver out the goods supposed to
be of contraband nature, he shall be admitted to do it,
and the vessel shall not in that case be carried into any
port, nor further detained, but fliall be allowed to
proceed on her voyage.
Art. 14. And in the fame case where one of the
parties is engaged in war with another power, that
the vessels of the neutral party may be readily and cer
tainly known, it is agreed, that they shall be provided
with sea-letters, or passports, which shall express the
name, the property and burthen of the vessel, as also
the name and dwelling of the master, which passports
fliall be made out in good and due forms (to be fettled
by conventions between the parties whenever occasion
shall require) shall be renewed as often as the vessel
shall return into port; and shall be exhibited whenso
ever required, as well in the open sea as in port. But
if the said vessel be under convoy of one or more ves
sels ot war, belonging to the neutral party, the simple
declaration of the officer commanding the convoy,
that the said vessel belongs to the puty of which he
is, fliall be considered as establishing the fad, and shall
relieve both parties frem the trouble of further exami
nation.
Art. 15. And to prevent entirely all disorder and vio
lence in inch cases, it is ftipidated, that when the vessels
of the neutral party, failing without convoy, fliall be
met by any vessel of war, publick or private, of the other
party, such vessel of war ihall not approach within
cannon fliot of the said neutral vessel, nor fend more
than two or three men in their boat on board the fame,
to examine her sea-letters or passports. And all per
sons belonging to any vessel cf war, publick or private,
who shall molest, or injure, in any manner whatever,
the people, vessels or effects of the other party, fhali
be reponfible in their persons and property for dama
ges and interest, fufficient security for which fliall be
[Numb, 430.]