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

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 Eagle, 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 Majefty
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 fubjeas 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 themfelves 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 laft 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-
Iments 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 [lt,
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,,ve
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 to
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 null
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 officers 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
iyt 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 during
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 the
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 CkylllCY ADAMS.