be taken on the high feas, mhall be brought into fame port of either kingdom, and delivered into the cuftody of the officers of that port, that they may be restored entire to the true proprietor, as foon as dure and fufficient proof fhall have been made concerning the property thereof. commiffion from any prince, republic, or city, whatfover: but in cafe it thould fo happen, both parties fhill employ their united force to obtain reparation of the damage thereby occationed. Art. XLII. But if it fhall appear that the captor made ufe of any kind of torture upon the mailer of the fhip, the crew, or others who fhall be on board anv fhip belonging to the fubjects of the other party, in fuch cafe, not only the fhip itfelf, together with the perfons, merchandizes, and goods whatfoever, shall be forthwith releafed, without any delay, and fet entirely free, but alfo fuch as fhall be convicted of fo enorinous a crime, together with their accomplices, fhall fuffer the moft fevere punishment fuitable to their offences: this the king of Great Britain and the mott Chrif tian king mutually engage fhall be obferved, without any respect of perfous whatfoever. Art. XL. 't fhall be lawful, as well for the fhips of war of their majetties, as for privateers belonging to their fubjects, to carry whither foever they pleafe, the hips and goods taken from their enemies, without being obliged to pay any fee to the officers of the admiralty, or to any judges whatever; nor fhall the faid prizes, when they arrive at and enter the ports of their faid majesties, be detained or feized; neither fhall the fearchers, or other officers of thofe places, vifit or take cognizance of the validity of fuch prizes; but they fhall be at liberty to hoift fail at any time, to depart, and to carry their prizes Art.XLIII.Their majefties fhall reto the place mentioned in the com-fpectively be at liberty, for the admiffions or patents, which the vantage of their fubjects trading to commanders of fuch fhips of war the kingdoms and dominions of fhall be obliged to fhew on the either of them, to appoint therein contrary, no fhelter or refuge fhall national confuls, who fhall enjoy be given in their ports to fuch as the right, immunity, and Iberty have made prize upon the fubiects belonging to them, by reason of their of either of their majefties; but if duties and their functions; and forced by firefs of weather, or the places fhall hereafter be agreed dangers of the fea, to enter therein, upon where the faid confuls fhall particular care fhall be taken to be established, as well as the nature haften their departure, and to cause and extent of their functions. The them to retire from thence as foon convention relative to this point as poffible, as far as it is not re- fhall be concluded immediately after pugnant to former treaties made the fignature of the prefent treaty, in this refpect with other fovereigns of which it shall be deemed to conor ftates. ftitute a part. Art. XLI. Neither of their faid majetties fhall permit the flips or goods belonging to the fubjects of the other to be taken within cannon fhot of the coaft, or in the ports or rivers of their dominions, by fhips of war, or others having Art. XLIV. It is alfo agreed, that in whatever relates to the lading and unlading of fhips, the fafety of merchandize, goods, and effects, the fucceffion to perfonal eftates, as well as the protection of individuals, and their perfonal liberty, as allo alfo the adminiftration of justice, the fubjects of the two high contracting parties fhall enjoy in their refpective dominions, the fame privileges, liberties, and rights, as the most favoured nation. Art. XLV. If hereafter it fhall happen, through inadvertency or otherwife, that any infractions or contraventions of the prefent treaty fhould be committed on either fide, the friendship and good understanding fhall not immediately thereupon be interrupted; but this treaty fhall fubfist in all its force, and proper remedies fhall be procured for removing the inconveniencies, as likewife for the reparation of the contraventions and if the fubjects of either kingdom fhall be found guilty thereof, they only fhall be puniflied and feverely challifed. Art. XLVI. His Britannic majefty and his moft Chriftian m jefty have referved the right of revifing and reexamining the feveral ftipulations of this treaty, after the term of twelve years, to be computed from the day of paffing laws for its execution in Great Britain and Ireland refpectively, to propofe and make fuch alterations as the times and circumstances may have rendered proper or neceffary for the commercial interefts of their refpective fubjects and this revifion is to be completed in the fpace of twelve months; after which term the prefent treaty fhall be of no effect, but in. that event, the good harmony and friendly correfpond ence between the two nations fhall not fuffer the least diminution. Art. XLVII. The prefent treaty fhall be ratified and confirmed by his. Britannic majefly and by his moft Chriftian majefty, in two months, or fooner, if it can be donc, after the exchange of fignatures between the plenipotentiaries. In witness whereof, we the un1756. der-figned commiffaries and Done at Verfailles the 26th of WM. EDEN. (L. S.) FORM of the PASSPORTS and SEALETTERS which are to be granted by the refpectine Admiralties of the Dominions of the two High Contracting Parties to the Ships and Veffels failing from thence, purfuant to the 24th article of the prefent treaty. N. N. To all who fall fee thefe prefents, greeting. Be it known that we have granted licence and permiffion to N. of the city (or place) of N. mafter or commander of the fhip N. belonging to N. of the port of N. burthen tons, or thereabouts, now lying in the port or haven of N. to fail to N. laden with N. the hip having been examined before her departure, in the ufual manner, by the officers of the place appointed for that purpofe. And the faid N. or fuch other perfon as thall happen to fucceed him, fhall produce this licence in every port or haven which he may enter with his fhip, to the officers of the place, and fhall give a true account to them of what fhall have paffed or hap pened during his voyage; and he fhall carry the colours, arins, and enfigns of N. during his voyage. In witness whereof, we have fign ed these prefents, and fet the in the year, &c. &c, (G) Treaty of Alliance and Commerce between his Majefty Frederick III. King of Prufia, and the United States of America, as ratified by Congress, May 7, 1786. HIS majesty the king of Pruffa and the United States of America, defiring to fix; in a permanent and equitable manner, the rules to be obferved in the intercourfe and commerce they defire to establish between their refpective countries, have judged, that the faid end cannot be betier obtained than by taking the most perfect equality and reciprocity for the bats of their agreement. With this view, his majefty the king of Pruffia has nominated and conftituted, as his plenipotentiary, the baron Frederic William de Thulemeyer, envoy extraordinary with their High Mighting fles the States General of the United Netherlands; and the United States have, on their part, given full powers to John Adams, efq. now minifter plenipotentiary of the United States with his Britannic majefty; Dr. Benjamin Franklin, and Thomas Jefferfon, refpective plenipotentiaries, have concluded articles, of which the following is an abftract, fo far as concerns the States of America The fubjects 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, mauufactures, and merchandize, and fhall pay within the faid United States no other or greater duties, charges, or fees whatsoever, than the most favoured nations are or fhall be obliged to pay; and they fhall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which the moit favoured nation docs or fhall enjoy; fub mitting themfelves to the laws and ufages there established. "In like manner, the citizens of the United States of America may frequent all the coafts and countries of his majesty the king of Prufa, and refide and trade there in all forts of produce, manufac tures, and merchandize, and shall pay in the minions of his faid majefty no other or greater duties, charges, or fees whatfoever, than the mott favoured nation is or fhall be obliged to pay; and they fhall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which the most favoured nation does or fhall enjoy; fubmitting themfelves as atorefaid. Each party fhall have a right to carry their own produce, manufactures, and merchandize, in their own or any other viels, to any parts of the dominions of the other, where it fhall be lawful for all the fubjects or citizens of that other freely to purchase them; and thence to take the produce, manufactures, and merchandize of the other, which all the faid citizens or fubjects h l in like manner he free to fell, paying in both cases fuch duties, charges, and fees only, as are or fhall be paid by the moft favoured nation. Each party fhall endeavour to protect and defend all veffels, and other et cts, belonging to the ci tizens or fubjects of the other, which fail be within the extent of their jurifdiction by fea or land; and fall ufe all their efforts to recover, and caufe to be restored to their right owners, their veffels and effects which fhall be taken from them within the extent of their faid jurifdiction. If one of the contracting parties fhould be engaged in war with other powers, the free intercourfe and commerce of the fubjects or citiz ns of the party remaining neure, with the belligerent powers, fhall not be interrupted. On the contrary in that cafe, as in full peace, the veffels of the neatral party may navig te freely to and from the ports, and on the coasts of the belligeren parties, free veffels making free goods, infomuch, that all things fll be adjudged free which fhall be on board any veffel belonging to the neutral party, although fuch things belong to an enemy of the other; and the fame freedom fhall be extended to perfons who thall be on board free veffel, although they fhould be enemies to the other party, unless they be foldiers in actual fervice of fuch enemy. In the fame cafe of one of the contracting parties being engaged in war with any other power-to prevent all the difficulties and mifunderstandings which ufually arife refpecting the merchandize heretofore called contraband, fuch as arins, ammunition, and military fores of every kind n fuch ar ticles carried in the vefiels, or by the fu jects or citizens of one of the parties to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. But in the cafe fuppofed of a veffel flopped for the articles heretofore deemed contraband, it the matter of the veffel flopped will deliver out the goods fuppofed to be of contraband nature, he fhall be admitted to do it, and the vessel thall not in that cafe be carried into any port, nor further detained, but fhall be allowed to proceed on her voyage. If the contracting parties hall be engaged in war against a com mon enemy, the following points fhall be obferved between them. ft, If a veffel of one of the parties, retaken by a privateer of the other, fhall not have been in poffeffion of the enemy more than twenty-four hours, the fhall be restored to the first owner for one third of the value of the veffel and cargo; but if the fhall have been more than twenty-four hours in poffeffion of the enemy, the fhall belong wholly to the re-captor. 2d, If in the fame cafe the re-capture were by a public veff of war of the one party, reftitution fhall be made to the owner of one thirtieth part of the veffel and cargo, if the fhall not have been in the poffetion of the enemy more than twenty-four hours; and one tenth of the faid value where fhe thall have been longer; which fums fhall be diftributed in gratuities to the re-captors. 3d, The reftitution in the cafes aforefaid fhall be after due proof of property, and furety given for the part to which the recaptors are entitled. 4th, The veffels of war, public and private, of the two parties, fhall be reciprocally admitted with their prizes into the refpective ports of each; but the faid prizes fhall not be dif charged nor fold there, until their legality thall have been decided according to the laws and regulations of the flate to which the captors belong, but by the judicators' of the place into which the prize fhall have been conducted. 5th, It shall be free to each party to make fuch regulations as they fhall judge necetiary for the conduct of their refpective veffels of war, public or private, relative to the veffels which they fhall take and carry into the ports of the two parties. Where the parties fhall have a (G2) common common enemy, or fhall both he neutral, the veffels of war of each @all upon all occations take under their protection the veffels of the other going the fame courfe, and fall defend fuch vellels as long as they hold the fame courfe, against all force and violence, in the fame manner as they ought to protect and defend vefiels belonging to the party of which they are. Majefty has taken refpecting your High Mightinefles fince the happy epoch of the peace, have had no other object than to give the moit undoubted proofs of the uncere frie: dfhip which he entertained towards you. He has fuffered no occafion to escape that could renew the harmo ny which, for the space of a cen tury, contributed fo much to the profperity or each; and it has been his particular study to efface all traces of the unhappy diffentions which, for a little time, interrupt If war fhould arife between the two contracting parties, the mer chants of either country, then refiding in the other, fhall be allowed to remain nine months to collected that good understanding. their debts and fettle their attains, and may depart freely, carrying off all their effects without moleftation or hinderance, This treaty fhall be in force during the term of ten years from the exchange of ratifications: (Signed) F. G. DE THULEMEYER, a la Haye, B. FRANKLIN, Paffy, July 9, JOHN ADAMS, London, August 5, 1785. Now know ye, that we the faid United States in congrefs affembled, having confidered and approved, do hereby ratify and confirm the faid treaty. Witnefs the hon. Na thaniel Gotham,, our chairman, in the abfence of his excellency John Hancock, our prefident, the 7th day of May, in the year of our Lord 1786, and of our independence and fovereignty the tenth. Memorial prefented by Sir James Harris, K. B. to the States General of the United Provinces, on the 5th of July, 1786. High and Mighty Lords, ALL the steps which his Britannic His majesty has carefully refrained from doing any thing that could in the fmallelt degree influence the interior deliberation of the States; and although not infenfible of the troubles which have agitated the country, the king has thought it right to confine himself to expreffing his wifhes for its profperity, and for the re-establishment of concord. But fince two respectable powers, friends and neighbours of the republic, have declared to your High Mightineffes their fentiments on the actual state of affairs, the king, my mafter, would look upon himself as wanting in those with which he has been always animated, if he delayed to exprefs the fincere withes he feels for the internal and external tranquillity of the Repub lic, as well as for the maintenance of its conftitution. The king thinks it his duty at the fame time to declare, that nothing can be more oppofite to his fentiments than to give an example fo dangerous to the tranquillity and independence of the United Provinces as the interference of any foreign power in the internal affairs of the Republic, the manage ment and direction of which his majefty wishes to prefe.ve uncon trolled |