Abbildungen der Seite

upon, that, considering the great distance of places the troops which her imperial majesty of all the Russias will have to furnish by virtue of this alliance, for the defence of his Britannic majesty, shall not be sent to Spain, Portugal or Italy, and still less out of Europe.

ART. 17. If the succours stipulated in the 4th article of this treaty should not be sufficient, in that case the contracting parties reserve to themselves to make a further provision between themselves with respect to the additional succours which they should give to each other.

ART. 12. The auxiliary forces on both sides shall be kept together as much as possible; and in order to avoid their being subjected to greater fatigue than the others, and to the end that there may be in every expedition and operation a perfect equality, the commander in chief shall be bound to observe on every occasion a just proportion, according to the force of the whole fleet or army.

ART. 18. The requiring party shall make neither peace nor truce with the common enemy, without including the required party, to the end that the latter may not suffer any injury in consequence of the succours he shall have given to his ally.

ART. 19. The present defensive alliance shall in no way derogate from the treaties and alliances which the high contracting parties may have with other powers, inasmuch as the said treaties shall not be contrary to this, nor to the friendship and good understanding which they are resolved constantly to keep up between them.

ART. 13. The squadron which his Britannic majesty is to furnish by virtue of this alliance shall be admitted into all the ports of her imperial majesty of all the Russias, where it shall experience the most amicable treatment, and shall be provided with every thing which it may stand in need of, on paying the same price as the ships of her imperial majesty of all the Russias; and the said squadron shall be allowed to return every year to the ports of Great Britain as soon as the season will no longer permit it to keep the sea; but it is formaily and from this time forward stipulated, that this squadron shall return every year to the Baltic sea about the beginning of the month of May, not to quit it again before the month of October, and that as often as the exigency of the treaty shall require it.

ART. 20. If any other power would accede to this present alliance, their said majesties have agreed to concert together upon the admission of such power.

ART. 21. The two high contracting parties, desiring mutually and with eagerness to strengthen and consolidate as much as possible the friendship and union already happily subsisting between them, and to protect and extend the commerce between their respective subjects, promise to proceed, without delay, to the forming of a definitive arrangement of commerce.

ART. 14. The requiring party, in claiming the succours stipulated by this treaty, shall point out at the same time to the required party, the place where he shall wish that it may, in the first instance, repair; and the said requiring party shall be at liberty to make use of the said succour during the whole time it shall be continued to him, in such manner and at such places as he shall judge to be most suitable for his service against the aggressor.

ART. 22. As circumstances may make it necessary to make some change in the clauses of the present treaty, the high contracting parties have thought proper to fix the duration of it to eight years, counting from the day of exchanging the ratification; but before the expiration of the eighth year, it shall be renewed according to existing circumstances.

ART. 23. The present treaty of alliance shall be ratified, and the ratifications ex changed here, in the space of two months, or sooner if it can be done.

In witness whereof the above-mentioned

ART. 15. The conditions of this treaty of alliance shall not be applicable to the wars which may arise between her imperial majesty of all the Russias and the powers and people of Asia, respecting whom his Britannic majesty shall be dispensed with from furnish-ministers plenipotentiary on both sides have ing the succours stipulated by the present signed the present treaty, and have thereunto treaty; excepting in the case of an attack affixed the seal of their arms. Done at St. made by any European power against the Petersburgh, this 7-18th of February, 1795. rights and possessions of her imperial majesty (L. S.) CTE JEAN D'Osterman. in whatever part of the world it may be. As (L. S.) ALEXANDER CTE DE BEZalso on the other hand her imperial majesty of all the Russias shall not be bound to furnish (L. S.) the succours stipulated by this same treaty in TREATY of Defensive Alliance betwen his any case whatever, excepting that of an attack made by any European power against the Britannic Majesty and the Emperor of rights and possessions of his Britannic majesty Germany. Signed at Vienna, the 20th in whatever part of the world it may be. of May, 1795.



ART. 16. It has been in like manner agreed

His Majesty the Emperor, and his Majesty

ART. 11. Moreover, these auxiliary forces shall have their own chaplains, and the entirely free exercise of their religion, and shall not be judged in whatever appertains to military service, otherwise than according to the laws and articles of war of their own sovereign. It shall likewise be permitted for the general and the rest of the auxiliary forces to keep up a free correspondence with their country, as well by letters as expresses.

the King of Great Britain, being desirous to renew and to cement the ancient relations of friendship and intimacy between their crowns and their respective dominions, as well as to provide, in a solid and permanent manner, for their future safety, and for the general tranquillity of Europe, have determined in consequence of these salutary views, to proceed to the conclusion of a new treaty of alliance; and they have nominated for that purpose, viz. his majesty the emperor his actual privy councillor and minister for foreign affairs, baron de Thugut, commander of the order of St. Stephen, and his majesty the king of Great Britain, sir Morton Eden, one of his majesty's privy councillors, knight of the bath, envoy extraordinary and minister plenipotentiary of his said majesty at the court of Vienna; who, after having communicated to each other their respective full powers, have agreed upon the following articles:

ART. 1. There shall be between his imperial majesty and his Britannic majesty, their heirs and successors, and between all the respective dominions, provinces, and subjects of their said majesties, a perfect and sincere good understanding, friendship, and defensive alliance. The high contracting parties shall use all their endeavours for the maintenance of their common interests, and shall employ all the means in their power to defend and guaranty each other mutually against every hostile aggression.

ART. 2. The high contracting parties shall act in perfect concert in every thing which relates to the re-establishment and to the maintenance of general peace; and they shall employ all their efforts to prevent, by the means of friendly negociation, the attacks with which they may be threatened, either separately or conjointly.

ART. 3. In case either of the high contracting parties should be attacked, molested, or disturbed in the possession of its dominions, territories or cities whatsoever, or in the exercise of its rights, liberties, or franchises wheresoever, and without any exception, the other will exert all its endeavours to succour its ally without delay, and in the manner hereinafter mentioned.

state of actual possession, and according to the state of possession which shall exist at the above-mentioned epoch.

ART. 5. The succours to be mutually furnished, in virtue of this treaty, shall consist in 20,000 infantry, and 6,000 cavalry, which shall be furnished in the space of two months after requisition made by the party attacked, and shall continue to be at its disposition during the whole course of the war in which it shall be engaged. These succours shall be paid and maintained by the power required, wherever its ally shall employ them; but the power requiring shall provide them with the necessary bread and forage upon the same footing with its own troops.-If the party requiring prefers, it may demand the succours to be furnished in money; and in that case the succours shall be computed at the following rate, that is to say; 10,000 Dutch florins per month for every thousand infantry, and 30,000 Dutch florins per month for every thousand cavalry. And this money shall be paid monthly, in equal portions, throughout the whole year.-If these succours should not suffice for the defence of the power requiring, the other party shall augment them according as the occasion shall require, and shall even succour its ally with its whole force, if the circumstances should render it necessary.

ART. 6. It is agreed that in consideration of the intimate alliance, established by this treaty between the two crowns, neither the one nor the other of the high contracting parties shall permit the vessels or merchandize belonging to its ally, or to the people or subjects of its ally, and which shall have been taken at sea by any ships of war or privateers whatsoever, belonging to enemies or rebels, to be brought into its harbours; nor any ship of war or privateer to be therein armed in any case or under any pretext whatsoever, in order to cruize against the ships and property of such ally, or of his subjects; nor that there be conveyed by its subjects, or in their ships, to the enemies of its ally, any provisions, or military or naval stores. For these ends, as often as it shall be required by either of the allies, the other shall be bound to renew express prohibitions, ordering all persons to conform themselves to this article, upon pain of exemplary punishment, in addition to the full restitution and satisfaction to be made to the injured parties.

ART. 4. Their Imperial and Britannic majesties reciprocally guaranty to each other, and in the most express manner, all their dominions, territories, cities, rights, liberties, and franchises whatsoever, such as they at present possess, and such as they shall possess, at the conclusion of a general peace, made by their common agreement and consent, in conformity to their mutual engagements in that respect in the convention of the 30th of August 1793. And the case of this defensive alliance shall exist from the moment whenever either of the high contracting parties shall be disturbed, molested, or disquieted in the peaceable enjoyment of its dominions, territories, cities, rights, liberties or franchises whatsoever, according to the

ART. 7. If, notwithstanding the prohibitions and penalties above-mentioned, any vessels of enemies or rebels should bring into the ports of either of the high contracting parties any prizes taken from the other, or from its subjects, the former shall oblige them to quit its ports in the space of twenty-four hours after their arrival, upon pain of seizure and confiscation; and the crews and passengers, or other prisoners, subjects of its ally, who shall have been brought into the said ports, shall, immediately after their arrival,

be restored to their full liberty, with their ship and merchandize, without any delay or exception. And if any vessel whatsoever, after having been armed or equipped, wholly or partially, in the ports of either of the allies, should be employed in taking prizes, or in committing hostilities against the subjects of the other, such vessel, in case of its returning into the said ports, shall, at the requisition of the injured parties, be seized and confiscated for their benefit.-The high contracting parties do not intend that the stipulations in these two articles should derogate from the execution of anterior treaties actually existing with other powers; the high contracting parties not being, however, at liberty to form new engagements hereafter to the prejudice of the said stipulations.

ART. 8. Their Imperial and Britannic majesties engage to ratify the present treaty of alliance, and the ratifications thereof shall be exchanged in the space of six weeks, or sooner if it can done.

In witness whereof we, the undersigned, being furnished with the full powers of their Imperial and Britannic majesties, have signed the present treaty in their names, and have caused the seals of our arms to be affixed

thereto. Done at Vienna, the 20th day of May, 1795.


(L. S.) Separate Article.

In case the establishment, in general limited, of the land forces of Great Britain, should not permit his Britannic majesty to furnish, within the term specified, the succour in men stipulated by the 5th article of the present treaty of alliance, and that consequently his imperial majesty should be obliged to supply that succour by an equal number of other troops, to be taken into his pay, the confidence which the emperor reposes in the friend ship and equity of the king of Great Britain leaves him no room to doubt but that his Britannic majesty will readily grant him an in demnification for the difference, which, ac cording to a just valuation at the time, shall exist between the expenses of the taking into pay and subsistence of those troops, and the estimate in Dutch florins, which, in order to avoid every delay of discussion, has been adopted in the above-mentioned 5th article, in conformity to the estimate contained in ancient treaties.-This separate article, mak ing part of the treaty of alliance, signed this day in the name of their Imperial and Britannic majesties, shall have the same force and validity as if it were inserted word for word in the said treaty of alliance.

Separate Article.

Their Imperial and Britannic majesties shall concert together upon the invitation to be given to her imperial majesty of all the Russias, in order to form, by the union of the three courts, in consequence of the intimate

connexions which exist already between them' a system of triple alliance, proper for the re-. establishment and maintenance in future of peace and general tranquillity in Europe.This article shall have the same force as if it were inserted in the present treaty. [Signed as above.]

TREATY of Amity, Commerce, and Navigation, between his Britannic Majesty, and the United States of America. Signed at London, the 19th of Nov. 1794. George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburgh, Arch-treasurer and Prince Elector of the Holy Roman Empire, &c. To all and singular to whom these presents shall come, greeting: Whereas our right trusty and wellbeloved counsellor, William Wyndham, baron Grenville of Wotton, our principal secretary of state for foreign affairs, &c. &c did, on our .part, together with the plenipotentiary of our good friends the United States of America, conclude and sign at London, on the 19th day of November, 1794, a treaty of amity, commerce, and navigation, between us and our said good friends: and whereas a certain additional article has, on the part of the said United States, been proposed to be annexed to the said treaty as a part thereof; to which. addition we are willing to consent; the said treaty and additional article being in the words following:


His Britannic Majesty and the United States of America, being desirous, by a treaty of amity, commerce, and navigation, to terminate their differences in such a manner as, without reference to the merits of their respective complaints and pretensions, may be the best calculated to produce mutual satisfaction and good understanding; and also to regulate the commerce and navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally beneficial and satisfactory; they have, respectively, named their plenipotentiaries, and given them full powers to treat of and conclude the said treaty; that is to say, his Britannic majesty has named, for his plenipotentiary, the right hon William Wyndham, baron Grenville of Wotton, one of his majesty's privy council, and his majesty's principal secretary of state for foreign affairs; and the president of the said United States, by and with the advice and consent of the senate thereof, hath appointed for their plenipotentiary the hon. John Jay, chief justice of the said United States, and their envoy extraordinary to his majesty, who have agreed on and concluded the following articles:

ART. 1. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between his Britannic majesty, his heirs and successors, and the United States of

sels from the sea into the rivers of the United States, beyond the highest ports of entry for vessels from the sea. The river Mississippi shall, however, according to the treaty of peace, be entirely open to both parties; and it is farther agreed, that all the ports and places on its eastern side, to which soever of the parties belonging, may freely be resorted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his majesty in Great Britain.—All goods and merchandize, whose importation into his majesty's said territories in America shall not be entirely prohibited, may freely, for the purposes of commerce, be carried into the same, in the manner aforesaid, by the citizens of the United States; and such goods and merchandize shall be subject to no higher or other duties than would be payable by his majesty's subjects on the importation of the same from Europe into the said territories. And, in like manner, all goods and merchandize, whose importation into the United States shall not be wholly prohibited, may freely, for the purpose of commerce, be carried into the same, in the manner aforesaid, by his majesty's subjects; and such goods and merchandize shall be subject to no higher or other duties than would be payable by the citizens of the United States on the importation of the same, in American vessels, into the Atlantic ports of the said states. And all goods not prohibited to be exported from the said territories respectively, may, in like manner, be carried out of the same by the two parties respectively, paying duty as aforesaid. No duty of entry shall ever be levied, by either party, on peltries brought by land or inland navigation into the said territories respectively; nor shall the Indians, passing or repassing with their own proper goods and effects, of whatever nature, pay for the same ART. 3. It is agreed, that it shall at all any impost or duty whatever; but goods in times be free to his majesty's subjects, and to bales, or other large packages unusual among the citizens of the United States, and also the Indians, shall not be considered as goods beIndians dwelling on either side of the said longing bona fide to Indians.-No higher or boundary line, freely to pass and repass, by other tolls or rates of ferriage than what are land or inland navigation, into the respective or shall be payable by natives, shall be deterritories and countries of the two parties on manded on either side; and no duties shall the continent of America (the country within be payable on any goods which shall merely the limit of the Hudson's-bay company only be carried over any of the portages or carryexcepted) and to navigate all the lakes, rivers, ing-places on either side, for the purpose of and waters thereof, and freely to carry on being inmediately re-embarked and carried trade and commerce with each other. But it to some other place or places. But, as by is understood, that this article does not extend this stipulation, it is only meant to secure to to the admission of vessels of the United each party a free passage across the portages States into the sea-ports, harbours, bays, or on both sides, it is agreed, that this exemp creeks of his majesty's said territories; nor tion from duty shall extend only to such into such parts of the rivers in his majesty's goods as are carried in the usual and direct said territories as are between the mouth road across the portage, and are not attempted thereof and the highest port of entry from to be in any manner sold or exchanged during the sea, except in small vessels trading bond their passage across the same; and proper fide between Montreal and Quebec, under regulations may be established to prevent the such regulations as shall be established to possibility of any frauds in this respect.-As prevent the possibility of any frauds in this this article is intended to render, in a great respect; nor to the admission of British ves-degree, the local advantages of each party

America; and between their respective countries, territories, cities, towns, and people, of every degree, without exception of persons or places.

ART. 2. His majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before the 1st day of June, 1796, and all the proper measures shall in the interval be taken by concert between the government of the United States and his majesty's governor-general in America, for settling the previous arrangements which may be necessary respecting the delivery of the said posts; the United States, in the mean time, at their discretion, extend ing their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all their property of every kind, and shall be protected therein; they shall be at full liberty to remain there, or to remove withal or any part of their effects; and it shall also be free to them to sell their land, houses, or effects, or to retain the property thereof, at their discretion. Such of them as shall continue to reside within the said boundary lines shall not be compelled to become citizens of the United States, or to take any oath of allegiance to the government thereof, but they shall be at full liberty to do so, if they think proper; and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects or his Britannic majesty, shall be considered as having elected to become citizens of the United States.

common to both, and thereby to promote a disposition favourable to friendship and good neighbourhood, it is agreed that the respective governments will mutually promote this amicable intercourse, by causing speedy and impartial justice to be done, and necessary protection to be extended to all who may be concerned therein.

of his majesty and to the agent of the United States, who may be respectively appointed and authorized to manage the business on behalf of the respective governments; and both parties agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of dispute or difference between them.

ART. 4. Whereas it is uncertain whether the river Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the lake of the woods, in the manner mentioned in the treaty of peace between his majesty and the United States; it is agreed, that measures shall be taken, in concert with his majesty's government in America, and the government of the United States, for making a joint survey of the said river, from one degree of latitude below the falls of St. Anthony, to the principal source or sources of the said river, and also of the parts adjacent thereto; and that if, on the result of such survey, it should appear that the said river would not be intersected by such a line as is above mentioned, the two parties will thereupon proceed, by amicable negotiation, to regulate the boundary line in that quarter, as well as all other points, to be adjusted between the said parties, according to justice and mutual convenience, and in conformity to the intent of the said treaty.

ART. 5. Whereas doubts have arisen what river was truly intended under the name of the river St. Croix, mentioned in the said treaty of peace, and forming a part of the boundary therein described, that question shall be referred to the final decision of commissioners, to be appointed in the following manner, viz.-One commissioner shall be named by his majesty, and one by the president of the United States, by and with the advice and consent of the senate thereof, and the said two commissioners shall agree, they shall each propose one person; and of the two names so proposed, one shall be drawn by lot in the presence of the two original commissioners; and the three commissions so appointed shall be sworn impartially to examine and decide the said question, according to such evidence as shall respectively be laid before them, on the part of the British government and of the United States. The said commissioners shall meet at Halifax, and shall have power to adjourn to such other place or places as they shall think fit. They shall have power to appoint a secretary, and to employ such surveyors or other persons as they shall judge necessary. The said commissioners shall,by a declaration under their hands andseals, decide what river is the river St. Croix intended by the treaty. The said declaration shall contain a description of the said river, and shall particularize the latitude and longitude of its mouth and of its source. Duplicates of this declaration, and of the statement of their accounts, and of the journal of their proceedings, shall be delivered by them to the agent

ART. 6. Whereas it is alleged, by divers British merchants, and others his majesty's subjects, that debts to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States, and that by the operation of various lawful impediments since the peace not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that, by the ordinary course of judicial proceedings, the British creditors cannot now obtain, and actually have and receive full and adequate compensation for the losses and damages which they have thereby sustained; it is agreed that in all such cases where full compensation for such losses and damages cannot for whatever reason, be actually obtained, had and received by the said creditors in the ordinary course of justice, the United States will make full and complete compensation for the same to the said creditors; but it is distinctly understood that this provision is to extend to such losses only as have been occasioned by the lawful impediments aforesaid, and is not to extend to losses occasioned by such insolvency of the debtors, or other causes as would equally have operated to produce such loss if the said impediments had not existed, nor to such losses or damages as have been occasioned by the manifest delay or negligence, or wilful omission, of the claimant.

For the purpose of ascertaining the amount of any such losses and damages, five commissioners shall be appointed, and authorized to meet and act in manner following, viz. two of them shall be appointed by his majesty, two of them by the president of the United States by and with the advice and consent of the senate thereof, and the fifth by the unanimous voice of the other four; and if they should not agree in such choice, then the commissioners named by the two parties shall respectively propose one person, and of the two names so proposed one shall be drawn by lot in the presence of the four original commissioners.


When the five commissioners thus appointed shall first meet, they shall, before they proceed to act respectively, take the following oath or affirmation, in the presence of each other, which oath or affirmation being so taken and duly attested, shall be entered on the record of their proceedings, viz. “ I, A. B. one of the commissioners appointed in pursuance of the sixth article of the treaty of amity, commerce, and navigation, between his Bri

« ZurückWeiter »