war, in which the other fhould remain neutral, the ships of war and privateers of the belligerent power hall conduct themselves towards the merchant-veffels of the neutral power as favourably as the courfe of the war then exifting may permit, obferving the principles and rules of the law of nations, generally acknowledged. Art. 13. And in the fame cafe of one of the contracting parties being engaged in war with any other power, to prevent all the difficul, ties and mifunderstandings that ufually arife refpecting merchandize of contraband, fuch as arms, animunition, and military ftores of every kind, no fuch articles carried in the vellels, or by the fubjects or citizens of either party, to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. Neverthelefs, it fall be lawful to ftop fuch vessels and articles, and to detain them for fuch length of time as the captors may think neceffary to prevent the inconvenience or damage that might enfue from their proceeding, paying, however, a reaTonable compenfation for the lofs fuch arreft fhall occafion to the proprietors; and it fall farther be allowed to ule in the fervice of the captors the whole or any part of the military-ftores fo detained, paying the owners the full value of the fame, to be afcertained by the current price at the place of its deftination. But in a cafe fuppofed of a vellel flopped for articles of contraband, if the master of the vessel ftopped will deliver out the goods fuppofed to be of contraband nature, he thall be admitted to do it, and the veffel shall not, in that cafe, be carried into any port, nor farther detained, but fhall be allowed to proceed on her voyage. All cannons, mortars, fire-arms, piftols, bombs, grenades, bullets, balls, mufkets, flints, matches, powder, faltpetre, fulphur, cuiraffes, pikes, fwords, belts, cartouch-boxes, faddles and bridles, beyond the quantity neceflary for the ufe of the ship, or beyond that which every man ferving on board the veffel, or paífenger, ought to have; and in general whatever is comprised under the denomination of arms and military ftores of what defcription foever, fhall be deemed objects of contraband.. Art. 14. To enfure to the vessels of the two contracting parties, the advantage of being readily and certainly known in time of war, it is agreed, that they fhall be provided with the fea-letters and documents hereafter specified: 1ft. A paffport, expreffing the name, the property, and the burden of the vefel, as alfo the name and dwelling of the mafter; which paffport fhall be made out in good and due form, fhall be renewed as often as the veffel fhall return into port, and fhall be exhibited whenfoever required, as well in the open fea as in port. But if the vessel be under convoy of one or more veffels of war, belonging to the neutral party, the fimpie declaration of the officer commanding the convoy, that the faid vellel belongs to the party of which he is, thall be confidered as establishing the fact, and shall relieve both parties from the trouble of farther examination. 2d. A charter-party, that is to fay, the contract passed for the freight 3d. The lift of the hip's company, containing an indication by name, and in detail, of the perfons compofing the crew of the veffel. Thefe documents fhall always be authenticated according to the forms established at the place from which the veffel fhall have failed. As their production ought to be exacted only when one of the contracting parties fhall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the veffel, its cargo, and company, they fhall not be deemed abfolutely neceffary on board fuch veffels, belonging to the neutral party, as fhall have failed from its ports before or within three months after the government shall have been informed of the ftate of war, in which the belligerent party fhall be engaged. In the interval, in default of thefe fpecific documents, the neutrality of the vessel may be eftablifhed by fuch other evidence as the tribunals authorised to judge of the cafe may deem fufficient. Art. 15. And to prevent entirely all diforder and violence in fuch cafes, it is ftipulated, that when the veffels of the neutral party, failing without convoy, fhall be met by any vessel of war, public or private, of the other party, fuch veffel of war fhall not send more than two or three men in their boat on board the faid neutral veffel, to examine her pafiport and documents. And all perfons belonging to any veffel of war, public or private, who fhall moleft or infult, in any manner whatever, the people, veffels, or effects of the other party, fhall be refponfible in their perfons and property for damages and intereft, fufficient fecurity for which fhall be given by all commanders of private armed vessels before they are commiffioned. Art. 16. In times of war, or in cafes of urgent neceflity, when either of the contracting parties fhall be obliged to lay a general embargo, either in all its ports or in certain particular places, the veffels of the other party fhall be fubject to this measure, upon the fame footing as those of the most favoured nations, but without having the right to claim the exemptions in their favour, ftipulated in the 16th article of the former treaty of 1785. But on the other hand, the proprietors of the veffels which fhall have been detained, whether for fome military expedition, or for what other use foever, fhall obtain from the government that fhall have employed them, an equitable indemnity, as well for the freight as for the lofs occafioned by the delay. And farthermore, in all cafes of feizure, detention, or arreft, for debts contracted or offences committed by any citizen or fubject of the one party, within the jurifdiction of the other, the fame fhall be made and profecuted by order and authority of that only, and according to the regular courfe of proceedings ufed in fuch cafes. Art. 17. If any veffel or effe& of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the power at war, they fhall be restored to the first proprietor upon the conditions hereafter ftipulated in the 21ft article for cafes of recapture. Art. 18. If the citizens or fubjects of either party in danger from tempefts, pirates, enemies, or other accident, fhall take refuge with their U 4 veffels vessels or effects within the harbours or jurifdiction of the other, they fhall be received, protected, and treated with humanity and kindnefs, and fhall be permitted to farnifh themselves, at a reasonable price, with all refreshments, provifions, and other things neceffary for their fuftenance, health, and accommodation, and for the repair of their veffels. Art. 19. The veffels of war, pub. lic and private, of both parties, fhall carry freely, wherefoever they pleafe, the veffels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees to officers of admiralty, of the cultoms, or any others; nor fhall fuch prizes be arrefted, fearched, or put under any legal procefs, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expreffed in their commiffions, which the commanding officer of fuch veffel fhall be obliged to fhow. But conformably to the treaties exifting between the United States and Great Britain, no veffel that fhall have made a prize upon British fubjects, fhall have a right to fhelter in the ports of the United States; but if forced therein by tempefts, or any other danger, or accident of the fea, they fhall be obliged to depart as foon as poffible. Art. 20. No citizen or fubject of either of the contracting parties fhall take from any power with which the other may be at war, any commiflion or letter of marque for arming any veffel to act as a privateer against the other, on pain of being punished as a pirate: nor fall either party hire, fend, or give any part of its naval or military force to the enemy of the other fo aid them offenfively or defenfively againft the other. Art. 21. If the two contracting parties fhould be engaged in a war against a common enemy, the following points fhall be observed between them: Ift. If a veffel of one of the parties, taken by the enemy, fhall, be fore being carried into a neutral or enemy's port, be taken by a fhip of war or privateer of the other, it fhall, with the cargo, be restored to the firft owners, for a compenfation of one-eighth part of the value of the faid vellel and cargo, if the recapture be made by a public fhip of war, and one-fixth part, if made by a privateer. 2d. The reflitation in fuch cases fhall be after due proof of property, and furety given for the part to which the recaptors are entitled. 3d. The veffels of war, public and private, of the two parties, fhall reciprocally be admitted with their prizes into the refpective ports of each; but the faid prizes hall not be difcharged or fold there, antil their legality fhall have been decided according to the laws and regulations of the ftate to which the captors belongs, but by the judicatories of the place into which the prize fhall have been conducted. 4th. It fhall be free to each party to make fuch regulations as they fhall judge neceflary for the conduct of their refpective veffels of war, public and private, relative to the veflels which they shall take, and carry into the ports of the two parties. Art. 22. When the contracting parties fhall have a common enemy, or fhall both be neatral, the vessels of war of each shall upon all'occa fons fions take under their protection the veffels of the other going the fame courfe, and shall defend fach vessels as long as they hold the fame courfe, against all force and violence, in the fame manner as they ought to protect and defend veffels belonging to the party of which they are. Art. 23. If war fhould arife between the two contracting parties, the merchants of either country, then refiding in the other, fhall be allowed to remain nine months to collect their debts and fettle their affairs, and may depart freely, car rying off all their effects without moleftation or hindrance; and all women and children, fcholars of every faculty, cultivators of the earth, artifans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others, whole occupations are for the common fubfiftence and benefit of mankind, fall be allowed to continue their respective employments, and fhail not be molefted in their perfons, nor fhall their honfes or goods be burnt, or otherwife deftroyed, for their fields wafted by the armed force of the enemy, into whofe power, by the events of war, they may happen to fall; but if any thing is neceflary to be taken from them for the ufe of fuch armed force, the fame fhall be paid for at a reafonable price. Art. 24. And to prevent the deftruction of prisoners of war, by fending them into diftant and in clement countries, or by crowding them into close and noxious places, the two contracting parties folemnly pledge themselves to the world and to each other, that they will not adopt any fuch practice; that nei ther will fend the prifoners whom they may take from the other, into the Eaft Indies, or any other part of Afia or Africa, but they fhall be placed in fome part of their domi nions in Europe or America, in wholefome fituations; that they fhall not be confined in dungeons, prifon-fhips, nor prifons, nor be put in irons, nor bound, nor otherwife reftrained in the ufe of their limbs; that the officers halt be enlarged on their paroles within convenient dif tricts, and have comfortable quarters, and the common men be dif pofed 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 fhall alfo be daily furnished by the party in whofe power they are with as many rations, and of the fame articles and quality as are allowed by them, either in kind, er by commutation, to officers of equal rank in their own army; and alt others fhall be daily furnished by them with fueh ration as they fail allow to a common foldier in their own fervice; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the fubfiftence of prisoners at the clofe of the war; and the faid ac counts fhall not be mingled with or fet off against any others, nor the balances due on tem be withheld as a fatisfaction or reprifal for any other article, or for any other caufe real or pretended whatever. That each party fhall be allowed to keep a commiffary of prifoners of their own appointment, with every feparate cantonment of prifoners in poffeffion of the other; which com millary miffary fhall fee the prifoners as often as he pleases; thall be allowed to receive and diftribute whatever comforts may be fent to them by their friends; and fhall be. free to make his reports in open letters to those who employ him; but if any officer fhall break his parole, or any other prifoner fall efcape from the limits of his cantonment, after they have been defignated to him, fuch individual officer or other prifoner fhall for feit fo much of the benefit of this article as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war diffolves all treaties, nor any other whatever, fhall be considered as annulling or fufpending this and the next pre ceding article; but on the contrary, that the ftate of war is precifely that for which they are provided, and during which they are to be as facredly oblerved as the moft acknowledged articles in the law of nature and of nations. Art. 25. The two contracting parties have granted to each other the liberty of having each in the ports of the other, confuls, viceconfuls, agents, and commiflaries. of their own appointment, who fhall enjoy the fame privileges and powers as thole of the moft favoured nations. But if any fuch confuls fall exercife commerce, they fhall be fubmitted to the fame laws and ufages to which the private individuals of their nation are fubmitted in the fame place. Art. 26. If either party fhall hereafter grant to any other nation any particular favour in navigation or commerce, it fall immediately become common to the other party, freely, where it is freely granted to fuch other nation, or on yielding the fame compenfation when the grant is conditional. Art. 27. His majefty the king of Pruffia and the United States of America agree, that this treaty fhall be in force during the term of ten years from the exchange of the ratifications; and if the expiration of that term fhould happen during the courfe of a war between them, then the articles before provided for the regulation of their conduct during fuch war, fhall continue in force until the conclufion of the treaty which hall restore peace. This treaty fhall be ratified on both fides, and the ratification exchanged within one year from the day of its fignature, or sooner if poflible. In teftimony whereof the plenipotentiaries, before mentioned, have hereto fubfcribed their names and affixed their feals. Done at Berlin, July 11, 1799. (L. S.) Charles Guillaume compte de Finkenstein. venfleben. (L. S.) Philippe Charles d'Al |