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XIX. The vessels of war, public and private, of both parties, hall carry freely wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees 10 officers of admiralty, of the cultoms, or any others; nor shall such prizes be arrested, searched, or put under legal process, when they come to and enter the ports of the other pariy, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vellel shall be obliged to Thow. But conformably to the treaties existing between the United States and Great Britain, no vellel that thall have made a prize upon Britith subjects, shall have a right to thelter in the ports of the United States ; but if forced therein by tempests, or any other danger, or accident of the sea, they thall be obliged to depart as soon as poffible.

XX. No citizen or subject of either of the contracting parties shall take from any power with which the other may be at war, any commission or letter of marque for arming any veilel to act as a privateer against the other, on pain of being punished as a pirate : Bor ihall either party hire, send, or give any part of its naval or military force to the enemy of the other to aid them offensively or defensively against the other.

XXI. If the two contracting parties should be engaged in a war against a common enemy, the following points thall be observed between them,

1. If a veffel of one of the parties, taken by the enemy, thall, before being carried into a neutral or enemy's port, be taken by a fhip of war or privateer of the other, it thall

, with the cargo, be restored to the first owners, for a compensation of one eighth part of the value of the said vessel and cargo, if the recapture be made by a public ship of war, and one fixth part, if made by a privateer.

2. The restitution in such cases shall be after due proof of property, and surety given for the part to which the recaptors are entitled.

3. The vessels of war, public and private, of the two parties, Thall reciprocally be admitted with their prizes into the respective ports of each ; but the said prizes shall not be discharged or sold there, until their legality shall have been decided according to the laws and regulations of the state to which the captor belongs, but by the judicatories of the place into which the prize thall have been conducted.

4. It shall be free to each party to make such regulations as they shall judge necessary for the conduct of their respective vessels of war, public and private, relative to the vessels which they shall take, and carry into the ports of the two parties.

XXII.

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XXII. When the contracting parties thall have a common cnemy, or thall both be neutral, the veilels of war of each thall upon all occasions take under their protection the velels of the other going the same course, and thall defend such veilels as long as they hold the same course, agaivit all force and violence, in the laine manner as they ought to protect and defend veflets belonging to the party of which they are.

xxin. It war thould arise between the two contracting parties, the inerchants of either country, then retiding in the other, Thall be allowed to remain nine months to collect iheir debts and fertle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance ; and all women and children, scholars of every faculty, cultivators of the earth, artifans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others, whose occupations are for the common subsistence and benefit of mankind, thall be allowed to continue their respective employments, and thall not be molested in their persons, nor Thall their houses or goods be burnt, or otherwise deitroyed, nor their fields walted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall; but if any thing is neceílary to be taken from them for the use of such armed force, the fame shall be paid for at a reasonable price.

XXIV. And to prevent the destruction of prisoners of war, by fending them into distant and inclement 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 such practice; that neither will send the prisoners whom they may take from the other, into the East Indies, or any other part of Asia or Africa, but they shall be placed in some part of their dominions in Europe or America, in wholesome fituations; that they thall not be confined in dungeons, prison-thips, nor prisons, nor be put in irons, nor bound, nor other wife restrained in the use of their limbs ; that the officers shall be enlarged on their paroles within convenient districts, and have comfortable quarters, and the common men be disposed in can. tonments open and extensive enough for air and exercise, 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 thall alto be daily furnished by the party in whose power they are with as many rations, and of the faine articles and quality, as are, allowed by them, either in kind, or by commutation, to officers of equal rank in their own army; and all others thall be daily furr hed by them with such ration as they fall allow to a common foldier in their own service; the value whereof thall be paid by the other party on a mutual adjuftment of accounts for

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the sublistence of prisoners at the close of the war; and the said accounts shall not be mingled with or set off agaiult any others, Derihe balances due on them be withheld as a satisfaction or reprisal for any other article, or for any other caule real or pretended, , whatever. That each party shall be allowed to keep a commiffary of prisoners of their own appointment, with every sepaTate cantonment of prisoners in poflellion of the other ; which commillary shall see the prisoners as often as he pleases ; thall be allowed to receive and distribute whatever comforts

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be sent to them by their friends; and Mall be free to make his reports in open letters to those who employ him; but if any officer shall break his parole, or any other prisoner thall escape from the limits of his cantonment, after they have been designated to him, such ndividual officer or other prisoner thall forfeit so 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 dissolves all treaties, nor any other whatever, Mhall be confidered as annulling or fulpending this and the next preceding article ; but on the contrary, that the state of war is prccisely that for which they are provided, and during 'which they are to be as facredly observed as the most acknowledged articles in the law of nature and nations.

XXV. The two contracting parties have granted to each other the liberty of having each in the ports of the other, consuls, vice-consuls, agents, and commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favoured nations. But if any such consuls shall exerciso commerce, they thall be submitted to the same laws and usages to which the private individuals of their nation are submitted in the same place.

XXVI. If either party shall hercafter grant to any other nation any particular favour in navigation or commerce, it shall immediately become coinmon to the other party, freely, where it. *: freely granted to such other nation, or on yielding the same compensation when the grant is conditional.

XXVII. His Majesty the King of Prussia and the United States of America agree, that this urcaty shall be in force during the term of ten years from the exchange of the ratifications; ant it the expiration of that term thould happen during the course of a war between them, then the articles before provided for the regulation of their conduct during such war, ihall continue in force until the conclusion of the treaty which thall restore peace.

This treaty Thall be ratified on both sides, and the ratification exchanged within one year from the day of its fignature, or Suuner if posible.

Vol. X.

In testimony whereof the plenipotentiaries before mentioned

have hereto subscribed their names and affixed their feals. Done at Berlin, the eleventh of July, in the year one thoufand seven hundred and ninety-nine. (L. S.) CHARLES GEILLAUME Compte de FIN.

KENSTEIN. (L. S.) Philippe CHARLES D'ALVENSLEBEN. (L. S.)

CHRETIEN HENRI CURTE Compte

D'HAUGWITZ,
(L. S.) JOHN QUINCY ADAMS,

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Proclamations,

Proclamations, Manifestoes, Cor

respondence, &c.

Substance of a Declaration published by a Committee of the States of,

Bavaria, 27th January 1800.
E have no other choice left than to pray your Electoral,

Highness, as submillively as forcibly, to call together a meeting of the states, which has been wanted so long : for we must frankly own, that this appears to us to be the only constitutional means to put a stop to the uncxampled party-spirit; to avert in time the symptoms of anarchical principles; to reanimate the public spirit of the country ; radically to remedy the abuses in the political economy ; to bring to an effe&tual harmony the powers of the subjects; to restore to the country a fixed beneficial constitution, and thus to cltablish on a firm basis that prosperity, greatness, and dignity, of which Bavaria is capable.' In this situation of things, it must be understood, of course, that we can neither consent to extraordinary means for the defence of the country, or other purposes ; nor that we can enter on definitive reforms and declarations on business of importance, but that all affairs of that kind can only be settled by an allembly of the states.

[After this declaration had been made, the Committee received orders no longer to hold its littings at Munich, but at Landshut.

Observations on the Dispute with Denmark and the Northern Powers. IN every war between France and this country, the northern

po.rs have necessarily been exposed to some inconvenience and vexation from the conduct of the belligerents. Their trade, in what forins their staple commodity, was necessarily interrupted, because naval stores of every kind, as well as military stores, are contraband of war, and to supply any of the parties with these articles, is an undoubted, undilpuited breach of neutrality, subjeding the vellels to seizure and condemnation, and, if justificd by the government, is tantamount to a declaration of war.

Besides this inconvenience, which however depends on the exercise of so clear a right, that it is the necessary conscquence of VOL. X. B

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