XIX. The veffels of war, public 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 customs, or any others; nor fhall fuch prizes be arrested, fearched, or put under 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 veflel fhall be obliged to show. But conformably to the treaties exifting between the United States and Great Britain, no veffel that thall 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 thall be obliged to depart as foon as poffible.

XX. No citizen or fubject of either of the contracting parties fhall take from any power with which the other may be at war, any commiffion or letter of marque for arming any veifel to act as a privateer against the other, on pain of being punished as a pirate: nor thall either party hire, fend, or give any part of its naval or military force to the enemy of the other to aid them offensively or defenfively against the other.

XXI. If the two contracting parties fhould be engaged in a war against a common enemy, the following points fhall be obferved between them,

1. If a veffel of one of the parties, taken by the enemy, fhall, 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 compenfation of one eighth part of the value of the faid veffel and cargo, if the recapture be made by a public fhip of war, and one fixth part, if made by a privateer.

2. The reftitution in fuch cafes fhall be after due proof of property, and furety given for the part to which the recaptors are entitled.

3. The veffels of war, public and private, of the two parties, fhall reciprocally be admitted with their prizes into the respective ports of each; but the faid prizes fhall not be difcharged or fold there, until their legality fhall have been decided according to the laws and regulations of the ftate 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 fuch regulations as they fhall judge neceffary for the conduct of their respective veffels of war, public and private, relative to the vessels which they shall take, and carry into the ports of the two parties.

XXII. When the contrading parties fhall have a common enemy, or thall both be neutral, the velfels of war of each thall upon all occafions take under their protection the veffels of the other going the fame courfe, and fhall defend fuch veffels 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 aie.

XXIII. If war thould 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, carrying 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, whofe occupations are for the common fubfiftence and benefit of mankind, thall be allowed to continue their refpective employments, and thall not be molested in their perfons, nor thall their houfes or goods be burnt, or otherwife deftroyed, nor 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 neceffary to be taken from them for the ufe of fuch armed force, the fame fhall be paid for at a reasonable price.

XXIV. And to prevent the deftruction of prifoners of war, by fending them into diftant and inclement countries, or by crowding them into close and noxious places, the two contracting parties folemnly pledge themfelves to the world and to each other, that they will not adopt any fuch practice; that neither will fend the prifoners whom they may take from the other, into the East Indies, or any other part of Afia or Africa, but they shall be placed in fome part of their dominions 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 fhall be enlarged on their paroles within convenient diftricts, and have 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 whofe power they are, for their own troops: that the officers fhall alfo be daily furnifhed 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, or by commutation, to officers of equal rank in their own army; and all others fhall be daily furnished by them with fuch ration as they fhall 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

the fubfiftence of prifoners at the clofe of the war; and the faid accounts fhall not be mingled with or fet off against any others, ner 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 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 commiflary fhall fee the prifoners as often as he pleafes; fhall be allowed to receive and diftribute whatever comforts may be fent to them by their friends; and thall be free to make his reports in open letters to thofe who employ him; but if any officer fhall break his parole, or any other prifoner thall efcape from the limits. of his cantonment, after they have been defignated to him, fuch ndividual officer or other prifoner fhall forfeit 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 confidered as annulling or fufpending this and the next preceding 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 obferved 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, confuls, vice-confuls, agents, and commiffaries of their own appointment, who fhall enjoy the fame privileges and powers as thofe of the most favoured nations. But if any fuch confuls fhall 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.

XXVI. If either party fhall hereafter grant to any other nation any particular favour in navigation or commerce, it fhall immediately become common to the other party, freely, where it freely granted to fuch other nation,, or on 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 fhall be in force during the term of ten years from the exchange of the ratifications; and it 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 thall reftore peace.

This treaty fhall be ratified on both fides, and the ratification. exchanged within one year from the day of its fignature, or Loner if poffible.

VOL. X.

In teftimony whereof the plenipotentiaries before mentioned

have hereto fubscribed their names and affixed their feals. Done at Berlin, the eleventh of July, in the year one thoufand feven hundred and ninety-nine.

Proclamations, Manifeftoes, Cor

refpondence, &c.

Subftance of a Declaration publifhed by a Committee of the States of Bavaria, 27th January 1800.

WE have no other choice left than to pray your Electoral

Highnefs, as fubmiflively as forcibly, to call together meeting of the ftates, which has been wanted fo long for we muft frankly own, that this appears to us to be the only conftitutional means to put a stop to the unexampled party-fpirit; to avert in time the fymptoms of anarchical principles; to reanimate the public fpirit of the country; radically to remedy the abufes in the political economy; to bring to an effectual harmony the powers of the fubjects; to reftore to the country a fixed beneficial conftitution, and thus to establish on a firm bafis that profperity, greatnefs, and dignity, of which Bavaria is capable. In this fituation of things, it must be understood, of courfe, that we can neither confent to extraordinary means for the defence of the country, or other purpofes; nor that we can enter on definitive reforms and declarations on bufinefs of importance, but that all affairs of that kind can only be fettled by an affembly of the states. [After this declaration had been made, the Committee received orders no longer to hold its fittings at Munich, but at Landshut.

Obfervations on the Difpute with Denmark and the Northern Powers. IN every war between France and this country the northern. pors have neceffarily been expofed to fome inconvenience. and vexation from the conduct of the belligerents. Their trade, in what forms their staple commodity, was neceffarily interrupted, because naval ftores of every kind, as well as military ftores, are contraband of war, and to fupply any of the parties with thefe articles, is an undoubted, undifputed breach of neutrality, fubjecting the veffels to feizure and condemnation, and, if juftified by the government, is tantamount to a declaration of war.

Befides this inconvenience, which however depends on the exercife of fo clear a right, that it is the neceffary confequence of VOL. X.

B

every