« PrejšnjaNaprej »
nions of his said Majesty, no other or greater duties, charges, or fees whatever, than the most favoured nation is or shall be obliged to pay ; and they shall enjoy all the rights, privileges, and exemprions in navigation and commerce, which the most favoured na. tion does or Thall enjoy ; submitting themselves, nevertheless, 10 the established laws and usages to which are submitted the subjects of his Majesty the King of Prussia, and the subjects and citizens of the most favoured nations.
IV. More especially, each party shall have right to carry their own produce, manufactures, and merchandise, in their own or any other vessels, to any parts of the dominions of the other, where it shall be lawful for all the subjects and citizens of that other freely to purchase them, and thence to take the produce, manufactures, and merchandise of the other, which all the said citizens or subjects fhall in like manner be free to sell there, paying, in both cases, such duties, charges, and fees only, as are or thall be paid by the most favoured nation. Nevertheless, his Ma. jesty the King of Pruslia and the United States, respe&tively, reserve to themselves the right, where any nation restrains the transportation of merchandise to the vessels of the country of which it is the growth or manufacture, to establish against such nation retaliating regulations; and also the right to prohibit in their respective countries the importation and exportation of all merchandile whatsoever, when reasons of Nate shall require it. In this case, the subjects or citizens of either of the contracting parties
skall not import or export the merchandise prohibited by the other. · But if one of the contracting parties permits any other nation to
import or export the fame merchandise, the citizens or subjects of the other shall immediately enjoy the same liberty.
V. The merchants, commanders of vessels, or other subjects or citizens of either party, shall not, within the ports or jurisdiction of the other, be forced to unload any sort of merchandise into any other vessels, nor receive them into their own, nor to wait for their being loaded longer than they please. · VI. That the vessels of either party, loading within the ports or jurisdiction of the other, may not be uselessly harassed, or detained, it is agreed, that all examinations of goods, required by the laws, shall be made before they are laden on board the vessel, and that there shall be no examination after ; nor shall the vessel be searched, at any time, unless articles thall have been laden therein claudeltinely and illegally ; in which case the person by whose order they were carried on board, or who carried ihem without order, thall be liable to the laws of the land in which he is ; but no other person fall be molested, nor thail any other goods, nor the vessel, be seized or detained for that cause.
VII. Each party thall endeavour, by all the means in their power, to protect and defend all vessels and other effects belonging
to the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land ; and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and their effects, which shall be taken from them within the extent of their said jurisdiction.
VIII. The vessels of the subjects or citizens of either party, coming on any coast belonging to the other, but not willing to enter into port, or who entering into port are not willing to unload their cargoes or break bulk, shall have liberty to depart, and to pursue their voyage, without molestation, and without being obliged to render account of their cargo, or to pay any duties, charges, or fees whatsoever, except established for velfels entered into port, and appropriated to the maintenance of the port itself, or of other establishments for the safety and convenience of navigators; which duties, charges, and fees shall be the same, and shall be paid on the fame footing, as in the case of subjects or citizens of the country where they are established.
IX. When any vessel of either party shall be wrecked, foundered, or otherwise dainaged on the coasts or within the domi. nions of the other, their respective citizens or subjects fhall receive, as well for themselves as for their vessels and effects, the same allistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case; and if the operations of repair shall require that the whole or any part of the cargo be unloaded, they shall pay no duties, charges, or fees upon the part which they thall reload and carry away. The ancient and barbarous right to wrecks of the sca shall be entirely abolished with respect to the subjects or citizens of the two contracting parties.
X. The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise; and their representatives, being subjects or citizens of the other party, shall succeed to their faid personal goods, whether by testament or ab inteftato, and may take poffeffion thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying fuch dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care thall be taken of the said goods as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving théin. And if question should arile among several claimants, to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the death of any person, holding real estate within the territories of the one party, such real estate would, by, the laws of the land, descend on a citizen or subject of the other were he not disqualified by alienage, such subjcct shall be allowed a reasonable time to fell the same, and to withdraw the proceeds, without molestarion, and cxempt from all rights of detraction on the part of the government of the respective states. But this article shall not derogate in any mariner from the force of the laws already published, or hercafter to be published by his Majesty the King of Prusia, to prevent the emigration of his subjects.
XI. The most perfect frecdom of conscience and of worship is granted to the citizens or subjects of either party, within the jurisdiction of the other, and no person shall be molested in that respect, for any cause other than an insult on the religion of others. Morcover, when the subjects or citizens of the one party fliall die within the jurisdiction of the other, their bodies shall be buried in the usual burying-grounds, or other recent and fuitable places, and ihall be protected from violation or disturbance.
XII. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which free thips make free goods, has not been sufficiently respected during the two last wars, and especially in that which still continues, the two contracting parties propose, after the return of a general peace, to agree either separately between themselves, or jointly with other powers alike interested, to concert with the great maritime powers of Euiope, such arrangements and such permanent principles as may serve to consolidate the liberty and the safety of the neutral navigation and commerce in future wars.--And if, in the interval, either of the contracting parties should be engaged in a war, in which the other should remain neutral, the ships of war and privateers of the belligerent power thall conduct themselves towards the merchant-veliels of the neutral power as favourably as the course of the war then existing may permit, observing the principles and rules of the law of nations, generally acknowledged.
XIII. And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings that usually arise respecting merchandise of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condenination, and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may
think necessary to prevent the inconvenience or damage that might enfue from their proceeding, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall further be allowed to use in the service of the captors
the whole or any part of the military stores fo detained, paying the owners the full value of the same, to be aleertained by the current price at the place of its deftination. But in a calc fupposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods fupposed to be of contraband nature, he Thall be adınicted to do it, and the vessel shall not, in that case, be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.
All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, faltpetre, fulphur, cuirasses, pikes, swords, belts, cartouch-boxes, faddles and bridles, beyond the quantity necessary for the use of the ship, or beyond that which every man serving on board the vessel, or pafsenger, ought to have ; and in general whatever is comprised under the denomination of arms and military stores of what description foever, shall be deemed objects of contraband.
XIV. To ensure 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 shall be provided with the fea-letters and docuinents hereafter fpecified :
1. A passport, expressing the name, the property, and the burden of the vessel, as also the name and dwelling of the master; which passport shall be made out in good and due form, thall be renewed as often as the vellel shall return into port, and shall be exhibited whenfoever required, as well in the open sea as in port. But if the vessel be under convoy of one or more veftels of war, belonging to the neutral party, the simple declaration of the officer commanding the convoy, that the said vessel belongs to the party of which he is, shall be considered as establishing the fact, and shall relieve both parties from the trouble of further exaininalion.
2. A charter-party, that is to say, the contract pared for the freight of the whole vessel--or the bills of lading given for the cargo in detail.
3. The list of the ship's company, containing an indication by name, and in detail, of the persons composing the crew of the velfel. These documents thall always be authenticated according to the forms established at the place from which the vellel thall have failed.
As their produ&tion ought to be exacted only when one of the contracting parties shall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vesiel, its cargo and company, they shall not be deemned absolutely necelsary on board such vessels, belonging to the neutral party, as hall have failed from its ports before or within three months after the government thall have been informed of the state of war,
in which the belligerent party shall be engaged. In the interval, in default of these specific documents, the neutrality of the vessel may be established by such other evidence as the tribunals authorized to judge of the case may deem fufficient.
XV. And to prevent entirely all disorder and violence in such cases, it is stipulated, that when the vessels of the neutral party, failing without convoy, shall be met by any vessel of war, public or private, of the other party, such vellel of war fhall not lend inore than two or three men in their boat on board the said nentral vessel, to exainine her passport and documents. And all persons belonging to any veffel of war, public or private, who jhall moleft or insult in any manner whatever, the people, vessels, or effects of the other party, shall be responsible in their persons and property for damages and interelt, sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned.
XVI. In times of war, or in cases of urgent necessity, when either of the contracting parties thall be obliged to lay a general embargo, either in all its ports or in certain particular places, the veifels of the other party fall be subject to this measure, upon the same 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 foriner treaty of 1785. But on the other hand, the proprietors of the vessels which shall have been detained, whether for some military expedition, or for what other use foever, ihall obtain from the government that thall have employed them, an equitable indemnity, as well for the freight as for the loss occalioned by the delay. And furthermore, in all cases of feizure, detention, or arrest, for debts contraded or offences coinmited by any citizen or subject of the one party, wi hin the jurifdi&tion of the other, the same thall be made and prosecuted by criter and authority of that only, and according to the regular course of proceedings used in such cases.
XVII. If any velfel or effects of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the power at war, they fall be restored to the firit proprietor upon the conditions hereafter itipulated in the 2ift article for cases of reCapture.
XVIII. If the citizens or subjects of either party in danger froin tempeits, pirates, enemies, or other accident, shall take refiige with their vellels or effects within the harbours or jurisdiction of the other, they thall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish themselves at a reasonable price, with all refreshments, provi. Lions, and other things neceffàry for their sustenance, health, and accommodation, and for the repair of their vefsels.