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XIX. The vessels of war, public and private, of both parties, fall 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 customs, 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 party, but may freely be carried out again at any time by their captors to the places expressed in their commillions, which the commanding officer of such vellel mall be obliged to show. But conformably to the treaties existing between the United States and Great Britain, no vellel that thall have made a prize upon British 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 possible.
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 shall 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 shall be observed between them,
1. If a veffel of one of the parties, taken by the enemy, thall, before being carried into a nentral 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 vellel 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 fold 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 t.cy Thall take, and carry into the ports of the two parties.
XXII. When the contradling parties shall have a common cnemy, or Thall both be neutral, the veilels of war of each thall upon all occasions take under their protection the vesels of the oiher going the same course, and thall defend such veilels as long as they hold the same course, against all force and violence, in the fainc manner as they ought to protect and defend vessels belonging to the party of which they are.
XXIll. It war ihould arise between the two contrading parries, the merchants of either country, then retiding in the other, thall be allowed to remain nine months to collect iheir debts and fettle their affairs, and may depart freely, carrying off all their cffeets without molestation or hindrance; and all women and children, scholars of every faculty, cultivators of the earth, artifans, manufacturers, and fithermen, 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 employmenes, and thall not be molested in their persons, nor thall their houses or goods be burnt, or otherwise deitroyed, nor their fields wasted 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 same 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 cach 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 thall be placed in some part of their dominions in Europe or America, in wholcfome fituations; that they shall not be contined in dungeons, prison-fhips, nor prisons, nor be put in irons, nor bound, nor otherwife 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 cantoninents 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 also be daily furnished by the party in whose power they are with as many rations, and of the saine 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 furnished by them with such ration as they hall allow to a common foldier in their own service; the value whereof Thall be paid by the other party on a mutual adjustment of accounts for
lie sublilence of prisoners at the close of the war; and the faid accounts (hall not be mingled with or set off against any others, Der the balances due on them be withheld as a satisfaction or reprisal for any other article, or for any other caufe real or pretended , whatever. That each party shall be allowed to keep a commissary of prisoners of their own appointment, with every separate cantonment of prisoners in poflellion of the other ; which commiflary thall see the prisoners as often as he pleases; thall be allowed to receive and distribute whatever comforts may
be sent to them by their friends; and hall be free to make his reports in open letters to those who employ him ; but if any officer thall 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 difTolves all trcaties; nor any other whatever, Mall be confidered as annulling or fufpending this and the next preceding article ; but on the contrary, that the state of war is precisely that for which they are provided, and during 'which they are to be as sacredly observed as the most acknowledged articles in the law of nature and nations.
XXV. The two contracting parties have granted to cach other the liberty of having each in the ports of the other, consuls, vice-consuls, agents, and commissaries of their own appointment, who fall enjoy the same privileges and powers as those of the most favoured nations. But if any such consuls thall exercise 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 is freely granted to such other nation,, or on yielding the same compensation when the grant is conditional.
XXVII. His Majesty the King of Pruslia and the United States of America agree, that this treaty shall be in force during the term of ten years from the exchange of the ratifications; and it the expiration of that term thould happen during the course of a war between them, then the articles before provided for the regula:ion of their conduct during such war, ihall continue in force until the conclusion of the treaty which thall reitore peacc.
This treaty shall be ratified on both sides, and the ratification exchanged within one year from the day of its fignature, or Isoner if possible.
In testimony whereof the plenipotentiaries before mentioned
have her to subscribed their names and affixed their seals. Done at Berlin, the eleventh of July, in the year one thouland feven hundred and ninety-nine. (L. S.) CHARLES GUILLAUME Compte de Fin.
KENSTEIN (L. S.)
PHILIPPE CHARLES D'ALVENSLEBEN. (L. S.)
CHRETIEN HENRI CURTE Compte
Proclamations, Manifeftoes, Cor
respondence, &c. .
Subßance of a Declaration published by a Committee of the States of,
Bavaria, 2716 January 1800.
meeting of the states, which has been wanted so long : for we mult frankly own, that this appears to us to be the only constitutional means to put a stop to the unexampled party-fpirit ; 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 leneficial 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 fittings at Munich, but at Landshut.
Obfervations 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 foring their staple commodity, was necessarily interrupted, because naval Mores 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, undilputed breach of neutrality, subjedling the vellets to seizure and condemnation, and, if justified 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 consequence of VOL. X. B