shall be inadmissible, separately, with her Imperial Majesty, or any of those, that is, those neutral powers. The treaty being only made to continue during the war, his powers terminated with the war, or at most extended only to signing it with the neutral powers, and not to form a new and separate treaty.

Whereupon Congress came to the following resolution:

Whereas the primary object of the resolution of October 5, 1780, and of the commission and instructions to Mr. Dana, relative to the accession of the United States to the neutral confederacy, no longer can operate; and as the true interest of these states requires that they should be as little as possible entangled in the politics and controversies of European nations, it is inexpedient to renew the said powers either to Mr. Dana, or to the other ministers of these United States in Europe; but, inasmuch as the liberal principles, on which the said confederacy was established, are conceived to be in general favourable to the interests of nations, and particularly to those of the United States, and ought in that view to be prompted by the latter as far as will consist with their fundamental policy:

Resolved, That the ministers plenipotentiary of these United States for negotiating a peace be and they are hereby instructed, in case they should comprise in the definitive treaty any stipulations amounting to a recognition of the rights of neutral nations, to avoid accompanying them by any engagements which shall oblige the contracting parties to support those stipulations by arms.

20

Instructions of the Continental Congress to the Peace Commissioners (J. Adams, Franklin, Jay, Laurens), October 29, 1783 1

To the ministers plenipotentiary of the United States of America at the Court of Versailles empowered to negotiate a peace, or to any one or more of them:

First. You are instructed and authorised to announce to his Imperial Majesty the Emperor of Germany, or to his ministers, the high sense which the United States in Congress assembled entertain of his exalted character and eminent virtues, and their earnest desire to cultivate his friendship, and to enter into a treaty of amity and commerce for the mutual advantage of the subjects of his Imperial Majesty, and the citizens of these United States.

Secondly. You are instructed to meet the advances and encourage the disposition of the other commercial powers in Europe for entering into treaties of amity and commerce with these United States. In negotiations on this subject, you will lay it down as a principle

Journals of the Continental Congress, vol. xxv, pp. 754-757.

in no case to be deviated from, that they shall respectively have for their basis the mutual advantage of the contracting parties, on terms of the most perfect equality and reciprocity, and not to be repugnant to any of the treaties already entered into by the United States with France and other foreign powers. That such treaties shall, in the first instance, be proposed for a term not exceeding fifteen years, and shall not be finally conclusive until they shall respectively have been transmitted to the United States in Congress assembled, for their examination and final direction; and that, with the drafts or propositions for such treaties, shall be transmitted all the information which shall come within the knowledge of the said ministers respecting the same; and their observations, after the most mature inquiry, on the probable advantages or disadvantages and effects of such treaties respectively.

Fifthly. The acquisition of support to the independence of the United States having been the primary object of the instructions to our ministers respecting the convention of the neutral maritime powers for maintaining the freedom of commerce, you will observe that the necessity of such support is superseded by the treaties lately entered into for restoring peace. And although Congress approve of the principles of that convention, as it was founded on the liberal basis of the maintenance of the rights of neutral nations, and of the privileges of commerce, yet they are unwilling, at this juncture, to become a party to a confederacy which may hereafter too far complicate the interests of the United States with the politicks of Europe; and therefore, if such a progress is not already made in this business as may render it dishonourable to recede, it is the desire of Congress and their instruction to each of the ministers of the United States at the respective courts in Europe, that no farther measures be taken at present towards the admission of the United States into that confederacy.

21

Treaty Plan of the Continental Congress, May 7, 17841

Whereas instructions, bearing date the 29th day of October, 1783, were sent to the ministers plenipotentiary of the United States of America at the court of Versailles empowered to negotiate a peace, or to any one or more of them, for concerting drafts or propositions

1Journals of the Continental Congress, vol. xxvi, pp. 357-362.

for treaties of amity and commerce with the Commercial powers of Europe:

Resolved, That it will be advantageous to these United States to conclude such Treaties with Russia, the Court of Vienna, Prussia, Denmark, Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, Naples, Venice, Sardinia and the Ottoman Porte.

Resolved, That in the formation of these treaties the following points be carefully stipulated:

4. That it be proposed, though not indispensably required, that if war should hereafter arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance; and all fishermen, all cultivators of the earth, and all artisans or manufacturers, unarmed and inhabiting unfortified towns, villages or places, who labour for the common subsistence and benefit of mankind, and peaceably following their respective employments, shall be allowed to continue the same, and shall not be molested by the armed force of the enemy, in whose power, by the events of war, they may happen to fall; but if any thing is necessary to be taken from them for the use of such armed force, the same shall be paid for at a reasonable price; and all merchants and traders exchanging the products of different places, and thereby rendering the necessaries, conveniences and comforts of human life more easy to obtain and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers shall grant or issue any commission to any private armed vessels empowering them to take or destroy such trading ships, or interrupt such commerce.

5. And in case either of the contracting parties shall happen to be engaged in war with any other nation, it be farther agreed, in order to prevent all the difficulties and misunderstandings that usually arise respecting the merchandize heretofore called contraband, such as arms, ammunition and military stores of all kinds, that no such articles carrying by the ships or subjects of one of the parties to the enemies of the other, shall on any account, be deemed contraband, so as to induce confiscation and a loss of property to Individuals. Nevertheless, it shall be lawful to stop such ships, and detain them for such length of time as the Captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding on their voyage, paying, however, a reasonable compensation for the loss such arrest shall occasion to the pro

prietors; and it shall further be allowed to use, in the service of the Captors, the whole or any part of the Military Stores so detained, paying the owners the full value of the same to be ascertained by the current price at the place of its destination. But if the other contracting party will not consent to discontinue the confiscation of contraband goods, then that it be stipulated, that if the master of the vessel stopped will deliver out the goods charged to be contraband, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, but shall be allowed to proceed on her voyage.

6. That in the same case, where either of the contracting parties shall happen to be engaged in war with any other power, all goods not contraband belonging to the Subjects of that other power, and shipped in the bottoms of the party hereto, who is not engaged in the war, shall be entirely free. And that to ascertain what shall constitute the blockade of any place or port, it shall be understood to be in such predicament, when the assailing power shall have taken such a station as to expose to imminent danger any ship or ships that would attempt to sail in or out of the said port; and that no vessel of the party who is not engaged in the said war shall be stopped without a material and well-grounded cause; and in such cases justice shall be done, and an indemnification given, without loss of time to the persons aggrieved and thus stopped without sufficient cause.

7. That no rights be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy; but where on the death of any person holding real estate within the territories of one of the contracting parties, such real estate would by their laws descend on a Subject or Citizen of the other, were he not disqualified by alienage, there he shall be allowed a reasonable time to dispose of the same, and withdraw the proceeds without molestation.

8. That such treaties be made for a term not exceeding ten years from the exchange of ratifications.

9. That these instructions be considered as supplementary to those of October 29, 1783; and not as revoking, except where they contradict them. That where, in treaty with a particular nation, they can procure particular advantages, to the specification of which we have been unable to descend, our object in these instructions having been to form outlines only, and general principles of treaty with many nations, it is our expectation they will procure them, though not pointed out in these instructions; and where they may be able to form treaties on principles which in their judgment will be more beneficial to the United States than those herein directed to be made

their basis, they are permitted to adopt such principles. That as to the duration of the treaties, though we have proposed to restrain them to the term of ten years, yet they are at liberty to extend the same as far as fifteen years with any nation which may pertinaciously insist thereon. And that it will be agreeble to us to have supplementary treaties with France, the United Netherlands and Sweden, which may bring the treaties we have entered into with them as nearly as may be to the principles of those now directed; but that this be not pressed, if the proposal should be found disagreeable.

Resolved, That treaties of amity, or of amity and commerce, be entered into with Morocco, and the regencies of Algiers, Tunis and Tripoly, to continue for the same term of ten years, or for a term as much longer as can be procured.

That our ministers to be commissioned for treating with foreign nations make known to the emperor of Morocco the great satisfaction which Congress feel from the amicable disposition he has shewn towards these states, and his readiness to enter into alliance with them. That the occupations of the war and distance of our situation have prevented our meeting his friendship so early as we wished. But the powers are now delegated to them for entering into treaty with him, in the execution of which they are ready to proceed. And that as to the expences of his minister, they do therein what is for the honor and interest of the United States.

Resolved, That a commission be issued to Mr. J. Adams, Mr. B. Franklin and Mr. T. Jefferson, giving powers to them, or the greater part of them, to make and receive propositions for such treaties of amity and Commerce, and to negotiate and sign the same, transmitting them to Congress for their final ratification; and that such commission be in force for a term not exceeding two years.

22

Treaty of Amity and Commerce between the United States and Prussia, September 10, 17851

[Articles 12, 13, and 23]

ARTICLE 12. If one of the contracting parties should be engaged in war with any other power the free intercourse & commerce of the Subjects or Citizens of the party remaining neuter with the belligerent powers shall not be interrupted. On the contrary in that case as in full peace, the Vessels of the neutral party may navigate freely

1

Miller, Treaties and Other International Acts, vol. II, pp. 162-183.