cording to the tenor of the treaties exifting between his faid Mot Chriftian Majefty and the faid United States.

XX. No citizen or fubject of either of the contracting parties shall take from any power with which the other may be at war, any com. miffion or letter of marque for arming any veffel to act as privateer against the other, on pain of being punished as a pirate; nor fhall either party hire, lend, or give any part of their naval or military force to the enemy of the other, to aid them offenfively or defenfively against that other.

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

tween them:

ift. If a veffel of one of the parties, retaken by a privateer of the other, shall not have been in poffeffion of the enemy more than twenty. four hours, the fhall be restored to the first owner for one third of the value of the veffel and cargo: but if the fhall have been more than twenty-four hours in the poffeffion of the enemy, fhe fhall belong wholly to the recaptor. 2d. If in the fame cafe the recapture were by a public veffel of war of one party, restitution shall be made to the owner for one thirtieth part of the value of the veffel and cargo, if fhe shall not have been in the poffeffion of the enemy more than twenty-four hours, and one tenth of the faid value where the fhall have been longer, which fums fhall be diftributed in gratuities to the recaptors. 3d. The reftitution in the cafes aforefaid, fhall be after due proof of property, and furety given for the part to which the recaptors are entitled. 4th. The veffels of war, public and private, of the two parties, fhall be reciprocally admitted with their prizes into the respective ports of each; but the faid prizes fhall not be difcharged nor 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 judicatures of the place into which the prize fhall have been conducted. 5th. It fhall be free to each party to make fuch regulations as they fhall judge neceffary, for the conduct of their refpective veffels of war, public and private, relative to the veffels which they fhall take and carry into the ports of the two parties.

XXII. Where the parties fhall have a common enemy, or fhall both be neutral, the vessels of war of each fhall upon all occafions take under their protection the veffels of the other going the fame courfe, and shall defend fuch veffels as long as they hold the fame

course, against all force and violence, in the fame manner as they ought to protect and defend veffels belonging to the party of which they are.

XXIII. If war fhould arife between the two contracting parties, the merchants of either country, then refiding in the other, shall 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, scholars of every faculty, cultivators of the earth, artifans, manufacturers, and fifhermen, unarmed and inhabiting unfortified towns, villages or places, and in general all others, whofe occupations are for the common fubfiftence and benefit of mankind, fhall be allowed to continue their respective employments, and fhall not be molested in their persons; nor shall their houses or goods be burnt, or otherwise destroyed, nor their fields wafted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall: but if any thing be neceffary to be taken from them for the ufe of fuch armed force, the fame fhall be paid for at a reasonable price. And all merchant and trading veffels employed in exchanging the products of different places, and thereby rendering the neceffaries, convenien. cies, and comforts of human life more easy to be obtained, and more general, fhall be allowed to pass free and unmolefted: and neither of the contracting parties fhall grant or iffue any commiffion to any pri vate armed veffels, empowering them to take or destroy fuch trading veffels, or interrupt fuch commerce.

XXIV. And to prevent the deftruction of prifoners of war, by fending them into distant and inclement countries, or by crowding them in close and noxious places, the two contracting parties folemnly pledge themselves to each other, and to the world, that they will not adopt any fuch practice; that neither will fend the prifoners whom they may take from the other, into the Eaft-Indies, or any other parts of Afia or Africa, but that they fhall be placed in fome part of their dominions in Europe or America, in wholesome fitua tions; that they fhall not be confined in dungeons, prifon fhips, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs; that the officers fhall be enlarged on their paroles within convenient diftricts, and have comfortable quarters › and the common men be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and as good as are provided by the party in whofe power they are, for their

own

own troops; that the officers fhall also be daily furnished by the partyin whose power they are, with as many rations, and of the fame articles and quality as are allowed by them, either in kind or commuta tion, to officers of equal rank in their own army; and all others shall

daily furnished by them with fuch rations as they allow to a common foldier in their own service, the value whereof shall be paid by the other party, on mutual adjustment of accounts for the sustenance of prisoners at the close of the war: and the said accounts shall not be mingled with, or fet off against any others, nor 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 separate cantonment of prifoners in poffeffion of the other; which commissary shall see the prisoners as often as he pleafes, fhall be allowed to receive and diftribute whatever comforts may be fent to them by their friends, and shall be free to make his reports in open letters to those who employ him: but if any officer fhall break his parole, or any other prisoner shall escape from the limics of his cantonment, after they fhall have been defignated to him, fuch individual officer or other prifoner fhall 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, fhall 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 facredly observed as the most acknowledged articles in the law of nature or nations.

XXV. The two contracting parties grant to each other the liberty of having each in the ports of the other, confuls, vice-confuls, agents, and commiffaries of their own appointment, whofe functions shall be regulated by particular agreement, whenever either party fhall choose to make fuch appointment; but if any fuch confuls fhall exercise commerce, they shall be submitted to the fame laws and usages to which the private individuals of their nation are submitted 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 is freely granted, to fuch other nation-or on yielding the canpenfation, where fuch nation does the fame.

XXVII. His Majefly 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 ratifications: and if the expiration of that term fhould happen during the course of a war between them, then the articles before provided for the regulation of their conduct during fuch a war, fhall continue in force until the conclufion of the treaty which shall re-establish peace; and that this treaty fhall be ra tified on both fides, and the ratifications exchanged within one year from the day of its fignature.

In teftimony whereof, the plenipotentiaries before-mentioned have hereto subscribed their names and affixed their feals, at the places of their refpective refidence, and at the dates expreffed under their feve ral fignatures.

F. G. de Thulemier, à la Hague, le 10 Septembre, 1785. (L. S.)

APPENDIX No. VII.

TREATY OF AMITY, COMMERCE, AND NAVIGATION,

BETWEEN

HIS BRITANNIC MAJESTY, AND THE UNITED STATES OF AMERICA.

Nov. 19, 1794.

HIS Britannic Majefty and the United States of America, being

defirous by a Treaty of Amity, Commerce, and Navigation, to terminate their differences in fuch a manner, as without reference to the merits of their refpective complaints and pretenfions, may be the best calculated to produce mutual fatisfaction and good understanding: and alfo to regulate the commerce and navigation between their respective countries, territories, and people, in fuch a manner as to render the fame reciprocal, beneficial, and fatisfactory; they have, refpectively, named their Plenipotentiaries, and given them full powers to treat of, and conclude the faid Treaty; that is to say, His Britannic Majefty has named for his Plenipotentiary, the Right Hon. William Windham, Baron Grenville of Wotton, one of His Majefty's Privy Council, and His Majefty's principal Secretary of State for Foreign Affairs; and the President of the said United States, by and with the advice and confent of the Senate thereof, hath appointed for their Plenipotentiary, the Hon. John Jay, Chief Justice of the faid United States, and their Envoy Extraordinary to His Majesty, who hath agreed on, and concluded the following articles :

Art. I. There fhall be a firm, inviolable, and universal peace, and a true and fincere friendship between his Britannic Majefty, his heirs and fucceffors, and the United States of America; and between their refpective countries, territories, cities, towns, and people, of every degree, without exception of perfons or places.

VOL. IV.

H

Art.

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