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Treaty of Alliance and Commerce between his Majefty Frederick III. King of Prufia, and the United States of America, as ratified by Congress, May 7, 1786.

HIS majefty the king of Pruffa and the United States of America, defiring to fix, in a permanent and equitable manner, the rules to be obferved in the intercourfe and commerce they defire to establish between their refpective countries, have judged, that the faid end cannot be better obtained than by taking the most perfect equality and reciprocity for the basis of their agreement.`

With this view, his majesty the king of Pruffia has nominated and conftituted, as his plenipotentiary, the baron Frederic William de Thulemeyer, envoy extraordinary with their High Mightineffes the States General of the United Netherlands; and the United States have, on their part, given full powers to John Adams, efq. now minifter plenipotentiary of the United States with his Britannic majefty; Dr. Benjamin Franklin, and Thomas Jefferfon, respective plenipotentiaries, have concluded articles, of which the following is an abstract, fo far as concerns the States of America

The fubjects of his majesty the king of Pruffia may frequent all the coafts and countries of the United States of America, and refide and trade there in all forts of produce, mauufactures, and merchandize, and fhall pay within the faid United States no other or greater duties, charges, or fees whatfoever, than the most favoured nations are or fhall be obliged to pay; and they fhall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which the most favoured nation docs or shall enjoy; fub

mitting themfelves to the laws and ufages there established.

In like manner, the citizens of the United States of America may frequent all the coafts and countries of his majetty the king of Prufa, and refide and trade there in all forts of produce, manufactures, and merchandize, and fhall pay in the dominions of his faid majesty no other or greater duties, charges, or fees whatfoever, than the most favoured nation is or fhall be obliged to pay; and they fhall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which the most favoured nation does or fhall enjoy; fubmitting themselves as atorefaid.

Each party fhall have a right to carry their own prodace, manufactures, and merchandize, in their own or any other veffels, to any parts of the dominions of the other, where it fhall be lawful for all the fubject or citizens of that other freely to purchase them; and thence to take the produce, manufactures, and merchandize of the other, which all the faid citizens. or fubjects fall in like manner be free to fell, paying in both cafes fuch duties, charges, and fees only, as are or thall be paid by the moit favoured nation.

Each party fhall endeavour to protect and defend all veffels, and other effects, belonging to the citizens or fubjects of the other, which fhall be within the extent of their jurifdiction by fea or land; and fhall ufe all their efforts to recover, and cause to be restored to their right owners, their veffels and effects which fhall be taken from them within the extent of their faid jurifdiction.

If one of the contracting parties fhould be engaged in war with other powers, the free intercourse

and commerce of the fubjects or eitizens of the party remaining neurer, with the belligerent powers, fhall not be interrupted. On the contrary, in that cafe, as in full peace, the veffels of the neutral party may navigate freely to and from the ports, and on the coafts of the belligerent parties, free veffels making free goods, infomuch, that all things fhall be adjudged free which fhall be on board any veffel belonging to the neutral party, although fuch things belong to an enemy of the other; and the fame freedom fhall be extended to perfons who fhall be on board a free veffel, although they fhould be enemies to the other party, unless they be foldiers in actual fervice of fuch enemy.

In the fame cafe of one of the contracting parties being engaged in war with any other power-to prevent all the difficulties and mifunderstandings which ufually arife refpecting the merchandize heretofore called contraband, fuch as arms, ammunition, and military ftores of kind every no fuch ar ticles carried in the veffels, or by the subjects or citizens of one of the parties to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. But in the cafe fuppofed-of a veffel ftopped for the articles heretofore deemed contraband, if the master of the veffel ftopped will deliver out the goods fuppofed to be of contraband nature, he fhall be admitted to do it, and the veffel fhall not in that cafe be carried into any port, nor further detained, but fhall be allowed to proceed on her voyage,

If the contracting parties fall be engaged in war against a com

mon enemy, the following points fhall be obferved between them.

ift, If a veffel of one of the parties, retaken by a privateer of the other, fhall 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 poffeffion of the enemy, she shall belong wholly to the re-captor. 2d, If in the fame cafe the re-capture were by a public veffel of war of the one party, reftitution fhall be made to the owner of one thirtieth part of the veffel and cargo, if fhe fhall not have been in the poffeffion of the enemy more than twenty-four hours; and one tenth of the faid value where he shall have been longer; which fums fhall be diftributed in gratuities to the re-captors. 3d, The reftitution in the cafes aforefaid shall 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 accorsing to the laws and regulations of the flate to which the captors belong, but by the judicators of the place into which the prize fhall have been conducted. 5th, It shall be free to each party to make fuch regulations as they fhall judge neceflary for the conduct of their refpective veffels of war, public or private, relative to the veffels which they fhall take and carry into the ports of the two parties.

Where the parties fhall have a (G 2)

common

common enemy, or fhall both be neutral, the veffels of war of each frall upon all occafions take under their protection the veffels of the other going the fame courfe, and fhall defend fuch veflels 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 are.

If war fhould arife between the two contracting parties, the mer chants 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 hinderance.

This treaty shall be in force during the term of ten years from the exchange of ratifications:

(Signed)

F. G. DE THULEMEYER, a la Haye,
le 10 Septembre 1785.
THO. JEFFERSON, Paris, July 28,
1785.

B. FRANKLIN, Paffy, July 9,
1785.

JOHN ADAMS, London, August 5, 1785.

Now know ye, that we the faid United States in congrefs affembled, having confidered. and approved, do hereby ratify and confirm the faid treaty. Witnefs the hon. Na thaniel Gotham, our chairman, in the abfence of his excellency John Hancock, our profident, the 7th day of May, in the year of our Lord 1786, and of our independence and fovereignty the tenth.

Memorial prefented by Sir James
Harris, K. B. to the States Ge-
neral of the United Provinces, on
the 5th of July, 1786.

High and Mighty Lords,
ALL the steps which his Britannic

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Majefty has taken refpecting your High Mightineffes fince the happy epoch of the peace, have had no other object than to give the most undoubted proofs of the fincere friendship which he entertained towards you.

He has fuffered no occafion to efcape that could renew the harmony which, for the fpace of a century, contributed fo much to the profperity of each; and it has been his particular study to efface all traces of the unhappy diffenfions which, for a little time, interrupted that good understanding.

His majetty has carefully refrained from doing any thing that could in the fmallett degree influence the interior deliberation of the States; and although not infenfible of the troubles which have agitated the country, the king has thought it ight to confine himself to expreffing his wishes for its profperity, and for the re-establishment of concord.

But fince two refpectable powers, friends and neighbours of the republic, have declared to your High Mightineffes their fentiments on the actual state of affairs, the king, my mafter, would look upon himfelf as wanting in those with which he has been always animated, if he delayed to exprefs the fincere wishes he feels for the internal and external tranquillity of the Republic, as well as for the maintenance of its constitution.

The king thinks it his duty at the fame time to declare, that nothing can be more oppofite to his fentiments than to give an example fo dangerous to the tranquillity and independence of the United Provinces as the interference of any foreign power in the internal affairs of the Republic, the management and direction of which his majetty wishes to preferve uncon

trolled

trolled in the hands of thofe to whom it has been committed by the conftitution, and found by thofe principles established by the unanimous confent of the nation.

His majesty will never have any other object than to obferve the most impartial conduct, fuch as may be naturally expected from a good neighbour and friend, to whom the interests of the protestant religion, of the commerce and local fituation of the two countries, as well as the ties of kindred with the prince to whom your High Mightineffes have entrusted the important charge of the State, fo effentially engage to prevent any injury being offered to the independence of the Repub

lic."

(Signed)

Sir JAMES HARRIS.

The Prince of Orange's Letter to the States of the Province of Holland, fent Sept. 3, 1786, on the Subject of their late Refolution with regard to the Command of the GarriJon of the Hague.

Noble and potent lords, our very good friends.

holder, governor, or captain general of this province, but which was entered into for the exprefs purpofe of preventing any perfon from arrogating to himfelf, under another title, what was established to belong to the office of ftadtholder, governor, and captain-general of the faid province.

We have not the leaft defign, noble and potent lords, to question the fuperiority of your noble and great mightineffes over the military, as well of the whole province as the garrifon of the Hague. We acknowledge as frankly as any perfon, the power of the fovereign to execute perfonally, if need be, thofe high offices, of which it had entrufted the exercife in its name to other colleges of perfons."

By the memorial which we had the honour to addrefs to your noble and great mightineffes, on the 4th of last December in maintenance of our right, we declared in the most precife terms, and again declare this day, that we never could fuppofe ourfelves invented with a power equal, much lefs faperior to that of the ftates over the military, and that we might act according to our own pleasure and independently of the fovereign, or make regulations contrary to its orders and approbation, which might any ways tend to thwart its fupremacy, or prove an obstacle to its refolutions.

WE have received the refolution of your noble and great mightineffes, in which you repeat and confirm a refolution taken on the 4th and 5th of March, 1672, with regard to the command of the garrifon of the Hague, and cannot conceal our furprife that your no- It appears then by this fincere ble and great mightineffes fhould acknowledgment of the fovereignty have thought proper, on a majori of your noble and great mightity of no more than a fingle voice, neffes, that fhould the cafe exift to come to a refolution notorioutly that an hereditary ftadtholder, heinjurious to our perfon, as well as reditary governor, or captain eneto the high dignities hereditarily ral, fo far forget himfelf, as to fettled upon our family by your no- turn the authority vetted in him by ble and great mightineffes, by con- your noble and great mightineffes firming a refolution taken at a time he hurt of the true interests of when there not only was no stadt- the country, and therefore to thwart (G 3)

the

the intention of the fovereign, we lay it down for a certain maxim, that your noble and great mightineffes have the right and power to take order in the matter for your own authority and fafety in an effectual manner; which right is not limited to giving orders to the military in the place of refidence of your noble and great mightineffes, but extends over all the military in your territory. Yet we entertain fo refpectful an idea of the justice of the fovereign as to be confident this would never take place, except there were plaufible proofs of the delegated authority having been abused.

None fuch have at any time been produced against us, and in truth never will be, as we have always made it a duty and a pleafure to fulfil the views of your noble and great mightineffes in our offices in your province with all the zeal in our power; and if your noble and great mightineffes had had any difcontent or mistrust on that head, we have a right to hope that you would not have failed to inform us of it.

But this never having been done, and your noble and great mightineffes having,, notwithstanding, thought proper to deprive us by your refolution of a right which has always belonged to the offices we exercise in your name, we cannot be contented with the faid refolution, faving all the refpect we pay to the orders of your noble and great mightineffes, nor filently acquiefce in it, as that would be tantamount to an open declaration, that we fet no value on your confidence, or our own honour, and are, therefore, incapable of exer, cifing the other no lefs important departments of the high offices which have devolved upon us, in

fuch a manner, as that the whole nation could reft with the neceffary certainty, affection, and confidence

on our care.

Let not your noble and great mightineffes therefore be difpleafed that we continue to confider such a refolution (which reflects fo great difhonour on the fidelity of the houfe from which we are defcended, and in whofe fteps we have always endeavoured to tread) as null and void, faving the refpect due to all thofe refolutions of your noble and great mightineffes by which neither our honour nor rights are attacked.

In the mean time thefe circumftances furnish us with a fresh occafion, to our greater regret, of pouring into the bofom of your noble and great mightineffes, and laying before the nation in general, the part which is not prejudiced, our complaints with regard to the injurious fufpicions which have for fome time been conceived, and are every day excited more violently. We have already at various times repeated thefe complaints, and particularly in our miffive of April 26, 1784, directed to your noble and great mightineffes, and the other confederates. We there declared, in the moft unreferved manner, that we defired nothing fo ardently as to employ the legal power which was entruffed aad confided to us in the maintenance of the liberty, the peace, and increase of the profperity and welfare of the country; that we were very far from wishing to extend that power beyond its legal bounds; and that we defire nothing more than to remain in updisturbed poffeffion of the prerogatives and pre-eminences attached to our dignities, of which a stadtholder cannot be deprived but when the general welfare is at ftake. And this we did with a fincere expecta

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