22d. It is farther agreed, that in all cafes the tribunals established for prize-caufes in the countries to which the prizes fhall be conducted, thall alone be competent to take cognizance of them; and whatever judgement the tribunal of one party pronounces against any fhip or merchandizes, or property claimed by citizens of the other, the fentence shall make mention of the reafons or motives which have led to this judgement, an authentic copy of which, together with all the proceedings relating to it, fhall be delivered upon demand, without delay, to the captain or agent of the faid fhip, upon his paying the fees. 23d. And to provide more effectually for the fafety of the citizens of the two contracting parties, and to prevent the injuries they might have to fear from the fhips of war or privateers of each other, all commanders of fhips of war, or of privateers, and all other citizens of one of the two parties, fhall abfain from doing any damage to the citizens of the other, and from offering any infult to their perfons. If they do the contrary, they fhall be punithed, and held to give, in their perfons and property, fatisfaction and reparation, with intereft, for the injury, of whatever kind it may have been. For this purpose, all captains of privateers, before receiving their commiflions, fhall enter into an obligation, before a competent judge, to give a guarantee, at leaft, by two refponible fureties, who fhall have no intereft in the laid privateers, and each of whom, as well as the captain, fhall engage particularly and indefeafibly for the fum of 7000 dollars, or 36,820 VOL. XLII. francs; and if the faid veffels carry' more than 150 failors, or foldiers, for the fum' of 14.000 dollars, or 73,640 francs, which fhall ferve to compenfate for the injuries or damages which the faid privateers, their officers, crews, or any of them, hall have done or committed during their cruife, contrary to the conditions of the prefent convention, or to the laws and inftructions which ought to be the rule of their conduct; in addition to which, the laid commiffions fhall be revoked and annulled, in all cafes where there has been any aggreffion. 24th. When the hips of war belonging to the two contracting parties, or thofe which their citizens may have armed as privateers, fhal be admitted to take their prizes into the ports of one of the two parties, the faid fhips, whether public or private property, as well as their captors, fhall not be obliged to pay any duties, either to the officers on the fpot or to the judges, or any other authorities whatever. The above-mentioned prizes, when they enter the ports or harbours of one of the two parties, cannot be feized or stopped; and the officers of the place cannot take any cognizance of the validity of fuch prizes, which fhall be at liberty to go out and fail, without any control, to fuch places as the captains of fuch fhips fhall how them to be bound to. It is uniformly to be underftood, that the ftipulations of this article fhall not be extended beyond the privileges of the moft favoured na-t tions. 25th. All privateers, bearing commiffions from a Rate or prince at war with one or the other nation, thall not fit out their fhips in the ports of one or the other U nation, nation, nor there fell their prizes; neither fhall they be permitted to purchase more provifions than what may be neceffary to enable them to make the nearest harbour of that ftate or prince from whom they have received their commission. This convention shall be ratified on both fides in full and due form, and the ratifications fhall be exchanged within the pace of fix months, or fooner, if poffible. In teftimony whereof, the refpective plenipotentiarics have figned the above articles, both in the Englith and French languages, and have thereto affixed their feals, declaring, moreover, that their fignature in both languages fhall not be adduced as a precedent, and fhall no wife prove disadvantageous to either party. Done at Paris, the 8th Vendemaire, 9th year of the French republic, 30th September, 1800. 26th. It is moreover agreed, that none of the contracting parties, not only fhall not admit pirates into their ports, harbours, or towns, nor hall they permit any of the inhabitants to receive, protect, or conceal them in any manner; but, moreover, that a juft punishment fhall be inflicted on fuch of the inhabitants who may be guilty of fuch offences. The fhips belonging to fuch pirates, together with the goods taken by them, and carried into the ports of one or the other nation, shall be feized upon whereever they may be found, and restored to their owners, or their agents or factors, duly by them autho- (A true copy.) rized; provided always they fhall have proved, before a competent tribunal, their right of property. And if after the faid effects fhould have paffed by fale into other hands, and it appears that the captors were, or might have been, fo in (Signed) Jofeph Bonaparte, C. P. W. V. Murray. C. M. Talleyrand, Treaty of Amity and Commerce between the King of Pruffia and the United States of America. IS formed, and it fhould also be proved majesty the king of Pruffia, that the faid effects had been carried off by pirates, they fhall, nevertheless, be, in like manner, restored. 27th. Neither of the two nations fhall participate in the fisheries of the other on its coafts, nor difturb it in the rights which it now enjovs, or may enjoy, on the coafts of Newfoundland, in the Gulf of St. Lawrence, or in any other place whatever on the coast of America, to the north of the United States. But the whale-fifhery fhall be open to both nations in all parts of the globe, and the United States of America, defiring to maintain, on a stable and permanent footing, the connec tions of good understanding, which have hitherto fo happily fubfifted. between their respective states, and for this purpose to renew the treaty of amity and commerce concluded between the two powers, at the Hague, on the 10th of September, 1785, for the term of ten years, his Pruffian majefty has nominated and conftituted as his plenipotentiaries, the count Charles William de Finkenstein, his minifter of state, of war, and of the cabinet, knight of the the orders of the black eagle and the red eagle, and commander of that of St. John of Jerufalem; the baron Philip Charles d'Alventleben, his minifter of state, of war, aud of the cabinet, knight of the orders of the black eagle and of the red eagle, and that of St. John of Jerufalem; and the count Chriftian Henry Curt de Haugwitz, his minifter of ftate, of war, and of the cabinet, knight of the orders of the black eagle and of the red eagle; and the prefident of the United States has furnished with their full powers John Quincy Adams, a citizen of the United States, and their minifter plenipotentiary at the court of his Pruffian majefty: Which plenipotentiaries, after having exchanged their full powers, found in good and due form, have concluded, fettled, and figned the following articles: Art. I. There fhall be in future, as there has been hitherto, a firm, inviolable, and univerfal peace, a fincere friendship, between his majefty the king of Pruffia, his heirs, fucceffors and fubjects on the one part, and the United States of America, and their citizens, on the other, without the exception of perfons or places. Art. 2. The fubjects of his majefty 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, manufactures, and merchandize, and fhall pay there no other or greater duties, charges, or fees whatfoever, than the most favoured nations are or fha be obliged to pay. They fhall allo enjoy, in navigation and commerce, all the rights, privileges, and exemptions, which the moft favour ed nation does enjoy, fubmitting themfelves, nevertheless, to the eftablifhed laws and ufages, to which are fubmitted the citizens of the United States and the most favoured nations. Art. 3. In like manner the citizens of the United States of Ame rica may frequent all the coafts and countries of his majefty the king of Pruffia, and refide and trade there, in all forts of produce, manufac tures, and merchandize, and shall pay in the dominions of his faid majefty, no other or greater duties, charges, or fees whatever, 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, nevertheless, to the established laws and ufages to which are fubmitted the fubjects of his majefty the king of Pruffia, and the fubjects and citizens of the most favoured nations. Art. 4. More especially, each party fhall have a right to carry their own produce, manufactures, and merchandize, in their own or any other veffels, to any parts of the dominions of the other, where it shall be lawful for all the fubjects and 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 fhall in like manner be free to fell there, paying, in both cafes, fuch duties, charges, and fees only, as are or fhall be paid by the moft favoured nation. Neverthelefs, his majefty the king of Pruffia and the United States, refpectively, referve to themfelves the right, where any nation U 2 reftrains restrains the transportation of merchandize to the vessels of the country of which it is the growth or manufacture, to establish against fuch nation retaliating regulations; and allo the right to prohibit in their refpective countries the importation and exportation of all merchandize whatsoever, when reafons of ftate fhall require it. In this cafe, the fubjects or citizens of either of the contracting parties fhall not import or export the merchandize prohibited by the other. But if one of the contracting parties permits any other nation to import or export the fame merchandize, the citizens or fubjects of the other hall immediately enjoy the fame liberty. Art. 5. The merchants, com/manders of veffels, or other subjects or citizens of either party, fhall not, within the ports or jurifdiction of the other, be forced to unload any fort of merchandife in any other vefels, nor receive them into their own, nor to wait for their being loaded longer than they pleafe. Art. 6. That the vellels of either party, loading within the ports of jurifdiction of the other, may not be ufelefsly harraffed, or detained, it is agreed, that all examinations of goods, required by the laws, fhall be made before they are laden on board the veel, and that there fhall be no examination after; nor hall the veffel he searched, at any time, unlels articles thall have been laden therein clandeftinely and illegally; in which cafe the perfon by whofe order they were carried on board, or who carried them withput order, shall be liable to the laws of the land in which he is; but no other perfon fhall be molested, nor fall any other goods, nor the vef fel, be feized or detained for that cause, Art. 7. Each party fhall endeavour, by all the means in their power, 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 by land; and shall use all their ef forts to recover, and cause to be restored to the right owners, their vefiels and their effects, which fall be taken from them within the extent of their faid jurifdiction. Art. 8. The veffels of the fubjects or citizens of either party, coming on any coaft 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, fhall have liberty to depart, and to pursue their voyage, without moleftation, and without being obliged to render any account of their cargo, or to pay any duties, charges or fees whatsoever, except those eftablished for vellels entered into port, and appropriated to the maintenance of the port itself, or of other eftablishments for the fafety and convenience of navigators; which duties, charges, and fees fhall be the fame, and fhall be paid on the fame footing, as in the cafe of fubjects or citizens of the country where they are established. Art. 9. When any veffel of ei. ther party fhall be wrecked, foundered, or otherwife damaged on the coafts or within the dominions of the other, their respective citizens or fubjects fhall receive, as well for themfelves as for their veflels and effects, the fame afliflance which would be due to the inhabitants of the country where the damage hap pens pens, and fhall pay the fame charges and dues only as the faid inhabitants would be fubject to pay in a like cafe; and if the operations of repair fhall require that the whole or any part of the cargo be unload. ed, they fhall pay no duties, charges, or fees upon the part which they fhall reload and carry away. -The ancient and barbarous right to wrecks of the fea fall be entirely abolished with refpect to the fubjects or citizens of the two contracting parties. Art. 10. The citizens or fubjects of each party fhall have power to difpofe of their perfonal goods within the jurifdiction of the other, by teftament, donation, or otherwife; and their reprefentatives, being fubjects or citizens of the other party, fall fucceed to their faid perfonal goods, whether by teftament or ab inteftato, and may take poffeffion thereof, either by themfelves or by others acting for them, and difpofe of the fame at their will, paying fuch dues only as the inhabitants of the country wherein the faid goods are, fhall be fubject to pay in like cafes. And in cafe of the abfence of the reprefentative, fuch care fhall be taken of the faid goods as would be taken of the goods of a native in like cafe, until the lawful owner may take measures for receiving them. And if queftion fhould arife among feveral claimants, to which of them the faid goods belong, the fame fhall be decided finally by the laws and judges of the land wherein the faid goods are. And where, on the death of any perfon, holding feal estate within the territories of the one party, fuch real estate would, by the laws of the land, defcend on a citizen or fubject of the other, were he not difqualified by alienage, fuch fubject fhall be allowed a reafonable time to fell the fame, and to withdraw the proceeds, without moleftation, and exempt from all rights of detraction on the part of the governments of the refpective ftates. But this article fhall not derogate in any manner from the force of the laws already published, or hereafter to be published by his majefty the king of Pruffia, to prevent the emigration of his fubjects. Art. 11. The most perfect freedom of confcience and of worthip is granted to the citizens or fubjects of either party, within the jurifdiction of the other, and no perfon fall be molefted in that respect, for any caufe other than an infult on the religion of others. Moreover, when the fubjects or citizens of the one party fhall die within the jurildiclion of the other, their bodies fhall be buried in the ufual burying grounds, or other decent and fuitable places, and shall be protected from violation or disturbance. Art. 12. Experience having proved, that the principle adopted in the twelfth article of the treaty of 1785, according to which free fhips make free goods, has not been fufficiently refpected during the two laft wars, and especially in that which ftill continues, the two contracting parties propofe, after the return of a general peace, to agree either feparately between themfelves, or jointly with other powers alike interested, to concert with the great maritime powers of Europe, fuch arrangements and fuch permanent principles as may ferve to confolidate the liberty and the fafety of the neutral navigation and com merce in future wars. And if, in the interval, either of the contract. ing parties thould be engaged in a US war, |