the orders of the black eagle and the red eagle, and commander of that of St. John of Jerufalem; the baron Philip Charles d'Alvenfleben, his minifter of state, of war, and 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 Christian 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. 1. There fhall be in future, as there has been hitherto, a firm, inviolable, and univerfal peace, a fincere friendfhip, between his majefty the king of Pruffia, his heirs, fucceffots 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 fhall be obliged to pay. They fhall allo enjoy, in navigation and commerce, all the rights, privileges, and exemptions, which the moit favour

ed nation does enjoy, fubmitting themselves, nevertheless, to the established 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 America 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 moft favoured nation is or fhall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce, which the most favoured nation does or fhall enjoy; fubmitting themselves, neverthelefs, to the eftablished 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 purchafe 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 most favoured nation. Nevertheless, 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 veffels of the country of which it is the growth or manufacture, to establish against fach nation retaliating regulations; and alfo the right to prohibit in their refpective countries the importation and exportation of all merchandize whatsoever, when reasons of ftate fall 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 fhall immediately enjoy the fame liberty.

Art. 5. The merchants, commanders of veffels, or other fubjects 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 veffels, 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 vellel, and that there fhall be no examination after; nor fhall the veffel be fearched, at any time, unlefs articles fhall have been laden therein clandeftinely and il legally; in which cafe the perfon by whofe order they were carried on board, or who carried them without order, fhall be liable to the laws of the land in which he is; but no other perfon fhall be molefted, nor hall any other goods, nor the yel

fel, be feized or detained for that caufe.

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 thall ufe all their elforts to recover, and cause to be reftored to the right owners, their veffels and their effects, which shall 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, shall 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, char ges or fees whatfoever, except those eftablished for veffels entered into port, and appropriated to the maintenance of the port itself, or of other establishments for the fafety and convenience of navigators; which duties, charges, and fees fall be the fame, and thall be paid on the fame footing, as in the cale of fubjects or citizens of the country where they are established.

Art. 9. When any veffel of either party fhall be wrecked, foandered, or otherwife damaged on the coafts or within the dominions of the other, their refpective citizens or fubjects fhall receive, as well for themfelves as for their veficls and effects, the fame afliftance which would be due to the inhabitants of the country where the damage hap

pens,

war, in which the other should remain neutral, the hips of war and privateers of the belligerent power hall conduct themselves towards the merchant-vessels of the neutral power as favourably as the course of the war then exifting may permit, obferving the principles and rules of the law of nations, generally acknowledged.

Art. 13. And 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 that ufually arise respecting merchandize of contraband, fuch as arms, ammunition, and military ftores of every kind, no fuch articles carried in the vessels, or by the fubjects or citizens of either party, to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. Neverthelefs, it fhall be lawful to ftop fuch veffels and articles, and to detain them for fuch length of time as the captors may think neceffary to prevent the inconvenience or damage that might enfué from their proceeding, paying, however, a reafonable compenfation for the lofs fuch arreft fhall occafion to the proprietors; and it fhall farther be allowed to ule in the fervice of the captors the whole or any part of the military-ftores fo detained, paying the owners the full value of the fame, to be ascertained by the current price at the place of its deftination. But in a cafe fuppofed of a veffel stopped for articles of contraband, if the master of the vellel ftopped will deliver out the goods fuppofed to be of contraband nature, he fhall be admitted to do it,

and the vessel shall not, in that cafe, be carried into any port, nor farther detained, but fhall be allowed to proceed on her voyage.

All cannons, mortars, fire-arms, piftols, bombs, grenades, bullets, balls, mufkets, flints, matches, pow. der, faltpetre, fulphur, cuiralles, pikes, fwords, belts, cartouch-boxes, faddles and bridles, beyond the quantity neceffary for the use of the ship, or beyond that which every man ferving on board the reffel, or paffenger, ought to have; and in general whatever is comprised under the denomination of arms and military ftores of what description foever, fhall be deemed objects of contraband.

Art. 14. To enfure to the veffels of the two contracting parties, the advantage of being readily and certainly known in time of war, it is agreed, that they fhall be provided with the fea-letters and documents hereafter fpecified:

Ift. A paffport, expreffing the name, the property, and the burden of the veffel, as alfo the name and dwelling of the mafter; which paffport fhall be made out in good and due form, fhall be renewed as often as the veffel fhall return into port, and fhall be exhibited whenfoever required, as well in the open fea as in port. But if the veffel be under convoy of one or more veffels of war, belonging to the neutral party, the fimple declaration of the officer commanding the convoy, that the faid veffel belongs to the party of which he is, fhall be confidered as eftablishing the fact, and shall relieve both parties from the trouble of farther examination.

2d. A charter-party, that is to fay, the contract paffed for the

freight

freight of the whole veffel, or the bills of lading given for the cargo in detail.

3d. The lift of the fhip's company, containing an indication by name, and in detail, of the perfons compofing the crew of the veffel. Thefe documents fhall always be authenticated according to the forms established at the place from which the veffel fhall have failed.

As their production ought to be exacted only when one of the contracting parties fhall be at war, and as their exhibition ought to have no other object than to prove the neutrality of the vessel, its cargo, and company, they fhall not be deemed abfolutely neceflary on board fuch veffels, belonging to the neutral party, as fhall have failed from its ports before or within three months after the government fhall have been informed of the ftate of war, in which the belligerent party shall be engaged. In the interval, in default of thefe (pecific documents, the neutrality of the vessel may be eftablished by fuch other evidence as the tribunals authorised to judge of the cafe may deem fufficient.

Art. 15. And to prevent entirely all diforder and violence in fuch cafes, it is ftipulated, that when the veffels of the neutral party, failing without convoy, fhall be met by any vessel of war, public or private, of the other party, fuch veffel of war fhall not fend more than two or three men in their boat on board the faid neutral veffel, to examine her paffport and documents. And all perfons belonging to any veffel of war, public or private, who fhall moleft or infult, in any manner whatever, the people, veffels, or effects of the other party, fhall be refponfible in their perfons and property

for damages and intereft, fufficient fecurity for which shall be given by all commanders of private armed veffels before they are commiffioned.

Art. 16. In times of war, or in cafes of urgent neceffity, when either of the contracting parties fhall be obliged to lay a general embargo, either in all its ports or in certain particular places, the veffels of the other party fhall be fubject to this measure, upon the fame footing as thofe of the moft favoured nations, but without having the right to claim the exemptions in their favour, ftipulated in the 16th article of the former treaty of 1785. But on the other hand, the proprietors of the veffels which fhall have been detained, whether for fome military expedition, or for what other ufe foever, fhall obtain from the government that fhall have employed them, an equitable indemnity, as well for the freight as for the lofs occafioned by the delay. And farthermore, in all cafes of feizure, detention, or arreft, for debts contracted or offences committed by any citizen or fubject of the one party, within the jurifdiction of the other, the fame fhall be made and profecuted by order and authority of that only, and according to the regular courfe of proceedings ufed in fuch cafes.

Art. 17. If any veffel or effects of the neutral power be taken by an enemy of the other, or by a pirate, and retaken by the power at war, they fhall be restored to the first proprietor upon the conditions hereafter ftipulated in the 21ft article for cafes of recapture.

Art. 18. If the citizens or fubjects of either party in danger from tempefts, pirates, enemies, or other accident, fhall take refuge with their U 4

veffels