fions take under their protection the veffels of the other going the fame courfe, and fhall defend fuch vessels 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.

Art. 23. If war fhould arife between the two contracting parties, the merchants 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, car rying off all their effects without moleftation or hindrance; and all women and children, fcholars of every faculty, cultivators of the earth, artilans, manufacturers, and fishermen, 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 molefted in their perfons, nor fhall their houfes or goods be burnt, or otherwife deftroyed, nor their fields wafted by the armed force of the enemy, into whofe power, by the events of war, they may happen to fall; but if any thing is neceffary to be taken from them for the ufe of fuch armed force, the fame fhall be paid for at a reasonable price.

Art. 24. And to prevent the deftruction of prifoners of war, by fending them into diftant and inclement countries, or by crowding them into close and noxious places, the two contracting parties folemnly pledge themselves to the world and to each other, that they will not adopt any fuch practice; that nei

ther will fend the prifoners whom they may take from the other, into the East Indies, or any other part of Afia or Africa, but they fhall be placed in fome part of their dominions in Europe or America, in wholefome fituations; that they fhall not be confined in dungeons, prifon-fhips, nor prifons, nor be put in irons, nor bound, nor otherwise reftrained in the ufe of their limbs; that the officers fhall be enlarged on their paroles within convenient diftricts, and have comfortable quarters, and the common men be`difpofed in cantonments open and extenfive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whole power they are, for their own troops: that the officers fhall alfo be daily furnished by the party in whole power they are with as many rations, and of the fame articles and quality as are allowed by them, either in kind, or by commutation, to officers of equal rank in their own army; and all others fhall be daily furnished by them with fuch ration as they fhalf allow to a common foldier in their own fervice; the value whereof fhall be paid by the other party on a mutual adjustment of accounts for the fubfiftence of prifoners at the clofe of the war; and the said accounts fhall 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 cause real or pretended whatever. That each party fhall be allowed to keep a commiffary of prifoners of their own appointment, with every fe parate cantonment of prifoners in poffeffion of the other; which com

miflary

miffary fhall fee the prifoners 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 prifoner fhall efcape from the limits of his cantonment, after they have been defignated to him, fach individual officer or other prifoner fhall forfeit fo 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 diffolves 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 precifely that for which they are provided, and during which they are to be as facredly obferved as the moft acknowledged articles in the law of nature and of nations.

Art. 25. The two contrading parties have granted to each other the liberty of having each in the ports of the other, confuls, viceconfuls, agents, and commiflaries of their own appointment, who fhall enjoy the fame privileges and powers as thole of the moft fayoured nations. But if any fuch confuls fhall exercife commerce, they fhall be fubmitted to the fame laws and ufages to which the private individuals of their nation are, fubmitted in the fame place.

Art. 26. If either party fhall hereafter grant to any other nation. any particular favour in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely granted to

fuch other nation, or on yielding the fame compenfation when the grant is conditional.

Art. 27. His majefty the king of Pruffia and the United States of America agree, that this treaty shall be in force during the term of ten years from the exchange of the ratifications; and if the expiration of that term fhould happen during the courfe of a war between them, then the articles before provided for the regulation of their conduct during fuch war, fhall continue in force until the conclufion of the treaty which fhall reftore peace..

This treaty fhall be ratified on both fides, and the ratification exchanged within one year from the day of its fignature, or fooner if poffible.

In teftimony whereof the plenipotentiaries, before mentioned, have hereto fubfcribed their names and affixed their feals. Done at Berlin, July 11, 1799. (L. S.) Charles Guillaume compte de Finkenstein.

venfleben.

(L. S.)

Philippe Charles d'Al

laws, for the removal of the public offices, records, and property. Thefe directions have been, executed, and the public officers have fince refided and conducted the ordinary bufinels of the government in this place.

I congratulate the people of the United States on the aflembling of congrefs at the permanent feat of their government, and I congratulate you, gentlemen, on the profpect of a refidence not to be changed. Although there is caufe to apprehend that accommodations are not now fo complete as might be wished, yet there is great reafon to believe that this inconvenience will ceafe with the prefent feffion.

It would be unbecoming the reprefentatives of the nation to affemble, for the first time in this folemn temple, without looking up to the Supreme Ruler of the Univerfe, and imploring his blefling. May this territory be the refidence of virtue and happinefs! In this city may that piety and virtue, that wifdom and magnanimity, that conftancy and felf-government, which adorned the great character whofe name it bears, be for ever held in veneration! Here, and throughout our country, may fimple manners, pure morals, and true religion, flourish for ever!

. It is with you, gentlemen, to confider whether the local powers over the district of Columbia, vefted by the conftitution in the congrefs of the United States, fhall be immediately exercifed. If, in your opinion, this important truft ought now to be executed, you cannot fail, while performing it, to take into view the future probable fituation of the territory, for the happiness of which you are about to

provide. You will confider it as the capital of a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, and in population, and poflefling within itfelf thofe energies and refources, which, if not thrown away, or lamentably mif-directed, fecure to it a long courfe of prosperity and felf-government.

In compliance with a law of the laft feflion of congrefs, the officers and foldiers of the temporary army have been difcharged. It affords real pleafure to recollect the honourable teftimony they gave of the patriotic motives which brought them into the fervice of their country, by the readinefs and regularity with which they returned to the ftation of private citizens.

It is in every point of view, of fuch primary importance to carry the laws into prompt and faithful execution, and to render that part of the adminiftration of justice, which the conftitution and laws devolve on the federal courts, as convenient to the people as may confit with their prefent circumftances, that I cannot omit once more to recommend to your ferious confideration the judiciary fyftem of the United States. No fubject is more interefting than this to the public happinels, and to none can thole improvements, which may have been fuggefted by experience, be more beneficially applied.

A treaty of amity and commerce with the king of Pruflia has been concluded and ratifiel. The ratifications have been exchanged, and I have directed the treaty to be promulgated by proclamation.

The difficulties which fufpended the execution of the fixth article of our treaty of amity, commerce, and

navigation with Great Britain, have not yet been removed. The negociation on this fubject is ftill depending. As it must be for the

intereft and honour of both nations to adjust this difference with good faith, I indulge confidently the expectation, that the fincere endeavours of the government of the United States to bring it to an amicable termination, will not be difappointed.

The envoys extraordinary and minifters plenipotentiary from the United States to France were received by the first conful with the refpect due to their character, and three perfons with equal powers were appointed to treat with them. Although at the date of the laft of ficial intelligence the negociation had not terminated, yet it is to be hoped, that our efforts to effect an accommodation will at length meet with a fuccefs proportioned to the fincerity with which they have been fo often repeated.

While our beft endeavours for the preservation of harmony with all nations will continue to be ufed, the experience of the world-our own experience-admonish us of the infecurity of trufting too confidently to their fuccefs. We can not, without committing a dangerous imprudence, abandon thofe measures of felf-protection, which are adapted to our fituation, and to which, notwithstanding our pacific policy, the violence and injuftice of others may again compel us to refort. While our vast extent of fea coaft, the commercial and agricultural habits of our people, the great capital they will continue to truft on the ocean, fuggeft the fyftem of defence which will be most beneficial to ourselves-our diftance from

Europe, and our refources for ma ritime strength, will enable us to employ it with effect. Seasonable and fyftematic arrangements, fo far as our refources will juftify, for a navy adapted to defenfive war, and which may, in cafe of neceffity, be quickly brought into ufe, feem to be as much recommended by a wife and true economy, as by a juft regard for our future tranquil lity, for the fafety of our fhores, and for the protection of our property committed to the ocean. The pres fent navy of the United States, called fuddenly into existence by a great national exigency, has raifed us in our esteem, and, by the protection afforded to our commerce, has effected, to the extent of our expectations, the object for which it was created.

In connection with a navy ought to be contemplated the fortifica tion of fome of our principal fea ports and harbours. A variety of confiderations, which will readily fuggeft themfelves, urge an atten tion to this measure of precaution. To give fecurity to our principal ports, confiderable fums have al ready been expended, but the works remain incomplete. It is for congrefs to determine whether additional appropriations fhall be made, in order to render competent to the intended purposes the fortifications which have been commenced.

The manufacture of arms within the United States ftill invites the attention of the national legislature. At a confiderable expenfe to the public, this manufactory has been brought to fuch a state of maturity, as, with continued encouragement, will fuperfede the neceffity of future importations from foreign countries.

Gentlemen