The Diplomatic Correspondence of the American Revolution
Chapter 352 : ARTICLE x.x.xII.If, by exhibiting the sea-letters and other doc.u.ments, the other par

ARTICLE x.x.xII.

If, by exhibiting the sea-letters and other doc.u.ments, the other party shall discover there any of those sorts of goods, which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such s.h.i.+p, nor to open any chest, coffer, packs, casks, or other vessels found therein, or to remove the smallest parcel of the goods, unless the lading be brought on sh.o.r.e in presence of the officers of the Court of Admiralty, and an inventory thereof be made; but there shall be no allowance to sell, exchange, or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the Court of Admiralty by a sentence p.r.o.nounced shall have confiscated the same, saving always as well the s.h.i.+p itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize. But, on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover any there, he shall be condemned in all the charges and damages, which he shall have caused, both to the owners of the vessels, and to the owners and freighters of the cargoes with which they shall be loaded, for his temerity in taking and carrying them into port; it being declared most expressly, that free vessels shall a.s.sure the liberty of the effects with which they shall be ladened, and that this liberty shall extend itself equally to the persons who shall be found in free vessels, although they are enemies to both, or either party, who may not be taken out of her unless they are military men actually in the service of an enemy.

ARTICLE x.x.xIII.

On the contrary, it is agreed, that whatever shall be found to be ladened by the citizens and subjects of either party, on any s.h.i.+ps belonging to the enemies of the other, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated as if it belonged to the enemy; excepting always such effects and merchandises as were put on board such vessel before the declaration of war, or in the s.p.a.ce of ---- months after it; which effects shall not be in any manner subject to confiscation, but shall be faithfully, and without delay, restored in nature to the owners who shall claim them, or cause them to be claimed before the confiscation or sale; and, if they should not be claimed before then, the proceeds thereof shall be restored, provided they are duly claimed within ---- months after the sale, which shall always be public. Nevertheless, if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to the enemies of the other ally.

ARTICLE x.x.xIV.

And under this denomination of contraband or merchandises prohibited, shall be comprehended only ----. All other effects and merchandises not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or by sea, shall not be adjudged contraband, neither by the letter nor according to any pretended interpretation whatever, ought they, or can they be comprehended under the notion of effects prohibited or contraband; so that all effects and merchandises, which are not expressly before mentioned, may, without any exception and in perfect liberty, be transported by the citizens and subjects of both allies from and to places belonging to the enemy of the other, excepting only the place, which at the same time shall be blocked, as described in the article of this treaty.

ARTICLE x.x.xV.

All vessels and merchandises of whatever nature, which shall be rescued out of the hands of any pirates or robbers navigating the high seas without requisite commissions, shall be brought into some port of one of the two States, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprietors, as soon as due and sufficient proofs shall be made concerning the property thereof.

ARTICLE x.x.xVI.

It shall be lawful, as well for the s.h.i.+ps of war of the two contracting parties, as for the private armed vessels belonging to their respective citizens and subjects, to carry whithersoever they please, the s.h.i.+ps and goods taken from their enemies; neither shall they be obliged to pay anything to the officers of the Admiralty, or to any other judges or persons whatever; nor shall the aforementioned prizes, when they come to and enter the ports of the said States be detained by arrest, or be subject to any search or visit; nor shall the validity of the capture be questioned; but they may come to sail, depart, and carry their prizes to those places, which are mentioned in their commissions, which the commanders of such s.h.i.+ps of war, or private armed vessels shall be obliged to show, if required. On the contrary, no shelter or refuge shall be given in the ports of one of the parties to such as shall have made a prize upon the citizens and subjects of the other party, and if, perchance, such s.h.i.+ps shall come in, being forced by stress of weather, or the danger of the seas, they shall be obliged to depart as soon as possible.

ARTICLE x.x.xVII.

No subject of her said Imperial Majesty, shall apply for or take any commission or letters-of-marque for arming any s.h.i.+p or vessels, to act as privateers against the said United States, or any of them, the citizens or inhabitants thereof, or against the property of any of them, from any Prince or State, with which the United States shall be at war; nor shall any citizen or inhabitant of the said United States, or any of them, apply for or take any commission or letters-of-marque, for arming any s.h.i.+ps or vessels to act as privateers against the subjects of her said Imperial Majesty, or any of them, or against their property, from any Prince or State with which her said Imperial Majesty shall be at war; and if any persons of either nation shall take such commission or letters-of-marque, he shall be punished as a pirate.

ARTICLE x.x.xVIII.

It shall not be lawful for any foreign privateers, not belonging to the subjects of her said Imperial Majesty, or to the citizens or inhabitants of the said United States, which have commissions from any other Prince or State, at war with either of the parties, to fit their s.h.i.+ps in the ports of either of them, to sell the prizes which they shall have made, or in any other manner whatsoever to discharge the vessels, merchandises, or any part of their cargoes; neither shall they be allowed even to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.

ARTICLE x.x.xIX.

To the end that all dissension and quarrel may be avoided and prevented, it is agreed, that in case one of the two parties happens to be at war, the vessels belonging to the citizens and subjects of the other ally, shall be provided with sea-letters or pa.s.sports, expressing the name and the place of abode of the master or commander of said vessel, to the end, that thereby it may appear, that the vessel really and truly belongs to the citizens or subjects of one of the contracting parties; which pa.s.sports shall be drawn and distributed according to the form annexed to this treaty. Each time that the vessel shall return she shall have such of her pa.s.sports renewed, or at least they ought not to be of more ancient date than two years from the time the vessel last came from her own country. It is also agreed, that such vessels being loaded, ought to be provided, not only with the said pa.s.sports or sea-letters, but also with a general pa.s.sport, or with particular pa.s.sports or manifests, or other public doc.u.ments which are ordinarily given, to vessels which are outward bound, in the ports from whence they have set sail in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and of that of her destination; or instead of all these, certificates from the magistrates or governors of cities, places, and colonies, from whence the vessel came, given in the usual form, to the end, that it may be known whether there are any effects prohibited or contraband on board the vessels, and whether they are destined to be carried to an enemy's country or not. And in case any one judges proper to express in the said doc.u.ments, the person to whom the effects on board belong, he may do it freely, without however being bound to do it; and the omission of such expression cannot and ought not to be deemed a cause of confiscation.

ARTICLE XL.

The contracting parties grant to each other mutually, the liberty of having, each in the ports of the other, consuls, vice consuls, agents, and commissaries, of their own appointment, whose functions shall be regulated by particular agreement whenever the parties shall choose to enter into one.

ARTICLE XLI.

For the better promoting commerce on both sides, it is agreed that if a war should break out between the contracting parties (which may G.o.d prevent) the term of twelve months, to commence from the day of the publication of a proclamation by the sovereign authority of the State to be made for that purpose whenever it shall be judged proper, shall be allowed to the citizens and subjects of each part residing within the dominions of the other, in which they themselves may retire, together with their families, goods, and effects, and carry them whithersoever they please; and for this end, pa.s.sports and safe conducts shall be freely granted to them, as well for their persons as for their vessels and other effects, for some convenient ports of their respective countries, and for a time necessary for the voyage; and likewise during the said term, the selling and disposing of their effects, both movable and immovable, shall be allowed to them freely, and without any molestation; and also their goods and effects of every sort, and more especially their persons, shall not be detained or troubled by arrest or seizure, except it be in a due course of justice on account of debts or crimes, but rather in the meantime, they shall have and enjoy good and speedy justice, so that within that term they may be able to recover their goods, effects, and debts intrusted as well to the public as to private persons; and it shall be lawful for them also before, or at the time of their departure, to consign to whom they shall think fit, or otherwise dispose of according to their pleasure or convenience, such of their effects as they shall not have parted with, as well as the debts which shall be due to them, and their debtors shall be obliged to pay the same in like manner as if the contracting parties were in full peace with each other.

FOOTNOTES:

[27] It does not appear that this plan of a treaty was ever discussed between the parties, but was drawn up by Mr Dana on such principles as he intended to maintain, should the negotiation proceed.

TO ROBERT R. LIVINGSTON.

St Petersburg, June 24th, 1783.

Sir,

In my last, I had the honor to transmit to you a copy of the answer which I had received to my Memorial, and my reply to it. Things remain in the same state, as we have no news of the conclusion of peace under the mediation of their Imperial Majesties. This delay is supposed to arise from some difficulties still subsisting between Great Britain and the United Provinces respecting their affairs in the East Indies, and though the latter are not concerned (any more than the United States) in the mediation, yet France will not probably conclude her definitive treaty till Great Britain and the United Provinces have agreed upon their terms. To give time for this, was not the least object which France had in view by the present mediation.

Notwithstanding the language of all the gazettes in Europe respecting an adjustment of affairs between the Imperial Courts and the Porte being at hand, it is still thought here, that the war between the latter and this empire, at least, is inevitable. Should the Emperor take a part in it, we shall see this continent in a flame. The naval reinforcements intended to be sent from hence into the Mediterranean, are stopped most certainly on account of an opposition from the quarter mentioned in mine of May 30th. Though in my last, by the references there made, I have pointed out the general object of the war with the Porte, on the part of the Imperial Courts, yet there are some particulars relative to the Empress, of which you are not particularly informed, I will give them to you by the first safe opportunity. I shall have one in about a month by Mr Allen, a merchant of Boston, who arrived here last week, and proposes to return to America about that time. The journey of the Empress into Finland, as mentioned in my last, has been postponed on account of a hurt the King of Sweden received from a fall from his horse; it will take place in a few days.

The flag of the United States is now displayed at Riga, upon a s.h.i.+p of five hundred tons, commanded by a Captain McNeil, belonging to Ma.s.sachusetts, who arrived there on the first instant from Lisbon with salt, an article permitted in that port though prohibited here. This is the only arrival of any American vessel in any part of this empire.

She carries out hemp only, it being the only article with which she can be furnished there proper for our markets. This demand comes very seasonably to destroy the allegations of those who had endeavored to promote their particular interests at the expense of ours, and also to support the contrary representation which I had constantly made of our commerce. Cordage may indeed be had at Riga, as well as hemp, but both of them are dearer than in this port. They are, however, of a better quality, but they are seldom exported on private account, as the difference of the price is thought to be too great for that of the quality. The Admiralty of England prefers them. I mention these circ.u.mstances as they may give some useful information, not only to the Admiralty of the United States, but to our private merchants. The one may seek them, the other may avoid them. A vessel owned partly in Ireland, and partly by a Mr Wharton and others, of Philadelphia, I am told, will sail from hence for Philadelphia in about a month. Mr Allen will take his pa.s.sage in one of the two abovementioned vessels.

I have the honor to be, &c.

FRANCIS DANA.

TO ROBERT R. LIVINGSTON.

St Petersburg, July 1st, 1783.

Sir,

I do myself the honor to write you by this day's post, merely to let you know, that we have not yet received an account of the conclusion of the definitive treaty of peace, and of course, that I remain in the same state as at the date of my last. Her Imperial Majesty set off last Friday to meet the King of Sweden at Fredericksham, and is expected here again next Friday. The object of this meeting is doubtless such as I have mentioned in my letter of June 17th. The King of Sweden has a well appointed army of more than ten thousand men near his frontiers in Finland, and the Russian army, about their frontiers, is said to be greater. The two Sovereigns have been putting their possessions in that quarter into a better state of defence for some time. Sweden has been engaged in completing the fortress of Sweaborg, near Helsingfors, which is said to be an exceeding strong place.

These preparations do not indicate, certainly, hostile intentions on either part. They are such as common prudence, with the most pacific dispositions, might render indispensable in the present prospect of a war with Turkey. Should this empire prove unsuccessful in that, there is little reason to doubt that Sweden would seize upon such an occasion, to recover the territories which have been conquered from it. Or if the Emperor should take a part in the Turkish war, of which there seems to be much doubt at present, and thereby engage Prussia, France, and perhaps, Spain in it, it is highly probable in that case, that Sweden would not long remain inactive. It cannot now be long before the point will be decided, whether we shall have a general war on the continent of Europe or not.

We shall have a great change in the course of the summer, in the diplomatic corps here. The Minister of Spain has lately gone away, leaving a _Charge d'Affaires_. The Ministers of France, Portugal, and Denmark, are about doing the same. The Minister of England will be succeeded by another of the same cla.s.s, as also the Minister of Naples. Besides these changes, a Minister is coming from the Republic of Venice. France, Spain, Denmark, Portugal, and Sweden, will be represented here by _Charges d'Affaires_, and, if I might offer my opinion upon the matter, when the United States shall have made their commercial treaty with this empire, a _Charge d'Affaires_ would answer every useful purpose they can have in view at the Court. Every day's experience convinces me, that they cannot decently maintain a Minister of the second cla.s.s at this Court, under an appointment of 3000 sterling per annum, and that it would be a very useless expense for them, as a _Charge d'Affaires_ may be well supported upon half that sum. I have not received any letter from you later than ----, nor has the confederation or the const.i.tutions of the several States, which you say you have sent me, and which would be very acceptable to me, ever come to hand, and as you have not mentioned through what channel you sent them, I know not where to apply for them. I have written to Paris and Holland for them in vain.

I have the honor to be, &c.

FRANCIS DANA.

TO ROBERT R. LIVINGSTON.

St Petersburg, July 8th, 1783.

Sir,

After the departure of her Imperial Majesty for Fredericksham, as mentioned in my last, the Vice Chancellor communicated to the foreign Ministers the information, that their Imperial Majesties had concluded an alliance offensive and defensive against the Porte. Thus it is now become certain, that the Emperor will take a part in this new war; the consequence of which will be, as I have supposed in some of my former letters, a general war on the continent of Europe.