same principles it is hoped that the belligerent Powers will let pass free and unhindered, that they will not appropriate and seize, nor confiscate the unprohibited merchandise and cargoes of Prussian subjects which might be found aboard the ships of the belligerent nations, nor the unprohibited merchandise of the belligerent nations which is on board Prussian ships, and in all such cases His Majesty will as far as possible protect his subjects, will personally see to it and cautiously act to the end that their merchandise and cargoes be shipped on Prussian ships under the Prussian flag, and not to engage to a large extent in the transportation of merchandise and goods belonging to the belligerent nations, and to guard against all possible misunderstandings and mishaps, especially to carry on a purely legitimate Prussian maritime trade. ARTICLE 3 All Prussian ships sailing on the sea must provide themselves with regular passes and attestations from the boards of the admiralty, of the war and of the authorities of each province, or from the magistrates of each locality, in the customary way, as well as with the usual charter document, bill of lading and other certificates which must state the quality and quantity of the cargo, the name of the owner and consignee together with that of its destination. These maritime documents must be clear and unequivocal, must be at all times on board of each ship, and under no circumstances ever be thrown overboard; especially, every skipper must guard against false maritime papers. ARTICLE 4 and If loaded in a foreign port, every Prussian ship must there provide itself with the required and customary local maritime papers, in order to prove its identity everywhere, to what nation it belongs, the cargo it carries, whence it comes and whither it is bound. ARTICLE 5 There shall be no maritime officers and employees on board Prussian ships, nor shall more than one-third of the sailors belong to the belligerent nations. ARTICLE 6 and All Prussian navigators are hereby forbidden to carry cargoes merchandise of whatever nature, to such localities and parts as are really besieged, or closely blockaded and closed by one of the belligerent Powers. ARTICLE 13 Prussian subjects, sea-farers and merchants shall not lend their names to foreign nations, but shall carry on their commerce as is permissible in accordance with the rights and customs of the peoples, in such manner as not to cause injury to any one of the belligerent nations, nor to give cause to any one of the belligerent nations to enter a rightful complaint. Those royal subjects who conform themselves strictly to this ordinance may expect all possible protection and assistance from His Royal Majesty: those, however, who act against this ordinance may not expect such protection and assistance, but must remain personally responsible for all danger and loss they might incur in so acting. Given at Berlin, April 30, 1781. By special command of His Majesty the King. E. F. v. HErzberg Convention between Russia and Prussia for the Maintenance of the Freedom of Commerce and Navigation of Neutral Nations, and Separate Articles, May 19, 17811 The justice and equity of principles which Her Majesty the Empress of all the Russias adopted and acknowledged before Europe by her declaration of February 28, 1780, transmitted to all the belligerent Powers, have determined His Majesty the King of Prussia to take part as directly as possible in the glorious system of neutrality which has resulted therefrom, with the universal commendation of all the nations, not only by acknowledging these principles which are founded on justice and the law of nations, but also by acceding thereto and by guaranteeing them by a formal act. This determination of His Prussian Majesty meeting entirely with the desire of Her Imperial Majesty 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 245. Ratifications exchanged at St. Petersburg, June 15, 1781. of all the Russias to give them a stable and solid basis by having them solemnly recognized by all the Powers as the only principles capable of establishing security of commerce and of navigation for neutral nations in general, Their Majesties have seen fit with one accord to enter into negotiations regarding a subject in which they are both equally interested, in so far as it can work to the welfare and advantage. of their respective subjects, and to this end they have chosen, appointed, and authorized, to wit: His Majesty the King of Prussia, the Count von Goertz, his Minister of State, and his Minister Extraordinary at the Imperial Court of Russia; and Her Imperial Majesty of all the Russias, Nikita Count Panin, her Privy Councilor, Senator, Chamberlain, and Chevalier of the Orders of St. Andrew, of St. Alexander Newsky, and of St. Anne; John Count d'Ostermann, her Vice Chancellor, Privy Councilor, and Chevalier of the Orders of St. Alexander Newsky and of St. Anne; Alexander de Besborodka, Major General of her Armies and Colonel commanding the Kiovia Regiment of Militia of Little Russia; and Pierre de Bacounin, her Councilor of State, Member of the Department of Foreign Affairs, and Chevalier of the Order of St. Anne; who having exchanged their full powers, found to be in good and due form, have agreed upon the following articles: ARTICLE 1 Their Majesties being sincerely resolved to maintain relations of friendship and of the most perfect harmony with the Powers now at war, and to continue to observe the strictest and the most scrupulous neutrality, declare their desire to see to the most rigorous execution of the prohibition of commerce in contraband by their subjects, with any of the Powers now at war or which may hereafter enter into the war. ARTICLE 2 To avoid any ambiguity and any misunderstanding regarding what is to be considered contraband, Her Majesty the Empress of all the Russias has declared that she recognizes as such only the goods included under this head in Articles 10 and 11 of her treaty of commerce with Great Britain, whose obligations, which are founded entirely on the natural law, she has extended to the Crowns of France and Spain, which countries have not heretofore bound themselves with her Empire by any engagement relating purely to commerce. Since there likewise exists no engagements of this nature between His Prussian Majesty and the Powers now at war, he declares for his part, that, in this respect, he also desires to bind himself with them by the obligations of the aforesaid treaty of commerce between Russia and Great Britain, with specific reference to Articles 10 and 11 of that treaty. ARTICLE 3 Contraband determined and excluded from commerce, in conformity with Articles 10 and 11 of the aforesaid treaty concluded between Russia and Great Britain on June 20, 1766, His Majesty the King of Prussia and Her Imperial Majesty of all the Russias understand and desire that all other trade be and remain absolutely free on the basis of the general principles of the natural law, which Her Majesty the Empress has solemnly demanded, and of which freedom of commerce and of navigation, as well as the rights of neutral peoples, is a direct consequence; and in order that they may not depend upon an arbitrary interpretation, suggested by isolated and temporary interests, Her Imperial Majesty of all the Russias has adopted and established as a basis the four following points: (1) That every vessel may navigate freely from port to port and along the coasts of the nations at war. (2) That effects belonging to the subjects of the said Powers at war shall be free on board neutral vessels, with the exception of contraband. (3) That to determine what constitutes a blockaded port, such designation shall apply only to a port where the attacking Power has disposed its vessels sufficiently near in such a way as to render access thereto dangerous. (4) That neutral vessels may be stopped only for just cause and for acts that are perfectly evident; that their cases shall be decided without delay; that the procedure shall always be uniform, prompt. and legal, and that in every instance, besides the indemnities allowed to those which have suffered loss without having been at fault, complete satisfaction shall be given for the insult to the flag. His Majesty the King of Prussia accedes to these principles, adopts them also, and guarantees them in the most positive manner, binding himself to uphold them and demand their observance whenever the interests of the commerce and navigation of the subjects of the two high contracting Parties may so require. ARTICLE 4 In return for this accession Her Majesty the Empress of all the Russias will continue to protect the commerce and navigation of the Prussians with her fleets, as she has already agreed to do at the request of His Majesty the King of Prussia, having had orders sent to all the commanding officers of her squadrons to protect and defend against all insults and molestation the merchant ships of Russia, which happen to be in their course, as being the vessels of a friendly and allied Power that strictly observes neutrality, it being understood, however, that the aforesaid vessels shall not be used for any illicit commerce, or for any purpose that is contrary to the rules of the strictest and most scrupulous neutrality. ARTICLE 5 If it should happen, in spite of the greatest care on the part of the two contracting Powers for the observance by them of the most complete neutrality, that the merchant vessels of His Majesty the King of Prussia and of Her Imperial Majesty of all the Russias should be insulted, pillaged, or taken by the war-ships or private ship-owners of any of the Powers at war, then the Minister of the injured party at the Court, whose war-ships or private ship-owners shall have committed such acts, shall make representations, shall make claim for the captured merchant vessel, and shall insist upon suitable indemnities, never losing sight of reparation for the insult to the flag. The Minister of the other contracting Party shall join with him and support his complaint in the most energetic and efficacious manner, and they will thus act with one accord. If justice should be refused, or if it should be postponed from time to time, then Their Majesties shall employ reprisals the Power so refusing and they shall continually consult with each other as to the most appropriate method for carrying out such reprisals. ARTICLE 6 If it should happen that either of the two contracting Powers or both of them, because of or in contempt of the present act, or for any other cause relating thereto, should be disturbed, molested, or attacked, it has been likewise agreed that the two Powers shall make common cause for their mutual defense, and shall work and act in |