united kingdom of Great Britain and Ireland being not only to come to an understanding between themselves with respect to the differences which have lately interrupted the good understanding and friendly relations which subsisted between the two states; but also to prevent, by frank and precise explanations upon the navigation of their respective subjects, the renewal of similar altercations and troubles which might be the consequence of them; and the object of the solicitude of their said majesties being to settle, as soon as can be done, an equitable arrange ment of those differences, and an invariable determination of their principles upon the rights of neutrality, in their application to their respective monarchies, in order to unite more closely the ties of friendship and good intercourse, of which they acknowledge the utility and the benefits, have named and chosen for their plenipotentiaries, viz. his majesty the emperor of all the Russias, the sieur Niquita, count de Panen, his counsellor, &c. and his majesty the king of the united kingdom of Great Britain and Ireland, Alleyen, baron St. Helens, privy counsellor, &c. who, after having communicated their full powers, and found them in good and due form, have agreed upon the following points and articles: Art. I. There shall be hereafter between his imperial majesty of all the Russias and his Britannic majesty, their subjects, the states and countries under their domination, good and unalterable friendship and understanding; and all the political, commercial, and other relations of common utility between the respective subjects shall subsist as formerly, without their be. ing disturbed or troubled in any manner whatever. II. His majesty the emperor and his Britannic majesty declare, that they will take the most especial care of the execution of the prohibitions against the trade of contraband of their subjects with the enemies of each of the high contracting parties. III. His imperial majesty of all the Russias and his Britannic majesty having resolved to place under a sufficient safeguard the freedom of commerce and navigation of their subjects, in case one of them shall be at war whilst the other shall be neuter, have agreed: 1. That the ships of the neutral power shall navigate freely to the ports and upon the coasts of the nations at war. 2. That the effects embarked on board neutral ships shall be free, with the exception of contraband of war, and of enemy's property; and it is agreed not to comprise in the number of the latter, the merchandise of the produce, growth, or manufacture of the countries at war, which should have been acquired by the subjects of the neutral power, and should be transported for their account, which merchandise cannot be excepted in any case from the freedom granted to the flag of the said power. 3. That in order to avoid all equivocation and misunderstanding of what ought to be qualified as contraband of war, his imperial majesty of all the Russias and his Britannic majesty declare, conformably to the 11th article of the treaty of commerce concluded between the two crowns on the 10th (21st) Feb. 1797, that they acknowledge as such only the following objects, (K3) viz. viz. cannons, mortars, fire-arms, pistols, bombs, grenades, balls, bullets, firelocks, flints, matches, powder, salt-petre, sulphur, helmets, pikes, pouches, swords, sword-belts, saddles and bridles, excepting, however, the quantity of the said articles which may be necessary for the defence of the ship and of those who compose the crew; and all other articles whatever not enumerated here shall not be reputed warlike and naval ammunition, nor be subject to confiscation, and of course shall pass freely, without being subjected to the smallest difficulty, unless they be considered enemy's property in the above set tled sense. It is also agreed that that which is stipulated in the present article shall not be to the prejudice of the particular stipulations of one or the other crown with other powers, by which objects of a similar kind should be reserved, prohibited, or permitted. 4. That in order to determine whatcharacterises a blockaded port, that determination is given only to that where there is, by the disposition of the power which attacks it with ships stationary, or sufficiently near, an evident danger in entering. 5. That the ships of the neutral power shall not be stopped but upon just causes and evident facts: that they be tried without delay, and that the proceeding be always uniform, prompt, and legal. In order the better to ensure the respect due to these stipulations, dictated by the sincere desire of conciliating all interests, and to give a new proof of their loyalty and love of justice, the high contracting parties enter here into the most formal engagement to renew the severest prohibitions to their captains, whether of ships of war or merchantmen, to take, keep, or conceal on board their ships any of the objects which, in the terms of the present convention, may be reputed contraband, and respectively to take care of the execution of the orders which they shall have pub lished in their admiralties, and wherever it shall be necessary. Art. IV. The two high contracting parties, wishing to prevent all subject of dissension in future by limiting the right of search of merchant ships going under convoy to the sole causes in which the belli, gerent power may experience a real prejudice by the abuse of the neutral flag, have agreed, 1. That the right of searching merchant ships belonging to the subjects of one of the contracting powers, and navigating under convoy of a ship of war of the said power, shall only be exercised by ships of war of the belligerent party, and shall never extend to the fitters out of privateers, or other vessels, which do not belong to the imperial or royal fleet of their ma jesties, but which their subjects shail have fitted out for war. 2. That the proprietors of all merchant ships belonging to the subjects of one of the contracting sovereigns, which shall be destined to sail under convoy of a ship of war, shall be required, before they receive their sailing orders, to produce to the commander of the convoy their passports and certificates, or sea letters, in the form annexed to the present treaty. 3, That when such ship of war, and every merchant ship under convoy, shall be met with by a ship or ships of war of the other contracting party, who shall then be in a state of war, in order to avoid all disorder, they shall keep out of cannon shot, unless the situation of the sea, or the place of meeting, render a nearer approach necessary; and the commander of the ship of the belligerent power shall send a sloop on board the convoy, where they shall proceed reci procally to the verification of the papers and certificates that are to prove on one part, that the ship of war is authorised to take under its escort such or such merchant ships of its nation, laden with such a cargo, and for such a port: on the other part, that the ship of war of the belligerent party belongs to the imperial or royal fleet of their majesties. 4. This verification made, there shall be no pretence for any search, if the papers are found in due form, and if there exists no good motive for suspicion. In the contrary case, the captain of the neutral ship of war (being duly required thereto by the captain of the ship of war or ships of war of the belligerent power) is to bring-to and detain his convoy during the time ne cessary for the search of the ships which compose it, and he shall have the faculty of naming and delegating one or more officers to assist at the search of the said ships, which shall be done in his presence on board each merchant ship conjointly with one or more officers selected by the captain of the ship of the belligerent party. 5. If it happen that the captain of the ship or ships of war of the power at war, having examined the papers found on board, and having interrogated the master and crew of the ship, shall see just and sufficient reason to detain the merchant ship in order to proceed to an ulterior search, he shall notify that intention to the captain of the convoy, who shall have the power to order an officer to remain on board the ship thus detained, and to assist at the examination of the cause of her detention. The merchant ship shall be carried.immediately to the nearest and most convenient port belonging to the belligerent power, and the ulterior search shall be carried on with all possible diligence. Art. V. It is also agreed, that if any merchant ship thus convoyed should be detained without just and sufficient cause, the commander of the ship or ships of war of the belligerent power shall not only be bound to make to the owners of the ship and of the cargo a full and perfect compensation for all the losses, expences, damages, and costs, occasioned by such a deten tion, but shall further be liable to an ulterior punishment for every act of violence or other fault which he may have committed, according as the nature of the case may require. On the other hand, no ship of war with a convoy shall be per mitted, under any pretext whatso ever, to resist by force the detention of a merchant ship or ships by the ship or ships of war of the belligerent power; an obligation which the commander of a ship of war with convoy is not bound to observe towards privateers and their fitters out. VI. The high contracting powers shall give precise and efficacious orders that the sentences upon prizes made at sea shall be conformable with the rules of the most exact justice and equity; that they shall be given by judges above su-, spicion, and who shall not be interested in the matter. The government of the respective states shall take care that the said sentences shall be promptly and duly executed, according to the forms prescribed. In case of the unfounded (K 4) deteution, detention, or other contravention of the regulations stipulated by the present treaty, the owners of such a ship and cargo shall be allowed damages proportioned to the loss occasioned by such detention. The rules to observe for these damages, and for the case of unfounded detention, as also the principles to follow for the purpose of accelerating the process, shall be the matter of additional articles, which the contracting parties agree to settle between them, and which shall have the same force and validity as if they were inserted in the present act. For this effect, their imperial and Britannic majesties mutually engage to put their hand to the salutary work, which may serve for the completion of these stipulations, and to communicate to each other without delay the views which may be suggested to them by their equal solicitude to prevent the least grounds for dispute in future. VII. Toobviate all the inconveniencies which may arise from the bad faith of those who avail themselves of the flag of a nation without belonging to it, it is agreed to establish for an inviolable rule, that any vessel whatever, to be considered as the property of the country the flag of which it carries, must have on board the captain of the ship and one half of the crew of the people of that country, and the papers and passports in due and perfect form; but every vessel which shall not observe this rule, and which shall infringe the ordinances published on that head, shall lose all rights to the protection of the contracting powers. VIII. The principles and measures adopted by the present act shall be alike applicable to all the maritime wars in which one of the two powers may be engaged whilst the other remains neutral. These stipulations shall in consequence be regarded as permanent, and shall serve for a constant rule to the contracting powers in matters of commerce and navigation. IX. His majesty the king of Denmark and his majesty the king of Sweden shall be immediately invited by his imperial majesty, in the name of the two contracting parties, to accede to the present convention, and at the same time to renew and confirm their respective treaties of commerce with his Britannic majesty; and his said majesty engages, by acts which shall have established that agreement, to render and restore to each of these powers all the prizes that have been taken from them, as well as the territories and countries under their domination which have been conquered by the arms of his Britannic majesty since the rupture, in the state in which those possessions were found at the period at which the troops of his Britannic majesty entered them. The orders of his said majesty for the restitution of those prizes and conquests shall be immediately expedited after the exchange of the ratifications of the acts by which Sweden and Denmark shall accede to the present treaty. X. The present convention shall be ratified by the two contracting parties, and the ratifications exchanged at St. Petersburg in the space of two months at furthest, from the day of the signature. In faith of which the respective plenipotentiaries have caused to be made two copies perfectly similar, signed with their hands, and have sealed with their arms. Done at St. Petersburg the 5th (17 June), 1801. (L. S.) N. COUNT DE PANEN. (L. S.) ST. HELENS. For Formula of the Passports and Sea Letters which ought to be delivered in the respective Admiralties of the States of the two High Contracting Parties to the Ships of War, and Merchant Vessels, which shall sail from them, conformable to Article IV. of the present Treaty. Be it known that we have given leave and permission to N, of the city or place of N-, master or conductor of the ship N-, belonging to N-, of the port of N-, of tons or thereabouts, now lying in the port or harbour of Nto sail from thence to N, laden with N-, on account of N-—, after the said ship shall have been visited before its departure in the usual manner by the officers appointed for that purpose; and the said N, or such other as shall be vested with powers to replace him, shall be obliged to produce in every port or harbour which he shall enter with the said vessel, to the officers of the place, the present licence, and to carry the flag of Nduring his voyage. In faith of which, &c. Copy of the 1st separate Article of the Convention with the Court of London, signed the 5th (17th) of June, 1801. The pure and magnanimous intentions of his majesty the emperor of all the Russias having already in duced him to restore the vessels and goods of British subjects which had been sequestered in Russia, his said majesty confirms that disposition in its whole extent; and his Britannic majesty engages also to give immediately orders for taking off all sequestration laid upon the Russian, Danish, and Swedish properties detained in English ports; and to prove still more his sincere desire to terminate amicably the differences which have arisen between Great Britain and the northern courts, and in order that no new incident may throw obstacles in the way of this salutary work, his Britannic majesty binds himself to his forces by land and sea, that the give orders to the commanders of armistice now subsisting with the courts of Denmark and Sweden shall be prolonged for a term of three months from the date of this day; and his majesty the emperor of all the Russias, guided by the same motives, undertakes, in the name of his allies, to have this armistice maintained during the said term. This separate article, &c. Copy of the 2d separate Article of the Contention with the Court of London, signed at St. Petersburg the 5th (17th) of June, 1801. The differences and misunderstandings which subsisted between his majesty the emperor of all the the united kingdom of Great BriRussias and his majesty the king of tain and Ireland being thus terminated, and the precautions taken by the present convention not giving further room to fear that they may be able to disturb in future the harmony and good understanding which the two high contracting parties have at heart to consolidate, their said majesties confirm anew, by the present convention, the treaty of commerce of the 10th (Feb. 21, 1797), of which all the stipulations are here repeated, to be maintained in their whole extent. This separate article, &c, By |