latter, the merchandife of the produce, growth, or manufacture of the countries at war, which fhould have been acquired by the fubjects of the neutral power, and should be transported for their account, which merchandise cannot be excepted in any cafe from the freedom granted to the flag of the faid power. 3. That, in order to avoid all equivocation and misunderstanding of what ought to be qualified as contraband of war, his Imperial Majefty of all the Ruffias and his Britannic Majesty declare, conformably to the 11th article of the treaty of commerce concluded between the two crowns on the 10th (21ft) February 1797, that they acknowledge as fuch only the following objects, viz. cannons, mortars, fire-arms, piftols, bombs, grenades, balls, bullets, firelocks, flints, matches, powder, faltpetre, fulphur, belmets, pikes, fwords, fword-belts, pouches, faddles, and bridles, excepting, however, the quantity of the faid articles which may be neceffary for the defence of the fhip and of those who compofe the crew; and all other articles whatever, not enumerated here, fhall not be reputed warlike and naval ammunition, nor be fubject to confifcation, and of course shall pafs freely, without being fubjected to the smalleft difficulty, unless they be confidered as enemy's property in the above fettled fenfe. It is alfo agreed, that that which is ftipulated in the present article shall not be to the prejudice of the particular ftipulations of one or the other crown. with other powers, by which objects of a fimilar kind fhould be referved, prohibited, or permitted. 4. That in order to determine what characterises a blockaded port, that denomination is given only to that where there is, by the difpofition of the power which attacks it with ships ftationary, or fufficiently near, an evident danger in entering. 5. That the fhips of the neutral power fhall not be stopped but upon juft caufes 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 refpect due to thefe ftipulations, dictated by the fincere defire of conciliating all interefts, and to give a new proof of their loyalty and love of juftice, the high contracting parties enter here into the most formal engagement, to renew the severest prohibitions to their captains, whether of fhips of war or merchantmen, to take, keep, or conceal on board their ships, any of the objects which, in the terms of the prefent convention, may be reputed contraband, and refpectively to take care of the execution of the orders which they fhall have published in their admiralties, and wherever it fhall be neceffary. IV. The two high contracting parties, wishing to prevent all fubject of diffenfion in future, by limiting the right of fearch of merchant-fhips going under convoy, to the fole caufes in which VOL. XI. b the the belligerent power may experience a real prejudice, by the abuse of the neutral flag, have agreed, 1. That the right of fearching merchant-fhips belonging to the fubjects of one of the contracting powers, and navigating under convoy of a ship of war of the faid power, fhall only be exercifed by fhips of war of the belligerent party, and fhall never extend to the fitters-out of privateers, or other veffels, which do not belong to the Imperial or Royal fleet of their Majefties, but which their fubjects fhall have fitted out for war. 2. That the proprietors of all merchant-fhips belonging to the fubjects of one of the contracting fovereigns, which fhall be deftined to fail under convoy of a fhip of war, fhall be required, before they receive their failing orders, to produce to the commander of the convoy their paffports and certificates, or fea letters, in the form annexed to the prefent treaty. 3. That when fuch fhip of war, and every merchant-ship under convoy, fhall be met with by a fhip or fhips of war of the other contracting party, who fhall then be in a ftate of war, in order to avoid all diforder, they fhall keep out of cannon-fhot, unless the fituation of the fea, or the place of meeting, render a nearer ap-: proach neceffary; and the commander of the fhip of the bellige rent power fhall fend a floop on board the convoy, where they fhall proceed reciprocally to the verification of the papers and certificates that are to prove on one part, that the fhip of war is authorized to take under its efcort fuch or fuch merchant-ships of its nation, laden with fuch a cargo, and for fuch a port on the other part, that the fhip of war of the belligerent party belongs to the Imperial or Royal fleet of their Majefties. 4. This verification made, there fhall be no pretence for any fearch, if the papers are found in due form, and if there exifts no good motive for fufpicion. In the contrary cafe, the captain of the neutral fhip of war (being duly required thereto by the captain of the fhip of war, or fhips of war, of the belligerent power) is to bring to and detain his convoy during the time neceffary for the search of the fhips which compofe it, and he thall have the faculty of naming and delegating one or more officers to affift at the fearch of the faid fhips, which fhall be done in his prefence on board each merchant-fhip, conjointly with one or more officers felected by the captain of the fhip of the belligerent party. 5. If it happen that the captain of the fhip or fhips of war of the power at war, having examined the papers found on board, and having interrogated the mafter and crew of the ship, fhall fee just and fufficient reafon to detain the merchant-fhip, in order to proceed to an ulterior fearch, he fhall notify that intention to the captain of the convoy, who fhall have the power to order an officer to remain on board the fhip thus detained, and to affist at the the examination of the cause of her detention. The merchantship fhall be carried immediately to the nearest and most convenient port belonging to the belligerent power, and the ulterior search fhall be carried on with all poffible diligence. V. It is also agreed, that if any merchant-fhip thus convoyed should be detained without juft and fufficient caufe, 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 fhip and of the cargo a full and perfect compenfation for all the loffes, expenfes, damages, and cofts, occafioned by fuch a detention, but fhall 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 cafe may require. On the other hand, no ship of war with a convoy fhall be permitted, under any pretext whatsoever, to refift by force the detention of a merchant ship or ships by the ship or fhips of war of the belligerent power; an obligation which the commander of a ship of war with convoy is not bound to obferve towards privateers and their fitters out. VI. The high contracting powers fhall give precise and efficacious orders that the fentences upon prizes made at sea shall be conformable with the rules of the most exact juftice and equity; that they shall be given by judges above fufpicion, and who fhall not be interested in the matter. The Government of the refpective states shall take care that the faid fentences fhall be promptly and duly executed, according to the forms prescribed. In cafe of the unfounded detention, or other contravention of the regulations ftipulated by the present treaty, the owners of fuch a ship and cargo fhall be allowed damages proportioned to the lofs occafioned by fuch detention. The rules to obferve for thefe damages, and for the cafe of unfounded detention, as alfo the principles to follow for the purpose of accelerating the procefs, fhall be the matter of additional articles, which the contracting parties agree to settle between them, and which fhall have the fame force and validity as if they were inferted in the prefent act. For this effect, their Imperial and Britannic Majesties mutually engage to put their hand to the falutary work, which may ferve for the completion of thefe ftipulations, and to communicate to each other without delay the views which may be fuggefted to them by their equal folicitude to prevent the leaft grounds for difpute in future. VII. To obviate all the inconveniencies which may arife 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 confidered 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 paffports in due and perfect form; but every veffel which fhall not obferve this rule, and which fhall infringe the ordinances published on that head, shall lofe all rights to the protection of the contracting powers. VIII. The principles and measures adopted by the present act fhall be alike applicable to all the maritime wars in which one of the two powers may be engaged whilft the other remains neutral. Thefe ftipulations fhall in confequence be regarded as permanent, and fhall ferve for a conftant 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, fhall be immediately invited by his Imperial Majefty, in the name of the two contracting parties, to accede to the prefent convention, and at the same time to renew and confirm their refpective treaties of commerce with his Britannic Majefty; and his faid Majefty engages, by acts which fhall have eftablished that agreement, to render and reftore 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 Majefty fince the rupture, in the ftate in which thofe poffeffions were found, at the period at which the troops of his Britannic Majefty entered them. The orders of his faid Majefty for the reftitution of those prizes and conquefts fhall be immediately expedited after the exchange of the ratification of the acts by which Sweden and Denmark shall accede to the present treaty. X. The prefent convention fhall be ratified by the two contracting parties, and the ratifications exchanged at St. Petersburgh in the fpace of two months at furtheft, from the day of the fignaIn faith of which, the refpective plenipotentiaries have caused to be made two copies perfectly fimilar, figned with their hands, and have fealed with their arms. ture. Done at St. Petersburgh the 5th (17th June) 1801. (L. S.) N. Count DE PANEN. Formula of the Paffports and Sea Letters which ought to be delivered in the refpective Admiralties of the States of the two high contracting Parties, to the Ships of War and Merchant-veffels which fhall fail from them, conformable to Article IV. of the prefent Treaty. tons BE it known that we have given leave and permiffion to Nof the city or place of N, mafter or conductor of the fhip N-, belonging to N, of the port of N-, of. or thereabonts, now lying in the port or harbour of N-, to fail from thence to N, laden with N-, on account of N-, after the faid fhip fhall have been vifited before its departure in the ufual manner by the officers appointed for that pur 4 pofe; pofe; and the faid N-, or fuch other as fhall be vested with powers to replace him, fhall be obliged to produce, in every port or harbour which he fhall enter with the faid veffel, to the officers of the place, the present license, and to carry the flag of Nduring his voyage. In faith of which, &c. Copy of the ift Separate Article of the Convention with the Court of London, figned the 5th (17th) June 1801. THE pure and magnanimous intentions of his Majesty the Emperor of all the Ruffias, having already induced him to restore the veffels and goods of British fubjects, which had been fequeftered in Ruffia, his faid Majefty confirms that disposition in its whole extent; and his Britannic Majefty engages alfo to give immediate orders for taking off all fequeftration laid upon the Ruffian, Danish, and Swedish properties, detained in English ports, and to prove still more his fincere defire to terminate amicably the differences which have arifen between Great Britain and the Northern Courts; and in order that no new incident may throw obftacles in the way of this falutary work, his Britannic Majesty binds himself to give orders to the commanders of his forces by. land and fea, that the armiftice now fubfifting with the courts of Denmark and Sweden fhall be prolonged for a term of three months from the date of this day; and his Majefty the Emperor of all the Ruffias, guided by the fame motives, undertakes, in the name of his allies, to have this armistice maintained during the said term. This feparate article, &c. Copy of the 2d separate Article of the Convention with the Court of London, figned at St. Petersburgh the 5th (17th) of June 1801. THE differences and mifunderstandings which fubfifted between his Majefty the Emperor of all the Ruffias, and his Majesty the King of the United Kingdom of Great Britain and Ireland, being thus terminated, and the precautions taken by the prefent convention not giving further room to fear that they may be able to dif turb in future the harmony and good underftanding which the two high contracting parties have at heart to confolidate, their faid Majefties confirm anew, by the prefent convention, the treaty of commerce of the 10th (February 21, 1797), of which all the ftipulations are here repeated, to be maintained in their whole extent. This feparate article, &c. Convention |