and sufficient reason to detain the merchant ship in order to proceed to an ulterior search, he shall notify such intention to the commander 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 in like manner 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 detention, but shall moreover undergo 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, the convoying ship shall not be permitted, under any pretext whatsoever, to resist by force the detention of the merchant ship or ships, by the ship or ships of war of the belligerent power; an obligation to which the commander of a ship of war with convoy is not bound to observe towards letters of marque and privateers.

ART: VI. The high contracting parties shall give precise and efficacious orders, that the judgments 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 suspicion, and who shall not be interested in the affair in question. The government of the respective states shall take care that the said decisions shall be speedily and duly executed, according to the forms prescribed. And in case of an un

founded

founded detention, or other contravention to the regulations stipulated by the present article, the owners of such ship and cargo shall be allowed damages proportioned to the loss occasioned thereby. 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 Britannick and Imperial 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.

ART: VII. To obviate all the inconveniences 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, in order 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.

ART: 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 com. merce and navigation.

ART: IX.

ART: 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 Britannick 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 dominion, which have been conquered by the arms of his Britannick majesty since the rupture, in the state in which those possessions were found at the period at which the troops of his Britannick 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.

FORMULA of the Passports and Sea Letters which are to be delivered, in the respective Admiralties of the States of the Two High Contracting Parties, to the Ships and Vessels, which shall sail from them, conformable to Article IV. of the present Treaty.

of

BE it known that we have given leave and permission to Nthe city or place of N- master and 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 N, to 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

officers appointed for that purpose; and the said N—, or such 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 N, during his voyage.

In faith of which, &c.

SECOND SEPARATE ARTICLE.

THE differences and misunderstanding which subsisted between his majesty the king of the united kingdom of Great Britain and Ireland, and his majesty the emperor of all the Russias, being thus terminated, and the precautions taken by the present convention not giving further room to fear that they can in future disturb 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 February (21) 1797, of which all the stipulations are here cited, to be maintained in their whole extent,

Additional Articles, signed at Moscow October 1801, to the Convention between His Majesty, and the Emperor of Russia, concluded at St. Petersburgh 5 June 1801.

IN

17

ARTICLE I.

N case of unfounded detention or other contravention of the established regulations, the owners of the vessel and cargo so detained shall be allowed compensation for each day's demurrage, proportionate to the loss they shall have sustained, according to the freight of the said ship, and the nature of its cargo.

ART: II. If the ministers of one of the high contracting parties, or any other persons accredited by the same to the belligerent power, should remonstrate against the sentence which shall have been passed by the respective courts of admiralty upon the said captures, appeal shall be made in Russia, to the directing senate, and in Great Britain, to his majesty's privy council.

ART: III. Care shall be taken, on both sides, scrupulously to examine whether the regulations and precautions agreed upon in the prefent convention have been observed, which shall be done with all possible dispatch. The two high contracting parties moreover mutually engage to adopt the most efficacious measures, in order to prevent the sentences of their several tribunals respecting captures made at sea being subject to any unnecessary delay.

ART: IV.