concert in order to secure entire and full satisfaction, both for the insult to their flag and for the losses caused to their subjects. ARTICLE 7 The present act shall have no retroactive effect, and therefore no action shall be taken with respect to differences that have arisen before its conclusion, unless it is a question of continuous acts of violence, tending to establish an oppressive system for all the neutral countries of Europe in general. ARTICLE 8 All the stipulations set forth in the present act must be regarded as permanent and as constituting the law in the matter of commerce and of navigation, and whenever there is occasion to determine the rights of neutral nations. ARTICLE 9 The principle aim and object of this act being to ensure general freedom of commerce and of navigation, His Prussian Majesty and Her Imperial Majesty of all the Russias agree and engage in advance to allow other neutral Powers to accede hereto, which by adopting the principles herein contained shall share its obligations as well as its advantages. ARTICLE 10 In order that the Powers at war may not allege their ignorance of the engagements undertaken by Their said Majesties, they shall communicate in a friendly way to the said Powers these engagements, which are in nowise hostile to them nor to the detriment of any one of them, but aim solely to ensure security of commerce and of navigation to their respective subjects. ARTICLE 11 The present act shall be ratified by the two contracting Parties, and the ratifications thereof shall be exchanged within six weeks from the day of the signing thereof, or sooner if possible. In faith whereof we, the plenipotentiaries, by virtue of our full powers have signed and have hereto affixed the seals of our arms. Done at St. Petersburg, May 8, 1781.1 [L.S.] E. COUNT VON GOERTZ [L.S.] C. JOHN D'OSTERMANN [L.S.] PIERRE BACOUNIN SEPARATE ARTICLES ARTICLE 1 As His Majesty the King of Prussia and Her Majesty the Empress of all the Russias are equally interested in preserving the security and tranquillity of the Baltic Sea, and in protecting it from the disturbances of war and privateering, a system the more just and natural because the Powers whose States border thereon enjoy the most profound peace. They have mutually agreed to maintain that it is a closed sea, incontestably such by its geographical situation, in which all nations must and may navigate in peace and enjoy all the advantages of perfect tranquillity, and to this end to adopt among themselves measures capable of guaranteeing this sea and its coasts against all hostilities, piracies, and acts of violence. ARTICLE 2 Since stress of weather or some other circumstance may force Russian vessels to take refuge in a Prussian port, either to pass the winter, to make repairs, or to escape the storm, His Majesty the King of Prussia engages to see to it that they are received and treated as vessels of a friendly and closely allied Power, and that are furnished, at a just and reasonable price, with the necessary materials for repairs, with the provisions needed by the crew for its sustenance; in a word, to see that all necessary arrangements are made in order that these vessels and their crews may be treated and cared for in the most friendly manner. ARTICLE 3 At the more or less remote time when peace shall be restored between the belligerent Powers, His Majesty the King of Prussia and Her 1 May 19, 1781, new style. Majesty the Empress of all the Russias shall use their best efforts with the maritime powers in general to bring about the universal acceptance and recognition in all naval wars, which may arise hereafter, of the system of neutrality and the principles established in the present act, forming the basis of a universal maritime code. ARTICLE 4 As soon as this act shall have been ratified and the exchange of ratifications shall have taken place, the high contracting Powers shall take care to communicate it, with the exception of the separate articles, in good faith, conjointly and with one accord, through their Ministers accredited to foreign Courts, and specifically those Courts which are now at war. These separate articles shall be considered and regarded as forming a part of the act itself and shall have the same force and effect as though they had been inserted word for word in the said act, concluded the same day between the two high contracting Parties. They shall be ratified in the same way and ratifications thereof shall be exchanged at the same time. In faith whereof we, the plenipotentiaries, by virtue of our ful powers, have signed them and have affixed thereto the seals of our arms. Done at St. Petersburg, May 8, 1781. Treaty between His Majesty the Emperor of the Romans and Her Majesty the Empress of Russia relative to Armed Neutrality, July 10, 17811 As the result of the war which has just broken out between Great Britain on the one hand, and France and Spain on the other hand, the 1Translation. Italian text at Martens, Recueil de Traités, vol. 3, p. 252. commerce and navigation of neutral Powers have suffered and are suffering considerable injury; in consequence, His Majesty the Emperor of the Romans and Her Majesty the Empress of Russia, by reason of their assiduous efforts to procure with dignity and diligence the security and prosperity of their subjects and with due regard for the rights of nations in general, have deemed it necessary in the present condition of affairs to regulate their conduct in accordance with the said principles, the Empress of Russia by means of her declaration of February 28, 1780, addressed to all the belligerent Powers, exhibited to the eyes of all Europe the fundamental rules inferred from the primitive right of all the peoples which Her Majesty claims and adopts as bases of her conduct during the present war. This effort of Her Majesty directed to watch over the upholding of rights common to all nations having obtained the approval of all the neutral Powers, because it deals with the defense of their most essential interests, the point has been reached to define and establish for all present and future time a permanent and invariable system, in harmony with the prerogatives, conditions and obligations of a strict neutrality; and His Majesty the King of Denmark and Norway, His Majesty the King of Sweden, the Republic of Holland and other most respectable Powers having approved this system, there has come into being the accord and unanimity by which the above-mentioned Emperor of the Romans and the Empress of Russia have resolved further to strengthen and secure their firm and constant friendship and their mutual confidence, in conformity with the interests of their realms and States, by means of a formal convention. To that end, Their Imperial Majesties have stipulated and concluded the following articles: ARTICLE 1 The above-mentioned Imperial Majesties are sincerely determined for ever to maintain the most steadfast and sincere friendship as most useful to the House of Austria nor less so to the Empire of Russia; to maintain reciprocal concord and union; to maintain friendly relations with the Powers actually at war and to observe the strictest neutrality, declaring at this time their readiness firmly to bring it about that the prohibition of the trade in articles of contraband with the States now engaged in hostilities and with those which may subsequently be involved therein, shall be strictly observed by their respective subjects. In order to remove any misunderstanding or equivocation with regard to the term contraband, His Majesty the Emperor and Her Majesty the Empress of Russia declare that they will only recognize as articles of contraband those which are included as such in treaties existing between the above-mentioned Courts. Her Majesty the Empress of Russia as a maritime Power conforms entirely in this to its treaty of commerce with Great Britain, and furthermore, extends the obligations of the same which are wholly based upon the natural law, to the Crowns of France and Spain which at the date of the present convention have no treaty of commerce with her empire. His Majesty the Emperor will act in like manner toward France and England by reason of the absence of any agreement determining any conditions upon this matter. ARTICLE 3 Having in this manner determined and defined what is to be understood as contraband in conformity to the treaties and conventions between the high contracting Parties and the belligerent Powers, and especially in the treaty stipulated between Russia and Great Britain of June 20, 1766,1 it is the intention of His Majesty the Emperor and of the Empress of Russia that all other articles of commerce be and remain free to their respective subjects. In their declarations addressed to the belligerent Powers, Their Majesties have already based themselves upon the general principles of the natural law from which derive the freedom of commerce and of navigation as legitimate rights of neutral nations, and they have likewise resolved that all the other Courts which have approved the proposed armed neutrality, shall no more depend on arbitrary interpretation, prompted by partial and momentary interests. To that end, they have agreed upon the following: (1) That any vessel flying the Russian flag, or the Imperial and Tuscan flag, be permitted to navigate from one port to another, and along the coasts of the belligerent Powers. (2) That the goods belonging to the subjects of the above-mentioned belligerent Powers shall be free upon neutral vessels, that they may not be confiscated, nor be seized by force, excepting articles of contraband. 1Not printed. |