nd unprohibited, and whether thereupon the court may issue passes; in the other hand, the exact, specific and complete bills of lading and testations regarding ship cargoes and the quantity of each article nav be procured and solemnized in the manner hitherto customary, nly in the place where the freight is taken on board, or in the same rovince, from the admiralties, boards and magistrates. ARTICLE 4 timulate national commerce, the royal Prussian subjects have en advised by the ordinance of April 30, as far as possible, to carry their navigation and maritime commerce for their own account a with their own merchandise, and in the ordinance of November 3 tated that to obtain the court passes, the required attestations be provided, and that the ship out-fitters and the owners of eps and cargoes should be royal Prussian subjects. Since, howhe former was mere advice, and the latter was required for the rose of greater caution, royal Prussian subjects, who are provided mer proper maritime passes, are always free and unhindered, e of the declaration referred to as of April 30, to carry mer11 and goods of foreign and even of the belligerent nations ording to the rights and usages of the peoples and of the .....rticle of the declaration of April 30, are permitted and un to regions and places not besieged or closely blockaded, quence, according to the principles accepted and published Tavai Majesty and his high authorities, royal Prussian sub..in such cases fail of His Majesty's protection and assisti which, in order to remove all misinterpretation of the November 3, is hereby declared. ARTICLE 5 The manders and officials of Prussian ships when landing in tam ninces where royal consuls reside, shall submit their maripasses to the latter and have it certified by them that the ships still possessed of such passes as were issued to them. ARTICLE 6 11. said commanders will do well to have with them on board deral declarations and ordinances of April 30 and November 3 together with the present explanatory ordinance and their passes, on the one hand, to be guided thereby, and on the other, if necessary and serviceable, to present their orders and thus be able to prove their identity. This ordinance and declaration, as well as the declarations of April 30 and November 3 which are renewed and at the same time interpreted by this present one serves especially as guidance for the royal Prussian subjects who engage in navigation and maritime commerce. If under this declaration and ordinance they should nevertheless commit some error and not be provided with the required passes, the commanders of the armed ships of the belligerent nations shall not be entitled either to stop or capture them on that account, provided they have not acted contrary to the laws of neutrality and of nations accepted by His Majesy, but shall be answerable for such conduct to His Royal Majesty alone. Given at Berlin, December 8, 1781. By special command of His Royal Majesty. E. F. v. HERZBERG Convention between Russia and Portugal for the Maintenance of the Freedom of Neutral Navigation and Commerce, July 13, 17821 Her Imperial Majesty of all the Russias having invited Her Majesty the Queen of Portugal to cooperate with her in the consolidation of the principles of neutrality on the sea and in the maintenance of freedom of the maritime commerce and the navigation of neutral Powers, in conformity with her declaration of February 28, 1780, transmitted in her name to the belligerent Powers; the Queen, because of the sincere friendship uniting Her Imperial Majesty to Her Most Faithful Majesty, as well as for the interest of Europe in general and of her countries and subjects in particular, wishes to contribute her share to the execution of the principles and measures, which are as salutary as they are in accord with the clearest conceptions of the law of nations. And therefore she has determined to appoint, in concert with Her Majesty the Queen of Portugal, plenipotentiaries, and to 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 263. instruct them to conclude a convention, the spirit and content of which shall, in all respects, be in accord with these same intentions. To this end Their said Majesties have chosen, appointed, and authorized, Her Imperial Majesty of all the Russias, John Count d'Ostermann, her Vice Chancellor, Privy Councilor, Senator, and Chevalier of the Orders of St. Alexander Nevsky and of St. Anne; Alexander Bezborodko, Major General of her Armies, Member of the Department of Foreign Affairs, 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: and Her Majesty the Queen of Portugal, Francis Joseph d'Horta-Machado of her Council, and her Minister Plenipotentiary at the Imperial Court of Russia; who after having exchanged their full powers, found to be in good and due form, have agreed on the following articles: ARTICLE 1 Her Majesty the Empress of all the Russias and Her Most Faithful Majesty, convinced of the solidity and the indisputable self-evidence of the principles set forth in the aforesaid declaration of February 28, 1780, which may be reduced in substance to the five following points: (1) That neutral vessels may navigate freely from port to port and along the coasts of the nations at war. (2) That effects and merchandise belonging to the subjects of the Powers at war shall be free on board neutral vessels, with the exception of contraband merchandise. (3) That nothing shall be considered as such except the goods enumerated in Articles 10 and 11 of the treaty of commerce concluded between Russia and Great Britain on June 20, 1776. (4) That to determine what constitutes a blockaded port, none shall be considered as such except a port where the attacking Power shall have disposed a proportionate number of vessels near enough to make access thereto dangerous. (5) Finally, that these principles may serve as the rule in proceedings and judgments as to the legality of prizes. Their Majesties declare that, not only do they fully adhere to the same principles, but that on all occasions they will cooperate effectually to maintain them in all their force and effect, and that they will see to their strict enforcement. ARTICLE 2 The present convention shall not, in any respect, impair the force of treaties now existing between the Court of Russia or of Portugal and any other Court of Europe whatsoever. But those treaties and the stipulations therein contained shall continue to have the same binding force on both parties as in the past, and this convention can never invalidate them, still less infringe upon them. ARTICLE 3 The high contracting Powers shall continue to observe the strictest neutrality and shall see to the most scrupulous enforcement of the prohibitions against commerce in contraband on the part of their respective subjects with any one of the Powers now at war or which may hereafter enter into the war, including specifically under the head of contraband those goods which in the aforesaid Articles 10 and 11 of the treaty of commerce, concluded between Russia and Great Britain on June 20, 1766, are considered as such. ARTICLE 4 If, in spite of the care exercised to this end, Russian or Portuguese merchant ships should be taken or insulted by any vessels of the belligerent Powers, the complaints and representations of the injured Power shall be supported in the most effectual manner by the other. And if, contrary to all expectation, justice should be refused on these complaints, they shall continue to take counsel with each other as to the method that is best calculated to secure indemnification through just reprisals. ARTICLE 5 If either of the two Powers or both of them should, as a result of or in contempt of the present convention, be disturbed or molested, then they shall make common cause for their mutual defense, and shall work in concert in order to secure full and complete satisfaction, both for the insult to their flag and for the losses caused to their subjects. ARTICLE 6 The present stipulations shall be considered by both Parties as permanent and as constituting the rule whenever there is occasion. to pass upon the rights of neutrality. ARTICLE 7 The Powers shall communicate in a friendly way their present mutual agreement to all the Powers that are now at war. ARTICLE 8 The present convention shall be ratified by the two contracting parties, and ratifications thereof shall be exchanged within four months from the day on which it is signed, 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, July 13, 1782. Austrian Netherlands Ordinance concerning Maritime Regulations, December 12, 17821 Joseph, etc., etc. The protection that we have constantly given to the commerce and navigation of our subjects in the Netherlands requiring that we have accurate knowledge of all the vessels that belong to our said subjects and that sail under the flag of this country, and that no abuse of this flag be tolerated nor of ship's registers pertaining thereto, we have, at the instance of our very dear and well-beloved sister, Maria Christina, Princess Royal of Hungary and Bohemia, Archduchess of Austria, etc., etc., and of our very dear and well 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 297. |