Gambar halaman

Lazarus; who, after having communicated article shall not be prejudicial to the particular their respective full powers, and found them stipulations of one or the other crown with iu good and due form, have agreed upon the other powers, by which objects of a similar following points and articles :

kind should be reserved, prohibited or perArt. 1. There shall be hereafter between initted. his Britannic majesty and his Imperial ma- 4. That, in order to determine what chajesty of all the Russias, their subjects, the racterizes a blockaded port, that denominastales and countries under their dominion, tion is given only to a port where there is, by good and unalterable friendship and under- the dispositions of the power which attacks it standing; and all the political, commercial, with ships stationary, or sufficiently near, an and other relations of common utility between evident danger in entering. the respective subjects shall subsist, as for- 5. That the ships of the ncutral power shall merly, without their being disturbed or not be stopped but upon just causes and evitroubled in any manner whatever.

dent facts: that they be tried without delay; Art. 2. His Britannic majesty and the and that the proceeding be always uniformi, emperor of all the Russias declare, that they prompt, and legal. will watch over the most rigorous execution In order the better to insure the respect due of the prohibitions against the trade of to these stipulations, dictated by the sincere contraband of their subjects with the desire of conciliating every interest, and to. enemies of either of the high contracting give a new proof of their uprightness and love parties.

of justice, the high contracting parties enter Art. 3. His Britannic majesty and his Im- here into the most formal engagement to perial majesty of all the Russias having re- renew the severest prohibitions to their capsolved to place, under a sufficient safeguard, tains, whether of ships of war, or merchantthe freedom of commerce, and navigation of men, to take, keep, or conceal, on board their their subjects, in case one of them shall be at ships, any of the objects which, in the terms war, whilst the other shall be neuter, have of the present convention may be reputed agreed :

contraband, and respectively to take care of 1. That the ships of the neutral power may the execution of the orders which they shal! navigate frecly to the ports, and upon the have published in their admiralties, and whercoasts of the nations at war.

ever it shall be necessary. 2. That the effects embarked on board Art. 4. The two high contracting parties, neutral ships shall be free, with the exception wishing also to prevent all subject of dissenof contraband of war, and of enemy's pro- sion in future, by limiting the right of perly; and it is agreed not to comprise, in search of merchant ships going under convoy the number of the latter, the merchandize of to those cases only in which the belle the produce, growth, or manufacture of the gerent power might experience a real preju. couniries at war, which should have been ac- dice by the abuse of the neutral fag, have quired by the subjects of the neutral puwer, agreed, and should be transported for their account, That the right of searching merwhich merchandize cannot be accepted in any chant ships belonging to the subjects of case from the freedom granted to the flag of one of the coutracting parties, and navigating

under convey of a ship of war of the said 3. That in order to avoid all equivocation power, shall only be exercised by ships of war and misunderstanding of what ought to be of the belligerent party, and shall never exconsidered as contraband of war, his Britannic tend to letters of marque, privateers, or other majesty, and bis Imperial majesty of all the vessels, which do not belong to the royal or Russias declare, conformably to the 11th imperial feets of their majesties, but which article of the treaty of commerce concluded their subjects shall have fitted out for war. tween the two crowns, on the 10-21 February 2. That the proprietors of all merchant 1797, That they acknowledge as such the fol- ships belonging to the subjects of one of the lowing objects only; viz.cannons, mortars, fire contracting sovereigns, which shall be destined arms, pistols, bombs, grenades, balls, bullets, to sail under convoy of a ship of war, shall be firelocks, Aints, matches, gunpowder, salt- required, before they receive their sailing petre, sulphur, cuirasses, pikes, swords, sword orders, to produce to the commander of the belts, knapsacks, saddles, and bridles, except convoy their passports and certificates, or ng, however, the quantity of the said sea leiters, in the forın annexed to the present articles which may be necessary for the treaty. defence of the ship, and of those who compose

3. That when such ship of war, having the crew; and all other articles whatever, not under convoy merchant ships, shall be met enumerated here, shall not be reputed warlike with by a ship or ships of war, of the other and naval stores, nor be subject to confisca- contracting party, who shall then be in a state tion, and of course shall pass freely, without of war, in order to avoid all disorder, they being subjected to the smallest difficulty, un- shall keep out of cannon shot, unless the state less they be considered enemy's property in of the sea, or the place of meeting, render a the sense above specified. It is also agreed nearer approach necessary; and the comthat that which is stipulated in the present mander of the ship of the belligerent power


the said power.

shall send a boat on board the convoy, where justice and equity; that they shall be given they shall proceed reciprocally to the verifica by judges above suspicion, and who shall not tion of the papers and certificates that are to be interested in the affair in question. The prove on one part, that the ship of war is government of the respective states shr.ll take authorized to take under its escort such or care that the said decisions shall be speedily such merchant ships of its nation, laden with and duly executed, according to the forms presuch a cargo, and for such a port; on the scribed, and, in case of an unfounded detenother part, that the ship of war of the tion, or other contravention to the regulations belligerent party belongs to the royal or im- stipulated by the present article, the owners of perial feet of their majesties.

such ship and cargo shall be allowed damages 4. This verification made, there shall be no proportioned to the loss occasioned thereby pretence for any search, if the papers are found The rules to observe for these damages, and in form, and if there exists no good motive for for the case of unfounded detention, as also the suspicion. In the contrary case, the com- principles to follow for the purpose of accemander of the neutral ship of war (being duly | lerating the process shall be the matter of addi. sequired thereto by the commander of the tional articles, which the contracting parties ship or ships of war of the belligerent power) is agree to settle between them, and which shall to bring to, and detain his convoy during the have the same force and validity as if they time necessary for the search of the ships were inserted in the present act. For this which compose it, and he shall have the ta- effect, their Britannic and Imperial majesties culty of and delegating one or more inutually engage to put their hand to the saofficers to assist at the search of the said ships, Jutary work which may serve for the complewhich shall be done in his presence on board tion of these stipulations, and to communicate each merchant ship, conjointly with one or to each other without delay, the views which more officers appoiuted by the commander of may be suggested to them by their equal solithe ship of the belligerent party.

citude to prevent the least grounds for dispute 5. If it happens that the commander of the in future. ship or ships of the power at war, having exa- Art. 7. To obviate all the inconveniences mined the papers found on board, and having which may arise from the bad faith of those interrogated 'the master and crew of the who avail themselves of the flag of a nation ship, shall see just and sufficient reason to de. without belonging to it, it is agreed to establish, tain the merchant ship, in order to proceed to for an invariable rule, that any vessel whats an ulterior search, he shall notify such inten- ever, in order to be considered as the protion to the commander of the convoy, who perty of the country the flag of which it carshall have the power to order an officer to re-ries, must have on board the captain of the main on board the ship thus detained, and to ship, and one half of the crew, of the assist at the examination of the cause of her people of that country, and the papers detention. The merchant ships shall be car- and passports in due and perfect form ; but ried immediately to the nearest and most con- every vessel which shall not observe this venient port belonging to the belligerent rule, and which shall infringe the ordinances power, and the ulterior search shall be carried published on that head, shall lose all en with all possible diligence.

rights to the protection of the contracting Art. 5. It is in like manner agreed, that if powers. any merchant ship, thus convoyed, should be Art. 8. The principles and measures adoptdetained without just and sufficient cause, the ed by the present act shall be alike applicable commander of the ship or ships of war of the to all the maritime wars in which one of the belligerent power shall not only be bound to two powers may be engaged, whilst the other make to the owners of the ship and of the remains neutral. These stipulations shall in cargo a full and perfect compensation for all consequence be regarded as permanent, and the losses, expenses, damages, and costs, oc- shall serve for a constant rule to the contractcasioned by such a detention, but shall more- ing powers in matters of commerce and naover undergo an ulterior punishment for 'vigation. every act of violence or other fault which he Art. 9. His majesty the king of Denmark may have committed, according as the nature and his majesty the king of Sweden, shall be of the case may require. On the other hand, immediately invited by his Imperial majesty, the convoying ship shall not be permitted, in the name of the two contracting parties, lo under any pretext' whatsoever, to resist by accede to the present convention, and at the force the detention of the merchant ship or same time to renew and confirm their respecships of war of the belligerent power; an tive treaties of commerce with his Britannic obligation to which the commander of a majesty; and his said majesty engages, by ship of war with convoy is not bound to ob- acts which shall have established that agreeserve towards letters of marque and pri- ment, to render and restore to each of these vateers.

powers all the prizes that have been taken Art. 6. The high contracting parties shall from them, as well as the territories and give precise and efficacious orders, that the countries under their dominion, which have judgments upon prizes made at sea shall be been conquered by the arms of his Britannic conformable with the rules of the most exact majesty since the rupture, in the state in

[ocr errors][ocr errors][merged small]

which those possessions were found at the stacles in the way of this salutary work, bis period at which the troops of his Britannic Britannic majesly binds himself to give orders majesty entered them. The orders of his said to the conımanders of his forces by land and majesty, for the restitution of those prizes and sea, that the armistice, now subsisting with conquests, shall be immediately expedited the courts of Denmark and Sweden, shall be after the exchange of the ratifications of the prolonged for a term of three months, from acts by which Sweden and Denmark shall ac- the date of this day; and his majesty the cede to the present treaty.

emperor of all the Russias, guided by the Art. 10. The present convention shall be same molives, undertakes, in the name of his ratified by the two contracting parties, and the allies, to have this armistice maintained ratifications exchanged at St. Petersburgh in during the said term. the space of two months at farthest, from the This separate article shall have the same day of the signature.

force and validity, as if it were inserted word In faith of which the respective plenipoten- for word in the treaty signed this day; and tiaries have caused to be made two copies the ratifications thereof shall be exchanged at thereof, perfectly similar, signed with their the same time. hands;

and have caused the seal of their arms In faith of which, the respective plenipoto be affixed thereto.---Done at Saint Peters- tentiaries have caused to be made two copies burgh, the 5-17 June 1801.

thereof, perfectly similar, signed with their (L. S.) ST. HELENS. hands; and have caused the seal of their (L. S.) N. C. de Panin. arms to be affixed thereto.-Done at Saint

Petersburgh, the 5-17 June 1801. FORMULA of the PASSPORTS and Sea LET

(L. S.) ST. HELEN3. TERS which are to be delivered in the re

(L. S.) N. C. DE Panir. spective admiralties of the states of the TRANSLATION of Second Separate Article of Two High Contracting Parties, to the ships and vessels which shall sail from them,

the Convention between his Majesty conformable to Article 4, of the present

and the Emperor of Russia. treaty.

The differences and misunderstandings Be it known, that we have given leave and of the United Kingdom of Great Britain and

which subsisted between his majesty the king permission to N-, of the city or place of N. master and conductor of the ship Ireland, and his majesty the emperor of all Nr belonging to N, of the port precautions taken by the present convention

the Russias, being thus terminated, and the of N

of N tons or thereabouts, now lying in the port or harbour of N in future

disturb the harmony and good un

not giving further room to fear that they can to sail from thence to N. N-, on account

of N», after the said derstanding which the two high contracting ship shall have been visited before its depar- parties have at heart to consolidate, their said ture, in the usual manner by the officers apo vention, the treaty of commerce of the 10-21

by the present conpointed for that purpose; and the said N. or such other as shall be vested with powers

.: February 1797, of which all the stipulations to replace him, shall be obliged to produce in are here cited, 10. be maintaiped in their or harbour which he shall enter have the same force and validity as if it were

whole extent. This separate article shall with the said vessel, to the officers of the inserted word for word in the treaty signed place, the present license, and to carry the

this day; and the ratifications thereof shall Hag of N- during his voyage.---In faith of which, &c.

be exchanged at the same time.

In faith of which the respective plenipoTranslation of First Separate Article of the tentiaries have caused to be made two copies Convention between his Majesty and

thereof, perfectly similar, signed with their

hands; and have caused the seal of their the Emperor of Russia.

arms to be affixed, thereto.- Done at Saint The pure and magnanimous intentions of Petersburgh, the 5-17 June 1801. his majesty the emperor of all the Russias

(L. S.) Sr. HELEN's, having already induced him to restore the

(L. S.). N. C. DE PANIN, vessels and goods of British subjects, which TRANSLATION of the Declaration of the had been sequestered in Russia, his said

Minister Plenipotentiary of the Emperor majesty confirms that disposition in its whole

of Russia. extent; and his Britannic majesty engages himself also to give immediate orders for Although the magnanimous intention of taking off all sequestration laid upon the his imperial majesty of all the Russias to do Russian, Danish, and Swedish properties, full and entire justice to those British subjecta detained in English ports; and to prove still who have suffered losses during the troubles more his sincere desire to termiņate amicably which have disturbed the good intelligeace the differences which have arisen between between his empire and Great Britain, be Great Britain and the northern courts, and already proved by facts, his imperial majesty. in order that no new incident may throw ob consulting solely his good faiib, has more

[ocr errors]

over authorized the undersigned plenipoten-conquests which may have been made by tiary to declare, as he does declare, by these either of the contracting parties from the presents:

other, or from their respective allies, subse“ That all the ships, the merchandize, and quently to the ratification of the present prethe property of British subjects, which had liminaries, shall be considered as of no effect, been sequestrated during the last reign in and shall be faithfully comprehended in the Russia, shall not only be faithfully restored restiiutions to be made after the ratification to the said British subjects, or to their agents, of the definitive treaty. but also that for the erfects which may have Art. 2. His Britannic majesty shall restore been alienated in such a manner as to render to the French republic and her allies ; it impossible for them to be restored in kind, namely, to his Catholic majesty, and to the a suitable equivalent shall be granted to the Batavian republic, all the possessions and proprietors, whicla equivalent shall be here- colonies occupied or conquered by the English after determined according to the rules of forces in the course of the present war, with equity."

the exception of the island of Trinidad, and In faith of which we, plenipotentiary of the Dutch possessions in the island of Ceyhis Imperial majesty of all the Russias, have lon; of which island and possessions his sigaed the present declaration; and have Britannic majesty reserves to himself the full caused the seal of our arms to be affixed and entire sovereignty. thereto.-Done at Saint Petersburgh, the Art. 3. The port of the Cape of Good $-17th June 1801.

Hope shall be open to the commerce and (L. S.) N. C. DE PANIN. navigation of the two contracting parties,

who shall enjoy therein the same advaná Copy of the Preliminary Articles of tages. Peace with France.] Lord Hawkesbury

Art. 4. The island of Malta, with its de also presented the following

pendencies, shall Le evacuated by the troops Copy of PRELIMINARY ARTICLES of Peace order of St. John of Jerusalem. For the

of his Britannic majesty, and restored to the between ais Majesty and the FRENCH purpose of rendering this island completely REPUBLIC; signed at London the 1st of independent of either of the two contracting October 1801.

parties, it shall be placed under the guarantee His majesty the king of the United King and protection of a third power, to be agreed dom of Great Britain and Ireland, and the upon in the definitive treaty. first consul of the French republic, in the Art. 5. Egypt shall be restored to the Subia name of the Freuch people, being animated lime Porte, whose territories and possessions with an equal desire of putting an end to the shall be preserved entire, such as they existed calamities of a destruetive war, and of re- previously to the present war. establishing union and good understanding Art. 6. The territories and possessions of between the two countries, have named for her most faithful majesty shall likewise be this purpose; namely, his Britannic majesty, preserved entire. the right honourable Robert Banks Jenkin- Art. 7. The French forces shall evacuate son, commonly called lord Hawkesbury, one the kingdom of Naples and the Roman terriof his Britannic majesty's most honourable tory. The English forces shall in like manuer privy council, and his principal secretary of evacuate Porto Ferrajo ; and, generally, all state for foreign affairs; and the first consul the ports and islands which they may occupy of the French republic, in the name of the in the Mediterranean or in the Adriatic. French people, citizen Lewis William Otto, Art. 8. The republic of the Seven commissary for the exchange of French pri- Islands shall be acknowledged by the French soners in England; who, after having duly republic. communicated to each other their full powers, Art. 9. The evacuations, cessions, and in good form, have agreed on the following restitutions, stipulated for by the present prepreliminary articles:

liminary articles, shall take place in Europe Art. 1. As soon as the preliminaries shall within one month; in the continent and be signed and ratified, sincere friendship shall seas of America and of Africa, within three be re-established between his Britannic ma- months; and in the continent and seas of jesty and the French republie, by sea and by Asia, within six months after the ratification land, in all parts of the world; and in order of the definitive treaty. that all hostilities may cease immediately Art. 10. The prisoners made respectively between the two powers, and between them shall, immediately after the exchange of the and their allies respectively, the necessary ratifications of the definitive treaty, all be instructions shall be sent, with the utmost restored, and without ransom, on paying res dispatch, to the commanders of the sea and ciprocally the debts which they may have land forces of the respective states; and each individually contracted. Discussions having of the contracting parties engages lo grant arisen respecting the payment for the mainpassports, and every facility requisite to acce- tenance of prisoners of war, the contracting lerate the arrival and ensure the execution of powers reserve this question to be settled by ibese orders. It is farther agreed, that all the definitive treaty, according to the law of

[ocr errors]

nations, and in corformity to established fication of the definitive treaty of peace, for usage.

the purpose of disposing of their properties Art. 11. In order to prevent all causes of acquired and possessed either before or dur. complaint and dispute which may arise on ing the present war; in the which term of account of prizes which may be made at sea three years they may have the free exercise after the signature of the preliminary arti- of their religion, and enjoyment of their cles, it is reciprocally agreed that the vessels property. and effects which may be taken in the British The same privilege shall be granted in the channel and in the North seas, after the space countries restored, to all those who shall have of twelve days, to be computed from the made therein any establishments whatsoever, exchange of the ratifications of the present during the time when those countries were in preliminary articles, shall be restored on each the possession of Great Britain. side; that the term shall be une month, With respect to the other inhabitants of from the British channel and the North seas, the countries restored, or ceded, it is agreed, as far as the Canary islands inclusively, whe- | that none of them shall be prosecuted, disther in the Ocean or in the Mediterranean; turbed, or molested, in their persons or protwo months, from the said Canary islands as perties, under any pretext, on account of far as the equator; and lastly, five months in their conduct or political opinions, or of their all other parts of the world, without any ex- attachment to either of the two powers, nor ception, or any more particular description on any other account except that of debts of time or place.

contracted to individuals, or on account of Art. 12. All sequestrations imposed by acts posterior to the definitive treaty. either of the parties on the funded property, Art. 15. The present preliminary articles revenues, or debts, of any description, be shall be ratified, and the ratifications exlonging to either of the contracting powers, changed in London, in the space of fifteen or to their subjects, or citizens, shall be taken days, for all delay; and immediately after off immediately after the signature of the their ratification, plenipotentiaries shall be definitive treaty. The decision of all claims named, on each side, who shall repair to brought forward by individuals of the one Amiens for the purpose of concluding a deficountry against individuals of the other, for nitive treaty of peace, in concert with the private rights, debts, property, or effects what. allies of the contracting parties. soever, which, according to received usages In witness whereof, we, the undersigned and the law of nations, ought to revive at the plenipotentiaries of his Britannic majesty, period of peace, shall be heard and decided and of the first consul of the French republic, before the competent tribunals; and in all by virtue of our respective full powers, have cases, prompt and ample justice shall be ad- signed the present preliminary articles, and ministered in the countries where the claims have caused our seals to be put thereto.are made. It is agreed, moreover, that this Done at London the 1st day of October, 1801, article, immediately after the ratification of the ninth Vendemiaire, year ten of the French the definitive treaty, shall apply to the allies republic. of the contracting parties, and to the individuals of the respective nations, upon the con.

(L. S.) HAWKESBURY. (L. S.) Otro. dition of a just reciprocity.

Vote of Thanks to Sir James Saumarez, Art. 13. With respect to the fisheries on the coasts of the island of Newfoundland, &c. &c.] Oct. 30. The following Resoluand of the islands adjacent, and in the gulph tions were moved, in the Lords, by earl of Saint Lawrence, the two parties have St. Vincent, supported by lord Nela agreed to restore them to the same footing on son, and agreed to nem. diss. 1. “ That which they were before the present war; re- the Thanks of this House be given to rear serving to themselves the power of making admiral sir James Saumarez, baronet, in the definitive treaty, such arrangements as knight of the most honourable order of shall appear just and reciprocally useful, in the Bath, for his alacrity and zeal in purorder to place the fishing of the two nations on the most proper footing for the mainte- suing, and his able and gallant conduct in Dance of peace.

the successful attack on the combined Art. 14. In all the cases of restitution squadron of the enemy, in the Straits of agreed upon by the present treaty, the fortifi. Gibraltar, on the 12th and 13th days of cations shall be delivered up in the state in July last, by the squadron under his orwhich they may be at the time of the signa- ders. 2. That the thanks of this House ture of the present treaty; and all the works be given to the captains and officers of which shall have been constructed since the the squadron under the orders of the said occupation shall remain untouched.

It is farther agreed, that in all the cases of rear admiral, for their gallant conduct on cession stipulated in the present treaty, there that occasion; and that the rear admiral shall be allowed to the inhabitants, of what be desired to signify the same to them. ever condition or nation they may be, a term 3. That this House doth highly approve of three years, to be computed from the noti- of, and acknowledge, the services of the

« SebelumnyaLanjutkan »