the treaty of 1785, according to which free ships make free goods, has not been sufficient ly respected during the two last wars, and especially in that which still continues, the two contracting parties propose, after the return of a general peace, to agree either separately between themselves, or jointly with other powers alike interested, to concert with the great maritime powers of Europe, such arrangements and such permanent principles, as may serve to consolidate the liberty and the safety of the neutral navigation and commerce in future wars. And if, in the interval, either of the contracting parties should be engaged in a war, to which the other should remain neutral, the ships of war and privateers of the belligerent power shall conduct themselves towards the merchant vessels of the neutral power, as favourably as the course of the war then existing may permit, observing the principles and rules of the law of nations, generally acknowledged. traité de 1785, selon lequel les vaisseaux libres rendent aussi les marchandises libres, n'a pas été suffisament respecté dans les deux dernières guerres, et nommément dans celle qui dure encore, les deux parties contractantes se reservent de s'entendre après le retour de la paix générale, soit séparement entr'elles, soit conjointement avec d'autres puissances cointeressés pour concerter avec les grandes puissances maritimes de l'Europe, tels arrangements et tels principes permanens, qui puissent servir à consolider la liberté et la sûreté de la navigation et du commerce neutres dans les guerres futures. Et si, pendant cet intervalle, l'une des parties contractantes se trouve engagée dans une guerre à laquelle l'autre reste neutre, les vaisseaux de guerre et les armateurs de la puissance belligerente, se comporteront, à l'égard de batimens marchands de la puissance neutre, aussi favorablement que la raison de guerre, pour lors existante pourra le permettre, en observant les principes et les régles du droit des gens généralement reconnus. NOTE No. IV. TO THE AMIABLE ISABELLA. Copy of the Convention with the Court of London, signed at St. Petersburg, the 5th (17th) of June, 1801. In the name of the Most Holy and Undivided Trinity. The mutual desire of his Majesty the Emperor of all the Russias, and of his Majesty the King of the united kingdom of Great Britain and Ireland, being not only to come to an understanding between themselves with respect to the differences which have lately interrupted the good understanding and friendly relations which subsisted between the two States; but also to prevent, by frank and precise explanations upon the navigation of their respective subjects, the renewal of similar altercations and troubles which might be the consequence of them; and the object of the solicitude of their said majesties being to settle, as soon as can be done, an equitable arrangement of those differences, and an invariable determination of their principles upon the rights of neutrality, in their application to their respective monarchies, in order to unite more closely the ties of friendship and good intercourse, of which they acknowledge the utility and the benefits, have named and chosen for their plenipotentiaries, viz. his Majesty the Emperor of all the Russias, the Sieur Niquita, Count de Panen, his counsellor, &c. his Majesty the King of the united kingdom of Great Britain and Ireland, Alleyen, Baron St. Helens, privy counsellor, &c. who, after having communicated their full powers, and found them in good and due form, have agreed upon the following points and articles : Art. I. There shall be hereafter between his Imperial Majesty of all the Russias, and his Britannic Majesty, their subjects, and the states and countries under their domination, good and unalterable friendship and understanding; and all the political, commercial, and other relations of common utility be tween the respective subjects, shall subsist as formerly, without their being disturbed or troubled in any manner whatever. Art. II. His Majesty the Emperor and his Britannic Majesty declare, that they will take the most especial care of the execution of the prohibitions against the trade of contraband of their subjects with the enemies of each of the high contracting parties. Art. III. His Imperial Majesty of all the Russias, and his Britannic Majesty, having resolved to place under a sufficient safeguard the freedom of commerce and navigation of their subjects, in case one of them shall be at war whilst the other shall be neuter, have agreed : 1. That the ships of the neutral power shall navigate freely to the ports and upon the coasts of the nations at war. 2. That the effects embarked on board neutral ships shall be free, with the exception of contraband of war, and of enemy's property; and it is agreed not to comprise in the number of the latter, the merchandise of the produce, growth, or manufacture of the countries at war, which should have been acquired by the subjects of the neutral power, and should be transported for their account, which merchandise cannot be excepted in any case from the freedom granted to the flag of the said power. 3. That in order to avoid all equivocation and misunderstanding of what ought to be qualified as contraband of war, his Imperial Majesty of all the Russias and his Britannic Majesty declare, conformably to the 11th article of the treaty of coinmerce concluded between the two crowns on the 10th (21st) February, 1797, that they acknowledge as such only the following objects, viz. cannons, mortars, fire arms, pistols, bombs, grenades, balls, bullets, firelocks, flints, matches, powder, saltpetre, sulphur, helmets, pikes, pouches, swords, sword belts, saddles and bridles, excepting, however, the quantity of the said articles which may be necessary for the defence of the ship and of those who compose the crew; and all other articles whatever not enumerated here, shall not be reputed warlike and naval ammunition, nor be subject to confiscation, and of course shall pass freely, without being subjected to the smallest difficulty, unless they be considered enemy's property in the above settled sense. It is also agreed, that which is stipulated in the present article shall not be to the prejudice of the particular stipulations of one or the other crown with other powers, by which objects of a similar kind should be reserved, prohibited, or permitted. 4. That in order to determine what characterises a blockaded port, that determination is given only to that where there is, by the disposition of the power which attacks it with ships stationary, or sufficiently near, an evident danger in entering. 5. That the ships of the neutral power shall not be stopped but upon just causes 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 respect due to these stipulations, dictated by the sincere desire of conciliating all interests, and to give a new proof of their loyalty and love of justice, the high contracting parties enter here into the most formal engagement to renew the severest prohibitions to their captains, whether of ships of war or merchantmen, to take, keep, or conceal on board their ships any of the objects which, in the terms of the present convention, may be reputed contraband, and respectively to take care of the execution of the orders which they shall have published in their admiralties, and wherever it shall be necessary. Art. IV. The two high contracting parties, wishing to prevent all subject of dissention in future by limiting the right of search of merchant ships going under convoy to the sole causes in which the belligerent power may experience a real prejudice by the abuses of the neutral flag, have agreed, 1. That the right of searching merchant ships belonging to the subject of one of the contracting powers, and navigating under convoy of a ship of war of the said power, shall only be exercised by ships of war of the belligerent party, and shall never extend to the fitters out of privateers, or other vessels, which do not belong to the imperial or royal fleet of their majesties, but which their subjects shall have fitted out for war. 2. That the proprietors of all merchant ships belonging to the subjects of one of the contracting sovereigns, which shall be destined to sail under convoy of a ship of war, shall be required, before they receive their sailing orders, to produce to the commander of the convoy their passports and certificates, or sea-letters, in the form annexed to the present treaty. 3. That when such ship of war, and every merchant ship under convoy, shall be met with by a ship or ships of war of the other contracting party, who shall then be in a state of war, in order to avoid all disorder, they shall keep out of cannon shot, unless the situation of the sea, or the place of meeting, render a nearer approach necessary; and the commander of the ship of the belligerent power shall send a sloop on board the convoy, where they shall proceed reciprocally to the verification of the papers and certificates that are to prove on one part, that the ship of war is authorised to take under its escort such or such merchant ships of its nation, laden with such a cargo, and for such a port; on the other part, that the ship of war of the belligerent party belongs to the imperial or royal fleet of their majesties. 4. This verification made, there shall be no pretence for any search, if the papers are found in due form, and if there exists no good motive for suspicion. In the contrary case, the captain of the neutral ship of war (being duly required thereto by the captain of the ship of war, or ships of war, of the belligerent power) is to bring to and detain his convoy during the time necessary for the search of the ships which compose it, and he shall have the faculty of naming and delegating one or more officers to assist at the search of the said ships, which shall be done in his presence on board each merchant ship, conjointly with one or more officers selected by the captain of the ship of the belligerent party. 5. If it happen that the captain of the ship or ships of war of the power at war, having examined the papers found on board, and having interrogated the master and crew of the ship, shall see just and sufficient reason to detain the merchant ship, in order to proceed to an ulterior search, he shall notify that in |