The Diplomatic Correspondence of the American Revolution Volume IV Part 17

No subject of his Majesty, the King of Denmark and Norway, shall take a commission or letter of marque (to arm any vessel or vessels, for the purpose of acting as a privateer against the said United States, or any of them, or against their subjects, people, or inhabitants, or against their property, or that of any among them) from any Prince whatever, with whom the said United States shall be at war. In like manner no citizen, subject, or inhabitant of the said United States, or of any of them, shall demand or accept of any commission or letter of marque (to arm any vessel or vessels, to cruise against the subjects of his said Majesty, or any of them, or their property) from any Prince or State whatever, with whom his Majesty shall be at war; and if any one of either nation should take such commissions or letter of marque, he shall be punished as a pirate.

ARTICLE XVI.

In case the vessels of the subjects and inhabitants of one of the two contracting parties should approach the coasts of the other, without however designing to enter into the port, or to discharge the cargo, or to break bulk after having entered, they shall be at liberty to depart, or to pursue their voyage without molestation, in the same manner as is practiced by the vessels belonging to the most favored nations.

ARTICLE XVII.

The liberty of navigation and commerce, mentioned in the 7th article of this treaty, shall extend to all kinds of merchandises, excepting those which are designated by the name of contraband. Under this name of contraband, or prohibited merchandise, are only to be comprehended, arms, cannon, powder, matches, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, fusils, b.a.l.l.s, bucklers, helmets, drums, coats of mail, and other arms of that kind fit to arm soldiers, swivels, shoulder belts, horses with their equipages, and all other instruments of war whatever, excepting always the quant.i.ty that may be necessary for the defence of the vessel and such as compose the crew. All other effects and merchandise not expressly designated above, of whatever kind or denomination they may be, and however fit they may be, even for the building, the repairing, and equipment of vessels, or for the making of any machine or warlike instrument by land or by sea, shall not be considered as contraband, and they may consequently be transported and conducted in the freest manner by the subjects of the two contracting parties to places belonging to the enemy, excepting, nevertheless, such as shall be actually besieged, blocked up or invested, and such shall only be considered so, where the vessels of the power that attacks shall be so near, and posted in such a manner, as that there shall be evident danger to enter.

ARTICLE XVIII.

The pa.s.sports or sea letters, which shall prove the property of the neutral vessels, according to the tenor of the 8th Article of the present treaty, shall be prepared and distributed according to the model which shall be agreed on. Every time that the vessel shall have returned to its own country, it shall be furnished with new pa.s.sports of the like kind; at least, these pa.s.sports must not be of an older date than two years after the time the vessel has returned last to its own country. Moreover, the vessels being loaded, must be provided with such certificates, or manifests, or other public doc.u.ments, as are commonly given to vessels which depart from the ports from whence they have last sailed, containing a specification of the cargo, of the place from whence the vessel has departed, and that of her destination, in order that it may be known whether there are any contraband effects on board of the vessels, and whether they are destined to carry them to an enemy's country, or not. If the names of the persons to whom the effects on board belong, are not expressed in the said doc.u.ments, this omission shall not, however, give cause for confiscation, as the freedom of the vessel secures the freedom of the effects.

ARTICLE XIX.

Should it happen that the ships or vessels of one of the two contracting parties, or of their subjects, should strike against the rocks, or strand, or be shipwrecked on the coast of the other, the respective subjects shall enjoy both for their persons and their ships and vessels, effects and merchandise, all the aid and a.s.sistance possible, as the inhabitants of the country, and shall only pay the same expenses and duties, which the proper subjects of the State on whose coasts they shall have stranded or have been shipwrecked, are subject to in similar cases.

ARTICLE XX.

If the subjects or inhabitants of one of the two parties, compelled by storm, or by the pursuit of pirates, or of the enemy, or by any other accident, find themselves constrained to take refuge with their ships in the rivers, bays, ports, and roads belonging to the other, they shall be received and treated with every humanity and kindness, and they shall be permitted likewise to refresh and to furnish themselves at a just price with every kind of provisions, and everything necessary for the maintenance and support of their persons, and for the reparation of their ships, provided they carry on no commerce contrary to the laws and ordinances of the place or port into which they have entered.

ARTICLE XXI.

It is agreed, that the subjects of each of the contracting parties, and their ships, vessels, merchandise, and effects, shall not be subject to an embargo or detention in any of the countries, islands, towns, places, ports, or domains whatever of the other party, for any military expedition, public or private use, in any manner whatever, and in cases of seizure, detentions, or arrests for debts contracted, or faults committed by any subject of one of the parties in the States of the other, the said seizures, detentions, or arrests shall be made only by order and authority of the justice, and according to the ordinary means; and with regard to debts and faults, process ought to be made by way of equity, and agreeably to the forms of the justice of the place.

ARTICLE XXII.

The two contracting parties have mutually granted permission to have in their respective ports, consuls, vice consuls, agents, and commissaries, which they shall appoint themselves, and whose functions shall be regulated by a particular convention whenever either of the parties wish to establish it.

ARTICLE XXIII.

The subjects of his Majesty, the King of Denmark and Norway, may in the country of the United States of America dispose of their effects by testament, donation, or otherwise; and their heirs, subjects of his said Majesty, shall succeed them, without any impediment in all their effects, moveable and immoveable, either by testament or ab intestat; so that they may take possession of the inheritance, either by themselves, or by attorney, and dispose of it as they please, after having discharged the different duties established by the laws of the State where the said succession shall have been left; and in case that the heirs of the said dead subjects should be absent or minors, and that the deceased shall not have appointed guardians or executors, the property left shall then be inventoried by the Notary Public, or by the magistrate of the place, and disposed of in such manner that they may be kept and preserved for the legal proprietors; and, supposing that there should arise a dispute about such inheritance among several pretenders, then the Judges of the places where the effects of the deceased shall be found, shall decide the process by a definitive sentence agreeably to the laws of the country. The contents of the present article shall be reciprocally observed, with respect to the subjects of the United States of America, in the States of his Danish Majesty.

ARTICLE XXIV.

A perfect liberty of conscience shall be granted to the subjects and inhabitants of each party within the respective States, and they may, consequently, freely attend the worship of their religion without being disturbed or molested, provided that they submit, as to the public demonstration, to the ordinances and laws of the country.

ARTICLE XXV.

His Majesty, the King of Denmark and Norway, and the United States of North America, have agreed, that the present treaty shall be in full effect during the s.p.a.ce of fifteen successive years, reckoning from the day of its ratification; and the two contracting parties reserve to themselves the power of renewing it at the expiration of that time.

ARTICLE XXVI.

The present treaty shall be ratified on both sides, and the ratifications shall be exchanged within the s.p.a.ce of eight months from the date of the signature.

EXPLANATION OF THE COUNTER PROJECT

_Of a Treaty of Amity and Commerce received from Denmark._

Translation.

Although the simple comparison of the enclosed Counter Project, with the Project proposed by Mr Franklin, evidently proves the attention that has been shown on our part here to the negotiation set on foot, and which, in the main, has been agreed upon as to the principles, which have been adopted for the basis of a treaty, as well as the most essential stipulations, we could not avoid, however, explaining more distinctly certain points of the Counter Project; and the eclairciss.e.m.e.nts that will be given of them will at the same time prove the amicable intentions, with which it has been endeavored to facilitate the consequences of an affair too important to the welfare of the two nations, not to merit the attention and cares of the powers which govern them.

The second and third articles will regulate the conduct of the reciprocal subjects in the respective States. Taking things as they now are, it is easily perceived that the stipulations of the said articles, although apparently reciprocal, give however superior advantages to the United States. For, according to the system of commerce, which subsists in Denmark and Norway, the most favored nations pay there no greater imposts or other duties than the proper subjects of the State, and the proper subjects of the State enjoy considerable diminutions with respect to unprivileged nations, as well for their vessels as their merchandise. It is evident, therefore, that the subjects of the United States of America being received among the most favored nations in Denmark and Norway, would not only gain by that means a compet.i.tion with the said most favored, but also a preference over several other nations, even in the neighborhood of Denmark, with whom no treaties of commerce have been concluded, and who, therefore, are still in the number of unprivileged, as to navigation and commerce, in the States of his Danish Majesty.

On the other hand, if the advantages, which would result from these articles, as to the commerce of the subjects of Denmark in the territories of the United States, are considered, the said advantages would be confined to the simple compet.i.tion with every other foreign nation; but, as there is no nation that we know of, which actually pays in the territories of the United States other or greater duties, than what the privileged or most favored nations are bound to pay, the Danish subjects would not find in the territories of the United States the same preference, which the subjects of the United States would obtain in Denmark and Norway. The preceding considerations are not advanced for the purpose of taking any advantage, but they are pointed out only to show the impartiality and good will, with which we desire to contribute to the mutual connexions of amity and commerce between the two nations, who will, it is to be hoped, more and more unite. As to the periods inserted in these articles, they do not essentially change the stipulations projected by the Minister of the United States; they only add therein some proper determination to prevent every misunderstanding on the subject of the reciprocal liberties and privileges, and to guaranty some rights, which the subjects of his Danish Majesty enjoy with respect to certain countries and colonies, as Iceland, Greenland, Finmarson, Faro, the establishment of Tranquibar, and, in certain respects, the Islands of St Croix, St Thomas, and St John; and if, at any time, it should please the United States to reserve for its own subjects similar rights, with respect to certain places, or certain kinds of merchandise, and to exclude therefrom every foreign nation, the same stipulations shall then suit their intentions. In like manner the same mark of reciprocity has been given to every change, excepting only the last clause of the third article, which has not been susceptible of the same turn, considering the local position of the United States, and which, undoubtedly for the same reason, has been inserted in the treaty of the United States with Holland, in the same manner as it is here in the Counter Project.

After having pointed out the privileges, which the subjects of his Danish Majesty enjoy in the islands of St Croix, St Thomas, and St John, it will not be useless to observe, that it is only the commerce and navigation between the said islands and Europe, which Denmark has appropriated to itself in any manner; but the commerce, which is conducted between those islands and North America, although always subject to the same interior regulations on both sides, has been for a long while authorised by his Danish Majesty's commercial laws, and his said Majesty has, moreover, granted to the islands of St Thomas and St John privileges, which will give the commerce of these islands, with America in particular, a freer course, and very different from that of the commerce of the colony. The advantages, which the United States may derive from a more close commercial connexion with the said privileged islands, and whose ports, distinguished by the security they insure to vessels, appear to invite the commercial subjects of America, are too evident to need any circ.u.mstantial detail. There shall only be added, therefore, to what has been said, this single observation, that his Danish Majesty, having it very much at heart to open every possible road to industry and commerce, finds himself much disposed to favor the connexion in question, and that, if for this purpose the United States, after the conclusion of the present treaty, which shall fix the general commercial points between the contracting parties, should desire a particular convention to agree upon the reciprocal and local advantages proper to accomplish this object, his said Majesty would willingly come into it, provided that the United States were equally disposed on their part to facilitate the affair.

The fourth and fifth articles have only been modified in order to remove the doubts, which might arise with respect to the defence and protection due to the vessels belonging to the respective subjects. It is only in cases of attack from the common enemy, against whom it was conceived possible to confine each other by these articles; for in case that one of the parties was at war and the other at peace, the vessels belonging to the neutral party could not protect the vessels belonging to the belligerent party, without taking a part and quitting its neutrality.

The privileges of the most favored nations undoubtedly guaranty to the respective subjects the favors mentioned in the sixth, eleventh, fourteenth, and seventeenth articles of the Project. For this reason it has appeared, that it would be better to reduce the points detailed in these articles to the number of general liberties of the most favored nations, and this is what has been done in the sixth, thirteenth, sixteenth, and twentyfirst articles of the Counter Project, contenting ourselves here with the a.s.surance, that the subjects of his Danish Majesty in the cases mentioned here, as well as in any other, shall be regarded and treated in the territories within the dominions of the United States as the most favored nations, and in expectation that the United States will not demand anything more in these respects.

The seventh, eighth, and ninth articles of the Counter Project only contain the spirit and ideas of the fifteenth, seventh, and eighth articles of the Project, to which has been added some further stipulations, conformable to the principles, which have been established and acknowledged with respect to the commerce of neutral nations in time of war.

The term of two months, which has been proposed in the ninth article, and that of six months named in the twelfth article of the Project, did not appear to correspond with the extent of commerce, which is carried on, particularly with the East Indies, nor with difficulties, which the merchants or inhabitants sometimes find in arranging their affairs to change their abode. It is for this reason, that instead of two and six months, the terms six and nine months have been subst.i.tuted, it being nevertheless well understood, that from the friendship and good understanding, which is about being strengthened between the two nations, the subjects of neither party will ever have cause to take refuge on account of a rupture.

Although no fault has been found as to the merchandise, which the Project has called contraband, or not contraband in time of war, there is however reason to think, that it would still be better for the conveniency of the contracting parties, only to name in express terms the contraband, without detailing the free merchandise, with respect to which no better explanation could be given, as it appears, than by agreeing that everything that is not called contraband shall be comprehended in the number of free merchandise; consequently, on this principle, the seventeenth article of the Counter Project has been arranged, and at the end of the article has been added the definition of a port that is blocked up.

The new articles that have been proposed on this side princ.i.p.ally turn on reciprocal points and favors, which justice and equity demand, and which humanity and the rights of nations ordinarily grant, even without stipulation by express conventions; but it is usage that has introduced them into treaties, and it is conceived that it is no less necessary to conform thereto.

As to the pa.s.sports mentioned in the eighteenth article of the Counter Project, there is nothing easier than to agree about them after the conclusion of the treaty, or at the time when it is concluded, and the models that shall be agreed on can then be officially exchanged and published in case of necessity.

GIACOMO F. CROCCO TO B. FRANKLIN.

Cadiz, July 15th, 1783.

Sir,

His Imperial Majesty, the Emperor of Morocco, did me the honor to appoint me to be the bearer of his answer to the United Provinces of North America, with which he is willing to sign a treaty of peace and commerce, and in consequence has already given orders to his Captains of men of war not to molest on the open seas the American vessels, which agreeable news I have already given to Mr Richard Harrison.

According to my instructions, I am to accompany to the Court of Morocco the Amba.s.sador, that will be appointed to conclude the treaty of peace. I presume, that your Excellency is already acquainted, that the travelling expenses and other charges of amba.s.sadors, or envoys, sent to Europe by the Emperor of Morocco, are to be paid by the Court, or Republic, that demands his friendship. In a few days I intend to set out for Madrid, where I will remain till I receive your Excellency's answer to this letter, directed to William Carmichael, the United States Charge d'Affaires at the Court of Spain, who, I make no doubt, will receive orders to supply me with the money I may want on the occasion.

As soon as I arrive at Paris I shall have the satisfaction to entertain at large your Excellency on the present negotiation, not doubting it will soon be concluded to the advantage of both Courts.

In the meantime I remain, most truly, Sir, &c.