ARTICLE XIX.

The vessels of War, public and private, of both parties shall carry freely wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees to officers of admiralty, of the customs, or any others: nor shall such prizes be arrested, searched or put under legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to shew. [But, conformably to the Treaties existing between the United States and Great Britain, no vessel that shall have made a prize upon british subjects, shall have a right to shelter in the ports of the United States, but if forced therein by tempests, or any other danger or accident of the sea, they shall be obliged to depart as soon as possible.] "

a

ARTICLE XX.

No citizen or subject of either of the Contracting Parties shall take from any power with which the other may be at War, any commission or letter of marque for arming any vessel to act as a privateer against the other, on pain of being punished as a pirate; nor shall either party hire, lend, or give any part of its naval or military force, to the enemy of the other, to aid them offensively or defensively against the other.

ARTICLE XXI.

If the two Contracting Parties should be engaged in a War against a common enemy, the following points shall be observed between them.

1. If a vessel of one of the parties taken by the enemy, shall before being carried into a neutral or enemy's port, be retaken by a ship of War, or privateer of the other, it shall, with the cargo be restored to the first owners, for a compensation of one-eighth part of the value of the said vessel and cargo, if the recapture be made by a public ship of War, and one sixth part, if made by a privateer.

2. The restitution in such cases shall be after due proof of property, and surety given for the part to which the recaptors are entitled. 3. The vessels of War, public and private of the two parties shall reciprocally be admitted with their prizes into the respective ports of each, but the said prizes shall not be discharged or sold there, until their legality shall have been decided according to the laws and regulations of the state to which the captor belongs, but by the judicatories of the place into which the prize shall have been conducted.

4. It shall be free to each Party, to make such regulations as they shall judge necessary for the conduct of their respective vessels of War, public and private, relative to the vessels which they shall take and carry into the ports of the two Parties.

ARTICLE XXII.

When the Contracting Parties shall have a common enemy, or shall both be neutral, the vessels of War, of each shall upon all occasions take under their protection the vessels of the other going the same

a Omitted by Treaty of 1828, p. 646.

S. Doc. 318, 58-2-41

course, and shall defend such vessels, as long as they hold the same course against all force and violence in the same manner as they ought to protect and defend vessels belonging to the party of which they are.

ARTICLE XXIII.

If War should arise between the two Contracting Parties, the merchants of either country then residing in the other, shall be allowed to remain nine months to collect their debts and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hindrance; And all women and children, scholars of every faculty, cultivators of the Earth, artisans, manufacturers and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all others, whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses or goods be burnt, or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power, by the events of War, they may happen to fall; but if any-thing is necessary to be taken from them, for the use of such armed force, the same shall be paid for, at a reasonable price.

ARTICLE XXIV.

And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crouding them into close and noxious places, the two Contracting Parties solemnly pledge themselves to the world and to each other, that they will not adopt, any such practice; that neither will send the prisoners whom they may take from the other into the East-Indies, or any other parts of Asia or Africa, but that they shall be placed in some parts of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-ships, nor prisons, nor be put into irons nor bound, nor otherwise restrained in the use of their limbs; that the officers shall be enlarged on their paroles within convenient districts and have comfortable quarters, and the common men be disposed in cantonments open and extensive enough for air and exercize, and lodged in barracks as roomey and good as are provived by the Party in whose power they are, for their own troops; that the officers shall also be daily furnished by the party in whose power they are, with as many rations, and of the same articles and quality, as are allowed by them either in kind, or by commutation to officers of equal rank in their own army; and all others shall be daily furnished by them with such ration as they shall allow to a common soldier in their own service; the value whereof shall be paid by the other party on a mutual adjustment of accounts for the subsistence of prisoners at the close of the war; and the said accounts shall not be mingled with, or set off against any others, nor the balances due on them be withheld as a satisfaction or reprizal for any other article, or for any other cause real or pretended, whatever. That each Party shall be allowed to keep a Commissary of prisoners of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases; shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports in open letters to those who employ him: but if any

officer shall break his parole, or any other prisoner shall escape from the limits of his cantonment after they shall have been designated to him, such individual officer or other prisoner, shall forfeit so much of the benefit of this Article, as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that War dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this and the next preceding Article; but on the contrary that the state of War, is precisely that for which they are provided, and during which they are to be as sacredly observed as the most acknowledged articles in the Law of nature and nations.

1828.

TREATY OF COMMERCE AND NAVIGATION."

Concluded May 1, 1828; ratification advised by the Senate May 14, 1828; ratified by the President; ratification again advised and time for exchange of ratification extended by the Senate March 9, 1829; ratifications exchanged March 14, 1829; proclaimed March 14, 1829. (Treaties and Conventions, 1889, p. 916.)

ARTICLES.

I. Freedom of commerce and naviga- | VIII. No preference to importing vessel. tion. IX. Most favored nation commercial

II. No discrimination of shipping

charges.

III. No discrimination in import duties on account of vessels.

IV. Application of two preceding sections.

V. No discrimination of import duties. VI. No discrimination of export duties. VII. Coastwise trade.

privileges.

X. Consular privileges and jurisdiction.

XI. Deserters from ships.

XII. Articles of former treaties revived.
XIII. Blockades.

XIV. Estates of deceased persons.
XV. Duration.

XVI. Ratification.

The United States of America, and His Majesty the King of Prussia, equally animated with the desire of maintaining the relations of good understanding, which have hitherto so happily subsisted between their respective States, of extending, also, and consolidating the commercial intercourse between them; and convinced that this object cannot better be accomplished, than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity equally beneficial to both Countries, and applicable in time of peace, as well as in time of war, have, in consequence, agreed to enter into negotiations for the conclusion of a Treaty of Navigation and Commerce, for which purpose the President of the United States has conferred Full Powers on Henry Clay, their Secretary of State; and His Majesty the King of Prussia has conferred like Powers on the Sieur Ludwig Niederstetter, Chargé d'Affaires of His said Majesty near the United States; and the said Plenipotentiaries having exchanged

a Federal cases: Ex parte Newman, 14 Wall., 152; U. S. v. Diekelman, 92 U. S., 520; The Elwine Kreplin, 4 Benedict, 417, 9 Blatch., 438; North German Lloyd S. S. Co. v. Hedden, 43 Fed. Rep., 17; Diekelman v. U. S., 8 Ct. Cl., 371.

their said Full Powers, found in good and due form, have concluded and signed the following Articles:

ARTICLE I.

There shall be between the Territories of the High Contracting Parties a reciprocal liberty of commerce and ravigation. The inhabitants of their respective States shall, mutually, have liberty to enter the ports, places, and rivers of the territories of each Party, wherever foreign commerce is permitted. They shall be at liberty, to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs, and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing.

ARTICLE II.

Prussian vessels arriving either laden or in ballast, in the ports of the United States of America; and, reciprocally, vessels of the United States arriving either laden, or in ballast, in the ports of the Kingdom of Prussia, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels, coming from the same place, with respect to the duties of tonnage, lighthouses, pilotage, salvage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied in the name, or to the profit, of the Government, the local authorities, or of any private establishment whatsoever.

ARTICLE III.

All kind of merchandise and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the Kingdom of Prussia, in Prussian vessels, may, also, be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in Prussian vessels.

And, reciprocally, all kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the Kingdom of Prussia, or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said States, may also, be so imported in Prussian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities or of any private establishments whatsoever, than if the same merchandise or produce had been imported in vessels of the United States of America.

ARTICLE IV.

To prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the two preceding Articles, are, to their full extent, applicable to Prussian vessels, and their car goes, arriving in the ports of the United States of America; and,

reciprocally, to vessels of the said States and their cargoes, arriving in the ports of the Kingdom of Prussia, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country.

ARTICLE V.

No higher or other duties shall be imposed on the importation into the United States, of any article, the produce or manufacture of Prussia; and no higher or other duties shall be imposed on the importation into the Kingdom of Prussia, of any article the produce or manufacture of the United States, than are, or shall be, payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of Prussia, to, or from, the ports of the United States, or to, or from the ports of Prussia, which shall not equally extend to all other nations.

ARTICLE VI.

All kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the United States of America, or of any other country, which may be lawfully exported from the ports of the said United States, in national vessels, may, also, be exported therefrom in Prussian vessels, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported in vessels of the United States of America.

An exact reciprocity shall be observed in the ports of the Kingdom. of Prussia, so that all kind of merchandise and articles of commerce, either the produce of the soil or the industry of the said Kingdom, or of any other country, which may he lawfully exported from Prussian ports in national vessels, may also be exported therefrom in vessels of the United States of America, without paying other or higher duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported in Prussian vessels.

ARTICLE VII.

The preceding Articles are not applicable to the coastwise navigation of the two Countries, which is, respectively, reserved, by each of the high contracting parties, exclusively, to Itself.

ARTICLE VIII.

No priority or preference shall be given, directly or indirectly, by either of the Contracting Parties, nor by any company, corporation, or agent, acting on their behalf, or under their authority, in the purchase of any article of commerce, lawfully imported, on account of, or in reference to, the character of the vessel, whether it be of the one Party or of the Other, in which such article was imported: it being the true intent and meaning of the Contracting Parties, that no distinction or difference whatever, shall be made in this respect.