XXII.

Translation[12] of a treaty between His Majesty and the Landgrave of

Hesse Cassel.

His Britannic Majesty being desirous of employing in his service a

body of twelve thousand men of the troops of His most Serene

Highness the reigning Landgrave of Hesse Cassel, and that prince

full of attachment for His Majesty, desiring nothing more than to

give him proofs of it, His Majesty, in order to settle the objects,

relative to this alliance has thought proper to send to Cassel the

Sieur William Faucitt his minister plenipotentiary and colonel in

his service, and His most Serene Highness has named, on his part

for the same purpose, the Baron Martin Erneste de Schlieffen, his

minister of state, lieutenant general and knight of his orders, who

being furnished with requisite full powers, have agreed that the

treaties formerly concluded between Great Britain and Hesse, shall

be made the basis of the present treaty, and to adopt as much of

them as shall be applicable to the present circumstances, or to

determine by new articles such points as must be settled otherwise,

every thing that shall not be differently regulated, shall be

deemed to subsist in full force, as it shall appear to be declared

in the abovementioned treaties, and as it is not possible to

specify each particular case, every thing that shall not be found

regulated in a precise manner, neither in the present treaty nor in

the former treaties, ought to be settled with equity and good

faith, conformably to the same principles which were agreed on by

each part to be pursued for regulating all such cases, whether

during or after the last war.

I. There shall be therefore, by virtue of this treaty between his

Majesty the King of Great Britain and his most Serene Highness the

Landgrave of Hesse Cassel, their successors and heirs, a strict

friendship, and a sincere, firm and constant union, in so much that

the one shall consider the interests of the other as his own, and

shall apply himself with good faith to advance them to the utmost,

and to prevent and avert mutually all trouble and loss.

II. To this end it is agreed, that all former treaties principally

of guaranty, be deemed to be renewed and confirmed by the present

treaty in all their points, articles and clauses, and shall be of

the same force as if they were herein inserted, word for word, so

far as it not derogated from them by the present treaty.

III. This body of twelwe thousand men, of the troops of Hesse,

which is to be employed in His Brittannic Majesty's service, shall

consist of four battallions of grenadiers, of four companies each,

fifteen battallions of Infantry, of five companies each, and two

companies of chasseurs, the whole provided with general and other

necessary officers. This corps shall be completely equipped and

provided with tents, and all accoutrements of which it may stand in

need; in a word shall be put upon the best footing possible, and

none shall be admitted into it but men fit for service, and

acknowledged for such by His Britannic Majesty's commissary.

Formerly the signature of the treaties has usually preceded, by

some time, the term of the requisition for the march of the troops,

but as in the present circumstances there is no time to be lost,

the day of signature of the present treaty is deemed to be also the

term of the requisition, and three battalions of grenadiers, six

battalions of Infantry, with one company of chasseurs, shall be in

a condition to pass in review before His Britannic Majesty's

commissary on the fourteenth of February, and shall begin to march

on the day following the fifteenth of February, for the place of

embarkation. The rest shall be ready in four weeks after, if

possible and march in like manner.

This body of troops shall not be separated, unless reasons of war

require it, but shall remain under the orders of the general to

whom His most Serene Highness has entrusted the command, and the

second division shall be conducted to the same places only where

the first shall actually be, if not contrary to the plan of

operations.

IV. Each battalion of this body of troops shall be provided with

two pieces of field artillery, with the officers, gunners and other

persons, and the train thereunto belonging, if his Majesty is

desirous of it.

V. Toward defraying the expence in which the most Serene Landgrave

shall be engaged, for the arming and putting in condition the said

corps of twelve thousand men, His Majesty the King of Great Britain

promises to pay to His most Serene Highness, for each foot soldier

thirty crown banco levy money, as well for the Infantry as for the

chasseurs, or artillery, if there should be any, the sum total of

which shall be ascertained according to the number of men composing

this corps, and as they have been reckoned in former alliances.

The sum of one hundred and eighty thousand crowns banco valued as

in the following article, shall be paid on account of this levy

money on the tenth of February, and the residue shall be paid, when

the second division of this corps shall begin their march.

VI. In all the former treaties a certain number of years is

stipulated for their duration, but in the present His Britannic

Majesty choosing rather not to engage himself for any longer time

than he shall have occasion for these troops, consents instead

thereof that the subsidy shall be double from the day of the

signature of this treaty to its expiration, that is to say, that it

shall amount for this body of twelve thousand men to the sum of

four hundred and fifty thousand crowns banco per annum, the crown

reckoned at fifty three sols of Holland, or at four shilling and

nine pence three farthings English money, and that the subsidy

shall continue upon this foot during all the time that this body of

troops shall remain in British pay. His Britannic Majesty engages

also to give notice to the most Serene Landgrave of its termination

twelwe months or a whole year before it shall take place, which

notice shall not even be given before this body of troops is

returned, and actually is arrived in the dominions of the said

prince, namely in Hesse, properly so called. His Majesty shall

continue equally to this corps the pay and other emoluments for the

remainder of the month in which it shall repass the frontiers of

Hesse, and His most Serene Highness reserves to himself on his side

the liberty of recalling his troops at the end of four years, if

they are not sent back before, or to agree with His Britannic

Majesty at the end of that time for another term.

VII. With regard to the pay and treatment, as well ordinary as

extraordinary, of the said troops, they shall be put on the same

foot, in all respects, with the national British troops, and His

Majesty's departement of war shall deliver without delay to that of

His most Serene Highness, an exact and faithful state of the pay

and treatment enjoyed by those troops, which pay and treatment, in

consideration that His most Serene Highness could not put this

corps in a condition to march in so short a time without

extraordinary expences, shall commence for the first division on

the first of February, and for the second, seven days before it

shall begin to march, and shall be paid into the military chest of

Hesse, without any abatement or deduction, to be distributed

according to the arrangements which shall be made for that purpose,

and the sum of twenty thousand pounds sterling shall be advanced

immediately on account of the said pay.

VIII.[13] If it should happen unfortunately that any regiment or

company of the said corps should be ruined or destroyed either by

accidents on the sea or otherwise, in the whole or in part, or that

the pieces of artillery or other effects with which they shall be

provided, should be taken by the enemy, or lost on the sea, His

Majesty the King of Great Britain shall cause to be paid the

expences of the necessary recruits, as well as the price of the

said field pieces and effects, in order forthwith to reinstate the

artillery or the said regiments and companies, and the said

recruits shall be settled likewise on the foot of those which were

furnished to the Hessian officers by virtue of the treaty of 1702,

article the fifth, to the end that the corps may be always

preserved and sent back in as good a state as it was delivered in,

the recruits annually necessary shall be sent to the English

Commissary, disciplined and compleetly equipped, at the place of

embarkation, at such time as His Britannic Majesty shall appoint.

IX. In Europe His Majesty shall make use of this body of troops by

land wherever he shall judge proper, but North America is the only

country of the other parts of the globe where this body of troops

shall be employed. They shall not serve on the sea, and they shall

enjoy, in all things without any restriction what soever, the same

pay and emoluments as are enjoyed by the English troops.

X. In case the Most Serene Landgrave should be attacked or

disturbed in the possession of his dominions, His Britannic Majesty

promises and engages to give him all the succour that it shall be

in his power to _afford_ (original _de donner_) which succour shall

be continued to him until he shall have obtained an entire security

and just indemnification: as the most Serene Landgrave promises

likewise on his part, that in case His Majesty the King of Great

Britain is attacked or disturbed in his kingdoms, dominions, lands,

provinces or towns, he will _give him_ (original, _lui prêtera_) in

like manner all the succour that it shall be in his power _to

afford_ (Original _de donner_) which succour shall likewise be

continued to him, until he shall have obtained a good and

advantageous peace.

XI. In order to render this alliance and union the more perfect and

to leave no doubt with the parties about the certainty of the

succour which they have to expect by virtue of this treaty, it is

expressly agreed, that to judge for the future whether the case of

this alliance and the stipulated succour exists or not, it shall

suffice, that either of the parties is actually attacked by force

of arms, without his having first used open force against him who

attackes him.

XII. The sick of the Hessian corps shall remain under the care of

their physicians, surgeons, and other persons appointed for that

purpose, under the orders of the general commanding the corps of

that nation, and every thing shall be allowed them, that His

Majesty allows to his own troops.

XIII. All the Hessian deserters shall be faithfully given up

wherever they shall be discovered in the places dependent on His

Britannic Majesty, and above all as far as it is possible, no

person whatever of that nation shall be permitted to establish

himself in America, without the consent of his sovereign.

XIV. All the transports of the troops, as well for the effects,

shall be at the expence of His Britannic Majesty, and none

belonging to the said corps shall pay any postage of letters, in

consideration of the distance of the places.

XV. The treaty shall be ratified by the high contracting parties,

and the ratifications thereof shall be exchanged as soon as

possible.

In witness whereof, we the undersigned, furnished with the full

power of His Majesty the King of Great Britain, on one part, and of

His most Serene Highness the reigning Landgrave of Hesse Cassel on

the other part, have signed the present treaty and have caused the

seals of our arms to be put thereto. Done at Cassell the fifteenth

of January in the year 1776.

_L.S. William Faucitt. L.S. M. de Schlieffen._

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