Although the _Droit d'Aubaine_ does not exist within the territories

of either of the contracting parties, it is nevertheless agreed

between them, to clear away all doubts which might arise thereupon,

that their respective citizens and subjects shall have full right to

dispose of all effects, which they shall have or ought to have within

the territories of the other party, by testament, donation, or

otherwise, in favor of such persons as they shall think fit; and their

heirs, subjects of one of the parties, and residing in the territories

of the other, or elsewhere, whether so by testament, donation, or

other particular titles, or as intestate, shall freely succeed to, and

take possession of all such effects, whether in person or by

procuration, or if minors by their guardians, tutors, or curators,

although they shall not have obtained letters of naturalization, and

may dispose of the same as they shall think fit, paying the just debts

only which shall have been due from the deceased at the time of his

death; and they shall not be chargeable with the payment of any duties

or imposts whatever, upon entering into the possession of such

effects, movable or immovable; and who shall be deemed heirs of any

citizen of the United States, who shall die intestate in Russia, and

in what proportion his effects, movable or immovable, which he shall

have left there, shall be divided among them, shall be determined by

the laws of the State in the Union of which the deceased was last a

member; and if the heirs of the deceased shall be absent, or minors,

at the time of his death, and he shall not have named a particular

trustee of his effects for their use, in such case an inventory shall

be taken of all such effects, movable and immovable, by a Notary

Public, under the direction and in presence of the consul, vice

consul, agent or commissioner of the United States, if there be any in

or near the place where the deceased last dwelt; all which effects

shall be immediately after committed to the care of one or more

persons, to be named by the said consul, vice consul, agent, or

commissioner, or in default thereof, to those whom the public

authority shall designate for that purpose, to the end, that they may

safely be kept by them, and preserved for the lawful heirs of the

deceased.

ARTICLE XXIII.

The contracting parties shall mutually endeavor by all the means in

their power, to defend and protect all vessels and other effects

belonging to the citizens or subjects of the other party, and being in

their ports, roads, harbors, internal seas, passes, rivers, and as far

as their jurisdiction extends at sea, and to recover, and cause to be

restored entire, to the true proprietors, their agents or attornies,

all such vessels and effects which shall be taken under their

respective jurisdictions, and their vessels of war and convoys sailing

under their authority, in cases when they may have a common enemy,

shall take under their protection all the vessels belonging to the

citizens and subjects of the other party, which shall not be ladened

with contraband goods, (according to the description thereof made in

the article of this treaty) for places with which one of the parties

is at peace and the other at war, nor destined for any place blocked,

and which shall hold the same course or follow the same route, and

they shall defend such vessel as long as they shall hold the same

course, or follow the same route against all attacks, force, and

violence of the common enemy, in the same manner as they ought to

protect and defend the vessels belonging to the people and subjects of

their proper sovereign.

ARTICLE XXIV.

Merchants, masters, and owners of vessels, mariners, men of all kinds,

vessels, merchandises, and effects in general, of either of the

contracting parties, or of their citizens and subjects, shall not be

seized or detained within the territories of the other party for any

military expedition, public or private use of any one, by arrests,

violence, or any color thereof; much less shall it be permitted to

take or extort by force anything from the citizens or subjects of the

other party, and without the consent of the owner; which, however, is

not to be understood of seizures, detentions, and arrests, which shall

be made by the command and authority of justice, and by the ordinary

method, on account of debts and crimes, in respect whereof the

proceedings must be by way of law and according to the forms of

justice.

ARTICLE XXV.

In case the citizens or subjects of either party, with their shipping,

whether public and of war, or private and of merchants, be forced

through stress of weather, pursuit of pirates or enemies, or any other

urgent necessity for seeking of shelter and harbor to retreat and

enter into any rivers, bays, roads, or ports, belonging to the other

party, they shall be received and treated with all humanity and

kindness, and enjoy all friendly protection and help, and they shall

be permitted to refresh, and provide themselves at reasonable rates

with victuals, and all things needful for the sustenance of their

persons, or reparation of their vessels, and conveniency of their

voyage, and shall no ways be detained or hindered from returning out

of the said ports or roads, but may come to sail and depart when and

whither they please, nor shall they be subject to any visit or to the

payment of any duties whatever, provided always, that during their

remaining in port, they do not break bulk, or expose any merchandise

to sale. It is nevertheless to be understood, that if it shall become

necessary for the effectual reparation of any vessel to unload her in

part or in whole, permission for that purpose shall be granted, and

there shall not be demanded any duties whatever upon the merchandises

which shall be unloaded, but they shall be deposited in some suitable

magazine under the inspection of a proper officer of the port, to be

delivered up to the master of the vessel after she shall have been

repaired, to be again loaded on board her; likewise, permission shall

be granted to sell so much of the said merchandises as shall be

necessary to defray the expenses of repairing and equipping the vessel

for sea, paying the duties only upon such part as shall be sold, and

they shall not be demanded upon any other part of the cargo under

pretence of her having broken bulk, or any other pretence whatever,

but she shall be permitted freely to proceed to sea with the remainder

of her cargo, without any molestation or impediment whatever.

ARTICLE XXVI.

If the vessels of the citizens or subjects of either of the

contracting parties come upon the coasts of the other party, without

intending to enter into port, or being entered into port, not

designing to unload their cargoes or to break bulk, they shall not be

obliged to pay for their vessels or cargoes any duties of entry or

departure, nor to render any account of their cargoes, at least if

there is not probable cause to suspect that they carry contraband

goods to the enemies of such party; in which case they shall be

obliged to exhibit their passports and certificates described in the

article of this treaty, to which full faith and credit shall be

given.

ARTICLE XXVII.

It shall be lawful for captains and masters of vessels belonging to

the United States, or any of them, or to their citizens, freely to

receive on board their vessels, or take into their service as

passengers or seamen, the natives or citizens of any of the United

States, being in any port or place subject to the jurisdiction of her

Imperial Majesty, upon such conditions as they shall agree upon,

without being subject for so doing to any fine, punishment, process,

or reprehension whatsoever; and reciprocally, the captains and masters

belonging to her Imperial Majesty, or any of her subjects, shall enjoy

in all the ports and places under the obedience of the United States,

the same privilege of receiving and taking into their service

passengers and seamen, being natives or subjects of any country of the

domination of her Imperial Majesty, provided that neither on the one

side nor the other, they may not receive or take into their service

such of their countrymen who are already engaged either in the public

or any private service, or who shall have fled from the justice of the

country, but they shall surrender up all such persons whenever duly

required so to do.

ARTICLE XXVIII.

If any vessels belonging to either of the parties, their citizens or

subjects, shall within the coasts or dominions of the other party,

stick upon the sands or be wrecked, or suffer any other damage, all

friendly assistance and relief shall be given to the persons

shipwrecked, or shall be in danger thereof; and the vessels, effects,

and merchandises which shall have been saved, or the proceeds of them,

if being perishable they shall have been sold, being claimed within

the space of ---- months by the masters or owners, their agents or

attornies, shall be faithfully restored, paying only that which ought

to be paid by the native citizens or subjects in such cases for

salvage. There shall also be delivered, gratis, to the persons

shipwrecked, safe conducts or passports for their free passage from

thence, and to return each one to his country.

ARTICLE XXIX.

The two contracting parties, fully convinced of the wisdom and justice

of the principles contained in the declaration of her Imperial Majesty

of the 28th day of February, 1780, made to the then belligerent

powers, and proposed by her as the basis of a system to be established

for the general benefit of the commercial world, and that the same

ought to be regarded as sacred by all belligerent powers forever;

which principles have since been established and agreed upon in the

maritime convention concluded at Copenhagen, between her said Imperial

Majesty and the King of Denmark and of Norway, on the 9th of July,

1780; and being desirous to make the same the invariable rule of their

own conduct, and to have recourse thereto upon all proper occasions,

as to stipulations and laws, which merit a distinguished rank in the

human code;

The contracting parties do here solemnly adopt and immediately apply

to themselves the few important principles, which have been

established as above in favor of neutral nations in general, viz.

1st. That all vessels shall navigate freely from port to port, and

upon the coasts of nations at war, excepting always ports blocked;

2dly. That effects belonging to powers at war, or to their subjects,

shall be free upon neutral vessels, excepting contraband merchandises;

3dly. That to determine what shall characterise a port blocked, this

denomination shall be granted but to such port only, where the vessels

of war of the power that attacks it shall be sufficiently near, and

stationed in such a manner, that there is an evident danger of

entering into it;

4thly. That neutral vessels shall not be arrested, but upon just

causes and evident facts, and they shall be judged without delay; that

the process shall always be uniform, prompt, and legal, and that

always besides the indemnification, which shall be granted to those

who have sustained any damages or losses without being in fault, there

shall be given complete satisfaction for the insult committed upon the

respective flags.

ARTICLE XXX.

If the merchant vessels of the citizens or subjects of one of the

other parties, sailing along the coasts or on the high seas without

any escort, are met by the vessels of war or private armed vessels of

the other party, being engaged in a war with any other power, they

shall be held, if required, to exhibit their passports, sea-letters,

and other documents described in the article of this treaty; and to

prevent all disorder and violences, the vessels of war and private

armed vessels making the visit shall constantly remain out of

cannon-shot from the armed vessels, and shall send their boats to

them, but they shall not board them with more than two or three men

for the purpose of examining their papers abovementioned.

Nevertheless, it shall not be permitted to visit or to examine the

papers of any merchant vessels when convoyed by vessels of war, but

full faith shall be given to the declaration of the officer commanding

the escorts, that the merchant vessels are not charged with any

contraband merchandises for an enemy's port.

ARTICLE XXXI.

And when it shall appear by the papers exhibited, or by the verbal

declaration of the officer commanding the escort, that the merchant

vessels are not charged with any contraband merchandises destined for

a port of the enemy of the other party, they shall be permitted to

pursue their voyage without any molestation or impediment; and that

more effectual care may be taken for the security of the citizens,

subjects, and people of both parts, it shall be expressly forbidden to

the captains and commanders of all vessels of war, and of private

armed vessels, their officers and people, to molest or to do any

damage to the vessels, citizens, subjects, and people of the other

party, and if they shall act to the contrary, they shall be obliged to

answer therefor in their persons and goods, besides the reparation due

for the insult committed upon the flag.

ARTICLE XXXII.

If, by exhibiting the sea-letters and other documents, the other party

shall discover there any of those sorts of goods, which are declared

prohibited and contraband, and that they are consigned for a port

under the obedience of his enemy, it shall not be lawful to break up

the hatches of such ship, nor to open any chest, coffer, packs, casks,

or other vessels found therein, or to remove the smallest parcel of

the goods, unless the lading be brought on shore in presence of the

officers of the Court of Admiralty, and an inventory thereof be made;

but there shall be no allowance to sell, exchange, or alienate the

same, until after that due and lawful process shall have been had

against such prohibited goods of contraband, and the Court of

Admiralty by a sentence pronounced shall have confiscated the same,

saving always as well the ship itself as any other goods found

therein, which are to be esteemed free, and may not be detained on

pretence of their being infected by the prohibited goods, much less

shall they be confiscated as lawful prize. But, on the contrary, when

by the visitation at land, it shall be found that there are no

contraband goods in the vessel, and it shall not appear by the papers,

that he who has taken and carried in the vessel has been able to

discover any there, he shall be condemned in all the charges and

damages, which he shall have caused, both to the owners of the

vessels, and to the owners and freighters of the cargoes with which

they shall be loaded, for his temerity in taking and carrying them

into port; it being declared most expressly, that free vessels shall

assure the liberty of the effects with which they shall be ladened,

and that this liberty shall extend itself equally to the persons who

shall be found in free vessels, although they are enemies to both, or

either party, who may not be taken out of her unless they are military

men actually in the service of an enemy.

ARTICLE XXXIII.

On the contrary, it is agreed, that whatever shall be found to be

ladened by the citizens and subjects of either party, on any ships

belonging to the enemies of the other, although it be not comprehended

under the sort of prohibited goods, the whole may be confiscated as if

it belonged to the enemy; excepting always such effects and

merchandises as were put on board such vessel before the declaration

of war, or in the space of ---- months after it; which effects shall

not be in any manner subject to confiscation, but shall be faithfully,

and without delay, restored in nature to the owners who shall claim

them, or cause them to be claimed before the confiscation or sale;

and, if they should not be claimed before then, the proceeds thereof

shall be restored, provided they are duly claimed within ---- months

after the sale, which shall always be public. Nevertheless, if the

said merchandises are contraband, it shall by no means be lawful to

transport them afterwards to any port belonging to the enemies of the

other ally.

ARTICLE XXXIV.

And under this denomination of contraband or merchandises prohibited,

shall be comprehended only ----. All other effects and merchandises

not before specified expressly, and even all sorts of naval matters,

however proper they may be for the construction and equipment of

vessels of war, or for the manufacture of one or another sort of

machines of war, by land or by sea, shall not be adjudged contraband,

neither by the letter nor according to any pretended interpretation

whatever, ought they, or can they be comprehended under the notion of

effects prohibited or contraband; so that all effects and

merchandises, which are not expressly before mentioned, may, without

any exception and in perfect liberty, be transported by the citizens

and subjects of both allies from and to places belonging to the enemy

of the other, excepting only the place, which at the same time shall

be blocked, as described in the article of this treaty.

ARTICLE XXXV.

All vessels and merchandises of whatever nature, which shall be

rescued out of the hands of any pirates or robbers navigating the high

seas without requisite commissions, shall be brought into some port of

one of the two States, and deposited in the hands of the officers of

that port, in order to be restored entire to the true proprietors, as

soon as due and sufficient proofs shall be made concerning the

property thereof.

ARTICLE XXXVI.

It shall be lawful, as well for the ships of war of the two

contracting parties, as for the private armed vessels belonging to

their respective citizens and subjects, to carry whithersoever they

please, the ships and goods taken from their enemies; neither shall

they be obliged to pay anything to the officers of the Admiralty, or

to any other judges or persons whatever; nor shall the aforementioned

prizes, when they come to and enter the ports of the said States be

detained by arrest, or be subject to any search or visit; nor shall

the validity of the capture be questioned; but they may come to sail,

depart, and carry their prizes to those places, which are mentioned in

their commissions, which the commanders of such ships of war, or

private armed vessels shall be obliged to show, if required. On the

contrary, no shelter or refuge shall be given in the ports of one of

the parties to such as shall have made a prize upon the citizens and

subjects of the other party, and if, perchance, such ships shall come

in, being forced by stress of weather, or the danger of the seas, they

shall be obliged to depart as soon as possible.

ARTICLE XXXVII.

No subject of her said Imperial Majesty, shall apply for or take any

commission or letters-of-marque for arming any ship or vessels, to act

as privateers against the said United States, or any of them, the

citizens or inhabitants thereof, or against the property of any of

them, from any Prince or State, with which the United States shall be

at war; nor shall any citizen or inhabitant of the said United States,

or any of them, apply for or take any commission or letters-of-marque,

for arming any ships or vessels to act as privateers against the

subjects of her said Imperial Majesty, or any of them, or against

their property, from any Prince or State with which her said Imperial

Majesty shall be at war; and if any persons of either nation shall

take such commission or letters-of-marque, he shall be punished as a

pirate.

ARTICLE XXXVIII.

It shall not be lawful for any foreign privateers, not belonging to

the subjects of her said Imperial Majesty, or to the citizens or

inhabitants of the said United States, which have commissions from any

other Prince or State, at war with either of the parties, to fit their

ships in the ports of either of them, to sell the prizes which they

shall have made, or in any other manner whatsoever to discharge the

vessels, merchandises, or any part of their cargoes; neither shall

they be allowed even to purchase provisions, except such as shall be

necessary for their going to the next port of that Prince or State

from which they have commissions.

ARTICLE XXXIX.

To the end that all dissension and quarrel may be avoided and

prevented, it is agreed, that in case one of the two parties happens

to be at war, the vessels belonging to the citizens and subjects of

the other ally, shall be provided with sea-letters or passports,

expressing the name and the place of abode of the master or commander

of said vessel, to the end, that thereby it may appear, that the

vessel really and truly belongs to the citizens or subjects of one of

the contracting parties; which passports shall be drawn and

distributed according to the form annexed to this treaty. Each time

that the vessel shall return she shall have such of her passports

renewed, or at least they ought not to be of more ancient date than

two years from the time the vessel last came from her own country. It

is also agreed, that such vessels being loaded, ought to be provided,

not only with the said passports or sea-letters, but also with a

general passport, or with particular passports or manifests, or other

public documents which are ordinarily given, to vessels which are

outward bound, in the ports from whence they have set sail in the last

place, containing a specification of the cargo, of the place from

whence the vessel departed, and of that of her destination; or instead

of all these, certificates from the magistrates or governors of

cities, places, and colonies, from whence the vessel came, given in

the usual form, to the end, that it may be known whether there are any

effects prohibited or contraband on board the vessels, and whether

they are destined to be carried to an enemy's country or not. And in

case any one judges proper to express in the said documents, the

person to whom the effects on board belong, he may do it freely,

without however being bound to do it; and the omission of such

expression cannot and ought not to be deemed a cause of confiscation.

ARTICLE XL.

The contracting parties grant to each other mutually, the liberty of

having, each in the ports of the other, consuls, vice consuls, agents,

and commissaries, of their own appointment, whose functions shall be

regulated by particular agreement whenever the parties shall choose to

enter into one.

ARTICLE XLI.

For the better promoting commerce on both sides, it is agreed that if

a war should break out between the contracting parties (which may God

prevent) the term of twelve months, to commence from the day of the

publication of a proclamation by the sovereign authority of the State

to be made for that purpose whenever it shall be judged proper, shall

be allowed to the citizens and subjects of each part residing within

the dominions of the other, in which they themselves may retire,

together with their families, goods, and effects, and carry them

whithersoever they please; and for this end, passports and safe

conducts shall be freely granted to them, as well for their persons as

for their vessels and other effects, for some convenient ports of

their respective countries, and for a time necessary for the voyage;

and likewise during the said term, the selling and disposing of their

effects, both movable and immovable, shall be allowed to them freely,

and without any molestation; and also their goods and effects of every

sort, and more especially their persons, shall not be detained or

troubled by arrest or seizure, except it be in a due course of justice

on account of debts or crimes, but rather in the meantime, they shall

have and enjoy good and speedy justice, so that within that term they

may be able to recover their goods, effects, and debts intrusted as

well to the public as to private persons; and it shall be lawful for

them also before, or at the time of their departure, to consign to

whom they shall think fit, or otherwise dispose of according to their

pleasure or convenience, such of their effects as they shall not have

parted with, as well as the debts which shall be due to them, and

their debtors shall be obliged to pay the same in like manner as if

the contracting parties were in full peace with each other.

FOOTNOTES:

[27] It does not appear that this plan of a treaty was ever discussed

between the parties, but was drawn up by Mr Dana on such principles as

he intended to maintain, should the negotiation proceed.

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, June 24th, 1783.

Sir,

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