The Diplomatic Correspondence of the American Revolution Volume VIII Part 48

The Russians shall be amenable to justice touching all their contracts and engagements between them and the citizens of the United States residing in Russia, in the place where they shall have made them, unless it shall be otherwise stipulated therein, and according to the laws of the same place; and if any process should arise between them in the towns of St Petersburg, Moscow, or Archangel, the College of Commerce alone, to the exclusion of every other tribunal, shall take cognizance thereof, after complaint shall have been duly made; and said College shall cite the person complained against to appear before them in person, or by his attorney, to answer such complaint, allowing a reasonable time therefor; and if he should appear, or fail to appear and answer within the time fixed, upon due proof of the matter in question being produced, the said College shall proceed to pa.s.s judgment thereupon against the person complained of, and where it is necessary to carry their judgment into execution against an absent person, shall forthwith when desired by the complainant, at his expense, send an express to the proper Governors or Waywodes, and shall order them to cause the judgment to be executed without loss of time, and thus shall oblige the person condemned, to pay the sums of money specified in such judgment, with reasonable costs.

ARTICLE XV.

But whenever a process or dispute shall take place concerning any contract made between the citizens of the United States and the Russian subjects, in a place where the College of Commerce hath no department, they shall be heard and determined by the ordinary magistrate of the place; and in all such cases, the process shall be conducted in like manner as is agreed in the preceding article, as well with respect to the obtaining of judgment, as to the execution thereof; and the citizens of the United States, in all causes between them and the Russian subjects, which shall be tried by any magistrate of a place where the College of Commerce hath no department, shall have a right to appeal from the judgment of the magistrate to that of the College of Commerce, whenever they shall think themselves aggrieved thereby. On the other hand, the Russian merchants within the territories of the United States shall, in their turn, enjoy the same administration of justice as the native citizens.

ARTICLE XVI.

It shall be lawful for the merchants on the one part and on the other, to keep in the places of their abode, or elsewhere, books of their accounts and affairs, and also to maintain an intercourse of letters in any language they please, without being liable to any restraint in these respects. Nor shall they be obliged to show their books or papers to any person whatever, unless it be in the course of justice; and if it should become necessary for them to produce their books or papers for deciding any controversy, in such case, no other articles or parts thereof shall be shown, than such as shall relate to the matter in question, or shall be necessary to give credit to the same books and papers. And it shall not be lawful under any pretence, to take the said books or papers forcibly out of the hands of the owners, or to retain them; the case of bankruptcy always excepted.

ARTICLE XVII.

If any bankruptcies shall happen in Russia, in which any of the citizens of the United States shall be interested, either as creditors or debtors, the creditors shall a.s.semble under the authority of the College of Commerce, and the major part of them, as well with respect to number as to the value of their demands, shall name three or more persons, from among themselves or elsewhere, trustees, who shall take possession of all the effects movable and immovable of such bankrupt, and of his books and papers, and shall examine the same to discover the state of his affairs, and they may decide upon the claims of any one pretending to be a creditor of such a bankrupt, if his claim shall be questioned by any other creditor in whole or in part; and the decision of the major part of such trustees thereupon, shall be final and binding upon all the creditors. The trustees shall have full authority also to demand and receive all debts due to the bankrupt, to sell and dispose of his effects movable and immovable, and shall distribute with all convenient speed the proceeds thereof among all the creditors, in a just proportion to their respective demands and credits, as finally settled and allowed by the trustees, without any preference whatever among the creditors, on account of the different nature of their demands. It is to be understood always, however, that when any immovable estate of the bankrupt shall have been mortgaged and pledged to any creditor, such creditor shall receive the full of his debt before the same estate shall be taken out of his possession and sold for the profit of the other creditors. But, as to movable effects, no right of pledge shall be admitted, unless the thing claimed by any creditor as a pledge for his debt, shall have been actually delivered to him before the bankruptcy was committed, and shall have remained constantly in his hands; in which case, he shall also be paid the whole of his just debt, before he shall be dispossessed of such pledge to be sold for the benefit of the creditors in general. The trustees shall make a report to the College of Commerce in what state they have found the books, papers, and affairs of the bankrupt, and by what means he has failed, and, if they declare him to be an honest man, he shall be immediately discharged.

ARTICLE XVIII.

To multiply the ties, and to establish a more intimate and friendly intercourse between the citizens and subjects of the contracting parties, it is agreed, that whenever any citizen of the United States, resident in any part of Russia, shall a.s.sociate and enter into partners.h.i.+p with any Russian merchant, he shall thereby acquire and be ent.i.tled, for so long time as the said a.s.sociation and partners.h.i.+p shall be continued, all the rights, liberties, privileges, immunities, and exemptions, in navigation, trade, and commerce, of a native subject of Russia. And on the other hand, whenever any Russian merchant resident in any of the territories of the United States, shall a.s.sociate, and enter into partners.h.i.+p, with any merchant or citizen of the United States, he shall thereby acquire and be ent.i.tled to enjoy, for so long a time as the said a.s.sociation and partners.h.i.+p shall be continued, all the rights, liberties, privileges, immunities, and exemptions in navigation, trade, and commerce, of a native citizen of the United States. But the said citizens and subjects, on the one part and on the other, shall not be subjected on such account to any tax or imposition whatever, and they shall also be exempt from all burdens, charges, and services, of what nature soever, which are peculiar to native citizens, and subjects, and burghers, and are not exacted from the most favored nations.

ARTICLE XIX.

All necessary precaution shall be taken, that the brack be trusted to persons of known ability and probity, and the brackers shall be responsible for the quality of the goods, and fraudulent package, and shall be obliged after sufficient proofs produced against them, to make up the losses occasioned by their negligence or fraud. The officers of the customs shall have the charge of examining the clerks or servants of the American merchants residing in Russia, when they cause their goods to be entered, whether they have the orders of their masters in writing for that purpose, and if they have not, they shall not be credited, nor shall their masters be responsible for any entries their clerks or servants may cause to be made in their names, without their orders in writing for the same.

ARTICLE XX.

The citizens and subjects of the one part and on the other, shall have full liberty to remove themselves and their families (if they have any) together with their effects of every kind, whensoever they think fit, out of the territories of the other party; paying their just debts, and the ordinary established duties of exportation, but without being subjected to any extra duties or deduction from their effects, for the right of carrying them out of the territories of such party; and the proper pa.s.sports for their persons and effects shall be granted without unnecessary delay. It is particularly agreed, that pa.s.sports shall be granted to all such citizens of the United States, who being merchants within the Russian dominions, shall desire to quit the same, by the government, at the end of two months after they shall have published their intention of departing in the Gazette of St Petersburg, without their being obliged to give any security whatever, and if within that time there shall not appear any lawful cause to detain them, they shall be permitted to depart freely, with all their effects.

ARTICLE XXI.

There shall be an entire and perfect liberty of conscience allowed to the citizens and subjects of both nations, within the territories of the other party; and in consequence thereof they shall be permitted to wors.h.i.+p freely, either in their own houses, or churches destined and allowed for that purpose by the government, according to the rites of their own religion, nor shall they in any measure be molested therein.

There shall, moreover, be granted liberty whenever any of the citizens or subjects of either party shall die in the territories of the other party, to bury them in the usual burying places, or in decent and convenient grounds, appointed for that purpose, as occasion shall require, and the dead bodies of those who are buried shall not in any measure be disturbed.

ARTICLE XXII.

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 t.i.tles, 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, pa.s.ses, 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 s.h.i.+pping, 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 pa.s.sports 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 pa.s.sengers 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 pa.s.sengers 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 a.s.sistance and relief shall be given to the persons s.h.i.+pwrecked, 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 s.p.a.ce 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 s.h.i.+pwrecked, safe conducts or pa.s.sports for their free pa.s.sage 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 x.x.x.

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 pa.s.sports, sea-letters, and other doc.u.ments 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 x.x.xI.

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.