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4. This verification made, there shall be no pretence for any search, if the papers are found in due form, and if there exists no good motive for suspicion. In the contrary case, the captain of the neutral ship of war (being duly required thereto by the captain of the ship of war, or ships of war, of the belligerent power) is to bring to and detain his convoy during the time necessary for the search of the ships which compose it, and he shall have the faculty of naming and delegating one or more officers selected by the captain of the ship of the belligerent party. If it happen that the captain of the ship or ships of war of the power at war, having examined the papers found on board, and having interrogated the master and crew of the ship, shall see just and sufficient reason to detain the merchant-ship, in order to proceed to an ulterior search, he shall notify that intention to the captain of the convoy, who shall have the power to order an officer to remain on board the ship thus detained, and to assist at the examination of the cause of her detention. The merchant-ship shall be carried immediately to the nearest and most convenient port belonging to the belligerent power, and the ulterior search shall be carried on with all possible diligence.

V. It is also agreed, that if any merchant-ship thus convoyed should be detained without just and sufficient cause, the commander of the ship or ships of war of the belligerent power, shall not only be bound to make to the owners of the ship and of the cargo a full and perfect compensation for all the losses, expenses, damages, and costs, occasioned by such a detention, but shall farther be liable to an ulterior punishment for every act of violence or other fault which he may have committed, according as the nature of the case may require. On the other hand, no ship of war with a convoy shall be permitted, under any pretext whatsoever, to resist by force the detention of a merchant-ship or ships, by the ship or ships of war of the belligerent power; an obligation which the commander of a ship of war with convoy is not bound to observe towards privateers and their fitters-out.

VI. The high contracting powers shall give precise and efficacious orders, that the sentences upon prizes made at sea shall be conformable with the rules of the most exact justice and equity; that they shall be given by judges above suspicion, and who shall not be interested in the matter. The government of the respective states shall take care that the said sen

tences shall be promptly and duly executed, according to the forms prescribed. In case of the unfounded detention, or other contravention of the regulations stipulated by the present treaty, the owners of such a ship and cargo shall be allowed damages proportioned to the loss occasioned by such detention. The rules to observe for these damages, and for the case of unfounded detention, as also the principles to follow for the purpose of accelerating the process, shall be the matter of additional articles, which shall have the same force and validity as if they were inserted in the present act. For this effect, their Imperial and Britannic Majesties mutually engage to put their hand to the salutary work, which may serve for the completion of these stipulations, and to communicate to each other without delay, the views which may be suggested to them by their equal solicitude to prevent the least grounds for dispute in future.

VII. To obviate all the inconveniences which may arise from the bad faith of those who avail themselves of the flag of a nation without belonging to it, it is agreed to establish for an inviolable rule, that any vessel whatever, to be considered as the property of the country, the flag of which it carries, must have on board the captain of the ship, and one-half of the crew of the people of that country, and the papers and passports in due and perfect form; but every vessel which shall not observe this rule, and which shall infringe the ordinances published on that head, shall lose all right to the protection of the contract. ing powers.

VIII. The principles and measure adopted by the present act, shall be alike applicable to all the maritime wars in which one of the two powers may be engaged whilst the other remains neutral. These stipulations shall in consequence be regarded as permanent, and shall serve for a constant rule to the con. tracting powers in matters of commerce and navigation.

IX. His Majesty the King of Denmark, and his Majesty the King of Sweden, shall be immediately invited by his Imperial Majesty, in the name of the two contracting parties, to accede to the present convention, and at the same time to renew and confirm their respective treaties of commerce with his Britannic Majesty; and his said Majesty engages, by acts which shall have established that agreement, to render and restore to each of these powers, all the prizes that have been taken from them, as well as the territories and countries under their domination, which have been conquered by the arms of his Britannic Majesty since

the rupture, in the state in which those possessions were found, at the period at which the troops of his Britannic Majesty entered them. The orders of his said Majesty for the restitution of those prizes and conquests shall be immediately expedited, after the exchange of the ratification of the acts by which Sweden and Denmark shall accede to the present treaty.

X. The present convention shall be ratified by the two contracting parties, and the ratifications exchanged at St. Petersburgh in the space of two months at farthest, from the day of the signature. In faith of which, the respective plenipotentiaries have caused to be made two copies perfectly similar, signed with their hands, and have sealed with their arms.

Done at St. Petersburgh, the 5th (17th) June, 1801. (L. S.) N. COUNT DE PANIN. (L. S.) ST. HELENS.

First separate Article of the Convention with the Court of London, signed the 5th (17th) June, 1801.

The pure and magnanimous intentions of his Majesty the Emperor of all the Russias, having already induced him to restore the vessels and goods of British subjects, which had been sequestered in Russia, his said Majesty confirms that disposition in its whole extent; and his Britannic Majesty engages also, to give immediate orders for taking off all sequestration laid upon the Russian, Danish, and Swedish properties, detained in English ports and to prove still more his sincere desire to terminate amicably the differences which have arisen between Great Britain and the northern courts; and in order that no new incident may throw obstacles in the way of this salutary work, his Britannic Majesty binds himself to give orders to the commanders of his forces by land and sea, that the armistice now subsisting with the courts of Denmark and Sweden, shall be prolonged for a term of three months from the date of this day; and his majesty the Emperor of all the Russias, guided by the same motives, undertakes, in the name of his allies, to have this armistice maintained during the said term.

Second separate Article of the Convention with

the Court of London, signed at St. Petersburgh, the 5th (17th) of June, 1801.

The differences and misunderstandings, which subsisted between his Majesty the Emperor of all the Russias, and his Majesty the King of the United Kingdom of Great Britain and Ireland, being thus terminated, and the precautions taken by the present convention, not giving farther room to fear that they may be able to disturb, in future, harmony and good understanding which the two high contracting parties have at heart to consolidate, their said Majesties confirm anew, by the present convention, the treaty of commerce, of the 10th (February 21, 1797), of which all the stipulations are here repeated, to be maintained in the whole extent.

Additional Articles to the Convention between England and Russia, of the 17th of June, 1801.

It having been resolved, by the 5th article of the convention, concluded on the 17th June, 1801, between his Imperial Majesty of Russia and his British Majesty, that both the high and contracting powers, should mutually agree upon certain separate articles, for the establishing of those rules and principles, which are to be followed with a view to promote a speedy decision in respect to prizes made in the open sea, as well as with respect to the indemnification which is due to the proprietors of neutral ships and cargoes, in case of a groundless detention: their Majesties have, for that purpose, named and vested with full power, his Imperial Majesty of Russia, Alexander Prince Kurakin, his vice-chancellor, &c. and Victor Count Kotschoubey, his actual privy-counsellor, &c.; and his Majesty the King of the United Kingdom of Great Britain and Ireland, Alleyne, Lord Baron St. Helens, peer of the said United Kingdom, &c.; who, by virtue of their respective full powers, have agreed upon the following articles :—

ART. 1. In case of a groundless detention, or other transgression of rules mutually established, there shall be paid to the owners of the ships so detained, and of their cargo, for each day's delay, a recompense in proportion to the loss sustained, reckoning according to the freight of the ship, and the quality of the cargo.

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2. In case the ministers of the contracting parties, or other persons accredited by them, with the belligerent powers, shall happen to complain of the sentence given on such prizes, by the respective courts of admiralty, the business shall be immediately referred by appeal, in Russia, to the directing senate, and in Great Britain to the king in council.

3. Both sides shall carefully examine, whether the regulations and provisions in the present convention have been observed, which must be done in the speediest manner. Both contracting parties engage farther to adopt the most effectual means, to prevent every unnecessary delay in respect to the sentences, to be pronounced in the respective tribunals, on prizes made in the open sea.

4. The effects detained shall neither be sold, nor unloaded before a final sentence, unless in the case of a really pressing necessity, shewn to the court of admiralty by a commission appointed for that purpose; and it shall by no means be permitted to the captors to unload of their own authority, or to carry away any thing from the ships so detained.

These separate articles, which form a part of the convention, signed on the 17th of June, in the names of their imperial Russian and Britannic Majesties, shall have the same force and effect, as if they were word for word inserted in the said convention.

Signed at Moscow, Oct. 20, 1801.

PRINCE KURAKIN.
COUNT KOTSCHOUBEY.
ST. HELENS.

Preliminary Articles of Peace between his Britannic Majesty and the French Republic, signed at London (in English and French), the 1st of October, 1801 (9th Vendemaire, year ten of the French Republic).

His Majesty the King of the United Kingdom of Great Britain and Ireland, and the First Consul of the French republic, in the name of the French people, being animated with an equal desire of putting an end to the calamities of a destructive war, and of re-establishing union and good understanding between

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