the two latter and the former. His Danish majesty, on his part, regulates his conduct in this particular, by the first article of his treaty with England, and by the 26th and 27th of that subsisting between his said majesty and the king of France, extending the provisions made in the latter to the Catholic king; there being no treaty ad hoc, between Denmark and Spain."

ARTICLE III. "And whereas, by this means, the word contraband, conformable to the treaties now extant, and the stipulations made between the contracting powers, and those that are now at war, is fully explained; especially by the treaty between Russia and England, of the 20th of June, 1766; between the latter and Denmark, of the 11th of July, 1670; and between their Danish and most Christian majesties, of August 23d, 1642; the will and opinion of the high contracting powers are, that all other trade whatsoever shall be deemed, and remain free and unrestrained.

"By the declaration delivered to the belligerent powers, their contracting majesties have already challenged the privileges founded on Natural Right, whence spring the Freedom of Trade and Navigation, as well as the Right of Neutral Powers: and being fully determined not to depend in future merely on an arbitrary interpretation, devised to answer some private advantages or concerns, they mutually covenanted as followeth :

"1st. That it will be lawful for any ship, whatever, to sail freely from one port to another, or along the coasts of the powers now at war.

"2nd. That all merchandize and effects belonging to the subjects of the said belligerent powers, and shipped on neutral bottoms, shall be entirely free; except contraband goods.

"3d. In order to ascertain what constitutes the blockade of any place or port, it is to be understood to be in such predicament, when the assailing power has taken such a station, as to expose to imminent danger, any ship or ships that would attempt to sail in or out of the said ports.

"4th. No neutral ship shall be stopped, without a material and well-grounded cause: and in such cases, justice shall be done to them, without loss of time; and besides indemnifying, each and every time, the party aggrieved or thus stopped with

out sufficient cause, full satisfaction shall be given to the high contracting powers, for the insult offered to their flag."

ARTICLE IV. "In order to protect officially the general trade of their respective subjects, on the fundamental principles aforesaid, her imperial and his royal majesty have thought proper, for effecting such purpose, each respectively to fit out a proportionate rate of ships of war and frigates. The squadron of each of the contracting powers shall be employed in escorting convoys, according to the particular circumstances of the navigators and traders of each nation.

ARTICLE V.-"Should any of the merchantmen belonging to the subjects of the contracting powers, sail in a latitude where there shall be no ships of war of their own nation, and thus be deprived of the protection; in such case, the commander of the squadron belonging to the other friendly power shall, at the request of said merchantmen, grant them sincerely, and bona fide, all necessary assistance. The ships of war and frigates, of either of the contracting powers, shall thus protect and assist the merchantmen of the other: provided nevertheless, that, under the sanction of such required assistance and protection, no contraband shall be carried on, nor any prohibited trade, contrary to the Laws of Neutrality."

ARTICLE VI. "The present convention cannot be supposed to have any relative effect; that is, to extend to the differences that may have arisen since its being concluded, unless the controversy should spring from continual vexations, which might tend to aggrieve and oppress all the European nations."

ARTICLE VII.-"If, notwithstanding the cautions and friendly care of the contracting powers, and their steady adherence to an exact Neutrality, the Russian and Danish merchantmen should happen to be insulted, plundered, or captured by any of the armed ships or privateers, belonging to any of the belligerent powers: in such case, the ambassador or envoy of the aggrieved party, to the offending court, shall claim such ship or ships, insisting on a proper satisfaction, . . . . . and never neglect to obtain a reparation for the insult offered to the flag of his court. The minister of the other contracting power shall at the same time, in the most efficacious and vigorous manner, defend such requisitions, which shall be supported by both parties with unanimity. But in case of any refusal, or even delay in redress

ing the grievances complained of; then their majesties will retaliate against the power that shall thus refuse to do them justice, and immediately agree together on the most proper means of making well-founded reprisals."

ARTICLE VIII.-"In case either of the contracting powers, or both at the same time, should be in any manner aggrieved or attacked, in consequence of the present convention, or for any reason relating thereto; it is agreed, that both powers will join, act in concert for their mutual defence, and unite their forces, in order to procure to themselves an adequate and perfect satisfaction, both in regard to the insult put upon their respective flags, and the losses suffered by their subjects."

ARTICLE IX.-"This convention shall remain in force for and during the continuance of the present war; and the obligation enforced thereby, will serve as the ground-work of all treaties that may be set on foot hereafter: according to future occurrences, and on the breaking out of any fresh maritime wars which might unluckily disturb the tranquillity of Europe. Meanwhile, all that is hereby agreed upon, shall be deemed as binding and permanent, in regard both to mercantile and naval affairs; and shall have the force of Law, in determining the rights of Neutral Nations."

ARTICLE X.-" The chief aim and principal object of the present convention being to secure the Freedom of Trade and Navigation, the high contracting powers have antecedently agreed, and do engage to give to all other neutral powers free leave to accede to the present treaty, and, after a thorough knowledge of the principles on which it rests, share equally in the obligations and advantages thereof."

ARTICLE XI.-"In order that the powers, now at war, may not be ignorant of the strength and nature of the engagements entered into by the two courts aforesaid, the high contracting parties shall give notice, in the most friendly manner, to the belligerent powers, of the measures by them taken; by which, far from meaning any manner of hostility, or causing any loss or injury to other powers, their only intention is to protect the trade and navigation of their respective subjects."

ARTICLE XII.—"This convention shall be ratified by the contracting powers, and the ratifications interchanged between the parties in due form, within the space of six weeks, from

the day of its being signed, or even sooner, if possible. In witness whereof, and by virtue of the full powers granted us for the purpose, we have put our hands and seals to the present treaty.

"Given at Copenhagen, July the 19th, 1780.

"CHARLES D'OSTEN, called SOKEN.

"J. SCHACK RATLAU.

"A. P. COMTE BERNSTORFF.

"O. THOFT.

"H. EIKSTEDT.

"Acceded to, and signed by the Plenipotentiaries of the court of Sweden, at St. Petersburg, 21st of July, 1780: and by the States-General accepted, November 20th, 1780; and signed at St. Petersburg, January 5th, 1781, with the addition only of article. . . . .”

ARTICLE XIII. "If the respective squadrons, or ships of war, should meet or unite to act in conjunction, the command in chief will be regulated according to what is only commonly practised between the crowned heads and the republic."

II.

TREATIES AND CONVENTIONS WITH EUROPEAN STATES.

PLAN OF TREATIES.

(Secret Journals of Congress, Foreign Affairs, II., 6, September 17, 1776.)

"Congress took into consideration the plan of treaties to be proposed to foreign nations, with the amendments agreed to by the committee of the whole; and thereupon,

"Resolved. That the following plan of a treaty be proposed to his most christian majesty:

"PLAN OF A TREATY WITH FRANCE.

"There shall be a firm, inviolable, and universal peace, and a true and sincere friendship, between the most serene and mighty prince, Lewis the sixteenth, the most christian king, his heirs and successors, and the United States of America; and the subjects of the most christian king, and of the said states; and between the countries, islands, cities and towns, situate under the jurisdiction of the most christian king, and of the said United States, and the people and inhabitants thereof of every degree; without exception of persons or places. And the terms herein mentioned, shall be perpetual between the most christian king, his heirs and successors, and the said United States."

ARTICLE I. (The subjects of France to pay no other duties than natives pay, and to enjoy all the rights and privileges in

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