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,
In my last, I had the honor to transmit to you a copy of the answer which I had received to my Memorial, and my reply to it. Things remain in the same state, as we have no news of the conclusion of peace under the mediation of their Imperial Majesties. This delay is supposed to arise from some difficulties still subsisting between Great Britain and the United Provinces respecting their affairs in the East Indies, and though the latter are not concerned (any more than the United States) in the mediation, yet France will not probably conclude her definitive treaty till Great Britain and the United Provinces have agreed upon their terms. To give time for this, was not the least object which France had in view by the present mediation.
Notwithstanding the language of all the gazettes in Europe respecting an adjustment of affairs between the Imperial Courts and the Porte being at hand, it is still thought here, that the war between the latter and this empire, at least, is inevitable. Should the Emperor take a part in it, we shall see this continent in a flame. The naval reinforcements intended to be sent from hence into the Mediterranean, are stopped most certainly on account of an opposition from the quarter mentioned in mine of May 30th. Though in my last, by the references there made, I have pointed out the general object of the war with the Porte, on the part of the Imperial Courts, yet there are some particulars relative to the Empress, of which you are not particularly informed, I will give them to you by the first safe opportunity. I shall have one in about a month by Mr Allen, a merchant of Boston, who arrived here last week, and proposes to return to America about that time. The journey of the Empress into Finland, as mentioned in my last, has been postponed on account of a hurt the King of Sweden received from a fall from his horse; it will take place in a few days.
The flag of the United States is now displayed at Riga, upon a ship of five hundred tons, commanded by a Captain McNeil, belonging to Massachusetts, who arrived there on the first instant from Lisbon with salt, an article permitted in that port though prohibited here. This is the only arrival of any American vessel in any part of this empire. She carries out hemp only, it being the only article with which she can be furnished there proper for our markets. This demand comes very seasonably to destroy the allegations of those who had endeavored to promote their particular interests at the expense of ours, and also to support the contrary representation which I had constantly made of our commerce. Cordage may indeed be had at Riga, as well as hemp, but both of them are dearer than in this port. They are, however, of a better quality, but they are seldom exported on private account, as the difference of the price is thought to be too great for that of the quality. The Admiralty of England prefers them. I mention these circumstances as they may give some useful information, not only to the Admiralty of the United States, but to our private merchants. The one may seek them, the other may avoid them. A vessel owned partly in Ireland, and partly by a Mr Wharton and others, of Philadelphia, I am told, will sail from hence for Philadelphia in about a month. Mr Allen will take his passage in one of the two abovementioned vessels.