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WHEREAS by the third article of the treaty of amity, commerce, and navigation, concluded at London on the nineteenth day of November, one thousand seven hundred and ninety-four, between his Britannic majesty and the United States of America, it was agreed that it should at all times be free to his majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either fide of the boundary line assigned by the treaty of peace to the United States, freely to pass and repass, by land or inland navigation, into the respective territories and countries of the two contracting parties on the continent bf America (the country within the limits of the Hudson Bay Company only excepted), and' to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each otiier, subject to the provisions and limitations contained in the said article: And whereas, by the eighth article of the treaty of peace and friendship concluded at Grenville, on the third day of August, one thousand seven hundred and ninety-five, between the United States, and the nations or tribes of Indians called the Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel River, Weeas, Kickapoos, Piankasliaws, and Kaskafkias, it was stipulated that no person fliould be permitted to reside at any of the towns or hunting camps of the said Indian tribes as a trader, who is not furnished with a license for that purpose, under the authority of the United States; which latter stipulation has excited doubts whether
in its operation it may not interfere with the due execution of the said third article of the treaty of amity, commerce, and navigation: and it being the sincere desire of his Britannic majesty, and of the United States, that this point should be so explained as to remove all doubts, and promote mutual satisfaction and friendship: and for this purpose his Britannic majesty having named for his commillioner, Phineas Bond, esq. his majesty's consul general for the middle and southern slates of America (and now his majesty's charge d'affaires to the United States); and the president of the United States having named for their commissioner Timothy Pickering, esq. secretary of state of the United States, to whom, agreeable to the laws of the United States, he has entrusted this negotiation: they, the soul commissioners, having communicated to each other their full powers, have, in virtue of the fame, and conformably to the spirit of the last article of the said treaty of amity, commerce, and navigation, entered into this explanatory article, and do by these presents explicitly agree and declare, that no stipulations in any treaty subsequently concluded by either of the contracting parties with any other state or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse and commerce secured by the aforesaid third article of treaty of amity, commeice, and navigation, to the subjects of his majesty, and to the citizens of the United States, and to the Indians dwelling on either side of the boundary line aforesaid; but that all the said persons mail remain at
full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parlies, on either lide of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the fail I third article of tlic treaty of amity, commerce, and navigation. This explanatory article, when the fame shall have been ratified by his majesty and by the president of the United States, by and with ihe advice and consent os their senate, and the respective ratifications mutually exchanged, shall be added to and make a part of the said treaty of amity, commerce, and navigation, and shall be permanently binding upon his majesty and the United States.
In witness whereof we, the said commissioners of his majesty the king of Great Britain and the United States of America, have signed this explanatory article, and. thereto affixed our seals. Done at Philadelphia, this fourth day of May, in the year of our Lord one thousand seven hundred and ninety-six.
P. Bond, (L. S ) Timothy Pickebing, (L. S.)
And whereas the said explanatory article has by me, by and with the advice and consent of the senate of the United States on the one part, and by his Britannic majesty on the other, been duly approved and ratified, and the ratifications have since, to wit, on the sixth day of October last, been duly exchanged: now therefore, to the end that the said explanatory article may be executed and
observed with punctuality and the molt sincere regard to good faith on the part of the United State*, I hereby make known the premises; and enjoin aud require all persons bearing office, civil or military, within the United States, and all others, citizens or inhabitants thereof, or being within the fame, to execute and observe tbs said explanatory article accord
, In testimony whereof I have
(L. S.) Geo. Washington.
Timothy Pickering, . Secretary of state.
Treaty between his Britannic Maj/fy and the Landgra-vc of Hejse Darn* siadt, signed at Frank fart, the 10th day os June, 1796.
3E it known to those whom it may concern, that bis majesty the king of Great Britain, aud his serene highness the Landgrave of Hesse Darmstadt, in consideration of the strict ties which unite their interests, and having judged that, in the present situation of affairs, it would contribute to the reciprocal welfare of Great Britain, and of the dominions of Hesse Darmstadt, to cement and strengthen, by a new treaty of alliance, the connection which subsists between them, his Britannic majesty, in order to regulate the object relative to this treaty, has thought proper to nominate Cliarles Craufurd, his envoy at the imperial and royal armies; and his serene highness has nominated on his part, for the lame purpose, the baron Charles of Barkhaus, his privy councillor, and director of the council of war ; who, being furnished with the necessary foil powers, have agreed to take tur basis of the present treaty, the one formerly concluded between Great Britain and Hesse, the fifth of October, one thousand seven hundred aud ninety-three, to adopt Inch parts of it as may be applicable to the present circumstances, or to fettle, by new articles, those points which it may be necellary to regulate otherwise: and as it is not pollible to specify each particular case, every thing which shall not appear to be determined in a precise manner, either in the present treaty or in the former treaty, lhall be settled with equity and faith, in conformity to the same principles which have been adopted in former instances.
Art. I. There shall be, therefore, in virtue of this treaty, between his majesty the king of Great Britain and his serene highness the lindgrave of Hesse Darmstadt, their heirs and successors, a strict friendlbip, and a sincere, firm, and constant union, so that the one shall consider the interests of the oiber as his own, and lhall strive to promote them with good faith a?much as poliible, and to prevent and remove all disturbance and injury.
i. His majesty the king of Great Britain desiring to have-in his lci
vice a body of troops, to be employed wherever he may think proper, excepting in the East Indies, or on board the fleet; and his serene highness, wishiug for nothing more than to give his majesty this frelh proof of his attachment, engages, by virtue of this article, to let on foot three battalions of infantry, forming a body of two thousand two hundred and eighty-four men, according to the annexed spucisication. These troops shall be ready to pass in review before his Britannic majesty's commissary the fourteenth day of July of the present year, at Darmstadt, and to begin their march the following day for the place of their destination. The general whom his Britannic majesty (hall appoint commander in chief in the countries where these shall serve, lhall have authority to* employ them, either together or in detachments, and even to disperse them amongst the different islands or districts of his command, in the manner which he shall judge the most advantageous for his majesty's service. It being, notwithstanding, well understood; that these troops (hall always remain under the immediate orders of their own chief*. —The said corps shall consist of men disciplined and exercised, and well armed and equipped.
3. In order to defray the expences to which the serene Landgrave lhall be put for the equipment of the said corps of troops, his Britannic majesty promises to pay to his serene highness for each man thirty crowns banco, the crown being reckoned at fifty-three sols of Holland, or at four (hillings and uiucpenee three farthings English money, of which pavinept (hall be made immediately ancr the review,
full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parties, on cither side of the said boundary line, and freely to carry on trade and commerce with each other, according to the stipulations of the said third article of the treaty of amity, commerce, and navigation.
This explanatory articles when f l\'f. f%% Jr the fame shall have been ratified f//»**-si"* by his majesty and by the president >'r(6ff' of the United States, by and withe advice and consent of t> senate, and the respective rat' tions mutually exchanged be added to and make n palaid treaty of amity, r , and navigation, and I1 manently binding up
tyand the United S*
sooting as his
lo0iat\d crowns banco per annum.
£g payment of this subsidy lhall
te made regularly, without abate
joenU every quarter, to the agent
ofbis highness in London.
6. These troops sliall remain in
its the and wnd.^sCcflary iierein they taken care of, lame footing as the .ilh troops, by their own is and surgeons. The pay . commence from the day of .ie review, according to the effective state in which the said corps shall be delivered, which shall be verified by a table, signed by the respective ministers of the high contracting parties, which stiall have the fame force as if it had been inserted word for word in the present treaty.
•}. As in the before-mentioned table the strength of each company, of which four make a battalion, amounts to one hundred and sixtythree soldiers, it must be observed, that in this number are comprised seven men unarmed, intended, acc rding to the established custom in the Heslian service, to serve as servants to officers; and it is agreed upon that these men lhall nevertheless pass muster as soldiers in every respect.
8. As it is to be feared that, notwith standing the care made use of, it will not be poslible entirely to
his Bri-amiic majesty during six years, and his majesty sliall allow them during this term—i. Every thing that is necessary for their lubsistance; namely, pay, bread, forage, and, ic general all emo
the service and at the disposition of prevent desertion until the arrival
os the troops at the place of embarkation, and his serene highness promising to employ every means in his power that the taid corps ihall be embarked complete, it is agreed upon, that there lhall be at
o supply the
it being well un
tne expences, as well
,.iarch as of the return of
aetachment of cavalry, shall be
defrayed by his majesty.
9. All the objects of pay and maintenance shall be calculated according to the table of the annual review, so that the vacancies happening from one review to another sliali not make any alteration in the state of payment. His majesty shall cause these objects to be paid in advance from two to three months, either by assignments payable in favour of the Hessian commiflioner upon whatever chest of his majesty may be nearest to the laid commission, or in ready, money 10 his serene higbness's agent in London.
10. A fresh review shall take place regularly every year. His majesty lliall give three months notice of the number of recruits necessary to complete the corps, which number (hall be fixed according to the official report of the first day of April, so that the recruits shall be ready to be delivered to the English commissary the 1 st day of July, at the place of the first review, or one month after, at such port in Ger
many, or at such place on the frontiers of the empire, as his majesty may chuse for their reception. The form of their delivery shall be deemed to be that of the new review, and the total of the number of effective men remaining, according to the report of the month of
'uril. added to that of the recruits •:ered to the British commissary,
-■all be considered as the effective state of the new period, and shall not vary until the review of the following year.
11. There stiall be paid, for each recruit, armed, equipped, disciplined, and exercised, the sum of twenty crowns banco; and his highness the Landgrave takes upon himself the expences of transport to the place of embarkation, as well as of escort, which are to be reimbursed by his Britannic majes
12. As during the continuance of this treaty, it will necessarily occur, that officers or soldiers, either for family reasons, on account of preferment, or for sickness, will be obliged to return home, his majesty takes upon himself the expences of their transport in the two former cases, as far as the frontiers of the empire, and in the latter to their own country; his highness promises, in return, to replace the noncommissioned officers and soldiers to (Whom he may give permission to return for any other reason than that of sickness, at his own expeiice, and without requiring the consideration for recruits fixed in the preceding article, reserving to himself nothing but the transport from the frontiers of the empire unto the place of their destination.—Moreover, his highness will never recal an officer or soldier without urgent
K i cauls,.