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 commissioner, Phineas Bond, esq. his majesty's consul general for the middle and southern states 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 said commissioners, having communicated to each other their full pow ers, have, in virtue of the same, 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 arti ticle of treaty of amity, commerce, 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 shall remain at 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 side 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 of 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 other, 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, Miamies, Eel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was stipulated that no person should be permit ted 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 full full liberty freely to pass and repass, by land or inland navigation, into the respective territories and countries of the contracting parties, on ether 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 article, when the same shall have been ratified by his majesty and by the president of the United States, by and with the advice and consent of 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 Bri tain and the United States of America, have signed this explanatory article, and thereto affixed cur 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 PICKERING. (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 most sincere regard to good faith on the part of the United States, I hereby make known the premises; and enjoin and require all persons bearing office, civil or military, within the United States, and all others, citizens or inhabitants thereof, or being within the same, to execute and observe the said explanatory article accordingly. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. Given at the city of Philadelphia, the fourth day of November, in the year of our Lord one thousand seven hundred and ninety-six, and of the independence of the United States of America the twenty-first. TIMOTHY PICKERING, Treaty between his Britannic Majesty and the Landgrave of Hesse Darmstadt, signed at Frankfort, the 10th day of June, 1790. Be it known to those whom it may concern, that his majesty the king of Great Britain, and 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 Charles Craufurd, his envoy at the imperial and royal armies; and his serene highness has nominated, on his part, for the same purpose, the baron Charles of Barkhaus, his privy counsellor, and director of the council of war; who, being furnished with the necessary full powers, have agreed to take for basis of the present treaty, the one formerly concluded between Great Britain and Hesse, the fifth of October, one thousand seven hundred and ninety-three, to adopt such parts of it as may be applicable to the present circumstances, or to settle, by new articles, those points which it may be necessary to regulate otherwise and as it is not possible 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, shall be settled with equity and faith, in conformity to the same principles which have been adopted in former instances. ART. 1. There shall be, therefore, in virtue of this treaty, between his majesty the king of Great Britain and his serene highness the landgrave of flesse Darmstadt, their heirs and successors, a strict friendship, and a sincere, firm, and constant union, so that the one shall consider the interests of the other as his own, and shall strive to promote them with good faith as much as possible, and to prevent and remove all disturbance and injury. 2. His majesty the king of Great Britain desiring to have in his serVOL. XXXVIII. 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, wishing for nothing more than to give his majesty this fresh proof of his attachment, engages, by virtue of this article, to set on foot three battalions of infantry, forming a body of two thousand two hundred and eighty-four men, according to the annexed specification. These troops shall be ready to pass in review before his Britan nic 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 shall appoint commander in chief in the countries where these shall serve, shall 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 shall always remain under the immediate orders of their own chiefs. -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 shall 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 shillings and ninepence three farthings English money, of which payment shall be made immediately after the review, K and 4. Besides the levy-money stipulated in the preceding article, his Britannic majesty shall cause to be paid to every officer, as also to every one employed, not a fighting man of equal rank, the sum of three months pay according to his rank, and upon the same footing as his national troops, in order to facilitate the expence of his private equipment, which payment shall be made immediately after the signature of the present treaty. 5. His majesty the king of Great Britain engages himself, in like manner, to pay to the serene Landgrave an annual subsidy during the six years this treaty is to continue. This subsidy shall commence from the day of the signature, and it shall be paid at the rate of eighty thousand crowns banco per annum. The payment of this subsidy shall be made regularly, without abatement, every quarter, to the agent of his highness in London. luments, as well ordinary as extraordinary, attached to every rank on the same footing that he allows them to his British troops in the dif ferent places of their destination; and for this purpose the statements of payment shall be annexed to the present treaty. 2. Medicines and sustenance for the sick and wounded, with a place and the necessary means of conveyance wherein they may be treated and taken care of, precisely on the same footing as the national British troops, by their own physicians and surgeons. The pay shall commence from the day of the 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 shall have the same force as if it has been inserted word for word in the present treaty. 6. These troops shall remain in the service and at the disposition of his Britannic majesty during six years, and his majesty shall allow them during this term-1. Every thing that is necessary for their subsistence; namely, pay, bread, forage, and, in general, all emo 7. As in the before-mentioned table the strength of each compa. ny, 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, according to the established custom in the Hessian service, to serve as servants to officers, and it is agreed upon that these men shall never theless pass muster as soldiers in every respect. 8. As it is to be feared that, not. withstanding the care made use of, it will not be possible entirely to prevent desertion until the arrival of the troops at the place of embarkation, and his serene highness promising to employ every means in his power that the said corps shall be embarked complete, it is agreed upon, that there shall be at the the said review ten supernumerary men per company, to supply the place of deserters on the march; so that, in case, on the arrival of the corps at the port, the number of supernumeraries shall exceed that of the deserters, the remainder may be distributed amongst the battalions,and added to the amount, in order to increase, in such case, the levy money, pay, &c. and his highness engages himself moreover to cause the said corps to be escorted by a detachment of cavalry, in order to pick up deserters, procure quarters, &c. &c. it being well understood that the expences, as well of the march as of the return of the detachment 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 shall 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 commissioner upon whatever chest of his majesty may be nearest to the said commission, or in ready money to his serene highness's agent in London. 10. A fresh review shall take place regularly every year. His majesty shall give three months notice of the number of recruits necessary to complete the corps, which number shall 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 1st 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 April, added to that of the recruits delivered to the British commissary, shall be considered as the effective state of the new period, and shall not vary until the review of the following year. 11. There shall 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 majesty. 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 expence, 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 2 cause, |