WHEREAS by the third article of the treaty of amity, commerce, and navigation, concluded at London on the nineteenth day of November, one thousand feven hun dred and ninety-four, between his Britannic majefty and the United States of America, it was agreed that it should at all times be free to his majefty's fubjects, and to the citizens of the United States, and also to the Indians dwelling on either fide of the boundary line affigned by the treaty of peace to the United States, freely to pass and repafs, by land or inland navigation, into the refpective territories and countries of the two contracting parties on the continent of America (the country within the limits of the Hudfon 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, fubject to the provifions and limitations contained in the faid article: And whereas, by the eighth article of the treaty of peace and friendship concluded at Grenville, on the third day of Auguft, one thousand feven 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, Piankafhaws, and Kafkafkias, it was ftipulated that no perfon fhould be permitted to refide at any of the towns or hunting camps of the faid Indian tribes as a trader, who is not furnished with a license for that purpofe, under the authority of the United States; which latter ftipulation has excited doubts whether in its operation it may not interfere with the due execution of the faid third article of the treaty of amity, commerce, and navigation and it being the fincere defire of his Britannic majefty, and of the United States, that this point fhould be fo explained as to remove all doubts, and promote mutual fatisfaction and friendship: and for this purpofe his Britannic majesty having named for his commitlioner, Phineas Bond, efq. his majesty's conful general for the middle and fouthern ftates of America (and now his majesty's charge d'affaires to the United States); and the prefident of the United States having named for their commiffioner Timothy Pickering, efq. fecretary of state of the United States, to whom, agreeable to the laws of the United States, he has entrusted this negotiation they, the faid commiffioners, having communicated to each other their full powers, have, in virtue of the fame, and conformably to the spirit of the laft article of the faid treaty of amity, commerce, and navigation, entered into this explanatory article, and do by thefe prefents explicitly agree and declare, that no ftipulations in any treaty fubsequently concluded by either of the contracting parties with any other ftate or nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourfe and commerce fecured by the aforefaid third article of treaty of amity, commerce, and navigation, to the fubjects of his majefty, and to the citizens of the United States, and to the Indians dwelling on either fide of the boundary line aforefaid; but that all the faid perfons shall remain at full full liberty freely to país and repaís, by land or inland navigation, into the refpective territories and countries of the contracting parties, on either fide of the faid boundary line, and freely to carry on trade and commerce with each other, according to the ftipulations of the faid third article of the treaty of amity, commerce, and navigation. This explanatory article, when the fame hall have been ratified by his majefty and by the prefident of the United States, by and with the advice and confent of their fenate, and the respective ratifications mutually exchanged, thall be added to and make a part of the faid treaty of amity, commerce, and navigation, and fhall be permanently binding upon his majefty and the United States. In witnefs whereof we, the faid commiffioners of his majefty the king of Great Britain and the United States of America, have figned this explanatory article, and. thereto affixed our feals. Done at Philadelphia, this fourth day of May, in the year of our Lord one thoufand feven hundred and ninety-fix. P. BOND, (L. S) TIMOTHY PICKERING, (L. S.) And whereas the faid explanatory article has by me, by and with the advice and confent of the fenate of the United States on the one part, and by his Britannic majefty on the other, been duly approved and ratified, and the ratifications have fince, to wit, on the fixth day of October laft, been duly exchanged: now therefore, to the end that the faid explanatory article may be executed and obferved with punctuality and the moft fincere regard to good faith on the part of the United States, I hereby make known the premifes; and enjoin and require all perfons bearing office, civil or mi litary, within the United States, and all others, citizens or inhabi tants thereof, or being within the fame, to execute and obferve the faid explanatory article accordingly. In teftimony whereof I have caufed the feal of the United States to be affixed to thefe prefents, and figned the fame with my hand. Given at the city of Philadel phia, the fourth day of November, in the year of our Lord one thoufand feven hundred and ninety-fix, and of the independence of the United States of America the twenty-firft. (L. S.) GEO. WASHINGTON. By the Prefident, TIMOTHY PICKERING, Treaty between his Britannic Majefty and the Landgrave of Heffe Darm fadt, figned at Frankfort, the 10th day of June, 1796. BE it known to thofe whom it may concern, that his majefty the king of Great Britain, and his ferene highness the Landgrave of Heffe Darmstadt, in confideration of the ftrict ties which unite their interefts, and having judged that, in the prefent fituation of affairs, it would contribute to the recipro cal welfare of Great Britain, and of the dominions of Heffe Darmstadt, to cement and ftrengthen, by a new treaty of alliance, the connection which fubfifts between them, his Britannic majefty, 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 ferene highnefs has nominated on his part, for the fame purpofe, the baron Charles of Barkhaus, his privy councillor, and director of the council of war; who, being furnished with the neceffary full powers, have agreed to take for bafis of the prefent treaty, the one formerly concluded between Great Britain and Heffe, the fifth of October, one thoufand feven hundred and ninety-three, to adopt fuch parts of it as may be applicable to the present circumftances, or to fettle, by new articles, thofe points which it may be neceflary to regulate otherwife: and as it is not poffible to specify each particular cafe, every thing which fhall not appear to be determined in a precife manner, either in the prefent treaty or in the former treaty, fhall be fettled with equity and faith, in conformity to the fame principles which have been adopted in former inftances. ART. 1. There fhall be, therefore, in virtue of this treaty, between his majefty the king of Great Britain and his ferene highness the landgrave of Heffe Darmfladt, their heirs and fucceffors, a strict friendthip, and a fincere, firm, and conftant union, fo that the one fhall confider the interefts of the other as his own, and shall strive to promote them with good faith as much as poffible, and to prevent and remove all difturbance and injury. 2. His majefty the king of Great Britain defiring to have-in his ferVOL. XXXVII. vice a body of troops, to be employed wherever he may think proper, excepting in the Eaft Indies, or on board the fleet; and his ferene highness, wishing for nothing more. than to give his majefty this freth proof of his attachment, engages, by virtue of this article, to fet on foot three battalions of infantry, forming a body of two thousand two hundred and eighty-four men, according to the annexed fpecification. Thefe troops fhall be ready to pafs in review before his Britan nic majefty's commiffary the fourteenth day of July of the prefent year, at Darmstadt, and to begin their march the following day for, the place of their deftination. The general whom his Britannic majesty hall appoint commander in chief in the countries where thefe fhall ferve, fhall have authority to employ them, either together or in detachments, and even to disperse them amongst the different iflands or diftricts of his command, in the manner which he fhall judge the moft advantageous for his majesty's fervice. It being, notwithstanding, well understood, that these troops thall always remain under the inmediate orders of their own chiefs. The faid corps thall consist of men difciplined and exercifed, and well armed and equipped. 3. In order to defray the expences to which the ferene Landgrave thall be put for the equipment of the faid corps of troops, his Britan nic majetty promifes to pay to his ferene highness for each man thir, ty crowns banco, the crown being reckoned at fifty-three fols of Holland, or at four thillings and ninepence three farthings English money, of which payment thall be made immediately after the review, K and: full liberty freely to pass and repafs, by land or inland navigation, into the refpective territories and countries of the contracting parties, on either fide of the faid boundary line, and freely to carry on trade and commerce with each other, according to the ftipulations of the faid third article of the treaty of amity, commerce, and navigation. obferved with pu ATE PAPER3. ན པ ན བྲག འཐུནཱཡཱ དན རེགརཱ བྦར་ ak WS lif n; ents the and und eceffary nerein they taken care of, iame footing as the th troops, by their own as and furgeons. The pay commence from the day of ne review, according to the effective ftate in which the faid corps fhall be delivered, which fhall be verified by a table, figned by the refpective minifters of the high contracting parties, which fall have the fame force as if it had been inferted word for word in the prefent treaty, 7. As in the before-mentioned table the ftrength of each compa His majefty the king of Great ny, of which four make a battalion, Britain engages himself, in like amounts to one hundred and fixtymanner, to pay to the ferene Land- three foldiers, it must be observed, are an annual fubiidy during the that in this number are comprised feven men unarmed, intended, ac This fubfidy fhall commence from cording to the eftablished custom the day of the fignature, and it in the Heflian fervice, to ferve as hall be paid at the rate of eighty fervants to officers; and it is agreed thonfand crowns banco per annum. upon that thefe men thall neverThe payment of this fubfidy fhall thelefs pafs mutter as foldiers in be made regularly, without abate- every refpect. ment, every quarter, to the agent of his highnefs in London. 6. Thefe troops fhall remain in the fervice and at the difpofition of his Britannic majefty during fix years, and his majefty fhall allow them during this term-1. Every thing that is neceffary for their fubfiftance; namely, pay, bread, forage, and, in general all emo 8. As it is to be feared that, notwith ftanding the care made ufe of, it will not be poffible entirely to prevent defertion until the arrival of the troops at the place of embarkation, and his ferene highness promifing to employ every means in his power that the faid corps fhall be embarked complete, it is agreed upon, that there thall be at the PAPERS. his vice a body of troops, to be employ ed wherever he may think proper, pting in the East Indies, or on be feet; and his trene thing for nothing more majetty this troth gent, engages, to fet un 6:1] many, or at fuch place on the fron tiers of the empire, as his majesty may chufe for their reception. The form of their delivery fhall be umber deemed to be that of the new reeed view, and the total of the number of effective men remaining, according to the report of the month of pril, added to that of the recruits cort valry, in ers, procure it being well un the expences, as well arch as of the return of detachment of cavalry, fhall be defrayed by his majesty. 9. All the objects of pay and maintenance shall be calculated according to the table of the annual review, fo that the vacancies happening from one review to another hall not make any alteration in the ftate of payment. His majefty thall cause these objects to be paid in advance from two to three months, either by affignments payable in favour of the Heffian commiffioner upon whatever cheft of his majefty may be nearest to the faid commiffion, or in ready money to his ferene highness's agent in London. r yered to the British commiffary, all be confidered as the effective fiate of the new period, and fhall not vary until the review of the following year. 11. There fhall be paid, for each recruit, armed, equipped, difciplined, and exercifed, the fum of twenty crowns banco; and his highnefs the Landgrave takes upon himself the expences of tranfport to the place of embarkation, as well as of escort, which are to be reimbursed by his Britannic majes ty. 12. As during the continuance of this treaty, it will neceffarily occur, that officers or foldiers, either for family reafons, on account of preferment, or for ficknefs, will be obliged to return home, his majef ty takes upon himself the expences of their transport in the two former cafes, as far as the frontiers of the empire, and in the latter to their own country; his highness pronifes, in return, to replace the noncommiflioned officers and foldiers to whom he may give permiffion to return for any other reafon than that of fickness, at his own expence, and without requiring the confideration for recruits fixed in the preceding article, referving to himself nothing but the tranfport from the frontiers of the empire unto the place of their deftination-Moreover, his highness will never recal an officer or foldier without urgentK. 2 10. A fresh review shall take place regularly every year. His majefty fhall give three months notice of the number of recruits neceffary to complete the corps, which number fhall be fixed according to the official report of the first day of April, fo that the recruits fhall be ready to be delivered to the English commiffary the ift day of July, at the place of the first review, or one month after, at fuch port in Ger cause, |