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full liberty freely to pafs 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 refpective ratifications mutually exchanged, fhall 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 ma-
jefty the king of Great Bri-
tain 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 thou-
fand 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 military, within the United States, and all others, citizens or inhabitants 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 Philadelphia, 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-first.

(L. S.) GEO. WASHINGTON. By the Prefident,

TIMOTHY PICKERING,
Secretary of state.

Treaty between his Britannic Majefty
and the Landgrave of Heffe Darm
Stadt, figned at Frankfort, the 10th
day of June, 1796.

BE it known to those whom it may concern, that his majesty the king of Great Britain, and his ferene highnefs 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 reciprocal welfare of Great Britain, and of the dominions of Heffe Darmstadt, to cement and strengthen, 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 purpose, 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 present treaty, the one formerly concluded between Great Britain and Heffe, the fifth of October, one thousand seven 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 neceffary 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 shall 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 ftrict friendship, and a fincere, firm, and conftant union, fo that the one hall confider the interefts of the other as his own, and fhall ftrive to promote them with good faith as much as poflible, and to prevent and remove all difturbance and in jury.

2. His majefty the king of Great Britain defiring to have in his ferVOL. 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 ferene highnefs, withing for nothing more than to give his majesty this freth 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 fpecification. Thefe troops fhall be ready to pafs in review before his Britan nic majesty's commiffary the fourteenth day of July of the present year, at Darmstadt, and to begin their march the following day for the place of their deftination. The general whom his Britannic majesty fhall appoint commander in chief in the countries where these fhall ferve, shall have authority to employ them, either together or in detachments, and even to difperfe them amongst the different iflands or districts 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 shall always remain under the immediate orders of their own chiefs.

The faid corps fhall confift of men difciplined and exercised, and well armed and equipped.

3. In order to defray the expences to which the ferene Landgrave fhall be put for the equipment of the faid corps of troops, his Britan nic majefty promifes to pay to his ferene highnefs for each man thirty crowns banco, the crown being. reckoned at fifty-three fols of Holland, or at four fhillings and ninepence three farthings English money, of which payment fhall be made immediately after the review,

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and according to the effective state as fhall then be verified. All the camp neceffaries, as likewife all the horfes, waggons, draft-horses, valets de bat, and waggoners, who may be neceffary for the troops, as well for transporting the equipages, provifions, ammunition, utenfils, fick, and other objects of every kind, as for the field-pieces, with their implements, and artillery men, fhall be furnished by his Britannic majefty wherever they may be wanted.

4. Befides the levy-money ftipuJated in the preceding article, his Britannic majefty fhall caufe to be paid to every officer, as alfo to every one employed, not a fighting man of equal rank, the fum of three months pay according to his rank, and upon the fame footing as his national troops, in order to facilitate the expence of his private equipment, which payment fhall be made immediately after the fignature of the present treaty.

5. His majefty the king of Great Britain engages himfelf, in like manner, to pay to the ferene Landgrave an annual fubfidy during the fix years this treaty is to continue. This fubfidy fhall commence from the day of the fignature, and it fhall be paid at the rate of eighty thousand crowns banco per annum. The payment of this fubfidy fhall be made regularly, without abatement, every quarter, to the agent of his highness in London.

6. Thefe troops fhall remain in the service 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

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luments, as well ordinary as extraordináry, attached to every rank on the fame footing that he allows them to his British troops in the different places of their deftination and for this purpose the statements of payment fhall be annexed to the prefent treaty. 2. Medicines and fuftenance for the fick and wounded, with a place and the neceffary means of conveyance wherein they may be treated and taken care of, precifely on the fame footing as the national British troops, by their own phyficians and furgeons. The pay hall commence from the day of the review, according to the effective ftate in which the faid corps fhall be delivered, which fhall be verified by a table, figned by the respective minifters of the high contracting parties, which hall 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 company, of which four make a battalion, amounts to one hundred and fixtythree foldiers, it must be obferved, that in this number are comprised feven men unarmed, intended, according to the established custom in the Heffian fervice, to serve as fervants to officers; and it is agreed upon that these men fhall neverthelefs pafs mufter as foldiers in every respect.

8. As it is to be feared that, notwith ftanding the care made ufe of, it will not be poffible entirely to prevent desertion until the arrival of the troops at the place of enbarkation, 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 shall be at

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the faid review ten fupernumerary men per company, to fupply the place of deferters on the march; fo that, in cafe, on the arrival of the corps at the port, the number of fupernumeraries fhall exceed that of the deferters, the remainder may be diftributed amongst the battalions, and added to the amount, in order to increase, in fuch cafe, the levy money, pay, &c. and his highnefs engages himself moreover to caufe the faid corps to be efcorted by a detachment of cavalry, in order to pick up deferters, 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, fhall be defrayed by his majefty.

9. All the objects of pay and maintenance fhall be calculated according to the table of the annual review, fo that the vacancies happening from one review to another ihall not make any alteration in the ftate of payment. His majefty fhall caufe thefe 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 majesty may be nearest to the faid commiffion, or in ready money to his ferene highness's agent in London.

10. A fresh review fhall 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

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many, or at fuch place on the frontiers of the empire, as his majefty may chufe for their reception. The form of their delivery fhall 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 commiffary, fhall be confidered as the effective ftate of the new period, and shall not vary until the review of the' following year.

11. There fhall be paid, for each recruit, armed, equipped, difciplined, and exercised, the fum of twenty crowns banco; and his highness the Landgrave takes upon himself the expences of tranfport to the place of embarkation, as well as of efcort, 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 sickness, 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 promifes, in return, to replace the noncommiffioned officers and foldiers to whom he may give permiffion to return for any other reason than that of fick nefs, 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 highnefs will never recal an officer or foldier without urgent K 2

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cause, or without having acquainted his majefty thereof; and he will take care that the number of officers thall be always complete.

13. The most ferene Landgrave being at the charge of furnishing the faid corps with arms and cloathing, in confequence of the pay upon the footing of English troops, as agreed upon in thefe articles, his majesty shall cause indemnification to be made for fuch lofs only in cloathing, arms, and accoutrements, as fhall be occafioned by fome accident of war or voyage; as well as for every expence incurred in the transport of the feveral articles to the troops, and alfo of every thing they may stand in need of. It being well understood that the aforefaid articles fhall be delivered to the English commiffary at the fame time as the recruits of the year, in order that the fame veffel may convey both.

14. In case an officer fhall lofe his equipage, either on his rout or by fome accident of war, his majefty fhall grant him the fame indemnification as English officers are allowed in fimilar cafes.

15. As foon as his ferene highnefs fhall have put the corps in a ftate to march, within the term agreed upon, he fhall be confidered as having fulfilled his preliminary engagements; fo that the payment of the levy money, fubfidy, and pay fhall take place according to the aforefaid determination, even in cafe his majefty, on accoust of fome unforeseen event, fhould not think proper to have the corps reviewed, or to cause it to march or embark.

16. If before the period of the review, his Britannic majefty fhall find himself difpofed to renounce this treaty entirely, his ferene high

nefs fhall receive, under the title of indemnification; 1ft the levy money. 2d. The equipage money allowed to the officers. 3d. Three months pay for the whole of the troops, according to the table annexed to the fecond article, &c. 4th. One year's fubfidy.

17. At the end of fix years, his Britannic majefty fhall fend back the corps at the difpofal of his highnefs, in the fame ftate in which it was taken into his fervice, and being at the entire expence of transport until their arrival at Darmftadt. It being understood that his majefty fhall not pay the levy money for the men who may be wanting at that time, except in the cafe where he shall have failed to inform the ferene Landgrave of it fix months before hand, in order to fave his highness the expence of a new completion. If by accident the return fhould be retarded, the treaty shall be tacitly prolonged for one year, in every refpect, and a certain fum fhall be agreed upon as an equivalent for levy money, in proportion to the present arrangement.

18. If his majefty fhould think proper, after the expiration of the fix years fixed for the duration of this treaty, to keep the faid corps for fome years longer, his highness confents to it beforehand; and as it will be then only neceffary to make an arrangement refpecting the levy and equipage-money for the officers, which will be calcu-. lated according to the proportions of the prefent treaty.

19. His ferene highness reserves to himself the jurifdiction over his troops, as well as all difpofitions refpecting promotion, difcipline, and interior adminiftration. 20. His

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