CHAPTER XIII.

TREATIES OF 1783-1816-1828 WITH SWEDEN.

Sweden, only power that voluntarily offered its friendship to Congress of confederation-No applications specially made to Northern Powers in early part of war-M. de Creutz offered in '82 to make a treaty-Treaty of Paris of '83—Provisions similar to that of Netherlands-No minister till 1813-M. de Kantzow--Jonathan Russell of Massachusetts-Demand for property confiscated at Stralsund-Relations friendly with Sweden-Russell makes treaty in 1816 with Sweden-Renews the subject of the claims-CorrespondenceSettled by private contract-Mr. Hughes and Mr. Appleton, chargés -Treaty of 1827-Stackelberg charge from Sweden.

SWEDEN is the only power in Europe, that, voluntarily, offered its friendship to the United States. Without being solicited, proposals were made for a treaty before the independence of the colonies was even recognised by Great Britain. A general authority was given to the commissioners abroad, Franklin, Adams, Jay and Laurens to conclude treaties of amity and commerce, but in the early part of the revolution war, Congress did not direct applications specially. to be made to any of the northern powers. And most of the other courts, to whom agents were sent, either refused to receive them, or contrived, under some pretext or other, to avoid all appearance of giving aid or countenance to the American confederacy. This caution or indifference cannot be matter of censure or surprise. Few European courts probably thought, at the commencement of the revolution, that the colonies could prevail; few chose to take the risk of involving themselves in a maritime war with England. With the name of colonies, weakness and subjection were then naturally associated.

The conduct of Sweden was marked with frankness, and

with a very friendly character. America could not expect much aid from that country, or suppose that her example could have a great deal of influence on other nations. But it was highly gratifying that a state renowned as Sweden always has been, for the bravery and love of independence of her people, should manifest a sympathy in the arduous struggles for liberty of a distant country. The proposal for a treaty was entirely unsought for on the part of Congress. The only account, we possess of the transaction, is in one of the letters of Dr. Franklin. The Swedish minister at Paris, the Count de Creutz, called on him towards the end of June 1782, by the direction of his sovereign, Gustavus III., to enquire, if he was furnished with the necessary powers to conclude a treaty with Sweden. In the course of the conversation he remarked, "that it was a pleasure to him to think, and he hoped it would be remembered, that Sweden was the first power in Europe, which had voluntarily offered its friendship to the United States without being solicited." Dr. Franklin communicated the application of the Swedish envoy to Congress, and instructions were shortly after sent him to agree on a treaty. The treaty was concluded at Paris on the 3d April 1783, by Dr. Franklin with the Count Gustavus Philip de Creutz, and in its provisions it resembles others made, with the powers of Europe at that time.*

* The original treaty, consisting of 27 articles, to which five separate articles were added the same day, was limited to fifteen years. For its provisions and details we refer particularly to the treaty made with the Netherlands, in 1782.

the

"The king of Sweden, of the Goths and Vandals, &c. &c. &c. and the thirteen United States of North America, to wit: New-Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New-York, New Jersey, Pennsylvania, the counties of Newcastle, Kent and Sussex, on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, desiring to establish, in a stable and permanent manner, rules which ought to be observed relative to the correspondence and commerce which the two parties have judged necessary to establish between their respective countries, states and subjects; his majesty and the United States have thought that they could not better accomplish that end, than by taking for a basis of their arrangements the

This is the only treaty we have with that country till 1816, but the most friendly relations have, however, been always maintained. The direct commerce to Sweden has

mutual interest and advantage of both nations, thereby avoiding all those burdensome preferences, which are usually sources of debate, embarrassment and discontent, and by leaving each party at liberty to make, respecting navigation and commerce, those interior regulations which shall be most convenient to itself.

"With this view, his majesty the king of Sweden has nominated and appointed for his plenipotentiary count Gustavus Philip de Creutz, his ambassador extraordinary to his most Christian Majesty, and knight commander of his orders; and the United States, on their part, have fully empowered Benjamin Franklin, their minister plenipotentiary to his most Christian Majesty: the said plenipotentiaries, after exchanging their full powers, and after mature deliberation in consequence thereof, have agreed upon, concluded and signed the following articles:

"ART. 2. Neither party to grant favours in commerce, &c. to other nations, that shall not become common to the other party.

"ART. 3. Subjects of Sweden not to pay higher duties, &c. in the ports of the United States, than the most favoured nations.

"ART. 4. Citizens of the United States not to pay higher duties in the ports of Sweden, than the most favoured nations.

"ART. 5. There shall be granted a full, perfect and entire liberty of conscience to the inhabitants and subjects of each party, and no person shall be molested on account of his worship; provided he submits so far as regards the public demonstration of it to the laws of the country. Moreover, liberty shall be granted, when any of the subjects or inhabitants of either party die in the territory of the other, to bury them in convenient and decent places, which shall be assigned for the purpose; and the two contracting parties will provide each in its jurisdiction, that the subjects and inhabitants respectively may obtain certificates of the death, in case the delivery of them is required.

"ART. 6. Citizens of each country, to enjoy in that of the other the rights of devise, donation, and of inheritance, &c. without naturalization.

"ART. 7. Free trade allowed with an enemy. Free ships make goods. Persons, except soldiers in the actual service of an enemy, to be secure in free ships.

"ART. 8. This liberty of navigation and commerce shall extend to all kinds of merchandises, except those only which are expressed in

been quite inconsiderable, though during the commercial restrictions in Europe, a large amount of property was cleared for Swedish ports. The trade with the Swedish West In

the following article, and are distinguished by the name of contraband goods:

"ART. 9. Under the name of contraband or prohibited goods, shall be comprehended arms, great guns, cannon balls, arquebuses, muskets, mortars, bombs, petards, grenadoes, saucisses, pitch balls, carriages for ordnance, musket rests, bandoliers, cannon powder, matches, saltpetre, sulphur, bullets, pikes, sabres, swords, morions, helmets, cuirasses, halberds, javelins, pistols and their holsters, belts, bayonets, horses with their harness, and all other like kinds of arms and instruments of war for the use of troops.

"ART. 10. These which follow shall not be reckoned in the number of prohibited goods; that is to say: all sorts of cloths, and all other manufactures of wool, flax, silk, cotton, or any other materials, all kinds of wearing apparel, together with the things of which they are commonly made, gold, silver coined or uncoined, brass, iron, lead, copper, latten, coals, wheat, barley, and all sorts of corn or pulse, tobacco, all kinds of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oil, wines, sugar, all sorts of salt and provisions which serve for the nourishment and sustenance of man, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sailcloth, anchors, and any parts of anchors, ship masts, planks, boards, beams, and all sorts of trees and other things proper for building or repairing ships; nor shall any goods be considered as contraband, which have not been worked into the form of any instrument or thing for the purpose of war by land or by sea, much less such as have been prepared or wrought up for any other use: all which shall be reckoned free goods, as likewise all others which are not comprehended and particularly mentioned in the foregoing article; so that they shall not by any pretended interpretation be comprehended among prohibited or contraband goods; on the contrary, they may be freely transported by the subjects of the king and of the United States, even to places belonging to an enemy, such places only excepted as are besieged, blockaded, or invested; and those places only shall be considered as such, which are nearly surrounded by one of the belligerent powers.

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"ART. 11. In case of war with a third power, ships and vessels to be furnished with sea letters and certificates.

“Art. 12. Vessels, if required, shall exhibit their sea letters and certificates. Vessels not having contraband goods, may pass. Vessels

dia Islands has been greater than in ordinary times, but this has been nominally increased by employing her neutral ports

under convoy to pass without exhibiting papers, on the word of the commander of the convoy.

“ART. 13. In case of capture for carrying contraband to an enemy, the hatches, &c. not to be broken up at sea. The ship, &c. not to be affected by the contraband on board. On delivery of contraband by the master, the vessel may pursue her voyage. In cases of capture, where the goods are free, the captors to pay costs and damages.

"ART. 14. Goods found in an enemy's ship liable to be confiscated, unless put on board before the declaration of war, or within six months afterwards.

"ART. 15. Commanders of public and private armed vessels, to be answerable in their persons and goods, for injuries done on either side.

"ART. 16. Every person fitting out a privateer, before he receives a commission, to give bond to answer all damages.

"ART. 17. Vessels, &c. of one of the parties, being neutral, recaptured by the other, to be restored on proof.

"ART. 18. Regulations respecting recaptures, &c. in case the two nations should be at war with a common enemy.

"ART. 19. The armed vessels of either party, allowed to enter and freely depart the ports of the other, with their prizes.

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"ART. 20. In case of shipwreck, relief shall be afforded, and goods restored, on paying costs of salvage, if claimed in a year and a day.

"ART. 21. When vessels of either party shall be forced by stress of weather, &c. into ports, &c. of the other, they shall be protected, the persons on board treated with humanity, and freely permitted to depart.

"ART. 22. In case of war, nine months shall be allowed to citizens or subjects to sell, or to transport their effects.

"ART. 23. The citizens or subjects of each party not to take commissions, or letters of marque, from any prince or state, with whom the other is at war, to cruise against either party.

"ART. 24. Ships and vessels of either party coming on the coasts, or entering the ports of the other without wishing to unload, shall not be obliged to break bulk, &c.

“ART. 25. Armed vessels of either party visiting merchant ships of the other, under the right of search, to remain out of cannot shot, and to board only in a boat, with two or three men.

"ART. 26. Each party allowed to have consuls, &c. in the ports of the other."