fpect; but if the contrary should be the cafe, and your High Mightineffes fhould refufe to comply with fo juft a requeft, or endeavour to pass it over in filence, which will be deemed as a denial, the King cannot but look on the whole Republic as approving of misdeeds, which they would refuse to disavow or punish; and in fuch a cafe his Majefty will think himself obliged to take fuch fteps' as become his dignity, and the interefts of his fubjects.

"Written at the Hague, Nov. 10, 1780,

LE CHEVALIER YORKE."

Copy of a Memorial prefented by Sir Jofeph Yorke to the States General, the 12th of November, 1780; and Translation.

"High and mighty Lords,

"The uniform conduct of the King towards the Republic; the friendship which hath so long fubfifted between the two nations; the right of fovereigns, and the faith of the most folemn engagements, will decide, without doubt, the anfwer of your High Mightineffes to the memorial which the under-figned pretented, fome time ago, by express order of his court. It would be to miftruft the wifdom and the justice of your High Mightineffes, to fuppofe that you could paufe a moment in giving the fatisfaction demanded by his Ma jefty.

As the refoultions of your High Mightineffes of the 27th of November, were the refult of a deliberation which regarded only the interior of your government, and did not enter upon an answer to the faid memorial, the only remark to be made on those resolutions is, that the principles which have dictated them, evidently prove the juftice of the demand made by the King.

"In deliberating upon that memorial, to which the under-figned here requires, in the name of his court, an immediate and fatisfactory anfwer in every refpect, your High Mightineffes will doubtlefs confider that the affair is of the laft importance; that it relates to the complaint of an offended Sovereign; that the offence, for which he demands an exemplary punishment, and a complete fatisfaction, is a violation of the Batavian conftitution, of which the King is a guarantee; an infraction of the public faith; an attempt against the dignity of his crown! The King has never imagined that your High Mightineffes had approved of a treaty with his rebellious fubjects. That had been raifing the buck

I

ler

But the offence has

ler on your part; a declaration of war. been committed by the magiftrates of a city which makes a confiderable part of the ftate; and it belongs to the fovereign power to punish and give fatisfaction for it.

" His Majefty, by the complaints made by his ambassador, has placed the punishment and reparation in the hands of your High Mightineffes; and it will not be till the laft extremity, that is to fay, in the cafe of a denial of juftice, or of filence, which must be interpreted as a refusal, that the King will take them upon himself.

"Done at the Hague the 12th of December, 1780. (Signed) LE CHEVALIER YORK."

Tranflation of the Extract from the Register of the Refolutions of the States General, the 15th of December, 1780; and also, the Extract from the Register of the Refolutions of their High Mightinefies the States General of the United Provinces,

«Friday, December 15, 1780.

"Upon what has been reprefented to their High Mightineffes by Mr. Quarles, prefident of their affembly, relative to a farther vifit inade him by Sir Jofeph Yorke, his Britannic Majefty's ambaffador and plenipotentiary, in order to prefs for an answer to his memorials, lately prefented to their High Mightineffes by his Majefty's order,

It is understood and refolved, after previous deliberation, hereby to charge the greffier of their High Mighti neffes to acquaint Sir Jofeph Yorke that the memorials he has lately prefented have been taken ad referendum by the refpective Provinces, and to affure him that their High Mighti neffes will not neglect to endeavour to effectuate that an anfwer to the fame fhall be given him as foon as is feasible, and the conftitution of the government any wife permits." Agrees with the Regifter.

THE following are the outlines of a treaty of commerce, which, agreeable to the orders and inftructions of Mr. Engelbert Francis Van Berkel, counfel and penfionary of the city of Amfterdam, directed to me, John Neufville, citizen of the faid city of Amfterdam, I have examined, weighed, and regulated with William Lee, Efq. commiffioner from the Congrefs, as a treaty of commerce, deftined to be or as might be concluded hereafter, between their High Mighti

neffes,

heffes, the States General of the Seven United Provinces of Holland, and the United States of North America. Done at Aix-la-Chapelle, the 4th of September, 1778.

(Signed) JOHN DE NEUFVILLE.

I hereby certify that the above is a true copy.

(Signed) SAMUEL W. STOKTON.

Plan of a Treaty of Amity and Commerce between the Republic of Holland and the United States of America.

(The preamble recites, that the faid contracting States of Holland and America, wifhing to eftablifh a treaty of commerce, have refolved to fix it on the bafis of a perfect equality, and the reciprocal utility arifing from the equitable laws of a free trade; provided that the contracting parties shall be at liberty to adinit, as they think good, other nations to partake of the advantages arifing from the faid trade. Actuated by the above equitable principles, the forementioned contracting parties have agreed on the following articles.)

Art. I. There fhall be a permanent, unalterable, and univerfal peace and amity, eftablished between their High Mightineffes the seven Provinces of Holland, and the United States of North America; as well as between their respective fubjects, iflands, towns and territories, fituate under the jurifdiction of the refpective fates above-mentioned, and their inhabitants, without any diftinction whatsoever of perfons or fexes.

II. The fubjects of the United Provinces of Holland fhall be liable only to fuch duties as are paid by the natives and inhabitants of North America, in all the countries, ports, iflands, and towns belonging to the faid ftates; and fhall enjoy the rights, liberties, privileges, immunities and exemptions in their trade and navigation, common to the faid natives and inhabitants, when the fubjects of Holland fhall have occafion to pafs from one American ftate to another, as well as when bound from thence to any part of the world.

III. The privileges, &c. granted by the foregoing article to the States of Holland, are, by the prefent, confirmed to the inhabitants of North America.

IV. The refpective subjects of the contracting parties, as well as the inhabitants of the counties, iflands, or towns belonging to the faid parties, fhall be at liberty, without producing a written permiffion, private or public pafs, to travel by land or water, or in whatever manner they think best,

through

through the kingdoms, territories, provinces, &c. or dominions whatever, of either of the confederated ftates, to have their free egrefs and regrefs, to remain in the faid places, and during the whole time be at liberty to purchase every thing ne ceffary to their own fubfiftence and ufe: they fhall also be treated with every mark of reciprocal friendship and favour. Provided, nevertheless, that in every circumftance they demean themselves in perfect conformity with the laws, ftatutes, and ordinances of thofe faid kingdoms, towns, &c, where they may fojourn; treating each other with mutual friendship, and keeping up among themfelves the most per fect harmony, by means of a conftant correfpondence.

V. The fubjects of the contracting powers, and the inhabitants of all places belonging to the faid powers, fhall be at liberty to carry their fhips and goods (fuch as are not forbidden by the law of the refpective ftates) into all ports, places, &c. belonging, or tarry, without any limitation of time to hire whole houfes, or in part: to buy and purchafe from the manufacturer or retailer, either in the public markets, fairs, &c. all forts of goods and merchandize not forbidden by any particular law: to open warehouses for the fale of goods and effects imported from other parts: nor fhall they be at any time forced, against their confent, to bring the faid goods and wares to the markets and fairs; provided, nevertheless, that they do not dispose of them by retail, or elsewhere: they fhall not, however, be liable to any tax or duties, on this or any other account, except thofe only which are to be paid for their fhips or goods, according to the laws and cuftoms of the refpective ftates, and at the rate ftipulated by the prefent treaty. Moreover, they fhall be entirely at liberty to depart, without the leaft hindrance, (this extends alfo to their wives, children, and fuch fervants who may be defirous to follow their mafters) and to take with them all goods bought or imported at any time; and for fuch places they may think proper, by land, or fea, or rivers, or lakes; all privileges, laws, conceffions, immunities, &c. to the contrary notwithstanding.

VI. In regard to the religious worship, the most unbounded liberty fhall be granted to the fubjects of the faid confe derate ftates, for themfelves and families. They fhall not be compelled to frequent the churches, &c. but fhall have full liberty to perform divine fervine, after their own manner, without any moleftation in either church or chapel, or p

vate houses (apertis foribus) it is farther provided, that any fubject of one of the contracting powers dying, in any place belonging to the other, fhall be interred in decent and convevenient places, allotted for that purpose, and, in fine, that no insult shall, at any time, or in any manner whatever, be offered to the dead or interred bodies.

any

VII. It is farther agreed and fettled, that in all duties, impofts, taxes, &c. laid on goods, perfons, merchandize, &c. of each and every fubject of the contracting powers, under denomination whatsoever, the faid fubjects, inhabitants, &c. fhall enjoy equal privileges, franchifes, immunities, either in the courts of juftice, and in every matter of trade, commerce, or any other cafe, and fhall be treated with the fame favour and diftinction hitherto granted or hereafter to be granted to any foreign nation whatsoever.

VIII. Their High Mightineffes the States General of the feven United Provinces, fhall ufe the moft efficacious means in their power to protect the fhips and goods belonging to of the United States of America, be they private or pubany lic property, when in the ports, roads, or feas adjoining the faid iflands, &c. belonging to their faid High Mightineffes, and to use all their endeavours to bring about a reftitution to be made to the owners, or their agents, of all veffels and goods captured within their jurifdiction; and the ships of war belonging to their faid High Mightineffes, fhall take under their protection, and convoy the fhips belonging to the faid American States, or any of the fubjects or inhabitants thereof, following the fame courfe, and defend the faid fhip as long as they fail in company, against all attacks, violence, or oppreffion, in like manner as they are in duty bound to defend the fhips of their High Mightineffes, the feven United Provinces of Holland.

IX. By this article, the fame obligation is laid on the American States, in favour of the fhipping, &c. belonging to thofe of Holland.

X. Their High Mightineffes the States of Holland fhall interpofe, and employ their good offices in favour of the faid American States, their fubjects and inhabitants, with the Emperor of Morocco, the Regaoues of Algiers, Tunis, and Tripoli, and all along the coaft of Barbary and Africa, and with the fubjects of the faid powers; that the fhips, &c. of the faid American States, be as much as poffible, and to the best advantage, protected against the violences, infults, &c. deVOL. XVIII. predations

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