Imatges de pÓgina


TE {peet; but if the contrary should be the case, and your High Mightinesses should refuse to comply with so just a request, or endeavour to pass it over in silence, wbich 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 such a case his Majesty will think himself obliged to take such steps' as become his dignity, and the in, terefts of his subjects. “ Written at the Hague, Nov. 10, 1780.


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

“ High and mighty Lords,
« The uniform conduct of the King towards the Repub-
lic; the friendship which hath so long subsisted between the
two nations ; the right of sovereigns, and the faith of the most
folemn engagements, will decide, without doubt, the an-
swer of your High Mightinesses to the memorial which the
under-ligned preleptcd, fome time ago, by express order of
his court. It would be to mistrust the wisdom and the justice
of your High Mightinesses, to suppose that you could pause
a moment in giving the satisfaction demanded by his Ma.

· As the resoultions of your High Mightinesses of the 27th of November, were the result of a deliberation which regarded only the interior of your government, and did not enter upon an answer to the said memorial, the only remark to be made on those resolutions is, that the principles which have diệtated them, evidently prove the justice of the demand made by the King.

“ In deliberating upon that mcmorial, to which the under-signed here requires, in the name of his court, an immediate and satisfactory answer in every respect, your High Mightinesses will doubtless consider 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 satisfaction, is a violation of the Batavian constitution, 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 Mightinesses had approved of a treaty with his rebellious subjects. That had been raising the buck

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icr on your part; a declaration of war. But the offence has been committed by the magiftrates of a city which makes a considerable part of the state; and it belongs to the sovereign power to punish and give satisfaction for it.

“ His Majesty, by the complaints made by his ambassador, has placed the punishment and reparation in the hands of your High Mightinesses; and it will not be till the last extremity, that is to say, in the case of a denial of justice, or of filence, which must be interpreted as a refusal, that the King will take thein upon himself, “ Done at the Hague the 12th of December, 1780. (Signed)


Translation of the Extract from the Register of the Refolutions of

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

«' Friday, December 15, 1780. “ Upon what has been represented to their High Mightinesses by Mr. Quarles, president of their assembly, relative to a farther visit inade himn by Sir Jofeph Yorke, his Britannic Majesty's ambassador and plenipotentiary, in order to press for an answer to his memorials, lately presented to their High Mightinesses hy his Majesty's order,

< It is understood and resolved, after previous delibera. tion, hereby to charge the greffier of their High Migutinesses to acquaint Sir Joseph Yorke that the memorials he has lately presented have been taken ad referendum by the res spective Provinces, and to assure him that their High Mighti. nesses will not neglect to endeavour to effectuate that an answer to the same shall be given him as soon as is feafible, and the conftitution of the government any wise permits.'

Agrees with the Register.

THE following are the outlines of a treaty of commerce, which, agreeable to the orders and instructions of Mr. Engelbert Francis Van Berkel, counsel and pensionary of the city of Amsterdam, directed to me, John Neufville, citizen of the said city of Amsterdam, I have examined, weighed, and regulated with William Lee, Esq. commissioner from the Congrcís, as a treaty of commerce, destined to be or as might be concluded hereafter, between their High Mighti.


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neffes, 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.


Plan of a Treaty of Amity and Commerce between the Republic of

Holland and the United States of America. (The preamble recites, that the said contracting States of Holland and America, wishing to establish a treaty of commerce, have resolved to fix it on the basis of a perfect equality, and the reciprocal utility arising from the equitable laws of a free trade; provided that the contracting parties shall be at liberty to adınit, as they think good, other nations to pare take of the advantages arising from the said trade.“ Aduated by the above equitable principles, the forementioned contracting parties have agreed on the following articles.)

Art. I. There shall be a permanent, unalterable, and universal peace and amity, established between their High Mightinesses the seven Provinces of Holland, and the United States of North America ; as well as between their respective subjects, islands, towns and territories, fituate under the urifdiction of the refpe&tive states above-mentioned, and their inhabitants, without any diftinction whatsoever of per- , fons or sexes.

II. The fubjects of the United Provinces of Holland shall be liable only to such duties as are paid by the natives and inhabitants of North America, in all the countries, ports, islands, and towns belonging to the said states; and shall enjoy the rights, liberties, privileges, immunities and exemptions in their trade and navigation, common to the faid natives and inhabitants, when the subjects of Holland shall have occasion to pass from one American ate to ano. ther, 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 present, confirmed to the inhabitants of North America.

IV. The respective subjects of the contracting parties, as Hell as the inhabitants of the counties, islands, or towns beonging to the said parties, shall be at liberty, without producing a written permission, private or public pass, to travel by land or water, or in whatever manner they think best,


through the kingdoms, territories, provinces, &c. or domi- , nions whatever, of either of the confederated states, to have their free egress and regress,, to remain in the faid places, and during the whole time be at liberty to purchase every thing necefiary to their own subsistence and use : they shall allo be treated with every mark of reciprocal friendthip and favour, Provided, nevertheless, that in every circumstance they demean themselves in perfect conformity with the laws, ftatutes, and ordinances of those faid kingdams, towns, &c. where they may sojourn; treating each other with mutual friendship, and keeping up among themselves the most perfect harmony, by means of a constant correspondence.

V. The subjects of the contracting powers, and the inhahitants of all places belonging to the laid powers, shall be at liberty to carry their ships and goods (such as are not forbidden by the law of the respective states) into all ports, places, &c. belonging, or tarry, without any limitation of time to hire whole houses, or in part: to buy and purchase from the manufacturer or retailer, either in the public markets, fairs, &c. all sorts of goods and merchandize not forbidden by any particular law: to open, warehouses for the sale of goods and effects imported from other parts : nor shall they be at any time forced, against their consent, to bring the said goods and wares to the markets and fairs; provided, nevertheless, that they do not dispose of them by retail, or elsewhere : they shall not, however, be liable to any tax or duties, on this or any other account, except those only which are to be paid for their ships or goods, according to the laws and customs of the respective states, and at the rate ftipulated by the present treaty. Moreover, they shall be entirely at liberty to depart, without the least hindrance, (this extends also to their wives, children, and fuch servants who may be desirous to follow their masters) and to take with them all goods bought or imported at any time; and for such places they may think proper, by laod, or sea, 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 shall be granted to the subjects of the said confe. derate states, for themselves and families. They shall not be compelled to frequent the churches, &c, but 'fhall have full liberty to perforin divine fervine, after their own manger, without any molestation in either church or chapel, or prin



pate houses (apertis furibus) it is farther provided, that any subject of one of the contracting powers dying, in any place belonging to the other, shall 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,

VII. It is farther agreed and fettled, that in all duties, impofts, taxes, &c. laid on goods, persons, merchandize, &c. of each and every subject of the contracting powers, under any denomination whatsoever, the said subjects, inhabitants, &c. fhall enjoy equal privileges, franchises, immunities, either in the courts of justice, and in every matter of trade, commerce, or any other case, and shall be treated with the fame favour and distinction hitherto granted or hereafter to be granted to any foreign nation whatsoever.

VIII. Their High Mightinesses the States General of the feven United Provinces, Thall use the most efficacious means in their power to protect the ships and goods belonging to any of the United States of America, be they private or public property, when in the ports, roads, or leas adjoining the said islands, &c. belonging to their faid High Mightinesses, and to use all their endeavours to bring about a reftitution to be made to the owners, or their agents, of all vessels and goods captured within their jurifdiction; and the ships of war belonging to their faid High Mightineffes, shall take under-their protection, and convoy the Thips belonging to the said American States, or any of the subjects or inhabitants thereof, following the same course, and defend the faid fhip as long as they sail in company, against all attacks, violence, or oppreffion, in like manner as they are in duty bound to defend the ships of their High Mightinesses, the seven United Provinces of Holland.

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

X. Their High Mightinesses the States of Holland fhall interpose, and employ their good offices in favour of the said American States, their subjects 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 subjects of the said powers; that the ships, &c. of the faid American States, be as much as possible, and to the beft al'vantage, protected against the violences, insults, &c, dea Vol. XVIII.


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