« AnteriorContinua »
predations of the abovesaid Princes and subjects on the coast of Barbary and Africa.
XI. It shall be permitted, and granted to each, and every subject and inhabitant of the contracting powers, to leave, bequeath, or dispose of, in case of sicknels, or at their death, all effects, goods, merchandizes, ready money, &c. being their property, at or before their deceale, in any town, island, &c. belonging to the respective contracting powers, in favour of such person or persons, as they may think proper. More- . over, whether the said subje&ts should die after having made such.wills, or inteftate, their lawful heirs, executors, or adminiftrators, dwelling in any part of the poffeffions of the contracting powers, or aliens coming from other countries, shall be at liberty, without hindrance or delay, to claim, and take possession of all such goods and effects, conformable to the refpective laws of each country. Nor Thall their right be difputed, under pretence of any prerogative, peculiar to any feparate province, or person whatsoever. Provided, nevertheless, that the claim to the effects of a person who died intestate, be supported by such proofs as the laws of either of the contracting powers have provided in such cales; all laws, ftatutes, edicts, droits d'Aubaine, &c. to the contrary notwithstanding.
XII, The effects and property of the subjects of either of the contracting powers, dying in any town, island, &c. belonging to the other, shall be requestered for the use of the lawful heirs and successors of the deceased. The council, or public minfter of the nation, to which the person thus dying belonged, shall take an inventory of all such goods, effects
, papers, writings, and books of accounts of the deceased. The said inventory to be delivered into the hands of three merchants of known and approved integrity, who shall be nominated for the purpose of acting as trustees to the heirs, executors, &c. or creditors of the deceased : nor shall any courts of judicature interfere, unless the said heirs, &c. fhould require it in the due course of law,
XIII. The respective subjects of the contracting parties, shall be at liberty to choose for themselves advocates, attornies, notaries, solicitors, and agents; to this end, that such advocates, &c. shall, by the judges of the courts aforesaid, be called in, if the said judges Nould, by the parties be required fo to do.
XIV. The merchants, commanders, or owners of ships, Sailors of every denomination, ships or vessels, effects, and
goods goods in general, belonging to either party, or any of its subjects or inhabitants shall at no time, for any private or public purpose, by virtue of any edict whatsoever, be taken, or detained in the countries, ports, islands, &c. belonging to either of the contracting parties, to be employed in the service to forward military expeditions, or any other purpose; and much less for the private use of any one, by violence, or other means made use of to moleft or insult the said subjects. It is further strictly forbidden to the said subjects, on both sides, not to take away, violently, the property of each other ; but, the consent of the proprietor once obtained, they shall be at liberty to purchase, paying ready money for the fame. This article, however, is not to be understood as extending to such cases, where the feizure shall be made, or the embargo laid by the authority of the legislative power for debts incurred, or crimes committed, which shall be tried by the due course of law.
XV. It is further provided and agreed, that all merchants, commanders of ships, and other subjects belonging to their High Mightinesses the States of the leven United Provinces, Thall regulate their private affairs by themselves, or by such agents as they may choose, in all and every place within the jurifdi&tion of the United States of America: nor shall they be compelled to employ or pay any interpreter or brother, but such as they think fit to appoint. Moreover, in the lading, or unlading of ships, the master shall not be obliged to employ persons appointed for that purpose, by public authority ; but shall be at full liberty to do it themselves, or call in the affiftance of any one they shall choose, without being liable to pay any fee or retribution to any body else. Neither shall they be compelled to land any particular merchandize, to put them on board other ships, to take others on board their own, without their free confent; or to remain laden longer than they shall think proper. The subjects and inhabitants of the United States of America, fhall fully enjoy the same privileges in all the dominions of the States of Holland.
XVI. In case any dispute or controverfy should arise between the master of a ship and his crew, belonging to one of the two nations, and then in any port within the dominions of the other, concerning the payment of wages, or any other inatter to be determined by the civil law, the magiftrate of such port, or place, shall only require the defendant to deliver to the plaintiff, a declaration under his hand, and U u 3
witnessed by the said magistrate; by which the faid defendant shall bind himself to appear, and answer the complaint laid against him, before a competent judge in his own country. This being done, the faid crew shall not be permitted to leave the ship, or prevent the master from following his course. The merchants of either nations shall be authorized to keep their books in what language and manner they may think beft, without the least hindrance or molestation. But, in case it should be neceffary, in order to settle a point of law, for them to produce their books, they shall bring them intó court for examination ; in such a manner, however, that neither the judge, nor any one else, whatsoever, lhall be permitted to peruse any article in the said books, but such as may be absolutely necessary to ascertain the authenticity and regularity of the said books. Nor, shall any one, under any pretence whatever, presume to force the faid books and writings from the owners, or detain them : cases of bankraptcy alone excepted.
XVII. The ships of either nation, bound to the respective ports, shall, upon a juft cause of being suspected, either in regard to their destinations or their cargoes, be obliged to produce, either at sea, in the roads, or ports, not only their passports, but also certificates, witnessing that the goods they ħave on board are not prohibited by the respective laws.
XVIII. If upon such certificates being produced, the examining party should discover that some of the goods mentioned in the bills of lading are prohibited by this treaty, or bound to some port belonging to the enemy; in such case it shall not be lawful to break ioto any part of the ship, or force any trunk, boxes, harrels, &c. nor even to displace any part of the cargoes (whether such ship belongs to Hoiland or America) to come at the said goods, which are not in any ways to be searched until they are landed in presence of some officers of the admiralty-court, who shall enter a verbal process about them. Nor Thall it be permitted to fell, exchange, or adulterate the faid goods in any wise, till the law shall have taken its course, and the matter be determined by the sentence of the respective admiralty-courts, pronouncing them feizable; the ship and other parts of the cargo not prohibited by the treaty, shall not be detained, under the pretence of part of the lading being condemned, and much less confiscated as lawful prizes. But, in cafe part of the cargo should consist of the faid prohibited goods, and the master of the ship thall content to deliver them up immedi
B A T E s. ately, then the captor, having taken out of the faid ship the prohibited goods, Thall permit the mafter to continue his course to the place of his deftination: yet, if all the prohibited goods could not be taken on board the captor, the latter shall, notwithstanding the master's free tender of the said goods, bring the former into the nearest port, where it fhall be produced in manner aforesaid.
XIX. It is agreed on the contrary, that all effects, &c. of any subject of either state, found on board any ship taken from an enemy, such effects, &c. though they be not prohibited by any ařticle of this treaty, shall be considered as lawful prize, and be disposed of as if they belonged to the enemy : (except only in case the war should not have been proclained, or not come to the knowledge of the proprietors of the said effects, &c ) which, in such cases only, shall not be liable to be confiscated, but be immediately returned to the owners without any delay, upon their making good their claim ; provided, nevertheless, that the said goods are not of the kind which are prohibited; nor will it be lawful to fhip them afterwards, for any of the enemy's ports. The two contracting parties agreeing, moreover, that fix months, from the date of a declaration of war, will be considered as a sufficient notice to the subjects of either state, whatever quarter of the world they may come from.
XX. In order to provide further for the safety of the subjects on both sides, that neither of the parties may be annoyed by the armed ships or privateers belonging to the other, during the course of a war, particular injunctions shall be laid upon the commanders of ships and privateers, &c. &c. to the respective subjects of the contracting powers, not to vex or offer any moleftation to any one of them; and, in case of failure herein, the offending party shall be punished, and compelled to make good the damage, their persons and fortunes answering for the faine,
XXI. All ships and effects retaken from privateers or pirates, shall be carried into some of the ports belonging to either ftate, and returned to the owners, upon their giving satisfactory proofs of their right to the said re-captures.
XXII. It shall be lawful for all commanders of ships of war, privateers, &c. to carry off freely all ships and effects taken from the enemy, without being subject to pay any duty or duties to the admiralty or other courts; nor shall such prizes be liable to be detained or feized upon in any of the ports of the respective states: the searching officers shall not be permitted to visit or search the laid prizes : the cap
tors whereof will be at liberty to put back to sea, and convoy the prizes wherever they are directed to be carried ; as specified in the orders given to the commanders of such ships, privateers, &c. which they shall be obliged to produce. But all the ports of both states shall be shut against all prizes made on the subjects of either : and in cafe such prizes and captors should be driven to some of the said ports, by stress of weather, every means shall be employed to haften their departure.
XXIII. In case any thips, boats, &c. should be wrecked or otherwise damaged on the coasts of either of the contracting ftates, all aid and affiftance shall be given to the distressed crews, to whom passes and free-conduct shall be granted for their return into their own country.
XXIV. If a ship or ships, either of war, or employed for the purpose of trading, by one of the states, should, by stress of weather, imminent danger from pirates, enemies, &c. be compelled to take shelter in any ports, rivers, bays, &c. belonging to the other, they shall be treated with all huinanity, friendship, and most cordial protection. Leave shall be granted them to take in provisions and refreshments at a reasonable rate, and to purchase whatever they may ftand in need of, either for themselves or for the purpose of repairing the damage they may have suffered, and also for the continuation of their voyage. No obstacle whatever shall be laid in their way to stop or detain them in any of the laid ports, &c. whence they shall be at liberty to fail, wbenever they may think fit.
XXV. In order to put commerce in the moft flourishing ftate, it is agreed, that, in case a war should at any time break out between the contracting parties, fix months shall be allowed to the respective subjects for them to retire with iheir families and property, to whatever place they way judge proper : also to be at liberty, during the above space of time, to sell or otherwise dispose of their goods and chattels, without the least hindrance or molestation. But above all, it is provided, that the said subjects shall not be detained, by arrestment or seizure. On the contrary, during the aforesaid fix months, the respective states, and their subjects, or inhabitants, shall have good and speedy juftice done to them; so that, during the laid time, they may recover their goods and effects, whether they be in the public funds, or in private hands : and, if any part thereof should happen to be embezzled, or that any insult or wrong should have