Imatges de pàgina
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been offered to the subjects, &c. of either ftates, the offending party fhall give immediate and convenient fatisfaction for fuch embezzlement, wrong, or infult.

XXVI. The fubjects, &c. of either ftates fhall abstain from requiring or accepting any commiffions or letters of marque from any power then at war with either of faid States, fo as to command armed fhips against either, and to their detriment; and if any individual, belonging to either, fhould fail herein, he fhall be dealt with as being guilty of piracy.

XXVII. It shall not be lawful for any privateer, not belonging to either of the contracting parties, which might be furnished with commiffion, or letters of marque from any power, in actual enmity with either of them, to fit out their ships in any port belonging to the faid States, therein fell their prizes, or make in any wife, an exchange of their faid fnips, merchandize, goods, or effects, being the whole or part of the cargo contained in the aforefaid captures. Nor fhall the faid commanders be permitted to take in provifions, but just as much as will enable them to reach a port, nearest to the dominion of their employers.

XXVIII. Subjects and inhabitants of both the contracting parties fhall be at liberty to navigate their fhips (without any diftinction of owners, to whom the cargo or cargoes may belong) from all ports whatever belonging to the powers, that then are, or afterwards may be, in amity with either of the aforementioned States; as alfo to trade in their way to or from fuch places, ports and towns belonging to the enemies of either party, whether the faid place be within the jurifdiction of one or more powers. It is alfo hereby ftipulated, that the freedom of fhipping will be extended to the cargoes, belonging to the refpective fubjects or inhabitants of the faid States, though the whole, or part of the faid cargo should be the enemy's property. This privilege is alfo to be conftrued as extending to all perfons whatever, on board the said fhips (the military in the enemy's fervice only excepted) as well as contraband goods.

XXIX. This article contains a large enumeration of the goods prohibited to be carried to the enemy, which comprehends all manner of warlike ftores. It gives also an account of fuch goods as may be lawfully exported, namely, cloathing and other manufactured goods of wool, cloth, filks, &c. &c. the matters employed in manufacturing the fame; gold and filver either coined or in bullion, all forts of metals,

corn

corn and feeds, fpices, tobacco, meat, falt or fmoaked, and every kind of eatables; in fine, fhip timber, fails, canvas, and every effects whatever not fashioned in the fhape of any tool or warlike inftrument ufually employed in war, either by fea or land, all the aforefaid goods and wares shall at no time be looked upon as contraband, and may be carried by the fubjects and inhabitants of the confederate States, even to places belonging to the enemy then at war with either party, excepting only fuch towns and places, which might happen to be befieged, furrounded, or blocked up at the time of fhipping off, for their ufe, the faid wares and goods.

XXX. In order to prevent all diffention and difficulty which might arise between the subjects of either state, in cafe one of them fhould go to war with fome other power or powers, the fhipping, &c. belonging to the other party, shall be provided with letters or paffes, fpecifying the name, cargo, and burthen of the fhip, together with the captain or mafter's name, and the place of his refidence that thus it may appear that the fhip, &c. belongs truly to the said fubjects and inhabitants. The faid pafs to be worded as fhall be mentioned at the end of this prefent treaty.

Those letters, or paffes, fhall be renewed every year, if the bearers fhould return to the fame port within that time. It is further agreed, that befides the aforefaid paffes, certificates fhall be given, mentioning every part of the cargoes, the refpective places from and to which fuch fhips may be bound. The faid certificates to be drawn up in the ufual form, before the officers of the place from whence the said fhips are to fail; the faid officers fhall be at liberty to mention, by name, if they think it expedient, the owners of the cargo or cargoes.

XXXI. The commanders or owners of fhips belonging to the contracting parties, entering into any of the roads of either of the faid States, who may not think proper to enter into port; or, when entered, will not chufe to unload either the whole or part of the cargo, fhall not be compelled to declare in what it confifts, unles a well-grounded fufpicion fhould arise, on fome evident circumftances of their being laden for the enemy, or carrying from one of the confederate states to the other, any prohibited goods; in which eafe, fuch commanders, owners or inhabitants, fhall be obliged to fhew their paffports and certificates, drawn up in the manner hereafter mentioned. XXXII. When the fhips belonging to either ftate, failing coaft-ways, or otherwise, fhall be met by the fhips of

war,

war, privateers, &c. of the other party, in order to prevent mifchief, the latter fhall keep out of the reach of the guns, though it will be lawful for them to fend their boats to board the abovefaid merchant-men, not fuffering above two or three men at a time to get on board to them; the mafter, or commander of faid fhips, fhall present his paffports, conformable to the tenor hereafter recited. After which, the said ship, or merchant-man, fhall be at full liberty to continue its voyage, without being fearched, chaced, or obliged to alter its courfe, or otherwife molefted under any pretence whatsoever.

XXXIII. It is further agreed, that all goods and effects whatever, being once put on board of a fhip, or fhips, belonging to either of the contracting parties, fhall not be liable to a fecond vifit, or fearch, after having undergone that which muft precede the lading of fuch fhips; as all prohibited goods must be ftopped on the very spot, before they are fuffered to be carried on board the fhips belonging to either party; the fame not being liable to any other kind of embargo for the aforefaid caufe. And the fubjects of either state, where fuch effects fhall, or fhould have been feized upon, fhall be punished for importing the fame, according to the manner provided by the laws, cuftoms, and ordinances of his own native country.

XXXIV. The contracting parties mutually agree, that they fhall be at liberty to have their refpective confuls, viceconfuls, commiffaries, and other agents appointed by and for each party. Their functions and officers fhall be regulated by a particular convention, whenever either of the contracting powers fhall think proper to appoint fuch officers. Here follows the form of the paffport and certificate, the intention and purport of which, are fufficiently explained in the XXXth article of this treaty.

J. DE NEUFVILLE, (L.S.)
W. LEE, (L.S.)*

* PAPERS not laid before the Houfe, which tend to explain the above treaty:

Copy of a letter to his Excellency B. FRANKLIN, Efq. at Paris.

SIR,

As your Excellency and the Right Honourable Congrefs will cer tainly be already completely informed of my interview at Aix-la-Chapelle, with Mr, William Lee, about a twelvemonth ago, in the preVOL. XVIII.

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fence

fence of Mr. William Stockton; and as he is fhortly to arrive himself, I have made no difficulty, and it gives me even much fatisfaction, to expofe unto him fome trifling alterations, of no great confequence, which are thought neceffary to be made in the plan of the treaty of commerce, which is now to be looked over afresh.

The differences confift only in fuppreffing, in the VIth article, all that is mentioned there concerning religion; and, in fact, it is abfolutely not proper, that any mention thereof fhould be made between two republics, the conftitutions and fundamental laws of which plead aloud for a perfect liberty of confcience.

The Xth article, concerning the Barbarian powers, is binding on both fides, in cafe the fame fhould take place any time hereafter.

The other fuppreffions which are thought neceffary in the articles VIII, XXII, and XXVII, are for the greatest part established to prevent objections. For this reafon, the latter part of the VIIIth article has been fuppreffed, where it is faid, "and their ships of war, or convoys, failing under authority, &c."

It has likewife been thought proper to fupprefs the latter part of the XXIId article, which begins with these words, " on the contrary, no afylum or refuge fhall be granted, &c."

The XXVIIth article at prefent stands thus; "it fhall not be law. ful for any privateer, holding any commiffions or letters of marque, from any Prince or power, in war with any of the high contracting parties, to fit out their fhips in the ports belonging to either of the con tracting parties, nor therein to full their prizes, nor to exchange in the other manner whatever, the fhips, goods, and merchandizes, being either the whole, or part of the cargo, contained in the faid captures."

Thefe are the measures that have been taken to establish the basis of this treaty and from a particular regard for the Right Honourable Congrefs, having by us a copy of the treaty, fuch as it was drawn up at first, and fuch as it stands at prefent, we thought it our duty to inform your Excellency of the state in which this important affair is at prefent, and which we fhall always be ready to forward with the fame zcal with which it has been begun.

Mr. Stockton will likewife inform your Excellency with fome other affairs, which fand in need of fome explanations.

Wishing that the union of the Twenty States may foon be established upon a permanent footing, we remain, with the most perfect confideration and esteem, Your Excellency's

Moft humble and moft obedient fervants,
JOHN DE NEUFVILLE and SON.

Amfterdam, July 28, 1779.

Extract of a Letter from Mr. J. W. STOCKTON, to the Rev. Dr. W1THERSPOON, Member of Congress, dated Amfterdam, April 14, 1779.

You will certainly have feen, before now, the plan of a treaty of amity and commerce, as deftined to be concluded hereafter between the ftates of Holland and the united states of North America, feveral copics thereof having been fent to America fome time ago. That plan was

figned on the 4th of September last, on the part of the city of Amfterdam, by John de Neufville, efq. properly deputed for that purpose by the penfionary and the burgomafters of the faid city, and by W. Lee, efq. commiffioner from the Congrefs, to whom the propofitions for the faid treaty were made through the channel of the faid Mr. de Neufville.

Extract from the Speech of M. VAN PAEST, Magiftrate of Amsterdam, to the States of Holland and Weft Friesland, on the 25th of November 1780.

The Burgomafters, after having been informed that a Commiffioner of the Congress of North America had made fome overtures to a Dutch merchant of Amsterdam, that they had an intention of forming fome commercial ties with this republic, comprising on one part that from the circumftance of the United States of North America, not having yet been acknowledged as an independent state, it was impoffible to prefent to your Noble and Great Mightineffes any impofitions tending to the commencement of a formal negociation; whilft the Burgomasters were no lefs perfuaded that "on account of the jealoufy already displayed, and continually increasing in the neighbouring powers on the fubject of the commerce and navigation of this country, as well as on account of all the enterprizes undertaken, which are too notorious not to create in them a perpetual partiality towards the welfare of this ftate, and induce them to grant on this occafion, advantages which are not ftipulated in treaties of peace and commerce;" their indifpenfible duty required that they should make fuch use of the overtures prefented by the faid American Commiffioner, as the fituation of affairs would admit. That in the prefent circumstances they could no do otherwife than give as much hope, as the Burgomasters could actually at a proper time fulfil, and exact, on the other hand, every thing that the above mentioned American Commiffioner, and those whom he reprefented, could promife.

"And this laft point was chiefly to conftitute the promise, "that on account of the prefent negociation of an accommodation with England (under the ftipulation of independence) they were not to promife any exclufive advantages iefpecting commerce that might be detrimental to the republic of the United Provinces;" the Burgomafters on their parts not being able to promife any thing, but that in the deliberations of the ftate, which might be commenced for forming a treaty of commerce (not only between the city of Amfterdam and the United States of North America, but between those states and their High Mightinesses.) They, cafu quo, in thefe deliberations of the ftate, and not in any other, would do all in their power for establishing, as foon as the independency of North America fhould be acknowledged by England, in the most advantageous manner, the navigation and commerce between the reciprocal ftates; from whence it naturally refulted, that on each fide a plan was projected, to which, as far as could with probability be forefeen, the respective fovereigns would have given their concurrence, "Thefe

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