Page images
PDF
EPUB

The Empress of Ruffia caufed a declaration to be delivered to the Courts of London, Verfailles, and Madrid, in which the acquainted them of her refolution to protect the commerce of her fubjects, and to defend the univerfal rights and prerogatives of neutral nations. This declaration was founded upon fuch juft principles of the law of nations and the fubfifting treaties, that it was impoffible to call them into question. The king found them entirely concordant with his own caufe, and with the treaty concluded in the year 1666, between Sweden and France; and his majefty could not forbear to acknowledge and to adopt the fame principles, not only with regard to thofe powers, with whom the faid treaties are in force, but also with regard to fuch others as are already engaged in the prefent war, or may be involved therein hereafter, and with whom the king has no treaties to reclaim. It is the univerfal law, and when there are no particular engagements exifting, it becomes obligatory upon all nations.

In confequence thereof, the king declares hereby again, "That he will obferve the fame neutrality, and with the fame exactitude as he has hitherto done. He will enjoin all his fubjects, under rigorous pains, not to act in any manner whatever contrary to the duties which a ftrict neutrality impofes unto them; but he will effectually protect their lawful commerce, by all poffible means, whenever they carry on the fame, conformably to the principles here above mentioned.

Explanation which the Court of Sweden has demanded, relative to the Propofal which the Court of Ruffia has made for the reciprocal Protection and Navigation of their Subjects.

I.

Ho

TOW and in what manner a reciprocal protection and mutual affiftance fhall be given.

II. Whether each particular power fhall be obliged to protect the general commerce of the whole, or if in the mean time it may employ a part of its armament in the protection of its own particular commerce."

IIJ. If feveral of thefe combined fquadrons fhould meet, or, for example, one or more of their veffels, what fhall be the rule of their conduct towards each other, and how far fhall the neutral protection extend.

IV. It feems effential to agree upon the manner in which reprefentations fhall be made to the powers at war, if, notwithstanding our measures, their fhips of war, or armed veffels, fhould continue to interrupt our commerce in any manner. Muft thefe remonftrances be made in the general name of the united powers, or fhall each particular power plead its own caufe only ?

V. Laftly, it appears effentially neceffary to provide against this poffible event, where one of the united powers feeing itself driven to extremities against any of the powers actually at war, fhould claim the affiftance of the allies in this convention to do her juftice; in what manner can this be best concerted? A circumftance which equally

equally requires a ftipulation, that the reprifals in that cafe fhall not be at the will of fuch party injured, but that the common voice fhall decide otherwife an individul power might at its pleafure draw the reft againft their inclinations and interefts into difagreeable extremities, or break the whole league, and reduce matters into their original ftate, which would render the whole fruitless and of no effect.

A

Anfwer of the Court of Ruffia. I. S to the manner in which protection and mutual affiftance fhall be granted, it must be fettled by a formal convention, to which all the neutral powers will be invited, the principal end of which is, to infure a free navigation to the merchant fhips of all nations. Whenever fuch veffel fhall have proved from its papers that it carries no contraband goods, the protection of a fquadron, or veffels of war, fhall be granted her, under whofe care fhe hall put herfelf, and which fhall prevent her being interrupt

ed. From hence it follows:

II. That each power muft concur in the general fecurity of commerce. In the mean time, the better to accomplish this object, it will be neceffary to fettle, by means of a separate article, the places and diftances which may be judged proper for the ftation of each power. From that method will arife this advantage, that all the fquadrons of the allies will form a kind of chain, and be able to affift each other; the particular arrangement to be confined only to the knowledge of the al

lies, though the convention in all other points, will be communicated to the powers at war, accompanied with all the proteftations of a ftrict neutrality.

III. It is undoubtedly the principle of a perfect equality, which muft regulate this point. We fhall follow the common mode with regard to fafety. In cafe the fquadrons fhould meet and engage, the commanders will conform to the ufages of the fea fervice, becaufe, as is obferved above, the reciprocal protection, under thefe conditions, fhould be unlimited.

IV. It feems expedient that the reprefentations mentioned in this article be made by the party ag grieved; and that the minifters of the other confederate powers fupport thofe remonftrances in the moft forcible and efficacious man

ner.

V. We feel all the importance of this confideration; and, to render it clear, it is neceffary to diftinguifh the cafe.

If any one of the allied powers fhould fuffer itself to be drawn in by motives contrary to the established principles of a neutrality and perfect impartiality, should injure its laws, or extend their bounds, it cannot certainly be expected that the others fhould efpoufe the quarrel; on the contrary, fuch a conduct would be deemed an abandoning the ties which unite them. But if the infult offered to one of the allies fhould be hoftile to the principles adopted and announced in the face of all Europe, or fhould be marked with the character of has tred and animofity, infpired by refentment, these common mea

[Z] 2

fures

fures of the confederacy, which have no other tendency than to make, in a precife and irrevocable. manner, laws for the liberty of

Stadtholder, and which were taken out of Mr. Laurens's Trunk.

commerce, and the rights of every T

neutral nation, then it fhall be held indifpenfable for the united powers to make a common caufe of it (at fea only) without its being a groundwork for other operations, as thefe connections are purely maritime, having no other object than naval commerce and navigation.

From all that is faid above, it evidently refults, that the common will of all, founded upon the principles admitted and adopted by the contracting parties, muft alone decide, and that it will always be the fixed basis of the conduct and operations of this union. Finally, we shall obferve, that thefe conventions fuppofe no other naval armament than what shall be conformable to circumstances, according as thofe fhall render them neceffary, or as may be agreed. It is probable this agreement, once ratified and eftablished, will be of the greatest confequence; and that the belligerent powers will find in it fuffi. cient motives to perfuade them to refpect the neutral flag, and prevent their provoking the refentment of a refpectable communion, founded under the aufpices of the most evident juftice, and the fole idea of which is received with the univerfal applaufe of all impartial Europe.

that

Papers which were communicated by Sir Jofeph Yorke, by exprefs Orders from the King his Mafter, to his Serene Highness the Prince

HE following are the outlines of a treaty of commerce, which, agreeably to the orders and inftructions of Mr. Engelbert Francis Van Berkel, Counsellor and Penfionary of the city of Amfterdam, directed to me, John de Neufville, citizen of the faid city of Amfterdam, I have examined, weighed, and regu lated with William Lee, Efq; commiffioner from the Congress, as a treaty of commerce, defined to be or as might be concluded hereafter, between their High Mightineffes 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 theabove is a true copy.

Signed, SAMUEL W.STOKTON.

No. I. Treaty of Amity and Commerce

between the Republic of Holland and the United States of Ame

rica.

TH

HE preamble recites, that the faid contracting states of Holland and America, wishing to establish 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 fhall be at liberty to admit, as they think good, other nations to partake of the advantages arifing from the faid trade. Actuat

ed

ed by the above equitable principles, the forementioned contracting parties have agreed on the following articles ;

Art. I. There shall be a permanent, unalterable, and univerfal peace and amity, established between their High Mightineffes of the Seven Provinces of Holland, and the United States of North America; as well as between their refpective fubjects, iflands, towns and territories, fituate under the jurif diction of the refpective states above mentioned, and their inha, bitants, without any distinction 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 pass 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 fubjects of the contracting parties, as well as the inhabitants of the countries, islands, or towns belonging to the faid parties, fhall be at liberty, without producing a written permifion, private or public pafs, to travel by land or water, or in whatever manner they think beft,

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 neceffary to their own fubfiftence and ufe: they fhall alfo be treated with every mark of reciprocal friendship and favour. Provided nevertheless, that in every circumstance they demean themselves in perfect conformity with the laws, ftatutes, and or dinances of thofe faid kingdoms, towns, &c. where they may fo. journ; treating each other with mutual friendship, and keeping up among themselves the most perfect harmony, by means of a conftant correfpondence.

V. The fubjects of the contract. ing powers, and the inhabitants of all places belonging to the faid powers, thall 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 to the faid powers, and to 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 ware to the markets and fairs; provided, nevertheless, that they do not difpofe of them by retail, or elsewhere: they fhall not, however, be liable to any tax

[ocr errors]

or

or duties, on this or any other account, except thofe only which are to be paid for their ships or goods, according to the laws and cuftoms of the refpective ftates, and at the rate ftipulated by the present 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 mafter) and to take with them all goods bought or imported at any time; and for fuch places as they may think proper, by land, or fea, or rivers, or lakes; all privileges, laws, conceffions, immunities, &c. the contrary notwithstanding.

to

VI. In regard to religious worfhip, the most unbounded liberty fhall be granted to the fubjects of the faid confederate ftates, for themselves and families. They fhall not be compelled to frequent the churches, &c. but fhall have full liberty to perform divine fervice, after their own manner, without any moleftation in either church or chapel, or private houfes (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 de cent and convenient places, allotted for that purpofe, and, in fine, that no infult fhall, 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, perfons, merchandize, &c. of each and every fubject of the contracting powers, under any denomina

tion whatfoever, the faid fubje&s, inhabitants, &c. fhall enjoy equal privileges, franchises, immunities, either in the courts of justice, 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 whatfoever.

VIII. Their High Mightineffes, the States General of the Seven United Provinces, fhall ufe the moft efficacious means in their power, to protect the fhips and goods belonging to any of the United States of America, be they private or public property, when in the ports, roads, or feas adjoining the faid iflands, &c. belonging to their faid High Mightinefes, and to use all their endeavours to bring about a restitution to be made to the owners, or their agents, of all veffels and goods captured within their jurifdiction; and the fhips 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 fhips 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 Mightinefies the Seven United Provinces of Holland.

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

X. Their High Mightineffes the States of Holland fhall inter

pofe,

« PreviousContinue »