« PreviousContinue »
ed by the above equitable princi- through the kingdoms, territories, ples, the forementioned contract. provinces, &c. or dominions whating parties have agreed on the ever, of either of the confederatfollowing articles :
ed states, to have their free egress Art. I. There shall be a perma- and regress, to remain in the said nent, unalterable, and universal places, and during the whole peace and amity, established be time be at liberty to purchase tween their High Mightinesses of every thing necessary to their own the Seven Provinces of Holland, and subsistence and use : they Mall allo the United States of North Ameri. be treated with every mark of reca; as well as between their respec. ciprocal friendship and favour. tire subjects, islands, towns and Provided nevertheless, that in territories, situate under the juris- every circumstance they demean diction of the respective states themselves in perłect conformity above mentioned, and their inha. with the laws, statutes, and orbitants, without any difinction dinances of those faid kingdom“, whatfoever of persons or sexes. towns, &c. where they may so.
11. The subjects of the United journ; treating each other with Provinces of Holland shall be lia. mutual friendthip, and keeping ble only to such duties as are paid up among themselves the most perby the natives and inhabitants of fect harmony, by means of a con. North America, in all the coun- ftant correspondence. tries, ports, islands, and towns V. The subjects of the contract. belonging to the said states; and ing powers, and the inhabitants of hall enjoy the righis, libertics, all places belonging to the said privileges, immunities and ex. powers, shall be at liberty to car. emptions in their trade and navi. ry their ships ard goods (such as gation, common to the said na. are not forbidden by the law of tives and inhabitants, when the the respective states) into all ports, subjects of Holland Mall have oc- places, &c. belonging to the said cafion to pass from one American powers, and to tarry, without ftate to another, as well as when any limitation of time: to hire bound from thence to any part of whole houses, or in part : to buy the world.
and purchase from the manuIU. The privileges, &c. granted facturer or retailer, either in the by the foregoing article to the public markets, fairs, &c. all States of Holland, are, by the forts of goods and merchandize present, confirmed to the inhabi. not forbidden by any particular tants of North America.
law; to open warehouses for the IV. The respective subjects of sale of goods and effects imported the contracting parties, as well as from other parts : nor Mall they the inhabitants of the countries, be at any tin:e ,forced against their islands, or towns belonging to the consent, to bring the laid goods laid parties, fhall be at liberty, and ware to the markets and without producing a written per- fairs; provided nevertheless, that miffion, private or public, pass, they do not dispose of them by to travel by land or water, or in retail, or elsewhere : they fall Whatever manner they think beit, not, however, be liable to any tax
or duties, on this or any other ac- tion whatsoever, the said subjects, cuant, except those only which inhabitants, &c. mall enjoy equal are to be paid for their ships or privileges, franchises, immunities, goods, according to the laws either in 'the courts of justice, and customs of the respective and in every matter of trade, ftates, and at the rates ftipulated commerce, or any other case, and by the present treaty, Moreover, shall be treated with the same they shall be entirely at liberty to favour and diftinction hitherto depart, without the least hin- granted, or hereafter to be granted drance, (this extends also to their to any foreign nation whatsoever. wives, children, and such 'fer VIII. Their High Mightinesses, vants who may be desirous to fol. the States General of the Seven low their master) and to take United Provinces, shall use the with them all goods bought or most efficacious means in their imported at any time ; and for power, to protect the ships and such places as they may think goods belonging to any of the proper, by land, or sea, or rivers, United States of America, be or lakes; all privileges, laws, they private or public property, conceffions, immunities, &c. to when in the ports, roads, or seas the contrary notwithstanding. adjoining the laid islands, &c. be
Vl. In regard to religious wor- longing to their faid High Mightie hip, the most unbounded liberty neiles, and to use all their endeashall be granted to the subjects of vours to bring about a reftitution the said confederate ftates, for to be made to the owners, or their themselves and families. They agents, of all vessels and goods fhall not be compelled to frequent captured within their jurisdic, the churches, &c. but shall have tion; and the thips of war befull liberty to perform divine fer- longing to their faid High Mighvice, after their own manner, tinesses shall take under their without any molestation in either protection, and convoy the thips church or chapel, or private belonging to the said American houses (apertis foribus). It is States, or any of the subjects or farther provided, that any subject inhabitants thereof, following the of one of the contracting powers same course, and defend the said dying in any place belonging to ships as long as they fail in com. the other, fall be interred in de- pany againit all attacks, violence, cent and convenient places, al- or oppression, in like manner às lotted for that purpose, and, in they are in duty bound to defend fine, that no insult shall, at any the ships of their High Mighti.' timę, or in any manner whatever, nesles the Seven United Provinces be offered to the dead or interred of Holland. bodies.
• TX. By this article, the same VII. It is farther agreed and obligation is laid on the Amerisettled, that in all duties, im- can States, in favour of the shipposts, taxes, &c. laid on goods, ping, &c. belonging to those of persons, merchandize, &c. of each Holland. and every subject of the contract. X. Their High Mightinesses ing powers, under any denomina: the States of Holland Hall inter
pose, and employ their good offic by such proofs as the laws of eices in favour of the said Ameri- ther of the contracting powers can States, their subjects and in- have provided in such cases; all habitants, with the Emperor of laws, ftatuies, edicts, droits d'AuMorocco, the Regencies of Al. baine, &c. to the contrary notwithgiers, Tunis, and Tripoli, and standing. all along the coast of Barbary and XII. The effects and property Africa, and with the fobjects of of the subjects of either of the the said powers, that the ships, contracting 'powers, dying in any &c. of the said American States, town, 'island, &c. belonging to be as much as possible, and to the the other, shall be requestered for best advantage, protected against the use of the lawful heirs and the violences, insults, depreda- successors of the deceased. The tions, &c. of the abovefaid princes council, or public minister of the and subjects on the coaft of Bar- nation, to which the person thus bary and Africa.
dying belonged, shall take an inXI. It mall be permitted and ventory of all such goods, effects, granted to each and every subject papers, writings, and books of acand inhabitant of the contracting counts of the deceased. The said powers, to leave, bequeath, or inventory to be delivered into the dispose of, in case of sickness, or hands of three merchants of knoin at their death, all effects, goods, and approved integrity, who shall merchandises, ready money, &c. be nominated for the purpose of being their property, at or before acting as trustees to the heirs, exetheir decease, in any town, island, cutors, &c. or creditors of the &c. belonging to the respective deceased : nor shall any court of contracting powers, in favour of judicature interfere, unlets the said such person or persons, as they heirs, &c. should require it in the may think proper. Moreover, due course of law. whether the said subjects fhould XIII. The respective subjects of die after having made fuch wills, the contracting parties, shall be at or inteftate, their lawful heirs, ex liberty to choose for themselves ecutors, or administrators, dwell. advocates, attornics, notaries, foing in any part of the posseflions licitors, and agents ; to this end, of the contracting powers, or that such advocates, &c. thail, by aliens coming from other coun. the judges of the courts aforesaid, tries, lhall be at liberty, without be called in, if the said judges hindrance or delay, to claim, nould, by the parties, be required and take possession of, all such so to do. goods and effects, conformably to XIV. The merchants, com: the respective laus of each coun- manders, or owners of thips, sailors try. Nor Thall their right be dif. of every denomination, thips or puted, under pretence of any pre- vessels, effects, and goods in gerogative, peculiar to any separate neral, belongiog to either party province, or person whatsoever. or any of its subjects or inhabia Provided, nevertheless, that the 'tants, Mall, at no time, for any claim to the effects of a person private or public purpole, by virwho died intellate, bę supported tue of any edict whatsoever, be
taken, er detained in the coun- retribotion to any body elfe. Nei. tries, 'ports, islands, &c. belong. thermall, they be compelled to ing to either of the contracting land any particular merchandize, parties, to be employed in the to pụt them on board other ships, service, to forward military expe. to take others on board their ditions, or any other purpose ; own, without their free consent ; and much less for the private use or to remain laden longer than, of any one, by violence, or other they fall think proper. The means made use of to moleft or subjects and inhabitants of the insult the said subjects. It is far- United States of America, fhall ther frictly forbidden to ihe said fully enjoy the same privileges in subjects,' on both sides, not to take all the dominions of the States of away, vir lently, the property of Holland, each other ; but, the consent of XVI. In case any dispute or. the proprietor once obtained, they controversy jhould arise between shall be at liberty to purchase, the master of a ship and his crew, paying ready money for the same. belonging to one of the two naThis article, however, is not to tions, and then in any port within be understood as extending to such the dominions of the other, concases, where the seizure Mall be cerning the payment of wages, made, or the embargo laid by the, or any other matter to be deter: authority of the legislative power mined by the civil law, the ma. for debts incurred, or crimes com- gistrate of such port, or place, mitted, which mall be tried by the hall only require the defendant due course of law.
to deliver to the plaintiff, a deXV. It is farther provided and claration under his hand; and wit. agreed, that all merchants, com- nefied by the said magistrate ; manders of tips, and other sub. by whic: the said defendant shall jects belonging to their High bind himself to appear, and an. Mightinesses the States of the Se. swer the complaint laid against ven United Provinces, shall re- him, before a competent judge in gulate their private 'affairs by his own country. This þeing done, themselves,' or by such agents as the said crew Thall not be permit. they may chuse, in all and every ted to leave the ship, or prevent place within the jurisdiction of the the mafter from following his United States of America : nor course. The merchants of either shall they be compelled to employ pation Mall be authorised to keep or pay any interpreter or broker, their books in what language and but" such as they think fit to ap- manner they may think beft, with; quint. Moreover, in the lading, out the least hindrance or moleft. or unlading' of ships, the masters ation. But, in case it should be Thall not be obliged to employ necessary, in order to settle a persons appointed for that pure point of law, for them to produce pore, by public authority ; but their books, they fhall bring them thall be at full liberty' to do it into court for examination ; in themselves, or call in the aflistance such a manner, however, that neiof any one they mall chuse, with. ther the judge, nor any one else, out being liable to pay any fee or whatsoever, thall be permitted ip
perufe any article in the faid of the cargo not prohibited by the books, but such as may be abfo- treaty, hall not be detained, unlutely necessary to ascertain the der the pretence of part of the ladauthenticity and regularity of the ing being condemned, and much said books. Nor Thall any one, less confiscated as' lawful prizes. under any pretence whatever, pre- But, in case part of the cargo fume 'to force the said books and should consist of the said prohia writings from the owners, or de. bited goods, and the master of the tain them : cases of bankruptcy ship shall consent to deliver them alone excepted.
up immediately, then the captor, XVII. The lips of either na. having taken out of the said thip tion, bound to the respective ports, the prohibited goods, thall permit shall, upon a juft cause of being the master to continue he course suspected, either in regard to their to the place of his deftination : deltination or their cargoes, be yet, if all the prohibited goods obliged to produce, either at sea, could not be taken on board the in the roads, or ports, not only captor, the latter thall, notwiththeir passports, but also certificates, ftanding the master's free tender witnelling chut the goods they have of the said goods, bring the for. on board are not prohibited by the mer into the nearest port, where respective laws.
it shall be produced in manner XVII. If, opon fuch certific aforesaid. cates being produced, the ex. , XIX. It is agreed on the conamining party thould discover that trary, that all effects, &c. of any some of the goods mentioned in subject of either state, found on the bills of lauing are prohibited any ship taken from an enemy, by this treaty, or bound to some such effects, &c. though they be port belonging to the enemy; in not prohibited by any article of such case it thall not be lawful to this treaty, shall be considered as break into any part of the thip, lawful prize, and be disposed of or force any trunk, boxes, bar- as if they belonged to the enemy : rels, &c. nor even to displace any (except only in case the war Nould part of the cargoes (whether fuch not have been proclaimed, or not Thip belongs to Holland or Ame- come to the knowledge of the rica) to come at the said goods, proprietors of the said effe&s, &c.) which are not in any ways to be which, in such cases only, shali searched until they are landed in not be liable to be confiscated, presence of some officers of the but be immediately returned 10 Admiralty-court, who shall enter the owners without any delay, a verbal process about them. Nor upon their making good their fhall it be permitted to sell, ex. claim ; provided, nevertheless, that change, or adulterate the said the said goods are not of the goods in any wise, till the law kind which are prohibited; nor thall have taken its course, and will it be lawful to ship them afthe matter be determined by the terwards, for any of the enemy's sentence of the respective Admi. ports : the two contrading parralty - courts, pronouncing them ties agreeing, moreover, thai" fix Seizable; the Maip and other parts months, from the date of a decla