as a fufficient notice to the fubjects of either State, whatever quarter of the world they may come from.

XX. In order to provide farther for the fafety of the fubjects on both fides, that neither of the parties may be annoyed by the armed fhips or privateers belong. ing to the other, during the courfe of a war, particular injunctions hall be laid upon the commanders of fhips and privateers, &c. &c. to the refpective fubjects of the contracting powers, not to vex or offer any moleftation to any one of them; and, in cafe of failure herein, the offending party fhall be punished, and compelled to make good the damage, their perfons and fortunes anfwering for the

fame.

XXI. All ships and effects retaken from privateers or pirates, fhall be carried into fome of the ports belonging to either State, and returned to the owners, upon their giving fatisfactory proofs of their right to the faid recap

tures.

XXII. It fhall be lawful for all commanders of fhips of war, privateers, &c. to carry off freely all hips and effects taken from the enemy, without being fubject to pay any duty or duties to the Admiralty or other courts; nor fhall fuch prizes be liable to be detained or feized upon in any of the ports of the respective States: the fearching officers fhall not be permitted to vifit or fearch the faid prizes the captors whereof will be at liberty to put back to fea, and convoy the prizes wherever they are directed to be carried; as Specified in the orders given to

privateers, &c. which they fhall be obliged to produce. But all the ports of both States fhall be fhut against all prizes made on the fubjects of either and in cafe fuch prizes and captors fhould be driven to fome of the faid ports, by ftrefs of weather, every means fhall be employed to haften their departure.

XXIII. In cafe any fhips, boats, &c. fhould be wrecked or otherwife damaged on the coafts of either of the contracting States, all aid and affiftance fhall be given to the direffed crews, to whom pasfes and free conduct fhall be granted for their return into their own country.

XXIV. If a fhip or fhips, either of war, or employed for the purpofe of trading, by one of the States, fhould, by ftrefs of weather, imminent danger from pirates, enemies, &c. be compelled to take shelter in any ports, rivers, bays, &c. belonging to the other, they fhall be treated with all humanity,

friendship, and most cordial protection. Leave fhall be granted them to take in provifions and refreshments at a reafonable rate, and to purchase whatever they may ftand in need of, either for themfelves or for the purpose of repairing the damage they may have fuffered, and alfo for the continuation of their voyage. No obftacle whatever shall be laid in their way to stop or detain them in any of the faid ports, &c. whence they fhall be at liberty to fail, whenever they may think fit.

XXV. In order to put commerce in the moft flourishing state, it is agreed, that, in cafe a war

fhould

fhould at any time break out between the contracting parties, fix months fhall be allowed to the refpective fubjects for them to retire with their families and property, to whatever place they may judge proper; alfo to be at liberty, during the above fpace of time, to fell or otherwife difpofe of their goods and chattels, without the leaft hindrance or moleftation. But, above all, it is provided, that the faid fubjects fhall not be detained, by arreftment or feizure. On the contrary, during the aforefaid fix months, the refpective States, and their fubjects, or inhabitants, fhall have good and speedy justice done to them; fo that, during the faid 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 hap pen to be embezzled, or that any infult or wrong fhould have been offered to the fubjects, &c. of either State, the offending party fhall give the immediate and convenient fatisfaction for fuch embezzlement, wrong, or infult.

XXVI. The fubjects, &c. of either State 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 fhall not be lawful for any privateer, not belonging to either of the contracting parties, which might be furnished with commiffions, or letters of

marque from any power, in actual enmity with either of them, to fit out their fhips in any port belonging to the faid States, therein fell their prizes, or make in any wife an exchange of their faid fhips, 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 ene mies of either party, whether the faid place be within the jurifdiction of one or more powers. is alfo hereby ftipulated, that the freedom of shipping 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 fhould be the enemy's property. This privilege is also to be conftructed as extending to all perfons whatever, on board the faid fhips (the military in the enemy's fervice only excepted) as well as contraband goods.

It

XXIX. This article contains a large enumeration of the goods prohibited to be carried to the

enemy,

enemy, which comprehends all manner of warlike ftores. It gives alfo an account of fuch goods as may be lawfully exported, name. ly 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, and feeds, fpices, tobacco, meat, falt or fmoaked, and every kind of eatables; in fine, fhip timber, fails, canvas, and every effect whatever not fashioned in the fhape of any tool or warlike infrument ufually employed in war, either by fea or land: all the aforefaid goods and wares, fhall 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 fach towns and places, which might happen to be befieged, furrounded or blocked up at, the time of shipping off, for their ufe, the faid wares and goods.

XXX. In order to prevent all diffenfion and difficulty which might arife between the fubjects 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, fhall 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 faid fubjects and inhabitants. The faid pafs to be worded as fhall be mentioned at the end of this prefent treaty.

Thefe letters, or paffes, fhall be renewed every year, if the bearers fhould return to the fame port within that time. It is farther agreed, that befides the aforesaid 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 faid fhips are to fail; and 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 their cargo, fhall not be compelled to declare in what it confifts, unlefs a well grounded fufpicion should arife, 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 cafe, 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 State, failing coaftways, or otherwife, fhall be met by the fhips of 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 merchantmen,

not

not fuffering above two or three men at a time to get on board to them. The master, or commander of the faid fhips, fhall prefent hist paffports, conformably to the tenor hereafter recited. After which, the faid fhip, or merchantman, 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 farther 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 stopped 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 cause. 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, vice confuls, 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 such officers,

Here follows the form of the paport and certificate, the in

tention and purport of which, are fufficiently explained in the XXXth article of this treaty.

No. II. Copy of a Letter to bis Excellency B. Franklin, Efq. at Paris.

SIR,

S your Excellency and the

A Right Honourable Congrefs

will certainly be already completely informed of my interview, at Aix-la-Chapelle, with Mr. William Lee, about a twelvemonth ago, in the prefence of Mr. William Stokton; and as he is fhortly to arrive himself, I have made no difficuty, 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 confit only in fuppreffing, in the fixth 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 conttitutions and fundamental laws of which plead aloud for a perfect liberty of confcience.

The tenth 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 eftablished to prevent objections. For this reafon, the latter part of the eighth article has been fuppreffed, where it is faid, and their ships of war,

vity, &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 shall be granted, &c.

The XXVIIth article at prefent ftands thus: It shall not be lawful for any privateer, holding any commiffions or letters of marque from any prince or power, in war with any of the high contra&ting. parties, to fit out their hips in the ports belonging to either of the contrading parties, nor therein to fell their prizes, nor to exchange in any other manner whatever, the fhips, goods, and merchandizes, being either the whole, or part of the cargo contained in the faid captures.

These are the measures that have 'been taken to establish the bafis 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 firft, and fuch as it ftands at prefent, we thought it our duty to inform your Excellency of the ftate in which this important affair is at prefent, and which we fhall always be ready to forward with the fame zeal with which it has been began.

Mr. Stokton will likewife inform your Excellency of fome other affairs, which ftand in need of fome explanations.

Wishing that the union of the Twenty States may foon be eftablifted 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.

kind, and he is very well informed, to give your Excellency and the right honourable Congrefs all the information neceffary with regard to the plan propofed by Colonel Dircks.

No. III. A Letter from Mr. J. W. Stokton, to the Rev. Dr. Witherspoon, Member of Congress, dated Amfterdam, April 14, 1779.

SIR,

NDER the perfuafion that

UND

you would not be difpleafed with me, I have taken the liberty of writing feveral letters to you, fince the month of May last, having, fince that time, at the requifition of W. Lee, Efq. executed the functions of fecretary to the American commiffion, at the courts of Vienna and Berlin, and I am at prefent on the point of returning to America with the first convoy.

I fend this letter to Mr. Adams, who is fet out, a few weeks ago, from Paris for Nantz, where he propefes to embark on board the frigate l'Alliance, which, it is thought, will be ready in a few days to fail for Boston.

I fhould certainly have taken my paffage on board the faid frigate with him, if it had been poffible" to convey my effects, which are ftill here on fhore, foon enough to Nantz. I must, therefore, now wait for another favourable opportunity, and I beg the favour of you to acquaint my brother thereof, having lately written to him, to that effect, by the preceding opportunity of a veffel. I have endeavoured, as much as poffible, to acquire a thorough knowledge of the true and exact state of

political