of the countries, islands, cities, or towns, subject or belonging
to either of them, shall have leave and license to come with their
ships or vessels, as also with the goods and merchandise on board the
same, (the trade or importation whereof is not prohibited by the laws
or ordinances of either country) to the lands, countries, cities,
ports, places, and rivers of either side, to enter into the same, to
resort thereto, to remain and reside there without any limitation
of time; also to hire houses, or to lodge with other people, and to
buy all kinds of lawful merchandise and goods where they think fit,
from the first workman or seller, or in any other manner, whether
in the public market for the sale of things, in mart towns, fairs,
or wheresoever those goods or merchandise are manufactured or sold.
They may also lay up, and keep in their magazines or warehouses, and
from thence expose to sale, merchandise or goods brought from other
ports; neither shall they in any wise be obliged, unless willingly
and of their own accord, to bring their said goods or merchandise
to the marts or fairs; on this condition, however, that they shall
not sell the same by retail or in shops, or anywhere else. But they
are not to be loaded with any impositions or taxes on account of
the said freedom, or for any other cause whatsoever, except what
are to be paid for their ships, vessels, or goods, according to
the laws and customs received in each country, agreeable to the
stipulations in this treaty. And, moreover, they shall have free
leave and permission, without any kind of hinderance or molestation,
to remove themselves, also if they shall happen to be married,
their wives and children, if they have any, and their servants,
if they are willing to go with their masters, together with their
merchandise, wares, goods, and effects, either bought or imported,
whatsoever or whithersoever they shall think fit, out of the bounds
of each country, by land or by sea, on the rivers and fresh waters,
notwithstanding any law, privilege, grant, immunity, or custom, in
any wise importing the contrary.
ARTICLE VI.
In the business of religion, there shall be entire liberty allowed
to the subjects of each of the confederates, as also if they are
married, to their wives and children; neither shall they be compelled
to go to the churches, or to be present at the religious worship
in any other place. On the contrary, they may, without any kind of
molestation, perform their religious exercises after their own way,
in churches, chapels, or houses, with open doors; moreover, liberty
shall be granted to bury the subjects of either party, who die in
the territories of the other, in convenient and decent places to be
appointed for that purpose, as occasion shall require; neither shall
the dead bodies of those that are buried be any ways molested.
ARTICLE VII.
Furthermore, it is agreed and concluded as a general rule, that all
and singular the subjects of their said High Mightinesses, the Seven
United Provinces of Holland, and of the said United States of America
in all countries and places subject to their power on either side as
to all duties, impositions, or customs whatsoever, concerning goods,
merchandise, persons, ships, vessels, freights, seamen, navigation,
and commerce, shall use and enjoy the same privileges, liberties, and
immunities at least, and have the like favor in all things, as well
in the courts of justice as in all such things as relate either to
commerce, or to any other right whatever, which any foreign nation
the most favored has, uses, and enjoys, or may hereafter have, use,
and enjoy.
ARTICLE VIII.
Their High Mightinesses, the States of the Seven United Provinces of
Holland, shall endeavor, by all means in their power, to protect and
defend all vessels and the effects belonging to the subjects, people,
or inhabitants of the said United States of America, or any of them,
being in their ports, havens, or roads, or on the seas near to their
countries, islands, cities, or towns, and to recover and cause to be
restored to the right owners, their agents, or attornies, all such
vessels and effects, which shall be taken within their jurisdiction,
and their ships of war, or any convoys sailing under their authority
shall, upon all occasions, take under their protection all vessels
belonging to the subjects, people, or inhabitants of the said United
States of America, or any of them, or holding the same course, or
going the same way, and shall defend such vessels as long as they
hold the same course, or go the same way, against all attacks, force,
and violence, in the same manner as they ought to protect and defend
vessels belonging to the subjects of their said High Mightinesses,
the States of the Seven United Provinces of Holland.
ARTICLE IX.
In like manner, the said United States of America, and their ships
of war sailing under their authority, shall protect and defend,
conformable to the tenor of the preceding article, all the vessels
and effects belonging to the subjects of the said Seven United
Provinces of Holland, and use all their endeavors to recover and
cause to be restored to their right owners, the said vessels and
effects, that shall have been taken within the jurisdiction of the
said United States of America, or any of them.
ARTICLE X.
Their High Mightinesses, the States of the Seven United Provinces of
Holland, will employ their good offices and interposition with the
King or Emperor of Morocco or Fez, the Regency of Algiers, Tunis,
or Tripoli, or with any of them, and also with every other Prince,
State, or Power on the coast of Barbary in Africa, and the subjects
of the said King, Emperor, States, and Powers, and each of them, in
order to provide as fully as possible for the benefit, conveniency,
and safety of the said United States and each of them, their
subjects, people, and inhabitants, and their vessels and effects,
against all violence, insult, attacks, or depredations on the part of
the said Princes or States of Barbary, or their subjects.
ARTICLE XI.
It shall be lawful and free for merchants and others, being subjects
either of the said Seven United Provinces of Holland, or of the said
United States of America, by will or any other disposition made
either during the time of sickness, or at any other time before,
or at the point of death, to devise or give away to such person or
persons as to them shall seem good, their effects, merchandise,
money, debts, or goods, movable or immovable, which they have, or
ought to have, at the time of their death, or at any time before,
within the countries, islands, cities, towns, or dominions belonging
to either of the said contracting parties; moreover, whether they
die, having made their will, or intestate, their lawful heirs,
executors, or administrators, residing in the dominions of either of
the contracting parties, or coming from any other part, although they
be not naturalised, and without having the effect of this concession
contested or impeded, under pretext of any rights or prerogatives
of provinces, cities, or private persons, shall freely and quietly
receive and take possession of all the said goods and effects
whatsoever, according to the laws of each country respectively;
the wills and rights of entering upon the inheritances of persons
dying intestate must be proved according to law, in those places
where each person may happen to die, as well by the subjects of
one as of the other contracting party, any law, statute, edict,
custom, ordinance, _droit d’aubaine_, or any other right whatsoever
notwithstanding.
ARTICLE XII.
The goods and estates of the people and subjects of the one
contracting party, that shall die in the countries, islands, lands,
cities, or towns of the other, shall be preserved for the lawful
heirs and successors of the deceased, the right of any third person
always reserved, and such goods and effects, together with the
papers, writings, and books of accounts of such deceased persons,
shall be put into an inventory by the Consul or other public Minister
of such party, whose subject has so died, and put into the hands
of two or three reputable merchants, that shall be named by such
Consul or public Minister, to be kept for the heirs, executors,
administrators, or creditors of the deceased, nor shall any judiciary
whatever inter-meddle therein, until applied to according to the
forms of law by such heir, executor, administrator, or creditor.
ARTICLE XIII.
It shall be lawful and free for the subjects of each party to employ
such advocates, attornies, notaries, solicitors, or factors, as they
shall think fit; to which end, the said advocates and others above
mentioned may be appointed by the ordinary judges if it be needful,
and the judges be thereunto required.
ARTICLE XIV.
Merchants, masters of ships, owners, mariners, men of all kinds,
ships and vessels, and all merchandise and goods in general, and
effects of one of the confederates or of the subjects thereof, shall
not on any public or private account, by virtue of any general
or special edict be seized or detained in any of the countries,
lands, islands, cities, towns, ports, havens, shores, or dominions
whatsoever of the other confederate for public use, for warlike
expeditions, or for any other cause, and much less for the private
use of any one shall they be detained by arrests, compelled by
violence or under any color thereof, or in anywise molested or
injured. Moreover, it shall be unlawful for the subjects of either
party to take anything, or to extort it by force from the subjects
of the other party, without the consent of the person to whom it
belongs, and it be paid for with ready money; which, however, is not
to be understood of that detention and seizure, which shall be made
by the command and authority of justice, and by the ordinary methods
of account of debt or crimes, in respect whereof, the proceedings
must be by way of law, according to the forms of justice.
ARTICLE XV.
It is further agreed and concluded, that it shall be wholly free for
all merchants, commanders of ships, and other subjects of their High
Mightinesses, the States of the Seven United Provinces of Holland,
in all places subject to the dominion and jurisdiction of the said
United States of America, to manage their own business themselves,
or to employ whomsoever they please to manage it for them; nor
shall they be obliged to make use of any interpreter or broker, nor
to pay them any salary or fees unless they choose to make use of
them; moreover, masters of ships shall not be obliged, in loading
or unloading their ships, to make use of those workmen that may be
appointed by public authority for that purpose; but it shall be
entirely free for them to load or unload their ships by themselves,
or to make use of such persons in loading or unloading the same
as they shall think fit, without paying any fees or salary to any
other whomsoever; neither shall they be forced to unload any sort of
merchandise, either into other ships, or to receive them into their
own, or to wait for their being loaded longer than they please, and
all and every the subjects, people, and inhabitants of the said
United States of America, shall reciprocally have and enjoy the same
privileges and liberties in all places whatsoever, subject to the
dominion and jurisdiction of their High Mightinesses, the States of
the Seven United Provinces of Holland.
ARTICLE XVI.
A dispute arising between any commander of the ships on either side
and his seamen, in any port of the other party, concerning wages due
to the said seamen or other civil causes, the magistrate of the place
shall require no more from the person accused, than that he give to
the accuser a declaration in writing, witnessed by the magistrate,
whereby he shall be bound to answer that matter before a competent
judge in his own country, which being done, it shall not be lawful
for the seamen to desert the ship, or to hinder the commander from
prosecuting his voyage. It moreover shall be lawful for the merchants
on both sides, in the places of their abode or elsewhere, to keep
books of their accounts and affairs in any language or manner, and on
any paper they shall think fit, and to have an intercourse of letters
in such language or idiom as they shall please, without any search or
molestation whatever; but if it should happen to be necessary for
them to produce their books of accounts for deciding any dispute or
controversy, in such case they shall bring into Court the entire
books or writings, but so as that the judge, or any other person may
not have liberty to inspect any other articles in the said books,
than such as shall be necessary to verify and authenticate the matter
in question, or such as shall be necessary to give credit to the said
books; neither shall it be lawful under any pretence, to take the
said books or writings forcibly out of the hands of the owners, or to
retain them, the case of bankruptcy only excepted.
ARTICLE XVII.
The merchant ships of either of the parties, which shall be making
into a port of the other party, and concerning whose voyage and the
species of goods on board her there shall be any just grounds of
suspicion, shall be obliged to exhibit, as well upon the high seas
as in the ports and havens, not only her passports, but likewise
certificates expressly showing that her goods are not of the number
of those, which have been prohibited as contraband.
ARTICLE XVIII.
If, by exhibiting the abovesaid certificates, mentioning the
particulars of the things on board, the other party should discover
there are any of those sorts of goods, which are prohibited and
declared contraband by this treaty, and consigned for a port under
the obedience of his enemies, it shall not be lawful to break up
the hatches of such ship, or to open any chest, coffer, pack, cask,
or any other vessel or package found therein, or to remove the
smallest particle of the goods, whether such ship belongs to the
subjects of their High Mightinesses, the States of the Seven United
Provinces of Holland, or to the subjects or inhabitants of the said
United States of America, unless the loading be brought on shore in
presence of the officers of the Court of Admiralty, and an inventory
thereof made; but there shall be no allowance to sell, exchange, or
alienate the same in any manner, until after that due and lawful
process shall have been had against such prohibited goods, and the
Court of Admiralty respectively shall, by a sentence pronounced, have
confiscated the same; saving always as well the ship itself, as any
other goods found therein, which by this treaty are to be esteemed
free; neither may they be detained on pretence of their being, as
it were, infected by the prohibited goods, much less shall they be
confiscated as lawful prize; but if not the whole cargo, but only
part thereof shall consist of prohibited or contraband goods, and the
commander of the ship shall be ready and willing to deliver them to
the captor who has discovered them, in such case, the captor having
received those goods shall forthwith discharge the ship, and not
hinder her by any means from freely prosecuting the voyage on which
she was bound; but, in case the contraband merchandise cannot be all
received on board the vessel of the captor, then the captor may,
notwithstanding the offer of delivering him the contraband goods,
carry the vessel into the nearest port, agreeable to what is above
directed.
ARTICLE XIX.
On the contrary, it is agreed that whatever shall be found to be
laden by the subjects, people, or inhabitants of either party on
any ship belonging to the enemy of the other, or to their subjects,
the whole, although it be not of the sort of prohibited goods,
may be confiscated in the same manner as if it belonged to the
enemy himself, except such goods and merchandise as were put on
board the ships before the declaration of war, or even after such
declaration, if it so be that it was done without the knowledge of
such declaration, so that the goods of the subjects and people of
either party, whether they be of the nature of such as are prohibited
or otherwise, which as aforesaid were put on board any ship belonging
to an enemy before the war, or after the declaration of the same,
without knowledge of it, shall no ways be liable to confiscation, but
shall well and truly be restored without delay to the proprietors
demanding the same; but so as that if the said merchandise be
contraband, it shall not be any ways lawful to carry them afterwards
to any ports belonging to the enemy. The two contracting parties,
that the terms of six months being elapsed after the declaration
of war, their respective subjects, people, and inhabitants, from
whatever part of the world they come, shall not plead the ignorance
mentioned in this article.
ARTICLE XX.
And that more effectual care may be taken for the security of the
subjects and people of either party, that they do not suffer any
injury by the men of war or privateers of the other party, all the
commanders of the ships of war and the armed vessels of the said
States, of the Seven United Provinces of Holland, and of the said
United States of America, and all their subjects and people shall
be forbid doing any injury or damage to the other side, and if they
act to the contrary, they shall be punished, and shall moreover be
bound to make satisfaction for all matter of damage, and the interest
thereof by reparation, under the pain and obligation of their persons
and goods.
ARTICLE XXI.
All ships and merchandise of what nature soever, which shall be
rescued out of the hands of pirates or robbers on the high seas,
shall be brought into some port of one or the other party, and shall
be delivered into the custody of the officers of that port, in order
to be restored entire to the true proprietor, as soon as due and
sufficient proof shall be made concerning the property thereof.
ARTICLE XXII.
It shall be lawful for the ships of war, privateers, or armed vessels
of either party, freely to carry whithersoever they please the ships
and goods taken from their enemies, without being obliged to pay
any duty to the officers of the Admiralty or any other judges, nor
shall such prizes be arrested or seized when they come to and enter
the ports of either party; nor shall the searchers or other officers
of those places search the same, or make examination concerning the
lawfulness of such prizes, but they may hoist sail at any time,
and depart and carry their prizes to the place expressed in their
commissions, which the commanders of such ships of war, privateers,
or armed vessels shall be obliged to show. On the contrary, no
shelter nor refuge shall be given in their ports to such as shall
have made prize of the subjects, people, or property of either of the
parties; but if such shall come in, being forced by stress of weather
or the danger of the seas, all proper means shall be vigorously used
that they go out and retire from thence as soon as possible.
ARTICLE XXIII.
If any ships or vessels belonging to either of the parties, their
subjects or people, shall, within the coasts or dominions of the
other, stick upon the sands, or be wrecked, or suffer any other
damage, all friendly assistance and relief shall be given to the
persons shipwrecked, or such as shall be in danger thereof; and
letters of safe conduct shall likewise be given to them for their
free and quiet passage from thence, and the return of every one to
their own country.
ARTICLE XXIV.
In case the subjects or people of either party with their shipping,
whether public and of war, or private and of merchants, be forced
through stress of weather, pursuit of pirates or enemies, or any
other urgent necessity for seeking shelter and harbor, to retreat and
enter into any of the rivers, creeks, bays, havens, roads, ports,
or shores, belonging to the other party, they shall be received
and treated with all humanity and kindness, and enjoy all friendly
protection and help, and they shall be permitted to refresh and
provide themselves, at reasonable rates, with victuals and all things
needful for the sustenance of their persons or reparation of their
ships and conveniency of their voyage; and they shall no ways be
detained or hindered from returning out of the said ports or roads,
but may remove and depart when and whither they please without any
let or hinderance.
ARTICLE XXV.
For the better promoting of commerce on both sides, it is agreed,
that if a war should ever happen to break out between the said
contracting parties, six months after the proclamation of war
shall be allowed to the merchants, subjects, and people on either
side, in countries, cities, and towns where they may happen to
reside, in which time they themselves may retire, together with
all their families, goods, merchandise and effects, and carry them
whithersover they shall please, as likewise, at the same time, the
selling and disposing of their goods, both movable and immovable,
shall be allowed them freely and without any disturbance, and, in
the meantime, their goods, effects, wares, and merchandise, and
particularly their persons, shall not be detained or troubled by
arrest or seizure, but rather in the meantime, the subjects and
people on each side shall have and enjoy good and speedy justice, so
that during the said space of six months they may be able to recover
their goods and effects, intrusted as well to the public as to
private persons; and if anything be taken from them, or any injury be
done by either party, or the people, or subjects on either side, full
satisfaction shall be made for the same by the party committing such
injury or doing such damage.
ARTICLE XXVI.
No subjects of their High Mightinesses, the States of the Seven
United Provinces of Holland, shall apply for or take any commission
or letter of marque for arming any ship or ships to act as privateers
against the said United States of America, or any of them, or against
the subjects, people or inhabitants of the said United States, or any
of them, from any Prince or State with which the said United States
of America shall happen to be at war; and if any person of either
nation shall take such commission or letter of marque, he shall be
punished as a pirate.
ARTICLE XXVII.
It shall not be lawful for any foreign privateers, not belonging to
the subjects of their High Mightinesses, the States of the Seven
United Provinces of Holland, nor to the citizens of the said United
States of America, which have commissions from any other Prince or
State in enmity with either of the contracting parties, to fit their
ships in the ports of either the one or the other of the aforesaid
parties, to sell what they have taken, or in any other manner
whatsoever to exchange their ships, merchandise, or any other lading;
neither shall they be allowed even to purchase victuals, except such
as shall be necessary for their going to the next port of that Prince
or State from which they have commissions.
ARTICLE XXVIII.
It shall be lawful for all and singular the subjects of their High
Mightinesses, the States of the Seven United Provinces of Holland,
and the citizens, people, and inhabitants of the said United States
of America, to sail with their ships with all manner of liberty and
security; no distinction being made who are the proprietors of the
merchandise laden therein, from any port to the places of those who
now are or hereafter may or shall be at enmity with the said States
of the Seven United Provinces of Holland, or the said United States
of America. It shall be also lawful for the subjects and citizens
aforesaid, to sail with the ships and merchandise aforementioned,
and to trade with the same liberty and security from the places,
ports, and havens of those who are enemies of either party, without
any opposition or disturbance whatsoever, not only directly from
the places of the enemy aforementioned, to neutral places, but also
from one place belonging to an enemy, whether they be under the
jurisdiction of one and the same power, or under several. And it
is hereby stipulated, that free ships shall also give a freedom to
goods, and that every thing shall be deemed to be free and exempt,
which shall be found on board the ships belonging to the subjects of
either of the confederates, although the whole lading, or any part
thereof should appertain to the enemies of either, contraband goods
being always excepted. It is also agreed in like manner, that the
same liberty be extended to persons who are on board a free ship,
with this effect, that although they be enemies to both or either
party, they are not to be taken out of that free ship, unless they
are soldiers, and in the actual service of the enemies.
ARTICLE XXIX.