The subjects and people of each of the parties, and the inhabitants

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.

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