The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-02-04 00:00:00, page 3

Art. 19. No fubjeH of their high mightinesses the
Rates general of the united Netherlands, thall apply
for or take any commission or letters of marque for
arming any fpip or (hips, to aft as privateers against
the laid united Bates of America or any of them, or
.the fubjeas and inhabitants of the said united Rates
or .my of teem, or against the property ' the
inhabitants of any of them, from an* rrince or
fiate with which tee said united flatus of America may
happen to be at war ; nor (hall any fubjeft or inhabi
tant of the (aid united Rates of America or any of
them, apply for co take'any commission er letters of
marque for rmir.g any fllip or ships, to 'ft as priva
teers againd the rice and mighty lords, the ftatra ge
nralof the united Netherlands, or gainft the fuhjeas
of their big mightinesses, or any of them, or against
the property of any one of them, from Any prince or
flare with which their high mightinesses may be at war :
and if any person of either nation fnall take foch com
wßion or tetters of marque he shall be punifheo as a
pirate.
Art. 20. If the vessels of the- fubjea# or inhabi
tants of one o' the parties, come upon any coari be
longing to either of the said allies, but not willing to
enter into port, or bring entered into port and not
willing to unload their cargoes or break bu k, or take
in any cargo, they shall not be obliged to p y neither
for the vessels, nor t e cargoes, any duties of entry in,
or out, not to render any account of their cargoes, at
leaf! if there is not just cause to presume, that they
carry to an enemy, merchandizes of contraband.
Art. 21. The two contracting parties grant t
each other mutually, the liberty of having each in t e
pors of re oth+r, confab, vice consuls agents and
commiflaries of their own appointing, whose funaions
fhali be regulated by particular agreement, whenever
either party chafe to make such appointments
Art. 22. This treaty fhallnot be understood in any
main r to derogate from the ninth, tenth, nineteenth
and twenty-fourth articles of rhe treaty wifi, France,
as they were numbered in the fa ne. treaty, concluded
the sixth of February 1778, and which make the ar
ce, ninth, tenth seventeenth and twenty-second of
the treaty of commerce now fubfifling between the u
nited Rate of America and the crown of France: nor
shall it hinder his catholic majesty from acceding ro
t ar treaty and enjoying the advantages of the said
four artic>e c .
Art. 23 If at any time the united ftatesof Ame
rica, thall judge necessary to commence negpria ions
vit the king or emperor of Morocco and Fez, and
with the regencies of Algier Tunis or Tripoli, or
with any of them, to obtain passports for the feuri
ty of treir navigation m toe medterrantan sea their
high mightinesses promise tat upon the requisition
which the united Rates of Amer ca fnall make of it,
th+y will second such neg ciations in the most favour
able manner, by means of their confuL refiling near
the (aid king," emperor and regencies contraband.
Art. 24. T^e liberty of navigation and commerce
shall extend to all forts of merchandizes, excepting on
ly those which are difliogutfhed u der the name of con
traband or merchandizes prohibited: and under this
denomination of contrab nd and merchandizes prohi
bited (hall be comprehended only warlike Hores and
arms, as mortar", artillery with their artifices and ap
purtrnences, fufils pißols, bombs, grenades, gun
powder, felt petre, (°lphur matety bullets a? d balls,
pikes, fibres laares, halberts, caique cu raffes, and
other forts of arms ; as also soldiers, horses, fiddles
and furniture for horfrs. All oth f r efeas and mer
chandi7.es, not before fpecined exprt ffly. and even all
forts of naval waiters, however proper fey may be,
for the conßruaioD and equipment of veffel* of w r,
or tor the manofcaure of one or another fort of ma
chines of war, by land or f a, fhdl not b judged con
tr band, n ither by the letter, nor according to any
pretended interpretation whatever, ought they, or can
they be comprehended, under the notion of eftas pro
hibited or contraband : so that all effear and merchan
dizes, which are not expr Aly b fore named, may
without any exception, and in perfe& liberty be tran
sported, by the fubjeay and inhabitants of both allies,
from and 'o places belonging to the enemy, excepting
only the places which at t e fate rim shall be belli ged,
blocked or inveled and those places only sh 11 be
,held for such, which are forrounded nearly by some of
the belligerent powers.
Art. 25. To the end that all diffention and quarrel
may be avoided and prevented, it has been agreed,
that in case that one as the two parties happins to be
at war, the vessels belonging to the fubjeds or inha
bitants of the other ally, shall be provided with sea let
ters or passports, expressing the name, the property
and the burthen of the vessel, as also the name and the
place of abode of the master, or commander of the said
veiel, to toe end, that thereby it may appear, that
the vessel really and truly belongs to fubjeds or inha
bitants of one of the parties; which passports shall
be drawn and distributed according to the form an
nexed to this treaty , each time that the veff I shall
return, she should have such her passport renewed, or
at leaf! they ought not to be of more antient date
than two years, before the vessel has been returned to
her own country.i
It has been also agreed that such vessels, being
leaded, ought to be provided not only with the said
30 e?c'i fide, the term of nine months, after the date
of the rupture, or the proclamation of war ; to the end
that they may retire with their effects, aid transport
them whers they please ; which it Shall be lawful for
them to do, as well as to fell or tranfpert their effefls
and goods in all freedom, ad without any hindrance,
and without being able to pr red during t e said term
of nine month's, o any arrett of their efftfts, much lets
of their person ^'a the contrary, thr- thall be given
them, for their vessels and their effeds which tiny
would carry away, padpprH and fate conducts, for
the nearest ports of their refp.etive countries'; and
for the time necefcry for the voyage, and no prize
made at sea shall ne adjudged lawful, at leaf! if the
declaration of war was not or could not be known, in
the lad port whicnt e vessel taken hasquitted, but
for whatever may have been taken from the (objects
and inhabitants of either party, and for the offences
w ich rmy have been given them, in the interval of
tt aid terms, a compleat fatisfaaion shall be given
th m.
Ait. 28 Tie affair of refraction shall be regulated
in all equity and juftreq by the ma7fflrates of cities
refpedively where it thall be i u Iged that therein any
room to complain in this refped.
Art 29 .The present treaty shall be ratified and
approved by their hi^h mightinesses, the Rates gene
ral of the united Netherlands, and by the united
flatus of America, and the ads of ratification shall be
delivered in good and due form on one fide and on th
other, in the (pace of fix month,, or sooner i poffi
ble, to be computed from the day of the signature.
Art. 26. If te vessels of the said fubjeds, or in
habitants of either of the parties, failing along the
coasts or on the high seas, are met by a vessel of war
or privateer, or other armed vessel of the other party,
tne said veff Is of war, privateers or armed vessels for
avoiding all disorder, shall remain without the reacn
of cannon, but may fend their boats on board the
m rchant vessel which they shall meet in this man
ner, upon which they may not pass more than two
or hree men, o whom the master or commander shall
exhibit his passport, containing the prop rty of the
vessel according s o the form annex 'd to this treaty;
and the vessel, after having exhibited such a paffport',
sea-letter a„d other documents, shall be free to conti
nue her v O , age, so that it shall not be lawful to molest
her, or search her in any manner, nor to give her
chafe, nor to force her to alter htr course.
Art. 27. ft fhi| | b-^wful for merchants, captains
anC !# nimanders of vessels, whether public, and of war,
or pr vate, and of merchants, belonging ; 0 the said
:°r. e l "'" ° f America > or any of them, or to their
(objects and nhabitahts, to take freely into their ser
vice, and receive on boird of their vessels, in any port
°! ?'^ ce '" ' ' juriflilion of their high mightinesses
aforefaid, seam-n or others, natives or inhabitants of
of any of the said ft re&, uoon such conditions as they
shall agree on, wi hour he ng fubjed for this to any
, penalty, punishment, process or reprehension
whatsoever • and reciprocals, ail mere an,s, captains
an. commanders, belonging to the said united Ne
therlands, th II enjoy, in all the ports and places un
der t e ob dience of the hid united Rates of America,
the fame privil g^ of engaging and receiving feamm,
or others, natives or inhabitants of iny country of the
domination of the said Rates general; provide I, that
neither on one fide nor the other, they my not take
into their service, r uch of t^eir countrymen who have
already engaged in the service of t ^ o?h° r party con
trading, whether in war or trade, and whether they
meet them by land or sea ; at leal, if t e captains or
m fters, under the commas of whom such pe r fong
may be found, will hot, of his own consent, difebarge
th^m from the r fevice, upon pain of being otherwise
treated and puniihed as deArter,
passports or sea-letters, but also with a general pass
port, or with particular passports or manifefts, or 0-
ther public documents, which are ordinarily given to
vessels outward-bound, in the ports from whence the
vessels have set fail in the last place, containing a
fpecification of the cargo, of the place from whence
the vessel departed ; and of that of bpr deßination, or
instead of all these, with certificates from 'he magif
'rates or g vernors of cities, places and co onies,
from whence th" vessel came, given in the wual form,
to tie end that it may be known whether there are
any effeßs prohibited or contraband on board the v f
fels, and whether tney are defined to be carried to an
enemy's country or not. And in case any one judges
proper, to expre s, in the said documents, the persons
to whom the effect* on board belong, he may do it
freely, without however, being bound todo it ; and the
omission of such expression cannot and ought not to
cause a confiscation.
In faith of which, we the deputies and plenipotenti
aries of the lords the Rates general of the united Ne
therlands, and the minifler plenipotentiary, of the u
nited Rates of America, in virtue 0 our refpeaive
authorities and full powers have signed the present trea ~
ty and opposed thereto the seals of our arms. Done
at the Hague the Bth October, 1782.
The form of the Puffport which shall be given to ship s
and vessels in consequence of the 25th article of this
Trety.
TO AL T who (hall fee th*fe prefects greeting: Be
it known that leave an! permiffon are hereby given to
master a d commander of the (hip
or vessel billed of the burden of tons, or
thereabouts, lying at prf nt in the port or haven of
bound for and lodep witn to de
part and proceed with his fail flrip or vessel on his said
voyage, such sh p or vessel having been visited, and
the fail master and commander having made oath be
fore the proper officer, that the said flip or vessel be
longs to one or more of the subj fb, people or inhabi
tants of and t, him or them only. In wit
ness whereof we have (übferjbed our names to these
prefects, a^d affixed the fed of ou r arms thereto, and
caused the fame to be Countersigned by at
this dy of lin the y^ r of our 'ord Chrifl.'
Form of the certificates wnich shall lx given to (hips
or vessels in consequence of toe 25th article of ,{ s
treaty.
We magistrates or officers of the cuft mr,s of
the city or port of do certify and attest, that
on the day of in the year of our lord
C. D. of personally appeared before us, and de
clared by lolemn oath, that the ship or vessel called
of tons or thereabouts, whereof of
is at prefect mafler or commander, does rightfully and
properly belong co him or them only That (he is
now bound from the city or port of to the port of
laden with goods and merchandises, hereunder
particularly described and enumerated as follows ;
In witoef whereof, we have figoed thi, certificate,
and sealed it with the seal of our office, thi# day
of in the year of ou r Lord Christ,
MOST serene, (erene, mod puissant, puissant, high,
illustrious, noble, honorable, venerable, wife and
prudent lords, emperors, kings, republics, princes,
dukes, earls, barons, lords, burgomaflers, fchepens,
councillors, as also judges, officers, jftuiciaries and
regents, of all the good cities and places, whether ecle
fia ftkal or secular, who shall fee these patents, or hear
them read :—\Ve, burgomasters and regents of the
city erfmake known, that the master of
Form of the SEA-LETTER.
AND whereas a convention, concerning vessels re cap
tured, was at the phee and on the day abovemention
ed, concluded by rhe said minister plenipotentiary, on
the part of these united slates, with the said plenipo
tentiaries on the part o' the said lor is, the Rates gene
ral of the united Netherlands ; and the fame hath been
this day approved and ra ified by the united Rate" in
congress assembled, as it is contained in the words fol
lowing, to wit.
Art. r. The v-ffris of either of the two nations, re.
Captured by 'he privateers of the other, (hall be ruftoi
ed to the firft proprietor, if such vessels have not b^ea
sou and twenty hours in the power of the enemy; pro
vided the o^ner of the vessel recaptured pay therefor
on* third of the value of the v'fcl, as also of that of
the car 0, ih/caoncns and apparel; which third shall
be valued by agreement between the parties ieprefted,
or, f thiy cannot agee thereon among themselves,
they sh all addrafe thern solves to the o^ rrs of the ad
miralty of the place where the privateer, who has ie
taket , the vessel, (had have conducted her.
CONVENTION between the Lords the States General
of the^United Netherlands and the United States of
A merica, concerning veffel# recaptured.
-, HE 'o do, the fhtes general of the 11 ited Nether
-1 lands, and the united Rates of A nerica, b^in,
inclined to tftablifh some uniform pinkie es, with re
lation +0 prizes made by vessels of wr, and commissi
oned hy the two contra &in^ pewns, upon their erm
mon anemia, 2nd to vessels or the iuhje&s of either
party, captured ^ the enemy, and recaptured b, ves
sels of war rommiffi nad by either party ; have agreed
upon the following Articles.
Art. 4. The reftituton <f 1 riz*s, whether they
m+y have been retaken ty vessels of wtr or by privi
terrs, io the m an time, and until r’quifite;n? fuf
fi lent proofs can be given of the property of vessels
recaptured, fh^l be admitted in a reasonable t m-, un
der fufficiem fureti+s for the oofervation of Qe afo e
faid articles.
'afts, which he at present navigates, is of the united
provinces, and that no fubjeßs of the enemy have
any part or portion therein, directly nor indi/eßly,
so may God Almigiity help him : and as we w,ifh to fee
the said master prosper in his lawful affairs, our
prayer is, to all the before mentioned, and to each
of them separately, where the said master fha'l ar
rive, with his vessel and cargo, test they may please
to receive the said master with goodness, and to
treat him in a becoming manner, permitting him up
on tee usual tolls and expences, in passing and re
repaffing, to pass, navigate and frequent the ports,
passes and t^rritori 3, to the end, to tranfaft bis bu
siness, where and in what manner he shall judge pro
per ; whereof we shall be willingly indebted.
In wenef', and for cause whereof, we affix hereto
the seal of this city.
( In the Margin. )
By 0 dinance of the High a^ Mighty Lords, the
States General of the United Netherlands.
Art. 2 If the vessel recaptured has been more than
twenty fnir hours in the powar of the ,nem% (he shall
belong, entirely, to the privateer who has retaken h r.
Art. 3. In case a vessel fnall have wen recaptured by
a ve r el of war belonging to the Rates general of the
united Netherlands, or to the united ft^trs of America,
(lie (hall be rertmed to the firft owner, he p ying a
thirtieth part of the vdoe of rhe fh;p, her cargo, can
nons and apparel, if fb& baa been recaptured in tein
terval of twenty four hour.-, and the tenth part f the
ha* ha-n recaptured eftar tin twenty four hours : mhich
force (had be dilbibuted in form o' gratifies ions to the
crews of the vtffels which shall have r tako her,
Ths valuation of the ibid thirtieth parts and tenth p rts
shall '? ragulster: according to the tenor of ths fi it ar
ticle of the oref-nt convention.
D^ at H^ue, the 8:h of Oftober, 1782.
NOW therefore, to the end that the said treaty and
cooven'i^n may, with all- g :> ,d faith, be performed
and pbferved on the part of these united slur-. all the
citizens uid inhabitants thereof, ant more Specially
all captains, and other officers and f^am^n belonging
to any vessels of war of taele united dates or any of
r em, or at any private arrae-IvhftH commissioned by
cnngreL, are hereby enjoined and required to govern
themfelv^ Rrtdly in all t mgs according to the (Lpu
lations a bove recite'.
At. 5. The vrff-ls of war and privateers, o'ene
an/ o' th" other of tha two nations, (bid be recipro,
rede, b<th in Europa and in th, oth#r p, rt g o f r , a
world, admitted in the rafpeaive p r rts of each with
thfr prizes, which my be unloa 'rd and fob' ac
cording to thr Grmrid^s nrd in th* Rate where the
prize (ha! 1 have' been cnqcb&d, a# far a* may be con
f&rrt *itb the 221 arbe e of t^e treaty o' commerce t
provided always, that the legality of prizes, by the
vessels of the low-count-ies, lb*ll he decide,; con
formably to the laws 2nd reyniati'Ds elw jilted in
the united Netherlands ; as Lk^wifa, that of prizes
mrde by American vefrls,,ftnll be judged re ording
to ths laws and regulations determined by tieunit
ed Rates of America.
appearing before us, has declared upon o^th, that
the vessel, called of the burthen of about
Art. 6 Moreover it (hal! be free for the flats
general of th# united Netherlands, a$ w e # : a, f. r
the united ft^'-s of America, to mkr fuh reguh
rionn as they (hill judge rereffary, relative to the con
du& whi-.h 'heir refpe&.va vtffh' and uriv^e.#
ourht to hold in relation to the v?fftls when thy
(had have takn and condu&d into the pous of the
tw 1 powers.
In fai h o' which. WE, the demises and pl n
potent ar,es <f the lords the R:.tt3 ge^al of the
united Netherlands, and minister plenipotenti r« of
the unit'd Rat 3 of America, hav- in virtue of'our
tefru&ive'auaontCT and full powers, tinned title
pr^fsu, and confirmed the fame with the fal of our
a<ms. #
DONE in Congress this twenty-lhird day of Janu
ary, in the year of onr Lord one thousand se
ven hundred and eighty-three, and of our f%
vereignty and independence the seventh.
ELIAS BOUDINOT, /refidenrt
Charles Thomson, fec'ry.-