The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-02-04 00:00:00, page 2

ATREATY of A mity and Commerce, between
t! eir High M ghtin<ffes, the States eneral of the
United Nether anls, and the United-States of Ameri
ca to wit, New Hampshire, Ma'ffac metis, Rho le-
JltQf and Providence Plantations, Connecticut,
New-York, N.w-Jmfey, Penofylvania, Delaware,
Maryland, Virginia, N ^th-Carohna, South-Caro
I tn and Georgia.
CT 1 H EIR high mi htineffes, the flares general of
1 the united Netherlands, and t.e united Gates of
America, to wit, New-Hamp'fhire, Miffichufetts,
Rhode-11l nd and Provience plantations, Copnedicut,
New-York, New Jerfy, Pennsylvania, Delaware,
Maryland, Virginia North Carolina Soutn-Caroli
na and Georgia, d-fieing to ascertain, io a permanent
and equitable manner, the rules to be obfervei, rela
tive to the commerce and correspondence wnich they
intend to eGabliG ibetween their refpc&iv Gates,
countries and inhabit mts, have judged that the said
end cannot be better obtained, than by eGabdfh;ng the
most perfe& equality and reciprocity for the basis of
their agreement and by voiding all those burtbenfome
preferences which are usually the sources of d bate,
embarrassment and difcontept ; by leaving also each
party at liberty to make, refecting commerce and
navigation, such ulterior regulations as it ihad find
ro 'ft convenient to itfelf, and by founding the advan
tages of commerce flely upon reciprocal utility and
the just rules of free intercourse , reserving with all, to
ech par y, t.e liberty of admitting, at its pleasure,
other nations to a participation of the fame advantages.
On these principles treir said high mightinei es, the
slates general of the united Netherlands, have named
for their plenipotentiaries from the miriG of their as
femby, messieurs their deputies for the f ,reign affairs :
and the said united Gates of America, on their part,
have furnished with tu ; l powt rs Mr. John Adams, late
commissioner of the united Gates of Ame ica at tie
court of Versailles, heretofore delegate in congress
from the state of Massachusetts Bay, and chef juflice
of the said Gate; who have agreed and concluded as
follows, to wit:.
Article r. T ere fhalfbea firm, inviolable and uni
verfal place and fiocere friennfhip between their high
mightinesses, the lords, the Gates genera of the unit
ed Netherlands and the united Gates of America ; arid
between the fubjefts and inhabitants of the (aid parties,
and between the countries, (lands, cities and places,
fifuated under the juri'd Rion of the said unites Ne
thr^nds an I the eaid united fines of America, their
fubjefts and inhabitants of every degree, without >x
ception o' persons or places.
Art, 21 The fubjt&s of the said flaes general of the
united Netherlands, (ball pay in the ports, havens,
rods, countries, islands, cities r places of the unit
ed ftatei of America, or any of them, no other nor
g eater duties or impoGs, of whatever nture or deno
mination they may be, than those which the nations
the moll favoured are or (hail be obliged to pay ; and
they drill enj \y all the rights, liberties, privileges, im
inanities and exemptions in tra le, navigation and
commerce which the fid nations do or shall enjey,
whet er in passing from one por to another in the said
slats-s, or in going from any of those ports to any fo
reigd port of the world, or from any foreign port of
the world to any of those ports.
Art. g The tub^a and inhabitants of the said
unit d Gates of America, (hall pay in the ports hav
ens, roa is, courses, islands, cities or places of the
said united Nederland ,or an of them, no other
Dor greater duties or imposts of whatever n .tore or de
nomination they may be, than those which the nations
the mod favoured are or (hall be obliged to pay : and
they shall enjoy ad the rights, liberties, privileges,
immunizes and exemptions in trade, navigation and
comm rce, which the said nations do or shall enjoy,
whether in passing from one port to another in the
frid dates, or from any one towards any one of those
ports, from or to any foreign port of the world : and
the united slates of America, with their fu je&s and
inhabitants, shall leave to those of their high mighi
neffes, the peac able enjoym^ nt of th ir rights in the
countries, islands and seas in the East and Wed-Indies,
without any hindrance or moleflation.
Art. 4. Tnere shall be an entire and perfect liberty
of confeience allowed to te fu jests and inhabitants
of each party, and to their,families, anno one shall
be molested in regard to his worship, provided he nb
mits as to the public demon ft ratin of it, to the laws
of the country : There shall be given moreover liberty,
when any fubjefts or inhabitant of either party shall
die in the territory f the other, to bury them in the
ufud Jurying places or in decent and convenient
grounds to be appointed lor that purpose, as occasion
shall require: and the dead bodies o f those whoare bu
ried, (had not in anywise be molested. And the two
contraaing parties shall provide each one in his jurif
diaion, that their refpeaive fubjeds and inhabitants
may hence forward obtain the requisite certificates in
cases of deaths in which the, shall be interefled.
W" "W" T HBREAS in pursuance of a,ple-
W f oi pmentiary commission, given on
A / tnerwen y nintiday of December,
" e thoufmd (even hundred and
WW eighty, to the bon. Jo'n Adams
efq ; a treaty of amity andcommerce
between their high mightinesses, the. flatus general of
the united Netherlands, and toe united date* of Ame
rica, was, on th- eighth day o' October, one thousand
seven hundred and righty-two, concluded by the said
John Adams, with,plenipotentiaries named (or that
purpose by their said high mighrineffes the Rates gene
ral of the united Netherlands: and witareas the Cod
treaty hath ben thbday unproved and ratified by the
united Rates tn congress ff~ bled, as the fame is con
tained in the words following, to wit.
A PROCLAMATION
By THE UNI TED STATES in CONGRESS assembled :
Art. 7. It sh II be lawful and free for the fubj^fis
o' each party, toemploy such adv cates, attornies,
notaries, folici'ors or factors, 8 they (hall judge proper.
Art. 8. M^rciiants, makers and owners of (hips,
mariners, men of all kinds, (hips and vessels, and all
merchandizes, and goods in general, and effects of
on* of the confederates, or f the fubjefts thereof,
shall not be feezed or detamed in any of the countries,
land*, islands, cities, places, ports, fllores, or domi
nations whatsoever of the other confederate, for any
military expedition, pubic or private use of any one, ,
by arrests, violence, or any colour thereof; much less
fhalfit be permitted to the fubjeets of either party,
to take or export by force, any thing from tie sub
jea.3of the o r her party, without the consent of the
own*r: Which however is not to be underwood of
failures, detentions and arrests, which shall be made
by rhe command and authority of justice, and by the
ordinary met ods on account of debts or crimes,in re
fpefl whereof, the proceedings must be, by way cf
law, according to the form, of justice.
Art. ~ It is further agreed and concluded, that it
fob be wholly free for all merchants, commanders of
(hips and ot' er fubjeds and inhabitants of the con
traaing parties, in ev'ry place fubjefyd to the jurif
diction of, the two powers refpfAively, to manage
themselves, tirir own business : And moreover as to
the use of interpreters o- brokers, as also in relation
to the loading or unloading of their v: ffels, and every
thing which has relation thereto, they (hall be, on
one (ide and on th- other, considered and treated upon J
the footing of natural fubjeAs, or at lead upon an
equality with the mofl favoured nation.
Art. 10. The merchant- (hips of either of t! e parties
coming from rhe port of an enemy, or from their own
or a neutral port, may navigate freely towards ary
port; of an enemy of the other ally: the (hall be, ne
verthtlefs, held, whenever it shall be required, to ex
hibit, as well upon the hi h f c as as in the ports, their
sea-letters and other documents, described in the twen
ty-fifth article, Gating expressly that their effects are
not of the number of those, which are prohibited as
contraband : And not having any contraband goods,
for an enemy's port, they may freely and without hin
drance, pursue their voyage towards the port ^f an
enemy. Nevertheless it shall not be requir'd to exa
mine the papers of vessels convoyed by vessels of war,
but credence ffiall be given to the word of the officer,
who shall cordon the c nvoy.
Art. 11. If by exhibiting the sea letters and other
documents described more particularly in the twen
ty fifth article of this treaty the other party shall
difeover there are any of those forts of goods, which
are declared prohibited and ontraband, and that they
are confirmed for a port under the obedience of his e
nemy, it shall not be lawful to break up the hatches
of such ship, nor to open any chest, coffr, packs,
calks, or other vessels found therein, or to remove
the tmabefl parcel of hr goods, whether the said "es
fel belongs to the fobjeas of th ir high mightinesses,
the Gates general of the united Netherlands or to the
fubjeds or inhabitants of the said united Gates of A
merica, unless the lading be bioug! t on shore, in pre
sence of N emfficers of the court of admiralty, and an
inventory thereof made, but there shall be no allow
ance, to fell, exchange or alienate the fame, until as
ter that due and lawful process frlldave been had a
gainst such prohibited goods of contraband, and the
Art. 5. Their high mightinesses, the Gates general
of the united Netherlands and the united Gates of Ane
ric shall endeavour, by all the meant in their voter, to
defend and proud all veffi Is and other effeds belonging
to tueir fubjeds and inhabitants refoe&ively, or to any
of them,in their ports roads, havens, internal fe s, pas
ses, rivers, land as far as their jurifdiAion ex ens at sea,
and to recover and Cause to be restored to tye true pro
prietors, their agents ar attorniev, all fucir veffJs an
elf ds, which shall be taken un er tnern jurifdiflon:
and their vessels of war and convoys, in cases, wren
they may havea common enemy, shall take under their
protection all the vessels, belonging to the objects and
ini abitants of either party, which sh li not be laden
with contrab nd goods, according to the d Script on
which shall b" made of them hereafter, for places,
with whch one of the parties is in peace, and the other
a t war, nor defined f r any place blocked, and w ich
shall hold the fame course or follow the fare rout :
and they (hall defend such vessels a long as tiey shall
hold the fame course, or follow tie fame rout, against
all attacks, force ind violence of the common enemy,
in the fame manner, as they ought to protest and de
fend the vessels, belonging to their own refpr&ivefub
jets.
Art. 6. The fubjeAs of the contrasting parties may,
on one fide and on the other, in the refpeaive countries
and Bates, dispose of their effects by testament, dona
tion or otherwise ; and their heirs, fubjeds of one of
the parties, a<d residing in the country cf the other,
or elsewhere, shall receive such successions, even ab in
teGato, w ether in person or by their attorney or sub
stitute, even although they (hall not have obtained let
ters of naturalization, without having the effeA of
such commission conteGed under pretext of any rights
or prerogatives of any province, city or private
person; and if the heirs, to whom such successions
may have <al en, shall be minors, the tutors or cura
tors, established by the judge domiciliary, 6f the (aid
minors, my govern, dird, adm.nifter, fell and alie
nate the effeas fallen to the said minors, by inherh
t.ncs and in general, in relation to the said fucceffi ns
and effe&s, use all the rights and fulfill all the fun'?i
on*, which belong by the di'pofition of the laws, to
guriiaos, utors, and curators: provided nevertheless,
that tnis disposition cannot take place, but 10 cases
whretue teffator shall not have named guardians, tu.
tors, curators by teflament, codicil, or other legal
inGru rent
court of admiralty by a sentence pronounced (h a ||
Have confifeated the fame, laving always as well the
sh p itfelf as any other goods found therein, which are
to b- esteemed free, a d may not be detained on pre
tence of their being infeßed by the prohibited goods
much less shall they be confifeated as lawful prize:
But on the contrary when by the visitation at land if
shall be found that there are no contraband goods' in
the v'ffel, audit (hill not appear by the papers that
he who has taken ?nd carried in the vessel has been a
b'e to difeover any there, he ought to be condemned
in all the charges, damages and interests of them
which he shall have caused both to the owner of ves
sels and to the owners and freighters of cargoes, with
which they shall be loaded, by his temerity in taking
and carrying them in, declaring most expressly the
fr-e vessels shall assure the liberty of the effects with
which they shall be loaded, and that this liberty shall
extend itfelf equally to the persons who shall be found
in a free vessel, who may not be taken out of'her un
less they are military men, actually in the service of an
enemy.
Art. 12. On the contrary it is agreed, that what
ever shall be found to be laden by the fubjeAs and in
habitants of either party, on ariy ship belonging 0 the
enemies of the other, or to their fubjefts, although it
be not comprehended under the fort of prohibited
goods, the whole may be confifeated, in the fame
m nner as if it belonged to the enemy; except neverthe
less such effeftsand merchandizes, as were put on board
Inch vessel, before the declaration of war or in the
space of fix months ^ter it, which eff^as shall not be
in any manner fubjed to confifcation, but shall be
faithfully and without delay r eflored in nature to the
owners, woo shall claim them or cause them to be
chimed, before the confifcation and sale, as also their
proceeds, if the claim could not be made but in the
space of eight months, after the sale, which ought to
be public: provided nevertheless, that if the said mer
chandiz s are contraband, it shall by no means be
aw'ul to trarfp >rt them afterwards to any port be«
longing to enemies
Art t?. A'd that more effeaual care may be taken
for the security of fubjec~ts and people of either p.rty,
toat they do not fuff r moleflation from the vessels of
war, or privateers of the other party, it shall be for
bidden to all commanders of vessels of wa-, and other
armed vessels of the said Gates general of the united
Neti erlnnds, and the said united Ga es of America, as
well as to all th-ir officers, subj 8s and people, to give
any offence or do any damage to those of the other
p-rty ; and if they aft to the contrary, they shall be
upon the firftcomplaint which shall be made ofit, be
ing found guilty after a jufl examination, punished by
them proper judges, and moreover obliged to make fa
tisfaßion for all damages and interefis thereof, by re
paration, under pain and obligation of their persons
• and goods.
Art. 74. For further determining of what has been
said, all captains of privateers, or fitters out of vessels
arm*d for war, under commission and on account of
private persons, shall be held before their departure,
to give fufficient caution before competent judges, ei
ther to be entirely responsible for the malverfations
which the, tn?y commit in their cruises or voyiges, as
well as for the contravention* cf their captains and of
ficers, against the present neaty, and again ft the or
dinances and edicts which shall be pubitfhed in conse
quence of, and conformity to it, under pain cf for
feiture and nullity of the said commission.
Art. 15. AH vessels and merchandizes of whatso
ever nature, which shall be refeued out of the hands
of any pirates or robbers, navigating the high (eas
without, requisite co nmiflhms, shall be brought into
feme port of one of the two Gates, and deposited in
the hands of the officers of teat port, in order to be
revered entire to the true proprietor, as soon as due
and fufficient proofs (hall made, concerning the pro
perty tin reof.
Art. 16 If any fh^ps or vessels belonging to either
cf the parties, their fubjefb or people shall witiju
the coasts or dominations of the otter, flick upon
rhe sands or 'e wrecked, n r fuff, r any other sea da
mage, ill friendly affiflence and relief ffiall be given
to he persons fhipw r erked or such as Ihali be indan
ger thereof ; and the vessels, effeds and merchandizes,
or the part of them w : i c wall have been fared, or the
proceeds of them, if being prrilhabie they shall have
been fold, being claimed w^hiu a year and a day, by
tie mafcrs or owners, or cneir agents or attornies,
lh?ll b # rfGored; [,ir t ,{ only the reasonable charges,
and that which mull be paid, in the fame case, for
the salvage, by the proper fubjefts'of the country :
there flofll also be delivered them fafe condors or
passports, for their free and fife paffag* from thence,
and to return each one to his own country.
Art 17. In case the fubjefts or people of either par
ty witi their dipping, whether public and of war, or
pr vate an I of merchants be fore d through stress of
weather, pursuit ofpirafes or enemi s,or any other ur
gent mveffity,for ftekingof belter an i harbour, to re
treat ind eater into any of the rivers, creeks, bays,
ports, r ads or ihores belonging to tie other party,
th*y fhd be rechv d with all humanity and kindness,
and enjoy all friendly cruettion and help, and they
fliad.be rermitted to refreth and provide t uemfelves at
reasonable rates, w^a viflua^ and ail things needful
for tl^ fuftenauce of chnr per ona, or reparation of
tbe'r (hips, avl thro ft.l! no ways he trained or hin
d red from returning out of the fold purts^r roads, but
may remove and depart ^^ and whrner they please,
with ut any let or hindrance.
Art. 18. For the better promoting of commerce
on b th sides, it is agrred, taat i : a war should break
out, between their high mightijefFrs toe Gates general
of the united Netherlands, and fie united Rates of A
merica, there ffiall always be granted to the fabjeas