The royal gazette — [Charleston] S.C., 1781-03-31 00:00:00, page 2

I •'' proceedings must be by way of law, according to the
fams' of justice.
Art. XV. It is farther agreed and concluded, that it shall
be wholly free for all merchants,, commanders pf ships and
other fubjeds of their High Mightinesses the States of the
Seven United Provinces, in all places fubjed to the dominion
and jurisdiction of the laid United States of America, to nw
nagei their own business themselves, and to employ whomfe
ever they please, to manage it for them ; nor ihall they be
obliged to make use of any interpreter or broker, nor to. pay
them any salary or fees, unless they chufe to make use of them ;
moreover .readers of ships shall not be obliged in loading or
unloading their ships to make use of those workmen, that may
be appointed by pubiick authority for that purpose, but it shall
be entirely free for them to load or unload their ships by them
selves, or to make use of such persons in loading or unloading
the fame, as they shall think fit, without paying any fees or
salary to any person whomsoever ; neither shall they be forced
to unload any fort of merchandize, either into other ships, or
to receive them into their own, or to wait for their being load
ed, longer than they please. And all add every of the fubjeds,
people, and inhabitants of the said United States of America
Ihall reciprocally have and enjoy the fame privileges and li
berties in all places whatsoever, fubje& to the dominions and
jurifdidion of their High Mightinesses the States of the Seven
United Provinces of Holland.
Art. XVI. A dispute arising between any commander of
the ships on either fide 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 magiftrate,'
whereby he shall be bound to answer the 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 profecutihg his voyage. It
moreover shall be lawful for the merchants on both tides 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 hap
pen to be necessary for them to produce their books of
iaccounts 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 infeed any other articles in 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 re
tain them ; the case of bankruptcy only excepted.
Art. 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
cxprefsly ihewing that her goods are not of the number of
those, which have been prohibited as contraband.
Art. XVI(I. If by exhibiting the above said certificates
mentioning the particulars of the things on board, the other
party shall difeover there are any of those forts of goods which
are prbhibited 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, calk, or any other vessel or package
found therein, or to remove the smallest of the goods, whe
ther such ship belongs to the fubjeds of their High Mighti
nesses 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.the pre
sence of the officers of the Court of Admiralty, and an in
ventory thereof made: but there shall be no allowance to
fell, exchange, or alienate the* fame in any manner, until,
after that due and lawful process shall have been had against
such prohibited goods, and the Court of Admiralty respec
tively shall by a Sentence pronounced have confifeated the
fame, saving always as well the ship itfelf, 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 in
feded by the prohibited goods ; much less shall they be con
fifcatcd,as lawful prize; butif not the whole cargo but only
a part thereof ihall consist of prohibited goods, @d the com
mander of the fllip shall be ready and willing to deliver thr m
to the captor who has discovered them, in such case the
captor having received those goods shall forthwith difeharge
the ship and not hinder her by any means from freely pro
secuting 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 hint the contraband goods, carry the ves
sel into the nearest port agreeable to what is above directed.
Art. XIX. On the contrary, it is agreed that whatever
shall be found to be laden by the fubjeds; people or inhabi
tants of either party, on any ship belonging to the enemy of
the other, or to his fubjefts, the whole although it be not of
the fort of prbhibited goods, may be confiscated in the fame
manner as if it belonged to the enemy himfelf,. except such
goods and merchandizes as were put on board the ship before
the declaration of war, or even after such a declaration, if
it so be, that it .was done without party, whether they be
of the nature of such as are prohibited or otherwise, which as
aforefaid, were put on board any ship belonging to an enemy
before the war, or after the declaration of the fame, with
out knowledge of it, shall no ways be liable to confiscation,
but shall be well and truly restored without delay to the
proprietor demanding the fame, but so as that if. the said
merchandizes be contraband, it shall not be any ways lawful
to carry them afterwards to any ports belonging to the
enemy: The two contrasting parties agree that the term of
fix months being elapsed, after the declaration of wa, their
refpedtive fubjeds, people and inhabitants from whatever
part of the world they come, shall not plead ignorance of what
is mentioned in this article.
Art. XX. And that more effectual care be takch for the
security of the subjects and people of either party, that they
do not fuller any injury from the men of war, 'or privateers
cf the other party, all the commmanders 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 A
merica, and all their fubjeds and people shall be forbid do
ing any injury or damage to the other fide; and if they act
to the contrary, they shall be punished, and shall moreover
be bound to make fatisfadion for all matter of damage and
the interest thereof by reparation under the pain and obliga
tion of their persons and goods.
Art. XXL All fllips and merchandizes of what nature
soever, which shall be refeued out of the hand 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 custo
dy of the officers of that port, in order to be restored entire
to the true proprietors, as soon as due and fufficient proof
fliall be made concerning the property thereof.
Art. XXII. It ihall be lawful for the .ships of war, priva
teers, or armed vessels of either party, freely to carry whi
therfoever they please, the ships and goods taken from their
enemies, without being obliged to pay any duty to the offi
cers 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 Marchers or, other offi
cers of these places search the fame, or make examination con
cerning the lawfulnefs of such prizes, but they may hoist fail
and depart at any time, and carry away their prizes to the
place expressed in their commiflions, which the Commanders
of such ships of war, privateers, or armed vessels ihall be ob
liged to shew. On the contrary, no shelter or refuge shall be
given in their ports, to such as ihall have made prizes of the
fubjeds, people or property of either of the parties ; but if
such ihall 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.
Art. 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 flick upon the sand, or be wrecked,
.or Suffer any other damage, all friendly abidance and relief
shall be given to the persons Shipwrecked, or such as ihall be
in danger thereof; and letters of fate conduct ihall likewise
be given to them for their free and quiet passage from thence,
and the return of every one to their own country.
Art. XXIV. In case the subjects or people of either party,
with their shipping, whether publick and of war, or private
and of merchants, be forced through stress of weather, pur
suit of pirates or enemies, or any other urgent necessity, for
seeking of ihelter, or retreat, to enter into any of the rivers,
creeks, bays, havens, roads, ports, or shores of the other
party, they ihall 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 reparations of their ships, and
conveniency of their voyage, and they ihall no ways be de
tained, or hindered from returning out of the. said ports or
roads, but may remove and depart when and whither they
please, without let or hindrance.
Art. XXV. For the better promoting commerce on both
sides, it is agreed, that if ever a war should : happen to break
out between the said contracting parties, fix months after the
proclamation of war shall be allowed to the merchants, fub
jeCts and people of either fide in the countries, cities and
towns where they may happen to reside, in which time they
themselves may retire together with all their families, goods,
merchandizes, and effects, and carry them whitherfoever they
shall please ; as likewise at the fame time the felling and dispo
sing of their goods, both moveable and immoveable, shall be
allowed them freely and without disturbance; and in the mean
time their goods, wares, and merchandises, and particularly
their persons shall not be detained or troubled by arrest or
feizure,'but rather in the mean time the fubjeds and people
on each fide shall have and enjoy good and speedy justice, so
that during the said space of fix months, they shall be able to
recover their goods and effeCts entrusted as well to the publick
as to private persons; and if any thing be taken from them,
or any injury be done by either party, or the people or fub
jeCts on either fide, full fatisfadion shall be made for the fame
by the party committing such injury or doing such damage.
Art. XXVI. No fubjeCts of their High-Mightinesses the
States of the Seven United Provinces of Holland, shall apply
for to take out any commission or letter of marque for arming
any ship or ships, to ad as privateers against the United States
of America 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 commis
sion, or letter of marque, he shall be punished as a pirate.
Art. XXVII. It shall not be lawful for any foreign priva
teers, not belonging to the fubjeds 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 contrasting parties, to fit their ships in the ports
of either the one or the other of the aforefaid parties, to fell
what they have taken, or in any manner whatsoever to ex
change their ships, merchandizes or any other lading ; neither
shall they be allowed to purchase yi&uals, except such as shall
be necessary for their going to the next port of that Prince or
State from which they had commissions.
Art. XXVIII. It shall be lawful for all and singular the
fubjeds of their High Mightinesses the States ofthe Seven Uni
ted Provinces of Holland, and the citizens, people and inha
bitants of the said United States of America, to fail with their
ships with all manner of liberty and security, no diftinftions
being made who are the proprietors of the merchandize laden
therein, from any port to the places of those who now are, or
hereafter shall be at enmity with the said States of the Seven
United Provinces of Holland, or the said United States of A
merica; it shall also be lawful for the subjects and citizens a
forefaid to fail with the ships and merchandizes aforemention
ed, and to trade with the fame 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 diredtly from the places of the enemy aforementioned to
neutral places, but also from one place belonging to an ene
my, to another place belonging to an enemy, whether they
be under the jurifdiCtion of one and the fame power, or un
der several. And it is hereby stipulated, that free ships shall
also give a freedom to goods, and that every thing ihall be
deemed to be free and exempt, which shall be found on board
the ships belonging to the subjects of the confederates, al
though the whole lading or any part thereof should appertain
to the enemies of either ; contraband goods being always ex
cepted.
It is also agreed in like manner, that the fame 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 actual service of the enemies.
Art. XXIX. This liberty of navigation and commerce
shall extend to all kinds of merchandizes, excepting those
only which are distinguished by the name of contraband or
prohibited goods, and under this name of contraband or
prohibited goods, shall be comprehended arms, great guns,
bombs with their fuzes, and other things belonging to them,
fire-balls, gun-powder, matches, cannon-balls, pikes, swords,
lances, spears, halberts, mortars, petards, grenades, falt
petre, muskets, muiket-balls, helmets, head-pieces, breast
plates, coats of mail, and the like kind of arms proper for
arming soldiers, mufketrefts, belts, horses with their furniture,
and all other warlike instruments whatever.
These merchandizes which follow shall not be reckoned
among contraband or prohibited goods, that is to fay, all
forts of cloths, and all other manufactures made of wool,
flax, hemp, silk, or any other materials whatever. All kinds
of wearing apparel, together with the species whereof they
are used to be. made: Gold and silver, as well coined as un
coined, tin, iron, lead, copper, as also wheat and barley,
and every other kind of corn and pulse, tobacco, and like
wise all manner of spices, salted and fmokted flefh, salted
fifh, chcefe and butter, beer, oils, wines, cyder, sugars, sy
rups, and all fort of salt, and in general of all provisions
which serve to the nourishment of mankind, and the sus
tenance, of life: furthermore all kinds of cotton, hemp,
flax, tar, pitch, turpentine, ropes, cables, fails, fail-cloth,
anchors, and any parts of. anchors, also ships masts, planks,•
boards and beams of what trees soever, and ill other things
proper either for building or repairing ships, and other goods
whatsoever which have hot been worked into the form of
any instrument, or thing prepared for war, by land or by sea,
shall not be reputed contraband, much'lefs such as have been
"''*XXXIII. It is alio agreed that ail goods, when once
put on board the ship or vessel of either party, shall not be
fubjeft to any farther visitation, but all visitation or fearch*
shall be before hand, and all prohibited goods shall be flop
ped on the spot before the fame shall be put on board the
ships or vessels of the refpeftive parties, their fubieds or
people ; nor shall the persons or goods of the fubjeds of their
said High Mightinesses, the States of the Seven United Pro
vinces of Holland, or the said United States of America be
put under an arrest, or molefled by any other kind of em
bargo for that cause, but only the fubjeds of that power by
which the said goods have been, or shall be prohibited, who
shall have presumed to fell or alienate such fort of goods, may
be duly punished tor the offence, according to the laws, cut
toms, or ordinances of his own com try.
^ rt -,, X X X !Y- The tw ° contrasting parties grant to each
mutuahy the liberty of having each in the ports of the other,
Consuls, Vice-Consuls, Agents and Commissaries of their
own appointing, whose functions shall be regulated by par
ticular agreement, whenever either party chooses to make
such appointment.
FORM of the Certificate to be given to ships or vessels confor
mable to the XXXth article of this treaty.
W E Magistrates (or officers of the cuf
toms,) of the port or haven of - ----- do
certify and attest, that onrthe - - - of - - - - in
the year of our Lord - - - - C. D.—of - - - - -
personally appeared before us, and declared by solemn oath,
the ship or vessel called ----'of ---- Tons'
or thereabout, whereof - - - - of - - - - is at
present master and commander, does rightfully and properly
belong to him (or them) only; that die is now bound from
the port or haven of - - - to the port of - - - - -
laden with goods and merchandizes hereunder particularly
described, and enumerated as follows -------
In witness whereof we have signed this certificate, and sealed
it with the seal of our office, this day of
- - - - - in the year of our Lord Christ
THIS is a rough plan of a Treaty of Commerce, which in
con sequence of the appointment and inftrudions of the
Honourable Mr. Anglebert Francis Van Berckel, Council or
Penfionary of the City of Amsterdam, to me John de Neuf
ville, citizen of the said city of Amsterdam, I have perused, con
sidered, and fettled with William Lee, Esq; Commissioner of
Congress, as a proper Treaty of Commerce to be entered into
between their High Mightinesses the States of Holland, and
the United States of North-America. This done at Aix la
Chapelle, the 4th day of September, 1778.
A true copy certified by me (Signed) John de Neufville,
(Signed) Samuel W. Stockton.
APPENDIX,
To the PLAN of a Treat, of Commerce, between their High
Migb+meffes the States General, and the United States of A
merica.
High honourable Sir,
AS your Excellency and the high honourable Congress will
. be fully informed before this time of my meeting at Aix
la Chapelle with Wm. Lee, Esq; about a year ago, where S^
FO R M of the Passport to be given to ftfs or vessels, confor
mable to the XXXth article of this treat,.
TO all who shall fee these prefehts, greeting: Be it known,
that leave and permission are hereby given to - - -
-master and commander of the ship
(or vessel) called of the Of
- - - - burthen . - - . tons or thereabouts, lying
at present in the port or haven of bound for
- - - - - - and laden with - ------ to
depart and proceed with his said fliip or vessel on his said
voyage such ship or vessel having been visited, and the
master and commander having made oath before the proper
officer, that the said fliip or vessel belongs to one or more
of the flibjeds, people or inhabitants of - - - - and to
him (or them)only. In witness whereof we have fubferibed
our names to these presents, and affixed the seal of our arms
thereto, and caused the fame to be countersigned by----
at - - - - this - - - - day of - - - in
the year of Our Lord Christ
already wrought and made use of f) any other ufc: all of
which shall be.whohy reckoned among free goods; as likewise
all other merchandizes, and tilings which are not compre
hended and particularly mentioned in the foregoing enume
ration of contraband goods, so that they may 'be transported 1
and carried, in the freed manner by the subjects and citizens
pt both confederates even to places belonging to an enemy,
such towns or places being only excepted as are at that time
besieged, blocked up, or invested.
Art. XXX. To the end that all manner of diffention and
quarrel may be avoided and prevented on both sides, it is a
greed, that in case either of the parties hereto should be en
gaged in war, the Ihips and vessels, belonging to the fubjeds
or citizens of the other ally, mult be furnilhed with sea letters
or passports expressing the name, property and bulk of the
ship or vessels, as also the name, place, or habitation of the
matter or commander ofthe said ship or vessel, that it may ap
pear thereby that the ship really and truly belongs to the fub
je&s or citizens of one of the parties, which passport shall be
made out and granted according to the form annexed to this
treaty. They shall likewise be recalled every year, that is, if
the ship or vessel happens to return home within the space of a
year., It is likewise agreed that such ships or vessels being
laden, are to be provided not only with passports, as above
mentioned, but also with certificates containing the cargo
the place from whence the ship failed and whither she is bound;
that so it may be known, whether any forbidden or contra
band goods be on board the fame, which certificates shall be
made out by the officer of the place from whence the ship or
vessel set fail in the accustomed form. And if any one shall
think it fit, or advisable to express in the said certificates the
perfonsto whom the goods on board belong, he may free! ydo so.
Art. XXXI. . The ships or vessels, of either of the parties'
coming upon any coasts, belonging to either of the said con
federates, but not willing to enter into port, or being entered
into port, and not willing to unload their cargoes, °or break
bulk, shall not be obliged to give an account of their lading
unless they should be fufpeded of some manifeft tokens of
carrying to the enemy of the other ally any prohibited ^oods
called contraband. And in case of such manifeft suspicion
the said subjects and citizens of either of the parties shall be
obliged to exhibit in the ports their passports and certificate's,
in the manner before fpecified.
Art. XXXII. Ifthe ships or vessels ofthe fubjeds or people
of cither ofthe parties shall be met with failing along the coasts
or on the high sea by any ship of war, privateer, or armed
vessel of the other party, the said ships of war, privateers, or
armed vessels, for the avoiding of any disorder, shall remain
out of cannon shot, and may fend their boats aboard the mer
chant ships, which they shall so meet with, and may enter her
to the number oftwo or three men only, to whom the master
or commanded of such ship, or vessel shall exhibit his passport,
concerning the property of the ship or vessel, made out accor
ding to the form annexed to the present treaty ; and the ship
or vessel, after such passport has been ihewn, ihall be free and
at liberty to pursue her voyage so as it shall not be lawful to
moieft or search her in any manner, to give her chace or to
force her to quit her intended course.