The New-Jersey gazette — Burlington [N.J.], 1783-03-05 00:00:00, page 2

Art. 21. The two contrasting parties grant to
each other mutually, the liberty of having each in
the ports of the other, consuls, vice-consuls, agents
and commifiarics of their own appointing, whose
functions shall be regulated by particular agreement,
whenever either party choose to make such appoint
ments.
Art. 22. This treaty shall not be understood in
any manner to derogate from the ninth, tenth, nine
teenth and twenty-fourth articles of the treaty with
France, as they were numbered in the fame treaty,
concluded the sixth of February 1778, and which
make the articles, ninth, tenth, seventeenth and
twenty-second of the treaty of commerce new sub
sisting between the United States of America and
the crown of France : nor shall it hinder his Ca
tholick Majesty from acceding to that treaty and en
joying the advantages of the said four articles.
Art. 23. If at any time the United States of A
merica, shall judge necessary to commence negoc.a
tions with the King or Emperor of Morocco and
Fez, and with the regencies of Algiers, Tunis or
Tripoli, or with any of them, to obtain passports
for the security of their navigation in the Mediterra
nean sea; their high mightiiicffes promise, that up
on the requisition which the United States of Ame
rica shall make of it, they will second such negoci
ations in the most favourable manner, by means of
their consuls residing near the said King, Emperor
and Regencies contraband.
Art. 24. The liberty of navigation and com
merce shall extend to ail forts of merchandizes, ex
cepting only those which are distinguished under
the name of contraband or merchandizes prohibited:
and under this denomination of contraband and
merchandizes prohibited shall be comprehended on
ly warlike stores and arms, as mortars, artillery with
their artifices and appurtenances, fufils, piltols,
bombs, grenades, gun-powder, falt-petre, fulphur,
match, bullets and balls, pikes, fabres, lances, hal
berts, cafques, curralLs, and otner forts of arms;
as also soldiers, horses, faddies and furniture for
horses. All other effects and merchandizes, not be
fore fpecified expressly, and even all forts of naval
matters, however proper they may be, for the con-
Rruftion and equipment of vessels of war, or for the
manufacture of one or another fort of machines of
war, by land or sea, shall not be judged contraband,
neither by the letter, nor according to any pre
tended interpretation whatever, ought they, or can
they be comprehended, under the notion of effects
prohibited or contraband: so that all effects and
merchandizes, which are not expressly before named,
may without any exception, and in perfect liberty,
be transported, by the fubjedts and inhabitants of
both allies, from and to places belonging to the ene
my, excepting only the places which at the fame
time shall be besieged, blocked or invested, and those
places only shall be held for such, which are sur
rounded nearly by some of the belligerent powers.
Art. 25. To the end that all diffeption and quar
rel may be avoided and prevented, it has been agreed,
that in case that one of the two parties hap
pens to be at war, the vessels belonging to the fub
jeds or inhabitants of the other ally, Ihall be pro
vided with sea-letters or passports, expressing the
name, the property and the burden of the vessel,
as also the name and the place of abode of the mas
ter, or commander of the said vessel, to the end,
that thereby it may appear, that the vessel really
and truly belongs to fubjedts or inhabitants of one
of the parties; which passports ihall be drawn and
distributed according to the form annexed to this
treaty; each time that the vessel shall return, she
should have such her passport renewed, or at least
they ought not to be of more autient date than two
Treaty of Amity and Commerce between the States
General of the United Netherlands and the United
States of America, continued from our last.
Art. 19. Al O fubjed of their high mightinesses the
states general of the United Nether
lands, shall apply for or take any commission or let
ters of marque for arming any ship or ships, to a^ as
privateers against the said United States of America,
or any of them, or the fubjeds and inhabitants of
the said United States, or any of them, or against
the property of the inhabitants of any of them, from
any prince or hate with which the said United States
of America may happen to be at war; nor shall any
fubjedt or inhabitant of the said United States of
America, or any of them, apply for or take any
commission or letters of marque for arming any ship
or ships, to aft as privateers against the high and
mighty lords, the states general of the United Ne
therlands, or against the fubjeds of their high migb
tineffes, or any of them, or against the property of
any one of them, from any prince or state with
which their high mightinesses may be at war: and
if ary person of either nation shall take such com
mission or letters of marque he shall be punished as a
pirate.
Art. 20. If the vessels of the Subjects or inhabi
tants of one of the parties, come upon any coast be
longing to either of the said allies, but not willing
to enter into port, or being entered into port and
not willing to unload their cargoes or break bulk,
or take in any cargo, they shall not be obliged to
pay neither for the vessels, nor the cargoes, any du
ties of entry in, or out, nor to render any account
of their cargoes, at lead if there is not just cause to
presume, that they Carry to an enemy, merchandizes
of contraband.
years, before the vtffel has been returned to her own
country.
It has been also agreed that such vessels, being
loaded, ought to be provided not only with the said
passports or sea-letters, but also with a general pass
port, or with particular passports or manifefts, or
other publick documents, which are ordinarily giv
en 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 her
destination ; or instead of all these, with certificates
from the magistrates or governors of cities, places
and colonies, from whence the vessel came, given
in the usual form, to the end that it may be known
whether there are any effects prohibited or contra
band on board the vessels, and whether they are
destined to be carried to an enemy's country or
not. And in case any one judges proper to express,
in the said documents, the perlons to whom the ef
fects on board belong, he may do it freely, without
however, being bound to do it ; and the omission
of such expreflion cannot and ought not to cause a
confiscation.>
Art. 26. If the vessels of the said fubjefts, or in
habitants of either of the parties, failing along the
coasts or on the high teas, are met by a vessel of war
or privateer, or other armed vessel of the other par
ty, the said vessels of war, privateers or armed ves
sels, for avoiding all disorder, shall remain without
the reach of cannon, but may fend their boats on
board the merchant vessel which they fliall meet in
this manner, upon which they may not pass more
than two or three men, to whom the master or com
mander shall exhibit his passport, containing the
property of the vessel, according to the form an
nexed to this treaty; and the vessel, after having
exhibited such a passport, sea-letter and other docu
ments, shall be free to continue her voyage, 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 her course.
Art. 27. It shall be lawful for merchants, cap
tains and commanders of vessels, whether publick,
and of war, or private, and of merchants, belong
ing to the said United States of America, or any
of them, or to their fubjedts and inhabitants, to take
freely into their service, and receive on board of
their vessels, in any port or place in the jurifdi&i
on of their high mightinesses aforefaid, teamen or
others, natives cr inhabitants of any of the laid
states, upon such conditions as they shall agree on,
without being fubjed for this to any fine, penalty,
punishment, process or reprehension whatsoever ;
and reciprocally, all merchants, captains and com
manders, belonging to the said United Netherlands,
shall enjoy, in all the ports and places under the
obedience of the said United States of America, the
fame privilege of engaging and receiving seamen, or
others, natives or inhabitants of any country of the
domination of the said states general ; provided, that
neither on one fide nor the other, they may not
take into their service, such of their countrymen who
have already engaged in the service of the other party
contracting, whether in war or trade, and whether
they meet them by land or tea; at least, if the cap
tains or matters, under the command of whom such
persons may be found, will not, of his own con
lent, difeharge them from their service, upon pain
of being otherwise treated and punished as deserters.
Art. 28. The affair of retraction shall be regu
lated in all equity and justice, by the magistrates
of cities refpedively, where it shall be judged that
there is any room to complain in this relpeht.
Art. 29. The present treaty shall be ratified and
approved by their high mightinesses the states gene
ral of the United Netherlands, and by the United
States of America, and the adls of ratification shall
be delivered in good and due form on one tide and
on the other, in the fence of fix months, or sooner
if possible, to be computed from the day of the sig
nature.
In faith of which, we the deputies and plenipo
tentiaries of the lords the Rates general of the U
nited Netherlands, and the millifter plenipotentiary,
of the United States of America, in virtue of our
refpe&ive authorities and full powers, have signed
the present treaty, and opposed thereto the teals
of our arms. Done at the Hague the Bth October,
1782.
The form of the passport which shall be given to
flips and vessels in consequence of the 25th arti
cle of this treaty.
TO all who ihall fee these presents greeting: Be
it known that leave and permission are hereby given
to matter and commander of the ship
or vessel called of the burden of tons, or
thereabouts, lying at present in the port or haven of
bound for and laden with to de
part and proceed with his said ihip or vessel on his
said voyage; such ihip or vessel having been visited,
and the said matter and commander having made oath
before the proper officer, that the said ship or vessel
belongs to one or more of the fubjedts, 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 there
to, and caused the fame to be countersigned by
at this day of in the year of our Lord Christ.
Form of the certificates which shall be given to
mips or vessels in consequence of the 25th article of
this treaty.
We magistrates or officers of the customs 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 solemn oath, that the ship or vessel called
of tons or thereabouts, whereof of
is at present master or commander, does rightfully and
properly belong to him or them only That she is
now bound from the city or port 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.
Form of the SEA-LETTER.
MOST serene, serene, most puissant, puissant,
high, ill uftrious, noble, honourable, venerable, wife
and prudent lords, emperors, kings, republicks,
princes, dukes, earls, barons, lords, burgomasters,
fchepens, councillors, as also judges, officers, judi
ciaries and regents, of all the good cities and places,
whether ecclefi.ftical or secular, who shall fee these
patents, or hear them read: —We, burgomasters
and regents of the city of make known, that
the maker of appearing before us, has declared
upon oath, that the vessel, called of the bur
den of about lasts, which he at present navi
gates, is of the united provinces, and that no fub
jedts of the enemy have any part or portion therein,
dire&ly nor indirectly, so may God Almighty help
him: and as we with to fee the said matter prosper
in his lawful affairs, our prayer is, to all the before
mentioned, and to each of them separately, where
the said master Ihall arrive, with his vessel and cargo,
that they may please to receive the said master with
goodness, and to treat him in a becoming manner,
permitting him upon the usual tolls and expenecs,
in passing and repairing, to pass, navigate and fre
quent the ports, passes and territories, to the end,
to tranfad his business, where and in what manner
he shall judge proper; whereof we shall be willingly
indebted.
In witness, and for cause whereof, we affix here
unto the seal of this city.
( In the margin )
By Ordinance of the High and Mighty Lords, the
States General of the United Netherlands.
AND whereas a convention, concerning vessels re
captured, was at the place and on the day above
mentioned, concluded by the said minifeer plenipo
tentiary, on the part of these United States, with
the said plenipotentiaries on the part of the said lords,
the states general of the United Netherlands : and the
fame hath been this day approved and ratified by the
United States in Congress assembled, as it is con
tained in the words following, to wit:
CONVENTION between the Lords the States Ge
ral of the United Netherlands and the United States
of America, concerning vessels re-captured.
HE lords, the states general of the United Ne-
I therlands, and the United States of America,
being inclined to establish some uniform principles,
with relation to prizes made by vessels of war, and
commissioned by the two contrasting powers, upon
their common enemies, and to vessels of the fub
je&s of either party, captured by the enemy, and
re-captured by vessels ol war commissioned by either
party ; have agreed upon the following articles:
Art. 1. The vessels of cither of the two nations,
re-captured by the privateers of the other, shall be
restored to the firft proprietor, if such vessels have
not been four and twenty hours in the power of the
enemy ; provided the owner of the vessel re-captured
pay therefor one-third of the value of the vessel, as
allo that of the cargo, the cannons and apparel;
which third shall be valued by agreement between
the parties interested ; or, if they cannot agree there
on among themselves, they shall address themselves
to the officers of the admiralty of the place where
the privateer, who has re-taken the vessel, shall have
conduced her.
Art. 2. It the vessel re-captured has been more
than 24 hours in the power of the enemy, she shall
belong entirely to the privateer who has re-taken her.
Art. 3. In case a vessel ihall have been re-captured
by a vessel of war belonging to the states general of
tile United Netherlands, or to the United States of
America, she shall be restored to the firft owner, he
paying a thirtieth part of the value of the ship, her
cargo, cannons and apparel, if she has been re-cap
tured in the interval of twenty-four hours, and the
tenth part if die has been re-captured after the twen
ty-four hours: which sums shall be distributed in
form of gratifications to the crews of the vessels
which shall have taken her.-—The valuation of the
said thirtieth parts and tenth parts shall be regulated
according to the tenor of the firft article of the pre
sent convention.
Art. 4. The restitution of prizes, whether they
may have been re-taken by vessels of war or by pri
vateers, in the mean time, and until requisite and
fufficient proofs,can be given of the property of ves
sels re-captured, shall be admitted in a reasonable
time, under fufficient sureties for the observation of
the aforefaid articles.
Art. 5. The velfen o f war a nd privateers, of one
and of the other of the *wo nations, shall be reci
procally, both in Europe au j n the other parts of
the world, admitted in the rcT-aive ports of each,
with their prizes, which may be loaded and fold
according to the formalities used in ^ state where