The New-Jersey gazette — Burlington [N.J.], 1783-02-26 00:00:00, page 2

tries, lands, islands, cities, places, ports, shores, or
dominations whatsoever of the other confederate,
for military expedition, publick or private use
of a y one, by arrests, violence, or any colour there
of; much less shall it be permitted to the fubjeds
of cither party, to take or extort by force, any thing
from the fubjeds of the other party, without the
consent of the owner : Which however is not to be
understood of seizures, detentions and arrests, which
stall be made by the command or authority of jus
tice, and by the ordinary methods on account of
debts or crimes, in refpedwhereof, the proceed
ings tnuft be, by way of law, according to the forms
of justice.
Art. 9. It is further agreed and concluded, that
it shall be wholly free for all merchants, command
ers of (hips and other fubeds and inhabitants of
the contracting parties, in every place fubje&ed to
the jurifdi&ion of the two powers refpedively, to
manage themselves, their own business : And more
over as to the use of interpreters or brokers, as also
denomination they may be, than those which the
nations the most favoured are or fliall be obliged to
pay; and they shall enjoy all the rights, liberties,
priviliges, immunities and exemptions in trade, na
vigation and commerce, which the said nations do
or shall enjoy, whether in passing from one port to
another in the said Rates, or from any one towards
any one of those ports, from or to any foreign port
of the world: and the United States of America,
with their fubjetts and inhabitants, shall leave to
those of their high mightinesses, the peaceable en
joyment of their rights in the countries, islands and
teas in the East and Weft-Indies, without any hin
drance or molestation.
Art. 4. There shall be an entire and perfect li
berty of conscience allowed to the fubjedts and in
habitants of each party, and to their families, and
no one shall be molested in regard to his worship,
provided he submits as to the publick demonstration
of it, to the laws of the country: There shall be
given moreover liberty, when any fubjedts or inha
bitants of either party shall die in the territory of the
other, to bury them in the usual burying places, or
in decent and convenient grounds to be appointed
for that purpose, as occasion shall require: and the
dead bodies of those who are buried, shall not in
anywise be molested. And the two contrasting par
ties shall provide each one in his jurisdiction, that
their refpedive fubjefts and inhabitants may hence
forward obtain the requisite certificates in cases of
deaths in which they shall be interefled.
Art. 5. Their high mightinesses, the dates gene
ral of the United Netherlands and the United States
of America shall endeavour, by all the means in their
power, to defend and protect all vessels and other
effeCts belonging to their fubjefts and inhabitants
refpedively, or to any of them, in their ports, roads,
havens, internal seas, passes, rivers, and as far as
their jurifdi&ion extends at sea, and to recover and
cause to be restored to the true proprietors, their
agents or attornies, all such vessels and effects, which
shall be taken under their jurisdiction: and their
vessels of war, and convoys, in cases, when they
may have a common enemy, shall take under their
protection all the vessels, belonging to the fubjeCts
and inhabitants of either party, which shall not be
laden with contraband goods, according to the
description which shall be made of them hereafter,
for places, with which one of the parties is in peace,
and the other at war, nor destined for any place
blocked, and which shall hold the fame course or
follow the fame route; and they fnall defend such
vessels as long as they shall hold the fame course,
or follow the fame route, against all attacks, force
and violence of the common enemy, in the fame
manner, as they ought to protect and defend the
vessels, belonging to their own refpeClive fubjefts.
Art. 6. The fubje&s of the contracting parties
may, on one fide and on the other, in the refpeCtive
countries and dates, dispose of their effects by testa
ment, donation or otherwise : and their heirs, fub
jeCts of one of the parties, and residing in the coun
try of the other, or elsewhere, shall receive such suc
cessions, even ab inteflato, whether in person or by
their attorney or substitute, even although they
shall not have obtained letters of naturalization,
without having the effed of such commission con
tested under pretext of any rights or prerogatives of
any province, city or private person; and if the
heirs, to whom such successions may have fallen,
shall be minors, the tutors or curators, established
by the judge domiciliary, of the said minors, may
govern, direct, administer, fell and alienate the ef
fects fallen to the said minors, by inheritance, and
in general, in relation to the said successions and
effeCts, use all the rights and fulfil all the functions,
which belong by the disposition of the laws, to
guardians, tutors and curators: provided neverthe
less, that this disposition cannot take place, but in
cases where the testator shall not have named guar
dians, tutors, curators, by testament, codicil, or
other legal instrument.
Art. 7. It shall be lawful and free for the fubjeds
of each party, to employ such advocates, attornies,
notaries, solicitors or factors, as they shall judge
proper.
Art. 8. Merchants, masters and owners of ships,
mariners, men of all kinds, ships and vessels, and all
merchandizes, and goods in general, and effects of
one of the confederates, or of the fubjeds thereof,
flrail not be seized or detained in any of the coun-
in relation to the loading or unloading of their ves
sels, and every thing which has relation thereto,
they shall be, on one fide and on the other, consi
dered and treated upon the footing of natural fub
jeds, or at least upon an equality with the most fa
voured nation.
Art. 10. The merchant-ships of either of the par
ties coming from the port of an enemy, or from
their own or a neutral port, may navigate freely to
wards any port of an enemy of the other ally : they
shall be, nevertheless, held, whenever it shall be re
quired, to exhibit, as well upon the high seas as in
the ports, their sea-letters and other documents,
described in the twenty-fifth article, stating expressly
that their effects are not of the number of those
which are prohibited as contraband: And not hav
ing any contraband goods, for an enemy's port,
they may freely and without hindrance, pursue their
voyage towards the port of an enemy. Neverthe
less it mail not be required to examine the papers
of vessels convoyed by vessels of war, but credence
shall be given to the word of the officer, who shall
conduit the convoy.
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 contraband, and that
they are consigned for a port under the obedience
of his enemy, it shall not be lawful to break up the
hatches of such ship, nor to open any chest, coffer,
packs, calks, or other vessels found therein, or to
remove the smallest parcel of her goods, whether the
said vessel belongs to the fubjeds of their high migh
tinesses, the states general of the United Nether
lands, or to the fubjeds or inhabitants of the said
United States of America, unless the lading 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 fell, exchange or
alienate the fame, until after that due and lawful
process fhali have been had against such prohibited
goods of contraband, and the court of admiralty by
a sentence pronounced shall have confifeated the
fame, favir,g always as well the drip itfelf as any
other goods found therein, which are to be esteemed
free, and may not be detained on pretence of their
being infected by the prohibited goods, much less
fnall they be confifeated as lawful prize: But on
the contrary, when by the visitation at land, it shall 1
be found that there are no contraband goods in the 1
vessel, and it shall not appear by the papers that :
he who has taken and carried in the vessel has been
able to difeover any there, he ought to be con
demned in all the charges, damages and interests of
them, which he shall have caused both to the own
er of vessels 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 free vessels shall assure the liberty
of the effects with which they shall be loaded, and
that this liberty shall extend itfelf equally to the per
sons who shall be found in a free vessel, who may
not be taken out of her, unless 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 fubjeds and
inhabitants of either party, on any ship belonging
to the enemies of the other, or to their fubjeds,
although it be not comprehended under the fort of
prohibited goods, the whole may be confifeated, in
the fame manner as if it belonged to the enemy;
except nevertheless such effects and merchandizes,
as were put on board such vessel, before the decla
ration of war, or in the space of fix months after it,
which effects shall not be in any manner fubjed to
confifeation, but shall be faithfully and without de
lay restored in nature to the owners, who shall claim
them or cause them to be claimed, before the con
fifeation 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 publick: provided
nevertheless, that if the said merchandizes are con
traband, it shall by no means be lawful to tranfpoit
them afterwards to any port belonging to ene
mies.
Art. 13. And that more effectual care may be
taken for the security of fubjeds and people of either
party, that they do not fnffcr molestation from the
vessels of war, or privateers of the other party, it
shall be forbidden to all commanders of vessels of
war, and other armed vessels of the said states gene
ral of the United Netherlands, and the said United
States of America, as well as to all their officers,
fubjeds and people, to give any offence or do any
damage to those of the other party ; and if they aft
to the contrary, they shall be upon the firft com
plaint which shall be made of it, being found guilty
after a just examination, punished by their proper
judges, and moreover obliged to make fatisfahtion
for all damages and interests thereof, by reparation,
under pain and obligation of their persons and
goods.
Art. 14. For further determining of what has been
said, all Captains of privateers, or fitters out of ves
sels armed for war, under commission and on ac
count of private persons, shall be held before their
departure, to give fufficient caution before compe
tent judges, either to be entirely responsible for the
malverfations which they may commit in their crui
zes or voyages, as well as for the contraventions of
their Captains and officers, against the present trea
ty, and against the ordinances and edicts which
shall be published in consequence of, and confermi
ty to it, under pain of forfeiture and nullity of the
said commission.
Art. 15. All vessels and merchandizes of whatso
ever nature, which shall be refeued out of the hands
of any pirates or robbers, navigating the high fas
without requisite commissions, shall be brought into
some port of one of the two states, and deposited in
the hands of the officers of that port, in order to be
restored entire to the true proprietor, as soon as due
and fufficient proofs shall be made, concerning the
property thereof.
Art. 16. If any ships or vessels belonging to either
of the parties, their fubjedts or people, shall within
the coasts or dominations of the other, flick upon
the funds or be wrecked, or fuffer any other sea da
mage, all friendly assistance and relief shall be given
to tile persons shipwrecked, or such as shall be in dan
ger thereof; and the vessels, effeds and merchandi
zes, or the part of them which ffiall have been saved,
or the proceeds of them, if being perishable they
shall have been fold, being claimed within a year
and a day, by the matters or owners, or their agents
or attornies, shall be restored, paying only the rea
sonable charges, and that which must be paid, in
the fame case, for the salvage, by the proper fub
jeds of the country : there shall also be celivered
them fafe conducts of paffporta, for their free and
fafe passage from thence, and to return each one to
his own country.
Art. 17. In case the fubjeds or people of either
party with their Dipping, whether publick 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 of shelter and
harbour, to retreat and enter into any of the rivers,
creeks, bays, ports, roads or shores belonging to
the other party, they shall be received with all hu
manity and kindness, and enjoy all friendly protec
tion and help, and they shall be permitted to re
frefh and provide themfekes at reasonable rates,
with victuals and all things needful for the sustenance
of their persons, or reparation of their ships, and
they shall no ways be detained or hindered from re
turning out of the said ports or roads, but may
remove and depart when and whither they please,
without any let or hindrance.
Art. 18. For the better promoting of commerce
on both sides, it is agreed, that if a war fliould break
out ,between their high mightinesses the states gene
ral of the United Netherlands and the United States
of America, there shall always be granted to the
fubjeds on each 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
effeds, and transport them where they please ;
which it shall be lawful for them to do, as well as
to fell or transport their effects and goods in all
freedom, and without any hindrance, and without
being able to proceed during the said term of nine
months, to any arrest of their effects, much less of
their persons ; on the contrary, there shall be given
them, for their vessels and their effects which they
would carry away, passports and fafe conducts, for
the nearest ports of their refpedive countries; and
for the time neceflary for the voyage, and no prize
made at sea shall be adjudged lawful, at least if the
declaration of war was not or could not be known,
in the last port, which the vessel taken had quitted.
But for whatever may have been taken from the
fubjeds and inhabitants of either party, and for
the offences which may have been given them, in
the interval of the said terms, a complete fatisfadi
on shall be given them.
( The remainder in our next )
C OPENHAGEN, Odober 29.
X7ESTERDAY died, in the 76th year of her age,
I her Royal Highness Princess Charlotte Amelia,
great aunt to the King of Denmark.
LONDO N, October 24.
Hanging the people by dozens, and facrificing
them by thousands in a lingering and useless war,
conduced for the benefit of ministers and contrac
tors, are measures which do not seem to lessen the
number of gamblers, highwaymen and footpads.
Diogenes, feeing a young fellow drunk, told him
his father was drunk when he beget him. The vices
of the people are from their political fathers, their
legislators and governors; and in England, it must
be owned, there is a strong family likeness between
the political parents and their offspring.
The fecrctaries of state, the lord chancellor, and
all the cabinet, are expressly defireci to remain in
town thi^ wetk, as some affairs ate likely to be agi
tated in council, which call for great deliberation.
Several late councils have not broke up till aftei
midnight.
November 21.
Notwithstanding the negociations of peace, out
ministers are determined, that until it is signed th:
war shall be vigorously executed against the House of
Bourbon. A bold expedition is certainly to be un
dertaken by General Dalling; Major-General Grey,
a very gallant, adive and distinguished officer, it
already appointed second in command ; the numbei
of troops to embark with them will be about 5000
principally those that came lately from Ireland, it
consequence of a vote of the parliament of that coun
try.