147 my of the other ally: they shall be, nevertheless, held, whenever it shall be required, ART. 11 If by exhibiting the sea-letters and other documents described more par. ticularly in the 25th article of this treaty, the other party shall discover there are any of those sorts 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, casks or other vessels found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their high mightinesses, the states general of the United Netherlands, or to the subjects 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 iventory thereof made, but there shall be no allowance to sell, exchange or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the court of admiralty, by a sentence pronounced, shall have confiscated the same, saving always as well the ship itself 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 shall they be confiscated as lawful prize: but on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover 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 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 itself equally to the persons 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 whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated, in the same manner as if it belonged to the enemy: except nevertheless such effects and merchandises, as were put on board such vessel, before the declaration of war, or in the space of six months after it, which effects shall not be in any manner subject to confiscation, but shall be faithfully and without delay restored in nature to the owners, who shall claim them or cause them to be claimed, before the confiscation 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 merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies. ART. 13 And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer 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 general of the United Netherlands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party; and if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and moreover obliged to make satisfaction 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 vessels armed for war, under commission and on account of private persons, shall be held before their departure, to give sufficient caution before competent judges, either to be entirely responsible for the malversations which they may commit in their cruises or voyages, as well as for the contraventions of their captains and officers, against the present treaty, and against the ordinances and edicts which shall be published in consequence of, and conformity to it, under pain of forfeiture and nullity of the said commission. ART 15. All vessels and merchandises of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas 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 proprie tor, as soon as due and sufficient proofs shall be made, concerning the property thereof. ART. 16. If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominations of the other, stick upon the sands or be wrecked, or suffer any other sea damage, all friendly assistance and relief shall be given to the persons ship-wrecked, or such as shall be in danger thereof; and the vessels, effects and merchandises, or the part of them which shall have been saved, or the proceeds of them, if being perishable they shall have been sold, being claimed within a year and a day, by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country: there shall also be delivered them safe conducts or passports, for their free and safe passage from thence, and to return each one to his own country. ART. 17. In case the subjects or people of either party, with their shipping, whether public 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 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 reparation of their ships; and they shall no ways be detained or hindered from returning 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 should break out between their high mightinesses the states general of the United Netherlands and the United States of America, there shall always be granted to the subjects on each side, 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, and transport them where they please, which it shall be lawful for them to do, as well as to sell 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 safe conducts for the nearest ports of their respective countries, and for the time necessary 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 has quitted; but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them in the interval of the said terms, a complete satisfaction shall be given them. ART. 19. No subject of their high mightinesses the states general of the United Netherlands, shall apply for or take any commission or letters of marque for arming any ship or ships, to act as privateers against the said United States of America or any of them, or the subjects 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 state with which the said United States of America may happen to be at war; nor shall any subject or inhabitant of the 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 act as privateers against the high and mighty lords the states general of the United Netherlands, or against the subjects of their high mightinesses 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 any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate. ART. 20. If the vessels of the subjects or inhabitants of one of the parties, come upon any coast belonging 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 duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandises of contraband. ART. 21. The two contracting parties grant to each other mutually, 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 particular agreement, whenever either party choose to make such appointments. ART. 22. This treaty shall not be understood in any manner to derogate from the 9th, 10th, 19th and 24th articles of the treaty with France, as they were numbered in the same treaty, concluded the 6th of February, 1778, and which make the articles 9th, 10th, 17th and 224, of the treaty of commerce now subsisting between the United States of America and the crown of France: nor shall it hinder his Catholic majesty from acceding to that treaty, and enjoying the advantages of the said four articles. ART. 23. If at any time the United States of America shall judge it necessary to commence negotiations 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 Mediterranean sea; their high mightinesses promise, that upon the requisition which the United States of America shall make of it, they will second such negotiations in the most favorable manner, by means of their consuls residing near the said king, emperor and regencies. CONTRABAND. ART. 24. The liberty of navigation and commerce shall extend to all sorts of merchan dises, excepting only those which are distinguished under the name of contra band or mer chandises prohibited; and under this denomination of contraband and merchandises prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery with their artifices and appurtenances, fusils, pistols, bombs, grenades, gun-powder, salt-petre, surphur, match, bullets and balls, pikes, sabres, lances, halberts, caskues, cuirasses, and other sorts of arms; as also soldiers, horses, saddles, and furniture for horses. All other effects and merchandises, not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the manufacture of one or another sort of machines of war, by land or sea, shall not be judged contraband, neither by the letter, nor according to any pretended interpretation whatever, ought they or can they be comprehended under the notion of effects prohibited or contraband: so that all effects and merchandises which are not expressly before named, may without any exception, and in perfect liberty, be transported by the subjects and inhabitants of both allies, from and to places belonging to the enemy, excepting only the places which at the same time shall be besieged, blocked or invested, and those places only shall be held for such, which are surrounded nearly by some of the belligerent powers. ART. 25. To the end that all dissention and quarrel may be avoided and prevented, it has been agreed, that in case that one of the two parties happens to be at war, the vessels be longing to the subjects or inhabitants of the other ally, shall be provided with sea-letters 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 vessel, to the end that thereby it may appear that the vessel really and truly belongs to subjects or inhabitants of one of the parties; which passports shall 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 ancient date than two years, before the vessel 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 passport, or with particular passports or manifests, or other public documents which are ordinarily given to vessels outward-bound, in the ports from whence the vessels have set sail in the last place, containing a specification 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 contraband 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 persons to whom the effects on board belong, he may do it freely, without however being bound to do it; and the omission of such expression cannot and ought not to cause a confiscation. ART. 26. If the vessels of the said subjects, or inhabitants of either of the parties, sailing along the coast or on the high seas, are met by a vessel of war or privateer, or other armed vessel of the other party, the said vessels of war, privateers or armed vessels, for avoiding all disorder, shall remain without the reach of cannon, but may send their boats on board the merchant vessel which they shall meet in this manner, upon which they may not pass more than two or three men, to whom the master or commander shall exhibit his passport, containing the property of the vessel, according to the form annexed to this treaty and the vessel, after having exhibited such a passport, sea-letter and other documents, 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 chase, nor to force her to alter her course. ART. 27. It shall be lawful for merchants, captains and commanders of vessels, whether public and of war, or private, and of merchants, belonging to the United States of America, or any of them, or to their subjects and inhabitants, to take freely into their service, and re celve on board of their vessels, in any port or place in the jurisdiction of their high mightinesses aforesaid, seamen or others, natives or inhabitants of any of the said states, upon such conditions as they shall agree on, without being subject for this to any fine, penalty, punishment, process or reprehension whatsoever and reciprocally, all merchants, captains and commanders, 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 same 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 side 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 sea; at least, if the captains or masters, under the command of whom such persons may be found, will not, of his own consent, discharge them from their service upon pain of being otherwise treated and punished as deserters. ART. 28. The affair of refraction shall be regulated in all equity and justice, by the magis trates of cities respectively, where it shall be judged that there is any room to complain in this respect. ART. 29. The present treaty shall be ratified and approved by their high mightinesses, the states general of the United Netherlands, and by the United States of America, and the acts of ratification shall be delivered in good and due form on one side and on the other, in the space of six months, or sooner if possible, to be computed from the day of the signature. In faith of which, we the deputies and plenipotentiaries of the lords the states general of the United Netherlands, and the minister plenipotentiary of the United States of America, in virtue of our respective authorities and full powers, have signed the present treaty, and apposed thereto the seals of our arms. Done at the Hague, the 8th of October, 1782. The form of the passport which shall be given to ships and vessels in consequence of the 25th article of this treaty. ven of of the burden of To all, who shall see these presents, greeting: Be it known, that, leave and permission are hereby given to master and commander of the ship or vessel called tons, or thereabouts, lying at present in the port or haand laden with to depart and proceed with his said ship or vessel on his said voyage; such ship or vessel having been visited, and the said master and commander having made oath before the proper officer, that the said ship or vessel belongs to one or more of the subjects, people or inhabitants of and to him or them only. In witness whereof, we have subscribed our names to these presents, and affixed the seal of our arms thereto, and caused the same to be countersigned by this day of in the year of our Lord Christ. at Form of the certificate which shall be given to ships or vessels in consequence of the 25th article of this treaty. We, magistrates or officers of the customs of the city or port of certify and attest, that on the day of in the year of our Lord personally appeared before us, and declared by solemn oath, that the tons or thereabouts, whereof of of do C. D. ship or vesis at present sel called of 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 merchandises, here under 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. of Form of the Sea-Letter. Most serene, serene, most puissant, puissant, high, illustrious, noble, honorable, venerable, wise and prudent lords, emperors, kings, republics, princes, dukes, earls, barons, lords, burgomasters, chepons, councillors, as also judges, officers, justiciaries and regents, of all the good cities and places, whether ecclesiastical or secular, who shall see these patents, or hear them read: We, burgo-masters, and regents of the city of make known, that the master appearing before us, has declared upon oath, that the vessel called of the burthen of about lasts, which he at present navigates, is of the United Provinces, and that no subjects of the enemy have any part or portion therein, directly nor indirectly; so may God Almighty help him: and as we wish to see 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 shall 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 expenses, in passing and repassing, to pass, navigate and frequent the ports, passes and territories, to the end to transact 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 hereto 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 minister plenipotentiary, 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 same hath been this day approved and ratified by the United States in Congress assembled, as it is contained in the words following, to wit: Convention between the lords the states general of the United Netherlands and the United States of America, concerning vessels re-captured. The lords the states general of the United Netherlands, 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 contracting powers, upon their common enemies, and to ressels of the subjects of either party, captured by the enemy and re-captured by vessels of war commissioned by either party; have agreed upon the following articles: ART. 1. The vessels of either of the two nations, re-captured by the privateers of the other, shall be restored to the first proprietor, if such vessels have not been 24 hours in the power of the enemy; provided the owner of the vessel re-captured pay therefor 1-3d of the value of the vessel, as also of that of the cargo, the cannons and apparel; which third shall be valued by agreement between the parties interested, or, if they cannot agree thereon 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 conducted her. ART. 2. If 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 shall have been re-captured by a vessel of war belonging to the states general of the United Netherlands, or to the United States of America, she shall be restored to the first owner, he paying a 30th part of the value of the ship, her cargo, cannons and apparel, if she has been re-captured in the interval of 24 hours, and the 10th part if she has been re-captured after the 24 hours; which sums shall be distributed in form of gratifications to the crews of the vessels which shall have re-taken her. The valuation of the said 30th parts and 10th parts, shall be regulated according to the tenor of the first article of the present convention. ART. 4, The restitution of prizes, whether they may have been re-taken by vessels of war or by privateers, in the mean time, and until requisite and sufficient proofs can be given of the property of vessels re-captured, shall be admitted in a reasonable time, under sufficient sureties for the obvervation of the aforesaid articles. ART. 5. The vessels of war and privateers of one and of the other of the two nations, shall be reciprocally, both in Europe and in the other parts of the world, admitted in the respective ports of each, with their prizes, which may be unloaded and sold according to the formalities used in the state where the prize shall have been conducted, as far as may be consistent with the 22d article of the treaty of commerce: provided always, that the legality of prizes, by the vessels of the low-countries, shall be decided conformably to the laws and regulations established in the United Netherlands; as likewise, that of prizes made by American vessels, shall be judged according to the laws and regulations determined by the United States of America. ART 6. Moreover it shall be free for the states general of the United Netherlands, as well as for the United States of America, to make such regulations as they shall judge necessary, relative to the conduct which their respective vessels and privateers ought to hold in relation to the vessels which they shall have taken and conducted into the ports of the two powers. In faith of which, we, the deputies and plenipotentiaries of the lords the states general of the United Netherlands, and minister plenipotentiary of the United States of America, have in virtue of our respective authorities and full powers, signed these presents, and confirmed the same with the seal of our arms. Done at the Hague, the 8th of October, 1782. Now therefore, to the end that the said treaty and convention may, with all good faith, be performed and observed on the part of these United States, all the citizens and inhabitants thereof, and more especially all captains and other officers and seamen belonging to any vessels of war of these United States, or any of them, or of any private armed vessels commissioned by Congress, are hereby enjoined and required to govern themselves strictly in all things according to the stipulations above recited. Done in Congress, this 23d day of January, in the year of our Lord 1783, and of our sovereignty and independence the 7th. FRIDAY, January 24, 1783. On the report of a committee, consisting of Mr. Rutledge, Mr. Wolcott and Mr. Madison, to whom was referred a memorial from John Hannum, Persifor Frazer and Joseph Gardner: Whereas complaint hath been made to Congress by Persifor Frazer, John Hannum and Joseph Gardner, in behalf of themselves and others, that there are good grounds, not only from former transactions, but for other reasons, to believe that great abuse has been attempted of a passport granted by the commander in chief, for the protection of clothing and other necessaries sent from New-York in the ship Amazon, for the use of British and German prisoners of war; and that private and unwarrantable advantages are intended, by introducing for sale, under cover of the said passport, a considerable quantity of British goods and merchandise: |