Page images
PDF
EPUB

ner to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of'the treaty with Frarrce, as they were numbered in the fame treaty, conducted the 6th of February 1778, and which mal^e the articles ninth, tench, seventeenth, and twentysecond of the treaty of commerce ,now subsisting between the United States pf America and the Crown of France: nor shall It hinder his Carbolic Majesty from acceding to that treaty, and enjoying the advantages of the said four articles,

ARTICLE XXJIl. If at any time the United States of America shall judge necessary to commence negociations 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 negociations .in the most favourable manner, by means of their consuls residing near the said king, emperor, and regencies.

ARTICLE XXIV,

CONTRABAND,

The liberty of navigation and commerce shall extend to all forts .of merchandizes, excepting only thole which are distinguished under the name of contraband, pjr merchandizes prohibited: and under this denomination of contraband, and merchandizes prohibited, shall.be comprehended only warlike stores and arms, as mortars^ ja#iUery, with their artifices and appurtenances, fusils, pistols, bombs, grenades, gun-powder, saltpetre, sulphur, match, bullets and bafls, pikesy sabres, lancesf halberts, casques, '. cuirasses,' and other, forts of arms; as also; soldiers, horses, saddles, and furniture for G g 4. hprfcs^ horses. All other effects and merchandizes, not before specified expressly, and even all forts qf 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 merchandizes which are not ex-. prefsly 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 fame time, shall be besieged, blocked or -invested; and those places only stiall be held for such, which are surrounded nearly by some of the belligerent powers.

ARTICLE XXV. To the end that all dissention and quarrel may be avoided and prevented^ it has been agreed, that in case one of the two parties happens to be at war, the vessels belonging to the subjects or inhabitants of the other ally stiall be provided with sea-letters or passports, expressing thtf 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 or one of the parties^, which passports stiall be drawn and distributed according to the form annexed to this treaty.—Each time that the vessel shall return, fte stiould 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. 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 manisests, or other public documents, which are ordinarily given to vessels outward-bound, in the ports from whence the vessels have set fail 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 ex- *■ press 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.

ARTICLE XXVI. If the vessels of the said subjects or inhabitants of either of the parties, sailing along the coasts, 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 vessels 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 nor to give her chace, nor to force her to alter her course.: . . . :. ; . .

*.'. ARTICLE XXVII,; 'i.'

It shall be lawful for merchants, Captains, and commanders of vessels, whether public and of war, or private and of merchants, belonging to the said United States of America, or any of them, or to their subjects and inhabitants, to take freely into their service, and receive 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 Nether-v lands, 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 sea; at least, if the captains or masters under the command of whom such persons may be foundj will not of their own consent discharge them from their service, upon pain of being otherwise treated and punished as deserters,

ARTICLE XXVIII.

The affair of the refraction shall be regulated in .all equity and justice by the magistrates of cities .respectively, where it shall be judged that there is, any room to complain in this respect.

ARTICLE XXIX. 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 fide and on the other, in the space of fix months, or sooner, if possible, to be computed from the day of the fignature.

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,

J) ONE at the Hague, the Eighth ofORober, one thousand seven hundred eighty-two.

(L. S.) GEORGE VAN RANDWYCK,

(L. S.) B. V. SANTHEUVEL.

(L S.) P. VAN BLEISWYK.

(L. S.) W. C. H. VAN LYNDEN.

(L. S.) D. J. VAN HF.ECKEREN.

(L. S.) JOAN VAN RUFFELER.

(L. S.) T. G. VAN DEDEM, (Tot den Geldcr)

(L. S.) H. TJASSENS.

(L.S.) JOHNADAMS.

The

« PreviousContinue »