ed by the above equitable principles, the forementioned contracting parties have agreed on the following articles:

Art. I. There fhall be a permanent, unalterable, and univerfal peace and amity, eftablished between their High Mightineffes of the Seven Provinces of Holland, and the United States of North America; as well as between their refpective fubjects, iflands, towns and territories, fituate under the jurifdiction of the refpective ftates above mentioned, and their inhabitants, without any diftinction whatfoever of perfons or fexes.

11. The fubjects of the United Provinces of Holland fhall be liable only to fuch duties as are paid by the natives and inhabitants of North America, in all the countries, ports, iflands, and towns belonging to the faid ftates; and fhall enjoy the rights, liberties, privileges, immunities and exemptions in their trade and navi. gation, common to the faid natives and inhabitants, when the fubjects of Holland fhall have occafion to pass from one American ftate to another, as well as when bound from thence to any part of

the world.

III. The privileges, &c. granted by the foregoing article to the States of Holland, are, by the prefent, confirmed to the inhabitants of North America.

IV. The refpective fubjects of the contracting parties, as well as the inhabitants of the countries, islands, or towns belonging to the faid parties, fhall be at liberty, without producing a written permiffion, private or public. pafs, to travel by land or water, or in whatever manner they think beft,

through the kingdoms, territories, provinces, &c. or dominions whatever, of either of the confederated ftates, to have their free egrefs and regrefs, to remain in the faid places, and during the whole time be at liberty to purchase every thing neceffary to their own fubfiftence and ufe: they fhall also be treated with every mark of reciprocal friendship and favour. Provided nevertheless, that in every circumftance they demean themfelves in perfect conformity with the laws, ftatutes, and ordinances of thofe faid kingdoms, towns, &c. where they may fojourn; treating each other with mutual friendship, and keeping up among themselves the most perfect harmony, by means of a conftant correfpondence.

V. The fubjects of the contracting powers, and the inhabitants of all places belonging to the faid powers, fhall be at liberty to carry their fhips and goods (fuch as are not forbidden by the law of the refpective ftates) into all ports, places, &c. belonging to the faid powers, and to tarry, without any limitation of time: whole houfes, or in part: to buy and purchafe from the facturer or retailer, either in the public markets, fairs, &c. all forts of goods and merchandize not forbidden by any particular law;

to hire

manu

to open warehoufes for the fale of goods and effects imported from other parts: nor fhall they be at any tin:e forced against their confent, to bring the faid goods and ware to the markets and fairs; provided nevertheless, that they do not difpofe of them by retail, or elfewhere: they fhall not, however, be liable to any tax

[2] 3

or

or duties, on this or any other account, except thofe only which are to be paid for their fhips or goods, according to the laws and cuftoms of the respective ftates, and at the rates ftipulated by the prefent treaty, Moreover, they fhall be entirely at liberty to depart, without the leaft hindrance, (this extends alfo to their wives, children, and fuch fervants who may be defirous to follow their master) and to take with them all goods bought or imported at any time; and for fuch places as they may think proper, by land, or fea, or rivers, or lakes; all privileges, laws, conceffions, immunities, &c. to the contrary notwithstanding.

VI. In regard to religious worfhip, the most unbounded liberty fhall be granted to the fubjects of the faid confederate ftates, for themselves and families. They fhall not be compelled to frequent the churches, &c. but fhall have full liberty to perform divine fervice, after their own manner, without any moleftation in either church or chapel, or private houfes (apertis foribus). It is farther provided, that any fubject of one of the contracting powers dying in any place belonging to the other, fhall be interred in decent and convenient places, allotted for that purpofe, and, in fine, that no infult fhall, at any time, or in any manner whatever, be offered to the dead or interred bodies.

VII. It is farther agreed and fettled, that in all duties, impofts, taxes, &c. laid on goods, perfons, merchandize, &c. of each and every fubject of the contracting powers, under any denomina

tion whatsoever, the said subjects, inhabitants, &c. fhall enjoy equal privileges, franchifes, immunities, either in the courts of juftice, and in every matter of trade, commerce, or any other cafe, and fhall be treated with the fame favour and diftinction hitherto granted, or hereafter to be granted to any foreign nation whatsoever.

VIII. Their High Mightineffes, the States General of the Seven United Provinces, fhall use the most efficacious means in their power, to protect the fhips and goods belonging to any of the United States of America, be they private or public property, when in the ports, roads, or feas adjoining the faid iflands, &c. belonging to their faid High Mighti nefes, and to ufe all their endeavours to bring about a reftitution to be made to the owners, or their agents, of all veffels and goods captured within their jurifdic tion; and the fhips of war belonging to their faid High Migh tineffes fhall take under their protection, and convoy the hips belonging to the faid American States, or any of the fubjects or inhabitants thereof, following the fame courfe, and defend the faid fhips as long as they fail in company against all attacks, violence, or oppreffion, in like manner they are in duty bound to defend the fhips of their High Mighti-· neffes the Seven United Provinces of Holland.

as

IX. By this article, the fame obligation is laid on the American States, in favour of the fhipping, &c. belonging to thofe of Holland.

X. Their High Mightineffes the States of Holland fhall inter

pole,

pofe, and employ their good offices in favour of the faid American States, their fubjects and inhabitants, with the Emperor of Morocco, the Regencies of Algiers, Tunis, and Tripoli, and all along the coaft of Barbary and Africa, and with the fubjects of the faid powers, that the fhips, &c. of the faid American States, be as much as poffible, and to the beft advantage, protected against the violences, infults, depredations, &c. of the abovefaid princes and fubjects on the coaft of Barbary and Africa.

XI. It fhall be permitted and granted to each and every fubject and inhabitant of the contracting powers, to leave, bequeath, or difpofe of, in cafe of fickness, or at their death, all effects, goods, merchandises, ready money, &c. being their property, at or before their decease, in any town, ifland, &c. belonging to the refpective contracting powers, in favour of fuch perfon or perfons, as they may think proper. Moreover, whether the faid fubjects fhould die after having made fuch wills, or inteftate, their lawful heirs, ex ecutors, or adminiftrators, dwelling in any part of the poffeffions of the contracting powers, or aliens coming from other countries, fhall be at liberty, without hindrance or delay, to claim, and take poffeffion of, all fuch goods and effects, conformably to the refpective laws of each country. Nor fhall their right be difputed, under pretence of any prerogative, peculiar to any feparate province, or perfon whatsoever. Provided, nevertheless, that the claim to the effects of a perfon who died inteftate, be fupported

by fuch proofs as the laws of either of the contracting powers have provided in fuch cafes; all laws, ftatutes, edicts, droits d'Aubaine, &c. to the contrary notwithftanding."

XII. The effects and property of the fubjects of either of the contracting powers, dying in any town, ifland, &c. belonging to the other, fhall be fequeftered for the ufe of the lawful heirs and fucceffors of the deceafed. The council, or public minifter of the nation, to which the perfon thus dying belonged, fhall take an inventory of all fuch goods, effects, papers, writings, and books of accounts of the deceafed. The faid inventory to be delivered into the hands of three merchants of known and approved integrity, who shall be nominated for the purpose of acting as trustees to the heirs, executors, &c. or creditors of the deceased: nor fhall any court of judicature interfere, unless the faid heirs, &c. fhould require it in the due courfe of law.

XIII. The refpective fubjects of the contracting parties, fhall be at liberty to choofe for themselves advocates, attornies, notaries, folicitors, and agents; to this end, that fuch advocates, &c. fhall, by the judges of the courts aforesaid, be called in, if the faid judges fhould, by the parties, be required fo to do.

XIV. The merchants, com. manders, or owners of fhips, failors of every denomination, fhips or veffels, effects, and goods in general, belonging to either party or any of its fubjects or inhabi tants, fhall, at no time, for any private or public purpofe, by virtue of any edict whatsoever, be [Z] 4

taken,

taken, or detained in the countries, ports, iflands, &c. belong ing to either of the contracting parties, to be employed in the fervice, to forward military expeditions, or any other purpofe; and much less for the private ufe of any one, by violence, or other means made ufe of to moleft or infult the faid fubjects. It is farther flrictly forbidden to the faid fubjects, on both fides, not to take away, viclently, the property of each other; but, the confent of the proprietor once obtained, they fhall be at liberty to purchase, paying ready money for the fame. This article, however, is not to be understood as extending to fuch cafes, where the feizure fhall be made, or the embargo laid by the authority of the legislative power for debts incurred, or crimes committed, which fhall be tried by the due courfe of law.

XV. It is farther provided and agreed, that all merchants, commanders of fhips, and other fub. jects belonging to their High Mightineffes the States of the Seven United Provinces, fhall regulate their private affairs by themfelves, or by fuch agents as they may chufe, in all and every place within the jurifdiction of the United States of America: nor fhall they be compelled to employ or pay any interpreter or broker, but fuch as they think fit to appoint. Moreover, in the lading, or unlading of fhips, the mafters fhall not be obliged to employ perfons appointed for that purpofe, by public authority; authority; but fhall be at full liberty to do it themfelves, or call in the affiftance of any one they hall chufe, with out being liable to pay any fee or

retribution to any body elfe. Neither fhall, they be compelled to land any particular merchandize, to put them on board other fhips, to take others on board their own, without their free confent; or to remain laden longer than they fhall think proper. The fubjects and inhabitants of the United States of America, fhall fully enjoy the fame privileges in all the dominions of the States of Holland.

XVI. In case any difpute or controverfy fhould arife between the mafter of a fhip and his crew, belonging to one of the two nations, and then in any port within the dominions of the other, concerning the payment of wages, or any other matter to be determined by the civil law, the magiftrate of fuch port, or place, hall only require the defendant to deliver to the plaintiff, a declaration under his hand, and witneffed by the faid magifirate; by which the faid defendant fhall bind himself to appear, and an fwer the complaint laid against him, before a competent judge in his own country. This being done, the faid crew fhall not be permit, ted to leave the fhip, or prevent the matter from following his courfe. The merchants of either nation fhall be authorised to keep their books in what language and manner they may think beft, without the leaft hindrance or moleftation. But, in cafe it should be neceffary, in order to fettle a point of law, for them to produce their books, they fhall bring them into court for examination; in fuch a manner, however, that neither the judge, nor any one else, whatfoever, fhall be permitted to

perufe

perufe any article in the faid books, but fuch as may be abfolutely neceffary to afcertain the authenticity and regularity of the faid books. Nor fhall any one, under any pretence whatever, prefume to force the faid books and writings from the owners, or detain them cafes of bankruptcy alone excepted.

XVII. The hips of either nation, bound to the refpective ports, fhall, upon a juft caufe of being fufpected, either in regard to their deftination or their cargoes, be obliged to produce, either at fea, in the roads, or ports, not only their pasports, but also certificates, witnefling that the goods they have on board are not prohibited by the refpective laws.

XVII. If, upon fuch certificates being produced, the examining party fhould discover that fome of the goods mentioned in the bills of lading are prohibited by this treaty, or bound to fome port belonging to the enemy; in fuch cafe it fhall not be lawful to break into any part of the fhip, or force any trunk, boxes, barrels, &c. nor even to difplace any part of the cargoes (whether fuch fhip belongs to Holland or America) to come at the faid goods, which are not in any ways to be fearched until they are landed in prefence of fome officers of the Admiralty-court, who fhall enter a verbal procefs about them. Nor fhall it be permitted to fell, exchange, or adulterate the faid goods in any wife, till the law hall have taken its courfe, and the matter be determined by the fentence of the refpective Admiralty - courts, pronouncing them feizable; the hip and other parts

of the cargo not prohibited by the treaty, fhall not be detained, under the pretence of part of the lading being condemned, and much lefs confifcated as lawful prizes. But, in cafe part of the cargo should confift of the faid prohibited goods, and the mafter of the fhip fhall confent to deliver them up immediately, then the captor, having taken out of the faid ship the prohibited goods, fhall permit the mafter to continue h courfe to the place of his deftination: yet, if all the prohibited goods could not be taken on board the captor, the latter fhall, notwithftanding the mafter's free tender of the faid goods, bring the former into the neareft port, where it fhall be produced in manner aforefaid.

XIX. It is agreed on the contrary, that all effects, &c. of any fubject of either ftate, found on any fhip taken from an enemy, fuch effects, &c. though they be not prohibited by any article of this treaty, fhall be confidered as lawful prize, and be difpofed of as if they belonged to the enemy: (except only in cafe the war fhould not have been proclaimed, or not. come to the knowledge of the proprietors of the faid effects, &c.) which, in fuch cafes only, shall not be liable to be confiscated, but be immediately returned to the owners without any delay, upon their making good their claim; provided, nevertheless, that the faid goods are not of the kind which are prohibited; nor will it be lawful to fhip them afterwards, for any of the enemy's ports: the two contracting parties agreeing, moreover, that fix months, from the date of a decla