Part 25

All ships and merchandise of what nature soever, which shall be rescued out of the hands of pirates or robbers on the high seas, shall be brought into some port of one or the other party, and shall be delivered into the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.

ARTICLE XXII.

It shall be lawful for the ships of war, privateers, or armed vessels of either party, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty or any other judges, nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart and carry their prizes to the place expressed in their commissions, which the commanders of such ships of war, privateers, or armed vessels shall be obliged to show. On the contrary, no shelter nor refuge shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties; but if such shall come in, being forced by stress of weather or the danger of the seas, all proper means shall be vigorously used that they go out and retire from thence as soon as possible.

ARTICLE XXIII.

If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to their own country.

ARTICLE XXIV.

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 shelter and harbor, to retreat and enter into any of the rivers, creeks, bays, havens, roads, ports, or shores, belonging to the other party, they shall be received and treated 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 conveniency of their voyage; 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 hinderance.

ARTICLE XXV.

For the better promoting of commerce on both sides, it is agreed, that if a war should ever happen to break out between the said contracting parties, six months after the proclamation of war shall be allowed to the merchants, subjects, and people on either side, in countries, cities, and towns where they may happen to reside, in which time they themselves may retire, together with all their families, goods, merchandise and effects, and carry them whithersover they shall please, as likewise, at the same time, the selling and disposing of their goods, both movable and immovable, shall be allowed them freely and without any disturbance, and, in the meantime, their goods, effects, wares, and merchandise, and particularly their persons, shall not be detained or troubled by arrest or seizure, but rather in the meantime, the subjects and people on each side shall have and enjoy good and speedy justice, so that during the said space of six months they may be able to recover their goods and effects, intrusted as well to the public as to private persons; and if anything be taken from them, or any injury be done by either party, or the people, or subjects on either side, full satisfaction shall be made for the same by the party committing such injury or doing such damage.

ARTICLE XXVI.

No subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, shall apply for or take any commission or letter of marque for arming any ship or ships to act as privateers against the said United States of America, or any of them, or against the subjects, people or inhabitants of the said United States, or any of them, from any Prince or State with which the said United States of America shall happen to be at war; and if any person of either nation shall take such commission or letter of marque, he shall be punished as a pirate.

ARTICLE XXVII.

It shall not be lawful for any foreign privateers, not belonging to the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, nor to the citizens of the said United States of America, which have commissions from any other Prince or State in enmity with either of the contracting parties, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandise, or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.

ARTICLE XXVIII.

It shall be lawful for all and singular the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, and the citizens, people, and inhabitants of the said United States of America, to sail with their ships with all manner of liberty and security; no distinction being made who are the proprietors of the merchandise laden therein, from any port to the places of those who now are or hereafter may or shall be at enmity with the said States of the Seven United Provinces of Holland, or the said United States of America. It shall be also lawful for the subjects and citizens aforesaid, to sail with the ships and merchandise aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, whether they be under the jurisdiction of one and the same power, or under several. And it is hereby stipulated, that free ships shall also give a freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers, and in the actual service of the enemies.

ARTICLE XXIX.

This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only, which are distinguished by the name of contraband or prohibited goods, and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs, with their fusils, and other things belonging to them, fire balls, gunpowder, match, cannon balls, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, muskets, musket balls, helmets, headpieces, breastplates, coats of mail, and the like kinds of arms proper for arming soldiers, musket rests, belts, horses, with their furniture, and all other warlike instruments whatever. The merchandise which follows shall not be reckoned among contraband or prohibited goods, that is to say, all sorts of cloth, and all other manufactures made of wool, flax, hemp, silk, cotton, or any other materials whatever. All kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, lead, copper, brass, as also wheat and barley, and every other kind of corn and pulse, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, cider, sugars, syrup, and all sorts of salt; and in general, all provisions which serve to the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, turpentine, ropes, cables, sail, sailcloths, anchors, and any parts of anchors; also ships’ masts, planks, boards, and beams of what trees soever, and all other things proper either for building or repairing ships; and all other goods whatsoever, which have not been worked into the form of any instrument or thing prepared for war, by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned among free goods; as likewise all other merchandise and things, which are not comprehended or particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects and citizens of both confederates, even to places belonging to an enemy, such towns and places being only excepted as are at that time besieged, blocked up, or invested.

ARTICLE XXX.

To the end, that all manner of dissension and quarrels may be prevented and avoided on both sides, it is agreed, that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or citizens of the other ally must be furnished with sea letters, or passports, expressing the name, property, or bulk of the ship, or vessel, as also the name, place, or habitation of the master, or commander of the said ship, or vessel, that it may appear thereby, that the ship really and truly belongs to the subjects, or citizens of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year, that is if the ship or vessel happens to return home within the space of a year. It is likewise agreed, that such ships or vessels being laden are to be provided not only with passports, as above mentioned, but also with certificates containing the several particulars of the cargo, the place from whence the ship sailed, and whither she is bound, that so it may be known, whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship or vessel set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates the persons to whom the goods on board belong, he may freely do it.

ARTICLE XXXI.

The ships or vessels of the subjects or citizens of either of the parties coming upon any coasts belonging to either of the said confederates, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected on some manifest tokens of carrying to the enemy of the other ally any prohibited goods called contraband, and in case of such manifest suspicion, the said subjects and citizens of either of the parties shall be obliged to exhibit in the ports, their passports and certificates in the manner before specified.

ARTICLE XXXII.

If the ships or vessels of the said subjects, or people of either of the parties, shall be met with sailing along the coasts, or on the high seas, by any ship of war, privateer, or armed vessel of the other party, the said ships of war, privateers, or armed vessels, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship, which they shall so meet with, and may enter her, to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport, concerning the property of the ship or vessel made out according to the form annexed to this present treaty, and the ship or vessel, after such passport has been shown, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, to give her chase or to force her to quit her intended course.

ARTICLE XXXIII.

It is also agreed, that all goods when once put on board the ships or vessels of either party shall not be subject to any further visitation; but all visitation and search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective parties, their subjects or people; nor shall the persons or goods of the subjects or people of their said High Mightinesses, the States of the Seven United Provinces of Holland, or the said United States of America, be put under any arrest, or molested by any other kind of embargo for that cause; but only the subject of that power, by which the said goods have been or shall be prohibited, who shall have presumed to sell or alienate such sort of goods, may be duly punished for the offence, according to the laws, customs or ordinances of his own country.

ARTICLE XXXIV.

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 commissioners of their own appointing, whose functions shall be regulated by particular agreement, whenever either party chooses to make such appointment.

This is a rough plan of a treaty of commerce, which, in consequence of the appointment and instructions of the Honorable Engelbert Francis Van Berckel, Counsellor Pensionary of the city of Amsterdam, to me John de Neufville, citizen of the said city of Amsterdam, I have perused, considered, and settled with William Lee, Commissioner of Congress, as a proper treaty of commerce to be entered into between their High Mightinesses, the States of the Seven United Provinces of Holland, and the United States of America.

This done at Aix la Chapelle, the 4th of September, 1778.

JOHN DE NEUFVILLE.

COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM LEE.

Philadelphia, October 28th, 1778.

Sir,

The enclosed resolve it is hoped will be productive of singular advantage, so for as relates to you, who must depend greatly for American intelligence on your connexions in Paris. Congress have been and are exceedingly loaded with business, and of late have met with some singular interruptions in the intended general arrangement of their foreign affairs, so that they have yet only decided in respect to Dr Franklin, their Minister Plenipotentiary at the Court of France.

Our first and most pressing business is the appreciation of our currency. This point accomplished, our enemies themselves will acknowledge their hopes of conquering us at an end. The British Commissioners, sent on a foolish and wicked errand to America, are returning home completely disappointed; and there is reason from appearances to think, that the land forces of Britain are gradually withdrawing from these States. It is probable, that the Marquis de la Fayette, by whom this letter goes, will obtain in Boston further knowledge than we now have of the destination of a fleet lately departed from New York, amounting to about one hundred and fifty sail.

We shall desire Mr Adams to give you all possible information on the arrival of this packet, and shall soon despatch other letters from this port.

With hearty prayers for your welfare, we are, Sir, your affectionate friends,

R. H. LEE, JAMES LOVELL.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Frankfort, February 25th, 1779.

Gentlemen,

I have the honor of enclosing to you with this a fourth copy of the plan of a treaty, arranged as you will see between M. John de Neufville, on the part of the Pensionary and Burgomasters of Amsterdam, and myself on the part of the United States of America. This plan, I presume, will meet with the approbation of Congress, and if it can be carried through in the General Assembly of the Seven United States of the Netherlands, America cannot have any just grounds of complaint. If any further steps are taken by you in this business, it will be necessary to authorise some person to complete it in your name, who must advance it with the States-General as he finds the temper of the times and politics, for it is to be observed, that by their constitution, in all cases of treaties, alliances, peace, or war, the unanimous consent of all the States is requisite; however, it is with pleasure I inform you, that in consequence of the negotiation with Amsterdam, and the correspondence I have kept up with the parties, that city (by far the most important member of their union) has with infinite firmness and resolution opposed all the intrigues of Great Britain, countenanced as it is said by the Prince of Orange, to involve the Republic in a war against France, and consequently against America.

The efforts of Amsterdam have at last prevailed on the States-General to come to a resolution lately much in our favor, that is, that they insist upon Great Britain’s strictly adhering to the treaty of 1674, whereby the Dutch commerce is allowed to be entirely free; and if Great Britain will not accede to this, they will convoy their trade with ships of war, and repel force with force. They are accordingly making a very respectable addition to their navy, the care of which Amsterdam has taken on herself.

With respect to Germany, our affairs seem to wear a more promising aspect, than they have done for some time past. Letters of good authority from Vienna, Berlin, and Breslaw, the present residence of the King of Prussia, speak with confidence of the terms of peace being fully settled between the House of Austria and Prussia, under the mediation of France and Russia, that of Great Britain being equally slighted by both parties. There has been about ten thousand men raised in this country, under the title of free corps, for the two contending powers, all of whom will be dismissed as soon as peace is signed, and will be ready to enter into any service that will pay them. It will require infinite address, industry, and management to prevent Great Britain from gaining advantage from this circumstance, which will no doubt be attempted by their agent, General Faucet, who is now in this country, endeavoring to buy more human flesh to sacrifice to the demon of tyranny in America. To this object I shall apply at present my principal attention, at the same time keeping a watchful eye upon the Courts of Vienna and Berlin, to take advantage of the first favorable opening for as that appears at either.

I think it most probable, that one or both of those Courts will begin a negotiation with us, in a very little space of time after the peace between them is finally settled; however, for the present the King of Prussia has formally engaged, by a letter from his Minister, who writes in the King’s name, the 17th instant, “that the merchants of North America, who should come with their merchant vessels into the ports of his Majesty to trade there, in merchandise that is not prohibited, should have full liberty, and should be received in all respects, as the merchants of other countries.” This looks to me, as if they wished the trade to be commenced between America and the Prussian dominions, but the European merchants, and especially those who are not accustomed to a foreign commerce, which is almost universally the case with the merchants in the Prussian dominions, are cautious, and do not care to venture hastily in a trade, which they do not understand. A vessel or two from America, arriving in the port of Emden, would convince the Prussian merchants more of the practicability of this commerce, than a volume of the most demonstrative reasoning, that ever was written. You will judge then of the propriety of encouraging the American merchants to undertake a trial of this commerce.

This will be delivered to you by Samuel W. Stockton of New Jersey, who has been with me some months, in the capacity of Secretary to the Commission, at the Courts of Vienna and Berlin, for which purpose he left London in May last, where he had been some years pursuing the study of the law. He now returns to his country, because we do not see clearly how the expense of a Secretary is to be supported, since the American Commissioners at the Court of Versailles have lately demurred at paying my draft on them for my expenses, conformably to the resolve of Congress, and though they have allowed me some money, I am given to understand, that it is the last I am to expect from them; therefore, if you should agree in opinion with most others on the propriety of keeping up the Commissions in Germany, it will be quite necessary to establish some sure funds to support the expense. Mr Stockton has received from me 3732 livres for his expenses, and I am obliged to refer him to Congress for such further consideration as they may judge he deserves, not having it in my power to make him that compensation for his services to the public, which I think him entitled to. However, justice calls upon me to say, that he merits consideration and esteem for his zeal and readiness to serve his country, whenever it was in his power, and therefore I am sure Congress will render him ample retribution.

To Mr Stockton I refer you for further information relative to the general state of political affairs in this quarter of the world, and expecting shortly another opportunity, I shall write again, when I hope to be able to give you very pleasing accounts of the progress of my negotiations in this country. I have not received any letter or intelligence from you of a later date than May last, therefore I have no reply to make.

I have the honor to be, &c.

WILLIAM LEE.

TO THE PRESIDENT OF CONGRESS.

Paris, March l6th, 1779.

Sir,

I have just had communicated to me the copies of two letters from Mr Silas Deane, addressed to Mr President Laurens, dated Philadelphia, October the 12th, 1778, and a separate paper relative to the 11th and 12th articles in the Treaty of Commerce between His Most Christian Majesty and the United States of America;[56] in which letters, so far as respects me personally, he has asserted nearly the same groundless charges as in his letter to the public, which has been already so fully replied to, and proved to be utterly repugnant to truth. Had Mr Deane made these very extraordinary assertions only once, he might have had some shadow of excuse, though it is a very bad one, by pleading a weak memory; but a deliberate repetition of them, after an interval of time amply sufficient for recollection, shows a heart and designs of such a complexion as all good men should avoid and guard against. Mr Deane concludes with the following assertions, by way of summary of all that he had before advanced.