Chapter 17

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 chooses to make such appointments.

ARTICLE XXII.

This treaty shall not be understood in any manner to derogate from the ninth, tenth, nineteenth, and twenty-fourth articles of the treaty with France, as they were numbered in the same treaty, concluded the sixth of February, 1778, and which make the articles ninth, tenth, seventeenth, and twenty-second 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 according to that treaty, and enjoying the advantages of said four articles.

ARTICLE XXIII.

If at any time the United States of America shall judge 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 favourable manner, by means of their Consuls residing near the said King, Emperor, and Regencies.

_Contraband._

ARTICLE XXIV.

The liberty of navigation and commerce shall extend to all sorts of merchandizes, excepting only those which are distinguished under the name of contraband, or merchandizes prohibited; (p. 082) and under this denomination of contraband and merchandizes prohibited, shall be comprehended only warlike stores and arms, as mortars, artillery, with their artifices and appurtenances, fusils, pistols, bombs, grenades, gunpowder, saltpetre, sulphur, match, bullets and balls, pikes, sabres, lances, halberts, casques, cuirasses, and other sorts of arms, as also soldiers, horses, saddles, and furniture for horses; all other effects and merchandizes, 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 merchandizes, 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 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.

ARTICLE XXV.

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 belonging 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 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 the 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 also been 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 publick 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.

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 (p. 083) 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 give her chase, nor to force her to alter her course.

ARTICLE XXVII.

It shall be lawful for merchants, captains, and commanders of vessels, whether publick 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 submitted 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.

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 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 eighth of October, one thousand seven (p. 084) hundred and eighty-two.

John ADAMS. [L.S.] George VAN RANDWYCK. [L.S.] B. V. D. SANTHEUVEL. [L.S.] P. V. BLEISWIJK. [L.S.] W. C. H. VAN LIJNDEN. [L.S.] D. J. VAN HEECKEREN. [L.S.] Joan VAN KUFFELER. [L.S.] F: G: VAN DEDEM, TOT DEN GELDER. [L.S.] H: TJASSENS. [L.S.]

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_Convention between the Lords the States-General of the United Netherlands and the United States of America, concerning vessels recaptured. Concluded October 8, 1782._

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 vessels of the subjects of either party, captured by the enemy, and recaptured by vessels of war commissioned by either party, have agreed upon the following articles:

ARTICLE I.

The vessels of either of the two nations recaptured by the privateers of the other, shall be restored to the first proprietor, if such vessels have not been four and twenty hours in the power of the enemy, provided the owner of the vessel recaptured pay therefor one-third 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 retaken the vessel shall have conducted her.

ARTICLE II.

If the vessel recaptured has been more than twenty-four hours in the power of the enemy, she shall belong entirely to the privateer who has retaken her.

ARTICLE III.

In case a vessel shall have been recaptured 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 thirtieth part of the value of the ship, her cargo, cannons and apparel, if she has been recaptured in the interval of twenty-four hours, and the tenth part if she has been recaptured after the twenty-four hours, which sums shall be (p. 085) distributed in form of gratifications to the crews of the vessels which have retaken her. The valuation of the said thirtieth parts and tenth parts shall be regulated according to the tenor of the first article of the present convention.

ARTICLE IV.

The restitution of prizes, whether they may have been retaken 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 recaptured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles.

ARTICLE V.

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.

ARTICLE VI.

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 may 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 seals of our arms.

Done at the Hague the eighth of October, one thousand seven hundred and eighty-two.

John ADAMS. [L.S.] George VAN RANDWYCK. [L.S.] B. V. D. SANTHEUVEL. [L.S.] P. V. BLEISWIJK. [L.S.] W. C. H. VAN LIJNDEN. [L.S.] D. J. VAN HEECKEREN. [L.S.] Joan VAN KUFFELER. [L.S.] F: G: VAN DEDEM, TOT DEN GELDER. [L.S.] H: TJASSENS. [L.S.]

No. 14. (p. 086) PLATE XIV.

_1782._

Libertas Americana. [Rx]. Non sine diis animosus infans.

LIBERTAS AMERICANA.

[_Surrender of the British Armies at Saratoga and at Yorktown._]

LIBERTAS AMERICANA. (_American liberty._) The head of a beautiful maiden, facing the left, with dishevelled hair floating in the wind, and with the rod of liberty surmounted by the Phrygian cap on her right shoulder. Exergue: 4 JUIL. (_sic_) 1776. (_4 Julii, 1776: July 4, 1776._) On edge of bust, DUPRÉ.

NON SINE DIIS ANIMOSUS INFANS.[52] (_The courageous child was aided by the gods._) The infant Hercules (_America_), in his cradle, is strangling two serpents, while Minerva (_France_) stands by, helmeted, and with spear in her right hand, ready to strike a leopard (_England_) whose attacks she wards off with her shield decked with the lilies of France. Exergue: 17/19 OCT. 1777/1781. (17/19 _Octobris_ 1777/1781: 17/19 _October_, 1777/1781.)[53] DUPRÉ. F. (_fecit_).[54]

[Footnote 52: Horace, Book III, Ode iv, 20.]

[Footnote 53: Dates of the surrender of the British armies at Saratoga and at Yorktown.]

[Footnote 54: See INTRODUCTION, pages x, xi, and xxii.]

This medal was not voted by Congress, but was ordered by Franklin, in commemoration of the surrenders of Lieutenant-General Burgoyne and of General Lord Cornwallis. As the official reports of the first of these events have already been given under No. 2, page 9, I give here only the documents relating to the surrender of Lord Cornwallis, at Yorktown.

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ORIGINAL DOCUMENTS. (p. 087)

_General Washington to the President of Congress._

To His Excellency Headquarters, near York, THE PRESIDENT OF CONGRESS. October 19, 1781.

Sir: I have the honour to inform Congress that a reduction of the British army, under the command of Lord Cornwallis, is most happily effected. The unremitted ardour which actuated every officer and soldier in the combined army on this occasion, has principally led to this important event, at an earlier period than my most sanguine hopes had induced me to expect.

The singular spirit of emulation, which animated the whole army from the first commencement of our operations, has filled my mind with the highest pleasure and satisfaction, and had given me the highest presages of success.

On the 17th instant, a letter was received from Lord Cornwallis, proposing a meeting of commissioners to consult on terms for the surrender of the posts of York and Gloucester. This letter (the first that had passed between us) opened a correspondence, a copy of which I do myself the honour to inclose; that correspondence was followed by the definitive capitulation, which was agreed to and signed on the 19th, copy of which is herewith transmitted; and which I hope will meet with the approbation of Congress.

I should be wanting in the feelings of gratitude did I not mention on this occasion, with the warmest sense of acknowledgment, the very cheerful and able assistance which I have received in the course of our operations from His Excellency the Count de Rochambeau. Nothing could equal this zeal of our allies but the imitating spirit of the American officers, whose ardour would not suffer their exertions to be exceeded.

The very uncommon degree of duty and fatigue, which the nature of the service required from the officers of engineers and artillery of both armies, obliges me particularly to mention the obligations I am under to the commanding and other officers of those corps.

I wish it was in my power to express to Congress how much I feel myself indebted to the Count de Grasse, and the officers of the fleet under his command, for the distinguished aid and support which has been afforded by them, between whom and the army the most happy concurrence of sentiments and views have subsisted, and from whom every possible co-operation has been experienced which the most harmonious intercourse could afford.

Returns of the prisoners, military stores, ordnance, shipping and other matters, I shall do myself the honour to transmit to Congress as soon as they can be collected by the heads of departments to which they belong.

Colonel Laurens and the Viscount de Noailles, on the part of the combined army, were the gentlemen who acted as commissioners for forming and settling the terms of capitulation and surrender, herewith transmitted, to whom I am particularly obliged for their readiness and attention exhibited on the occasion.

Colonel Tilghman, one of my aids-de-camp, will have the (p. 088) honour to deliver these despatches to Your Excellency; he will be able to inform you of every minute circumstance which is particularly mentioned in my letter. His merits, which are too well known to need any observations at this time, have gained my particular attention, and I could wish that they may be honoured by the notice of Your Excellency and Congress.

Your Excellency and Congress will be pleased to accept my congratulations on this happy event, and believe me to be, with the highest respect and esteem,

Sir, your Excellency's most obedient humble servant, Geo. WASHINGTON.

P.S. Though I am not possessed of the particular returns, yet I have reason to suppose that the number of prisoners will be between five and six thousand, exclusive of seamen and others.

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_General Washington to the President of Congress._

To His Excellency Headquarters, near York, THE PRESIDENT OF CONGRESS. October 27, 1781.

Sir: I do myself the honour to enclose to Your Excellency copies of returns of prisoners, artillery, arms, ordnance, and other stores, surrendered by the enemy in their posts of York and Gloucester, on the 19th instant, which were not completed at the time of my despatches, and but this moment handed to me. A draft of these posts, with the plan of attack and defence, is herewith transmitted; and twenty-four standards, taken at the same time, are ready to be laid before Congress.

My present despatches being important, I have committed to the care of Colonel Humphreys, one of my aids-de-camp, whom, for his attention, fidelity and good services, I beg leave to recommend to Congress and Your Excellency.

I have the honour to be, Sir, Your Excellency's most obedient humble servant, Geo. WASHINGTON.

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_Resolutions of Congress Voting Thanks, etc., for the Taking of Yorktown._

BY THE UNITED STATES IN CONGRESS ASSEMBLED:

_Resolved_, That the thanks of the United States, in Congress assembled, be presented to His Excellency General Washington, for the eminent services which he has rendered to the United States, and particularly for the well concerted plan against the (p. 089) British garrisons in York and Gloucester; for the vigour, attention, and military skill with which that plan was executed, and for the wisdom and prudence manifested in the capitulation.

That the thanks of the United States, in Congress assembled, be presented to His Excellency the Count de Rochambeau, for the cordiality, zeal, judgment, and fortitude, with which he seconded and advanced the progress of the allied army against the British garrison in York.

That the thanks of the United States, in Congress assembled, be presented to His Excellency Count de Grasse, for his display of skill and bravery in attacking and defeating the British fleet off the Bay of Chesapeake, and for his zeal and alacrity in rendering, with the fleet under his command, the most effectual and distinguished aid and support to the operations of the allied army in Virginia.

That the thanks of the United States, in Congress assembled, be presented to the commanding and other officers of the corps of artillery and engineers of the allied army, who sustained extraordinary fatigue and danger in their animated and gallant approaches to the lines of the enemy.

That General Washington be directed to communicate to the other officers and soldiers under his command the thanks of the United States, in Congress assembled, for their conduct and valour on this occasion:

_Resolved_, That the United States, in Congress assembled, will cause to be erected, at York, in Virginia, a marble column, adorned with emblems of the alliance between the United States and His Most Christian Majesty, and inscribed with a succinct narrative of the surrender of Earl Cornwallis to His Excellency General Washington, commander-in-chief of the combined forces of America and France, to His Excellency the Count de Rochambeau, commanding the auxiliary troops of His Most Christian Majesty in America, and to His Excellency the Count de Grasse, commanding-in-chief the naval army of France in Chesapeake.

_Resolved_, That two stands of colours taken from the British army under the capitulation of York, be presented to His Excellency General Washington, in the name of the United States in Congress assembled.