ANNEX TO THE TREATY OF AMITY AND COMMERCE OF OCTOBER 8, 1782. The form of the passport which shall be given to ships and vessels in consequence of the 25th article of this treaty. To all who shall see these presents, greeting: Be it known that leave and permission are hereby given to master or commander of the ship or vessel called of the burthen of tons, or thereabouts, lying at present in the port or haven of bound for and 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 the year of our Lord Christ at in Form of the certificate which shall be given to ships or vessels in consequence of the 25th article of this treaty. We, of magistrates or officers of the customs of the city or port do certify and attest that on the year of our Lord C. D., of day of or vessel of -, in the us, and declared by solemn oath that the ship orally appeared before of tons or thereabouts, whereof is at present master or commander, does, rightfully and proper[ly], 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, hereunder particularly described and enumerated as follows: In witness whereof we have signed this certificate and sealed it with the seal of our office this in the year of our Lord Christ day of Form of the Sea-Letter. Most Serene, Serene, most Puissant, Puissant, High, Illustrious, Noble, Honorable, Venerable, Wise and Prudent, Lords, Emperors, Kings, Republicks, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, 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 Burgomasters and Regents of the city of make known that appearing before us has declared upon oath of the burthen of about the master of lasts that the vessell called 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 citty. (In the margin:) By ordinance of the High and Mighty Lords, the States General of the United Netherlands. 1782.@ CONVENTION RELATIVE TO RECAPTURED VESSELS. Concluded October 8, 1782; ratified by the Continental Congress January 23, 1783. ARTICLES. I. Restoration of recaptured vessels. IV. Restitution. V. Vessels of war; prizes. 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 vessells of war, and commissioned by the two contracting Powers, upon their common enemies, and to vessells of the subjects of either party, captured by the enemy, and recaptured by vessells of war commissioned by either party, have agreed upon the following articles. ARTICLE I. The vessells of either of the two nations recaptured by the privaters of the other, shall be restored to the first proprietor, if such vessells have not been four and twenty hours in the power of the enemy, provided the owner of the vessell recaptured, pay therefor one-third of the value of the vessell, 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 vessell shall have conducted her. ARTICLE II. If the vessell 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 vessell shall have been recaptured by a vessell of war belonging to the States General of the United Netherlands, or to the This convention was abrogated by the overthrow of the Netherlands Government in 1795. 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 twentyfour hours; which sums shall be distributed in form of gratifications to the crews of the vessells which shall have retaken her. The valuation of the said thirtieth parts and tenth parts, shall be regulated according to the tenour of the first article of the present convention. ARTICLE IV. The restitution of prizes, whether they may have been retaken by vessells of war or by privateers, in the mean time and untill requisite and sufficient proofs can be given of the property of vessells recaptured, shall be admitted in a reasonable time, under sufficient sureties for the observation of the aforesaid articles. ARTICLE V. The vessells 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 vessells 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 vessells, 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 shall judge necessary, relative to the conduct which their respective vessells and privateers ought to hold in relation to the vessells 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 eight of October, one thousand seven hundred eighty-two. [SEAL.] SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. JOHN ADAMS. GEORGE VAN RANDWYCK. B. V. D. SANTHEUVEL. W. C. H. VAN LYNDEN. F: G: VAN DEDEM, tot den Gelder. 1839. TREATY OF COMMERCE AND NAVIGATION. Concluded January 19, 1839; ratification advised by the Senate January 31, 1839; ratified by the President February 1, 1839; ratifications exchanged May 23, 1839; proclaimed May 24, 1839. ARTICLES. I. Import and export duties, drawbacks, etc. II. Shipping charges. III. Consular officers. IV. Nationality of ships. V. Shipwrecks. VI. Duration. The United States of America and His Majesty the King of the Netherlands, anxious to regulate the commerce and navigation carried on between the two countries in their respective vessels, have, for that purpose, named plenipotentiaries, that is to say: The President of the United States has appointed John Forsyth, Secretary of State of the said United States; and His Majesty the King of the Netherlands, Jonkheer Evert Marius Adrian Martini, Member of the Body of Nobles of the Province of North Brabant, Knight of the Order of the Netherland Lion, and his Chargé d'Affaires near the United States; Who, having exchanged their respective full powers, found in good and due form, have agreed to the following articles: ARTICLE I. Goods and merchandise, whatever their origin may be, imported into or exported from the ports of the United States from or to the ports of the Netherlands in Europe, in vessels of the Netherlands, shall pay no higher or other duties than shall be levied on the like goods and merchandise so imported or exported in national vessels; and, reciprocally, goods and merchandise, whatever their origin may be, imported into or exported from the ports of the Netherlands in Europe from or to the ports of the United States, in vessels of the said States, shall pay no higher or other duties than shall be levied on the like goods and merchandise so imported or exported in national vessels. The bounties, drawbacks, or other favors of this nature which may be granted in the States of either of the contracting parties on goods imported or exported in national vessels shall also and in like manner be granted on goods directly exported or imported in vessels of the other country to and from the ports of the two countries; it being understood that, in the latter as in the preceding case, the goods shall have been loaded in the ports from which such vessels have been cleared. • Articles I and II of this treaty are amended by the convention of August 26, 1852. ARTICLE II. Neither party shall impose upon the vessels of the other, whether carrying cargoes between the United States and the ports of the Netherlands in Europe, or arriving in ballast from any other country, any duties of tonnage, harbour dues, light-houses, salvage, pilotage, quarantine, or port charges of any kind or denomination which shall not be imposed in like cases on national vessels. ARTICLE III. It is further agreed between the two contracting parties that the Consuls and Vice-Consuls of the United States in the ports of the Netherlands in Europe, and, reciprocally, the Consuls and Vice-Consuls of the Netherlands in the ports of the said States, shall continue to enjoy all privileges, protection, and assistance, as may be usual and necessary for the duly exercising of their functions, in respect also of the deserters from the vessels, whether public or private, of their countries. ARTICLE IV. The contracting parties agree to consider and treat as vessels of the United States and of the Netherlands all such as, being furnished by the competent authority with a passport or sea-letter, shall, under the then existing laws and regulations, be recognized as national vessels by the country to which they respectively belong. ARTICLE V. In case of shipwreck or damage at sea, each party shall grant to the vessels, whether public or private, of the other, the same assistance and protection which would be afforded to its own vessels in like cases. ARTICLE VI. The present treaty shall be in force for the term of ten years, commencing six weeks after the exchange of the ratifications; and further until the end of twelve months after either of the contracting parties shall have given to the other notice of its intention to terminate the same: each of the contracting parties reserving to itself the right of giving such notice to the other, after the expiration of the said term of ten years. And it is hereby mutually agreed that in case of such notice this treaty, and all the provisions thereof, shall, at the end of the said twelve months, altogether cease and determine. ARTICLE VII. The present treaty shall be ratified, and the ratifications shall be exchanged at Washington, within six months of its date, or sooner, if practicable. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. "Articles I and II of this treaty are amended by the convention of August 26, 1852. 24449-VOL 2-10 |