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By the United States in Congress assembled.
WHEREAS in pursuance of a plenipotentiary com miffion given on the 29th day of December, 1780, to the Honourable John Adams, a treaty of amity and commerce between their High Mightineffes the States General of the United Netherlands, and the United States of America was, on the 8th day of October, 1782, concluded by the faid John Adams, with Plenipotentiaries named for that purpose by their faid High Mightineffes the States General of the United Netherlands; and whereas the said treaty has been this day approved and ratified by the United States in congrefs affembled, as the fame is contained in the words following, to wit.
A Treaty of Amity and Commerce between their High Mightineffes the States General of the United Netherlands, and the United States of America, to wit, New Hampfhire, Maffachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
HEIR High Mightineffes the States General of the United Netherlands, and the United States of America, to wit, New Hampshire, Maffachusetts, Rhode Inland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, defiring to afcertain, in a permanent and equitable manner, the rules to be observed relative to the commerce and correfpondence which they intend to establish between their respective states, countries, and inhabitants, have judged, that the faid end cannot be better obtained than by establishing the most perfect equality and reciprocity for the bafis of their agreement, and by avoiding all those burdenfome preferences which are ufually the fources of de
bate, embarraffment, and difcontent; by leaving also each party at liberty to make, refpecting commerce and navigation, fuch ulterior regulations as it fhall find moft convenient to itself, and by founding the advantages of commerce folely upon reciprocal utility and the juft rules of free intercourfe, referving with all, to each party, the liberty of admitting, at its pleasure, other nations to a participation of the fame advantages.
Ôn these principles, their faid High Mightineffes the States General of the United Netherlands have named for their Plenipotentiaries, from the midft of their affembly, Meffieurs their Deputies for the Foreign affairs; and the faid United States of America, on their part, have furnished with full powers Mr. John Adams, late Commiffioner of the United States of America at the Court of Verfailles, heretofore Delegate in Congrefs from the State of Maffachufetts Bay, and Chief Juftice of the faid State; who have agreed and concluded as follows, to wit:
Art. I. There fhall be a firm, inviolable, and univerfal peace, and fincere friendship, between their High Mightineffes the Lords the States General of the United Netherlands, and the United States of America; and between the fubjects and inhabitants of the said parties, and between the countries, iflands, cities, and places, fituated under the jurifdiction of the faid United Netherlands, and the faid United States of America, their fubjects and inhabitants, of every degree, without exception of perfons or places.
II. The fubjects of the faid States General of the United Netherlands fhall pay in the ports, havens, roads, countries, islands, cities, or places of the United States of America, or any of them, no other nor greater duties or impofts, of whatever nature or denomination they may be, than those which the nations the moft favoured are or fhall be obliged to pay; and they fhall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, which the faid nations do or fhall enjoy, whether in paffing from one port to another in the faid ftates, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of thofe ports.
III. The fubjects and inhabitants of the faid United States of America fhall pay in the ports, havens, roads, countries, islands, cities, or places of the said United Netherlands, or any of them, no other nor greater duties or impofts, of whatever nature or denomination they may be, than those which the nations the most favoured are or fhall be obliged to pay, and they fhall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, which the faid nations do or fhall enjoy, whether in paffing from one port to another in the faid states, or from any one towards any one of those ports, from or to any foreign port of the world; and the United States of America, with their fubjects and inhabitants, shall leave to thofe of their High Mightineffes the peaceable enjoyment of their rights in the countries, iflands, and feas in the East and West Indies, without any hindrance or moleftation.
IV. There fhall be an entire and perfect liberty of confcience allowed to the subjects and inhabitants of each party, and to their families, and no one shall be molested in regard to his worship, provided he admits as to the publick demonftration of it, to the laws of the country; there fhall be given, moreover, liberty, when any fubjects or inhabitants of either party fhall die in the territory of the other, to bury them in the ufual burying places, or in decent and convenient grounds to be appointed for that purpose, as occafion fhall require; and the dead bodies of those who are buried fhall not, in any wife, be molefted. And the two contracting parties fhall provide each one in his jurifdiction, that their refpective fubjects and inhabitants may henceforward obtain the requifite certificates in cafes of deaths in which they fhall be interested,
V. Their High Mightineffes the States General of the United Netherlands, and the United States of America, fhall endeavour, by all the means in their power, to defend and protect all veffels and other effects belonging to their fubjects and inhabitants refpectively, or to any of them in their ports, roads, havens, internal feas, passes, rivers, and as far as their jurisdiction extends at fea, and
to recover and cause to be restored to the true proprietors, their agents, or attornies, all fuch veffels and effects which fhall be taken under their jurifdictions, and their veffels of war and convoys, in cafes when they may have a common enemy, fhall take under their protection all the veffels belonging to the fubjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which fhall be made of them hereafter, for places with which one of the parties is in peace and the other at war, not deftined for any place blocked, and which shall hold the fame course or follow the fame route and they fhall defend fuch veffels as long as they fhall hold the fame course or follow the fame route against all attacks, force, and violence of the common enemy, in the fame manner as they ought to protect and defend the vessels belonging to their own respective fubjects.
VI. The fubjects of the contracting parties may, on one fide and on the other, in the respective countries and ftates, difpofe of their effects by teftament, donation, or otherwife; and their heirs, fubjects of one of the parties, and refiding in the country of the other or elsewhere, fhall receive fuch fucceffions, even ab inteftato, whether to perfon or by their attorney or substitute, even although they fhall not have obtained letters of naturalization, without having the effect of fuch commiffion contested under pretext of any rights or prerogatives of any province, city, or private perfon; and if the heirs, to whom fuch fucceffion may have fallen, fhall be minors, the tutors or curators established by the judge domieniary of the faid minors, may govern, direct, adminifter, fell, and alterate the effects fallen to the faid minors by inheritance, and in general, in relation to the faid fucceffions and effects, ufe all the rights and fulfil all the functions which belong to the difpofition of the laws, to guardians, tutors, and curators: provided, nevertheless, that this difpofition cannot take place but in cafes where the testator fhall not have named guardians, tutors, curators, by teftament, codicil, or other legal inftrument.
VII. It fhall be lawful and free for the fubjects of each party to employ fuch advocates, attornies, notaries, folicitors, or factors, as they fhall judge proper.
VIII. Merchants, masters, and owners of fhips, mariners, men of all kinds, fhips, and veffels, and all merchandises, and goods in general, and effects of one of the confederates, or of the fubjects thereof, fhall not be feized or detained in any of the countries, lands, islands, cities, places, ports, fhores, or denominations whatsoever of the other confederate for any military expedition, publick or private use of any one, by arrefts, violence, or any colour hereof; much lefs fhall it be permitted to the fubjects of either party to take or extort, by force, any thing from the fubjects of the other party without the confent of the owner: which, however, is not to be understood of feizures, defcentions, and arrefts, which fhall be made by the command and authority of juftice, and by the ordinary methods on account of debts or crimes, in respect whereof, the proceedings must be, by way of law, according to the forms of juftice.
IX. It is farther agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other fubjects and inhabitants of the contracting parties, in every place fubjected to the jurifdiction of the two powers respectively, to manage themselves their own business and, moreover, as to the ufe of interpreters or brokers, as alfo in relation to the loading or unloading of their veffels, and every thing which has relation thereto, they fhall be, on one fide and on the other, confidered and treated upon the footing of natural fubjects, or, at least, upon an equality with the most favoured nation.
X. The merchant fhips of either of the parties, coming from the port of an enemy, or from their own or a neutral port, may navigate freely towards any port of an enemy of the other ally they fhall be, nevertheless, held, whenever it fhall be required, to exhibit, as well upon the high feas as in the ports, their fea letters and other documents defcribed in the twenty-fifth article, ftating expreffly, that their effects are not of the number of those which are prohibited as contraband and not having any contraband goods for an enemy's port, they U 4