moleft her, or fearch her in any manner, nor to give her chace, nor to force her to alter her course. XXVII. It fhall be lawful for merchants, captains, and commanders of veffels, whether publick and of war, or private and of merchants, belonging to the faid United States of America, or any of them, or to their fubjects and inhabitants, to take freely into their fervices and receive on board of their veffels, in any port or place in the jurifdiction of their High Mightineffes aforefaid, feamen or others, natives or inhabitants of any of the faid States, upon fuch conditions as they fhall agree on, without being fubject for this to any fine, penalty, punishment, procefs, or reprehenfion whatfoever; and reciprocally, all merchants, captains and commanders, belonging to the faid United Netherlands, fhall enjoy all the ports and places under the obedience of the faid United States of America, the fame privilege of engaging and receiving feamen, or others, natives or inhabitants of any country of the domination of the said States General; provided that neither on the one fide nor the other, they may not take into their fervice, fuch of their countrymen who have already engaged in the fervice of the other party contracting, whether in war or trade, and whether they meet them by land or fea; at least, if the captains or mafters, under the command of whom fuch perfons may be found, will not, of his own confent, discharge them from their fervice, upon pain of being otherwise treated and punished as deferters. XXVIII. The affair of refraction fhall be regulated in all equity and juftice, by the magiftrates of cities refpectively, where it fhall be judged that there is any room to complain in this respect. XXIX. The prefent treaty fhall be ratified and approved by their High Mightineffes the States General of the United Netherlands, and by the United States of America, and the acts of ratification fhall be delivered in good and due form on one fide and the other, in the fpace of fix months, or fooner if poffible, to be computed from the day of the fignature. In faith of which, we the Deputies and Plenipotentiaries of the Lords States General of the United Nether, lands, lands, and the Minifter Plenipotentiary of the United States of America, in virtue of our refpective authorities and full powers, have figned the present treaty, and oppofed thereto the feals of our arms. Done at the Hague the 8th of October, 1782. The form of the Passport which shall be given to Ships and Veffels, in confequence of the 25th Article of this Treaty. To all who fhall fee thefe prefents, greeting: be it known, that leave and permiffion are hereby given to mafter and commander of the fhip or veffel of the burden of tons, or there called and laden with bound for to depart and proceed with the faid fhip or veffel on his faid voyage, fuch fhip or veffel having been vifited, and the faid mafter and commander having made oath before the proper officer, that the faid fhip or veffel belongs to one or more of the fubjects, people or inhabitants of and to him or them only. In witness whereof, we have subscribed our names to these presents, and affixed the feal of our arms thereto, and caufed the fame to be counterfigned by in the year of at this our Lord Chrift day of Form of the Certificates which shall be given to Ships or Vessels in confequence of the 25th Article of this Treaty. in the year of our perfonally ap peared before us, and declared by folemn oath, that the ship or vessel called tons, or thereabouts, whereof prefent master or commander, does perly belong to him or them only. bound from the city or port of laden with goods and merchandises hereunder particularly defcribed and enumerated as follows: In In witnefs whereof we have figned this certificate, and fealed it with the feal of our office, this in the year of our Lord Chrift Form of the Sea Letter. day of Moft Serene, Serene, Moft Puiffant, Puiffant, High, Illuftrious, Noble, Honourable, Venerable, Wife and Prudent Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomafters, Schepens, Counsellors, as alfo Judges, Officers, Jufticiaries and Regents, of all the good cities and places, whether ecclefiaftical or fecular, who fhall fee thefe patents, or hear them read: We, Burgomafters and Regents of the city of make known that the master of appearing before us, has declared upon oath, that the veffel called of the burden of about lafts, which he at prefent navigates, is of the United Provinces, and that no fubjects of the enemy have any part or portion therein, directly or indirectly, fo may God Almighty help him; and as we wish to fee the faid mafter prosper in his lawful affairs, our prayer is, to all the before-mentioned, and to each of them feparately, where the faid mafter fhall arrive with his veffel and cargo, that they may please to receive the faid mafter with goodness, and to treat him in a becoming manner, permitting him upon the ufual tolls and expences, in paffing and repaffing, to pass, navigate and frequent the ports, paffes and territories, to the end, to tranfact the bufinefs where and in what manner he fhall judge proper; whereof we fhall be willingly indebted. In witnefs, and for caufe whereof, we affix hereto the feal of this city. (In the margin.) By ordinance of the High and Mighty Lords, the States General of the United Netherlands. And whereas a convention, concerning veffels recaptured, was at the place and on the day above mentioned, concluded by the faid Minifter Plenipotentiary, on the part of thefe United States, with the faid Plenipotentiaries on the part of the faid Lords the States General of VOL. III. X the the United Netherlands; and the fame hath been this day approved and ratified by the United States in Congrefs affembled, as it is contained in the words following, to wit: Convention between the Lords the States General of the United Netherlands, and the United States of America, concerning Veffels recaptured. 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 veffels of war, and commiffioned by the two contracting powers, upon their common enemies, and to veffels of the fubjects of either party captured by the enemy, and recaptured by veffels of war commiffioned by either party, have agreed upon the following articles: Article I. The veffels of either of the two nations, recaptured by the privateers of the other, fhall be restored to the first proprietor, if fuch veffels have not been four and twenty hours in the power of the enemy; provided the owner of the veffel recaptured pay therefore one third of the value of the veffel, as alfo of that of the cargo, the cannons and apparel; which third fhall be valued by agreement between the parties interested, or if they cannot agree thereon among themfelves, they fhall addrefs themselves to the officers of the Admiralty of the place where the privateer, who has retaken the veffel fhall have conducted her. II. If the veffel recaptured has been more than twentyfour hours in the power of the enemy, fhe fhall belong entirely to the privateer who has retaken her. III. In cafe a veffel fhall have been recaptured by a veffel of war belonging to the States General of the United Netherlands, or to the United States of America, she shall be restored to the firft owner, he paying a thirtieth part of the value of the fhip, her cargo, cannons and apparel, if she has been recaptured in the interval of twenty-four hours, and the tenth part if the has been recaptured after the twenty-four hours; which • fums fums fhall be diftributed in form of gratifications to the crews of the veffels which fhall have retaken her. The valuation of the faid thirtieth parts and tenth parts fhall be regulated according to the tenor of the first article of the prefent convention. IV. The reftitution of prizes, whether they may have been retaken by veffels of war or privateers, in the mean time, and until requifite and fufficient proofs can be given of the property of veffels recaptured, fhall be admitted in a reasonable time, under fufficient fureties for the obfervation of the aforefaid articles. V. The veffels of war and privateers, of one and the other of the two nations, fhall be reciprocally, both in Europe and in the other parts of the world, admitted in the refpective ports of each, with their prizes, which may be unloaded and fold according to the formalities ufed in the state where the prizes fhall have been conducted, as far as may be confiftent with the 22d article. of the Treaty of Commerce: provided always, that the legality of prizes, by the veffels of the Low Countries, fhall be decided conformably to the customs and regulations established in the United Netherlands; as likewife, that of prizes made by American veffels, fhall be judged according to the laws and regulations determined by the United States of America. VI. Moreover it fhall be free for the States General of the United Netherlands, as well as for the United States of America, to make fuch regulations as they fhall judge neceffary, relative to the conduct which their respective veffels and privateers ought to hold in relation to the veffels 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 Minifter Plenipotentiary of the United States of America, have in virtue of our refpective authorities, and full powers, figned thefe prefents, and confirmed the fame with the feal of our arms. Done at the Hague, the 8th of October, 1782. Now, therefore, to the end that the faid treaty and convention may, with all good faith, be performed and obferved X 2 |