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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, FEBRUARY 22, 1779
A letter, of 20, from J. Reed, president of the supreme executive council of Pensylvania, was read, with sundry papers enclosed:
Ordered, That it lie on the table until the order of the day is taken up.
A representation and petition of Thomas Newark was read:
Ordered, That it be referred to the Board of Treasury.
A letter, of 19, from General Washington was read,2 enclosing unsealed letters from New York to Major General Lee:
[Note 2: 2 Reed's letter is in the Papers of the Continental Congress, No. 69, I, folio 621; the petition of Newark is in No. 43, folio 191; and the letter of Washington, in No. 152, VII, folio 111.]
Ordered, That the president forward to Major General Lee the letters directed to him, and inform him that Congress have no doubt but he will explain the transaction therein mentioned.
Ordered, That a warrant issue on the treasurer, in favour of the paymaster of the Board of War and Ordnance, for the sum of one thousand dollars in specie, to be by him forwarded to the Commander in Chief for secret service.
A letter, of 2, from W. Bingham at Martinique, was read:
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Ordered, That so much as relates to the capture made by the private armed ship, the Pilgrim, commanded by Hugh Hill, and belonging to Andrew Cabot and others, of Salem, be referred to the Marine Committee, together with the papers relative thereto;
That the remainder be referred to the Committee of Foreign Affairs.
The Committee of Foreign Affairs laid before Congress a Regulation made by his most Christian Majesty, September 27, 1778, respecting the prizes which French privateers may carry into the ports of the United States of America, and those which American privateers may carry into the ports of France:1
[Note 1: 1 A copy of these regulations is in the Papers of the Continental Congress, No. 59, IX, folio 109.]
Ordered, That it be referred to the Committee on Appeals.
A letter, of 12th, and one of 21 September, 1778, from W. Lee, Commissioner of the United States to the courts of Vienna and Berlin, both dated at Frankfort, on the river Maine, in Germany, were read; enclosing a plan of a treaty of commerce to be entered into between their High Mightinesses, the seven United Provinces of Holland, and the thirteen United States of America:
Plan of a Treaty of Commerce to be entered into between their High Mightinesses the States of the Seven United Provinces of Holland, and the thirteen United States of North America, to wit, New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delawares Maryland, Virginia, North Carolina, South Carolina and Georgia.
The Parties being willing to fix, in an equitable and permanent manner the rules which ought to be followed relative to the correspondence and commerce which they desire to establish between their respective Countries, States, Subjects and people, have judged that the said end could not be better attained than by taking for the basis of their agreement the most perfect equality and reciprocity, and by
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carefully avoiding all those burthensome preferences which are usually the sources of debate, embarrassment and discontent: by leaving also each party at liberty to make, respecting commerce and navigation, such interior regulations as it shall find most convenient to itself, and by founding the advantage of Commerce solely upon reciprocal utility and the Just rules of free intercourse, reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages.
On these Principles the parties above mentioned have after mature deliberation, agreed to the following Articles.
There shall be a firm, inviolable and universal peace and sincere friendship between their High Mightinesses the States of the Seven United provinces of Holland and the United States of North America, and the Subjects and People of the said Parties, and between the Countries, islands, cities and Towns situated under the jurisdiction of the said United States of Holland and the said United States of America, and the people and Inhabitants thereof of every degree without exception of persons or places.
The Subjects of the said United States of Holland shall pay no other duties or imposts in the ports, havens, roads, Countries, Islands, cities and Towns of the said United States of America, or any of them, than the Natives and Inhabitants thereof shall pay; but shall enjoy all the other rights, liberties, privileges, immunities and exemptions in trade Navigation and Commerce in passing from one part thereof to another, and in going to and from the same, from and to any part of the World which the said natives or inhabitants enjoy.
The subjects, people and inhabitants of the said United States of America, or any of them, shall not pay any other duties or imposts in the ports, havens, roads, Countries, Islands, Cities or towns subject to their said High Mightinesses the States of the Seven United Provinces of Holland, than the natives and inhabitants of those Countries, Islands, Cities or towns shall pay; but shall enjoy all other the rights, liberties, privileges, immunities and exemptions in trade, Navigation and
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Commerce in passing from one part thereof to another, and in going to and from the Same, to and from any part of the World which the said natives or inhabitants enjoy.
The subjects and people of each of the aforesaid Confederates, and the Inhabitants of the Countries, islands Cities or towns belonging to either of the parties, shall have liberty freely and securely, without licence or passport, general or special, by land or by Water, or in any other way, to go into the Kingdoms, Countries, provinces, lands, islands, cities, villages, towns walled or unwalled or fortified, ports, dominions or territories whatsoever of the other Confederate, there to enter and return from thence, to abide there and pass through the same, and in the mean time to buy and purchase as they please, all things necessary for their Subsistence and use, and they shall be treated with all mutual kindness and favor: provided, however that in all matters they behave and Comport themselves conformably to the public laws, Statutes and ordinances of such Kingdom, Country, province, island, city or town in which they may be and live and converse with each other friendly and peaceably, and keep up reciprocal Concord by all manner of good understanding.
The subjects and people of each of the Parties and the Inhabitants of the Countries, islands, Cities or Towns subject or belonging to either of them, shall have leave and licence to come with their ships or vessels, as also with the goods and merchandizes on board the same, (the trade or importation whereof are not prohibited by the laws or ordinances of either Country) to the lands, Countries, cities, ports, places and Rivers of either side, to enter into the same, to resort thereto, to remain and reside there without any limitation of time; also to hire houses or to lodge with other people, and to buy all kinds of lawful merchandizes and goods where they think fit from the first workman or Seller, or in any other manner, whether in the public market for the sale of things in mart-towns, fairs or wheresoever those goods or merchandizes are manufactured or sold; they may also lay up and keep in their magazines or warehouses, and from thence expose to sale merchandizes or goods brought from other parts; neither shall they in any wise be obliged, unless willingly and of their own accord, to
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bring their said goods or merchandizes to the marts or fairs, on this condition however that they shall not sell the same by retail in Shops or any where else; but they are not to be loaded with any impositions or taxes on account of the said freedom, or for any other cause whatsoever, except what are to be paid for their ships, vessels or goods according to the Laws and Customs received in each Country, agreeable to the Stipulations in this Treaty; and moreover they shall have free leave and permission without any kind of hindrance or molestation to remove themselves; also if they shall happen to be married, their Wives, and Children, if they have any; and their Servants if they are willing to go with their masters, together with their merchandizes, wares, goods, and effects either bought or imported, whensoever and whithersoever they shall think fit, out of the bounds of each Country, by land or by Sea, on the rivers and fresh Waters, notwithstanding any law, privilege, grant, immunity or custom in any wise importing the contrary.
In the business of religion there shall be an entire liberty allowed to the Subjects of each of the Confederates, as also if they are married, to their Wives and Children, neither shall they be compelled to go to the Churches, or to be present at the Religious Worship in any other place. On the Contrary they may without any kind of molestation perform their religious exercises after their own way in Churches, Chapels or houses with open doors; moreover, liberty shall be granted to bury the Subjects of either party, who die in the territories of the other in convenient and decent places, to be appointed for that purpose as occasion shall require; neither shall the dead bodies of those that are buried, be anyways molested.
Furthermore it is agreed and Concluded as a general rule that all and singular the Subjects of their said High Mightinesses the Seven United Provinces of Holland, and of the said United States of America in all Countries and places subject to their power on either side, as to all duties impositions or customs whatsoever, concerning goods, merchandizes, persons, ships, vessels, freights, seamen, navigation and Commerce, shall use and enjoy the same privileges, liberties, and immunities at least and have the like favor in all things as well in the
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Courts of Justice as in all such things as relate either to commerce or any other right whatever, which any foreign nation, the most favored has, uses and enjoys or may hereafter have, use and enjoy.
Their High Mightinesses the States of the Seven United Provinces of Holland shall endeavour by all the means in their power to protect and defend all vessels and other effects belonging to the Subjects, people or Inhabitants of the said United States of America, or any of them, being in their ports, havens, or roads or on the seas near to their Countries, islands, cities or towns, and to recover and cause to be restored to the right owners, their agents or attorneys all such vessels and effects, which shall be taken within their Jurisdiction; and their ships of War or any Convoys sailing under their authority, shall upon all occasions take under their protection, all vessels belonging to the Subjects, people or Inhabitants of the said United States of America, or any of them, or holding the same course or going the same way, and shall defend such vessels as long as they hold the same course or go the same way, against all attacks, force and violence in the same manner as they ought to protect and defend vessels belonging to the Subjects of their said High Mightinesses the States of the Seven United Provinces of Holland.
In like manner the said United States of America and their ships of War, sailing under their authority, shall protect and defend. comformable to the tenor of the preceding article all the vessels and effects belonging to the Subjects of the said Seven United Provinces of Holland, and use all their endeavours to recover and cause to be restored to their right owners, the said vessels and effects, that shall have been taken within the Jurisdiction of the said United States of America or any of them.
Their High Mightinesses the States of the Seven United Provinces of Holland will employ their good offices and interposition with the King or Emperor of Morocco or Fez, the Regency of Algiers, Tunis or Tripoli, or with any of them, and also with every other prince, State or power on the Coast of Barbary in Africa, and the Subjects
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of the said King, emperor, States and powers and each of them; in order to provide as fully and efficaciously as possible for the benefit, Conveniency and safety of the said United States and each of them, their Subjects, people and inhabitants, and their vessels and effects, against all violence, insult, attacks or depredations, on the part of the said princes or States of Barbary or their Subjects.
It shall be lawful and free for merchants and others being Subjects either of the said Seven United Provinces of Holland or of the said United States of America, by Will or any other disposition made either during the time of sickness or at any other time before or at the point of death, to devise or give away to such person or persons as to them shall seem good their effects, merchandizes, money, debts or goods, moveable or immoveable which they have or ought to have at the time of their death or at any time before within the Countries, islands, cities, towns or dominions belonging to either of the said contracting parties. Moreover, whether they die having made their will, or intestate, their lawful Heirs, Executors or administrators, residing in the Dominions of either of the contracting parties, or coming from any other part, altho' they be not naturalized and without having the effect of this concession contested or impeded under pretext of any rights or prerogatives of provinces, cities or private persons, shall freely and quietly receive and take possession of all the said goods and effects whatsoever according to the laws of each Country respectively; in such manner however, that the Wills and right of entering upon the inheritances of persons dying intestate must be proved according to law in those places where each person may happen to die as well by the Subjects of one as of the other contracting party, any law, Statute, edict, custom, ordinance, Droit D'Aubaine or any other right whatsoever notwithstanding.
The goods and Estates of the people and Subjects of the one contracting party that shall die in the Countries, islands, lands, cities or towns of the other shall be preserved for the Lawful heirs and Successors of the deceased, the right of any third person always reserved, and such goods and effects together with the papers, writings and books of accounts of such deceased person, shall be put into an Inventory by
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the Consul or other public minister of such party whose Subject has so died, and put into the hands of two or three reputable merchants that shall be named by such consul or public minister, to be kept for the heirs, executors, administrators or creditors of the deceased: nor shall any Judicatory whatever intermeddle therein until applied to according to the forms of Law by such heir, executor, administrator or Creditor.
It shall be lawful and free for the subjects of each Party to employ such advocates, attornies, notaries, solicitors or factors as they shall think fit: to which end the said advocates and others above mentioned may be appointed by the ordinary Judges, if it be needful, and the Judges be thereunto required.
Merchants, masters of ships, owners, mariners, men of all kinds, ships and vessels and all merchandizes and goods in general and effects of one of the Confederates or of the Subjects thereof, shall not on any public or private account by virtue of any general or special edict, be seized or detained in any of the Countries, lands, islands, cities, towns, ports, havens, shores or dominions whatsoever of the other Confederate for public use, for warlike expeditions, or for any other cause, much less for the private use of any one, shall they be detained by arrests, compelled by violence or under any Color thereof, or in any wise molested or injured.
Moreover, it shall be unlawful for the subjects of either party to take any thing or to extort it by force from the subjects of the other party without the consent of the person to whom it belongs and it be paid for with ready money, which however is not to be understood of that detention and seizure which shall be made by the command and authority of Justice and by the ordinary methods on account of debt or crimes in respect whereof the proceedings must be by way of law according to the forms of Justice.
It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships and others Subjects of their High Mightinesses the States of the Seven United Provinces of Holland in
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all places subject to the dominion and Jurisdiction of the said United States of America to manage their own business themselves or to employ whomsoever they please to manage it for them, nor shall they be obliged to make use of any interpreter or broker, nor to pay any salary or fees unless they chuse to make use of them: Moreover masters of ships, shall not be obliged in loading or unloading their ships to make use of those workmen that may be appointed by public authority for that purpose; but it shall be entirely free for them to load or unload their ships by themselves or to make use of such persons in loading or unloading the same as they shall think fit without paying any fees or salary to any other whomsoever: neither shall they be forced to unload any sort of merchandizes, either into other ships, or to receive them into their own, or to wait for their being loaded longer than they please, and all and every the subjects, people and Inhabitants of the said United States of America shall reciprocally have and enjoy the same privileges and liberties in all places whatsoever subject to the dominion and Jurisdiction of their High Mightinesses the Seven United Provinces of Holland.
A dispute arising between any commander of the ships on either side and his seamen in any Port of the other Party concerning Wages due to the said seamen, or other civil causes, the magistrate of the place shall require no more from the person accused than that he give to the accuser a declaration in Writing, witnessed by the magistrate, whereby he shall be bound to answer that matter before a Competent Judge in his own Country; which being done it shall not be lawful for the seamen to desert the ship or to hinder the Commander from prosecuting his voyage. It moreover shall be lawful for the merchants on both sides, in the places of their abode or elsewhere to keep books of their accounts and affairs in any language or manner and on any paper they shall think fit, and to have an intercourse of letters in such language or idiom as they shall please without any search or molestation whatever: but if it should happen to be necessary for them to produce their books of accounts for deciding any dispute or controversy, in such case they shall bring into court the entire books or writings, but so as that the Judge, or any other person may not have liberty to inspect any other articles in the said books, than such as shall be necessary to verify and authenticate the matter in question,
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or such as shall be necessary to give credit to the said books: neither shall it be lawful, under any pretence to take the said books or writings forcibly out of the hands of the owners, or to retain them, the case of bankruptcy only excepted.
The merchant ships of either of the parties which shall be making into a port of the other party, and concerning whose voyage and the species of goods on board her, there shall be any just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the Ports and havens not only her passports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband.
If by exhibiting the above said certificates mentioning the particulars of the things on board, the other party should discover there are any of those sorts of goods which are prohibited and declared contraband by this Treaty, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship or to open any chest, coffer, pack, cask or any other vessel or package found therein, or to remove the smallest parcel of the goods whether such ship belongs to the Subjects of their High Mightinesses the States of the Seven United Provinces of Holland, or to the Subjects or inhabitants of the said United States of America, unless the Loading be brought on shore in presence of the officers of the Court of Admiralty, and an Inventory thereof made: but there shall be no allowance to sell, exchange or alienate the same in any manner, untill after that due and lawful process shall have been had against such prohibited goods, and the Court of Admiralty respectively shall by a sentence pronounced have confiscated the same; saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated as lawful prize: but if not the whole cargo, but only part thereof shall consist of prohibited or Contraband goods, and the Commander of the ship shall be ready and willing to deliver them to the Captor who has discovered them, in such case the Captor having received those goods shall forthwith discharge the ship, and not
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hinder her by any means from freely prosecuting the voyage on which she was bound; but in case the Contraband merchandize cannot be all received on Board the vessel of the Captor, then the Captor may; notwithstanding the offer of delivering him the Contraband goods, carry the vessel into the nearest port agreeable to what is above directed.
On the Contrary it is agreed that whatever shall be found to be laden by the Subjects, people or inhabitants of either party on any ship belonging to the Enemy of the other or to their Subjects, the whole, altho' it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the Enemy himself, except such goods and merchandizes as were put on board the ships before the declaration of War, or even after such declaration; if it so be that it was done without knowledge of such declaration, so that the goods of the Subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which as aforesaid were put on board any ship belonging to an Enemy before the War or after the declaration of the same without knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored, without delay to the proprietors demanding the same; but so as that if the said merchandizes be Contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the Enemy.
The two Contracting parties agree, that the term of six months being elapsed after the declaration of War, their respective Subjects, people and inhabitants, from whatever part of the World they Come shall not plead the ignorance mentioned in this article.
And that more effectual care may be taken for the security of the Subjects and people of either party that they do not suffer any injury by the Men of War or Privateers of the other party, all the Commanders of the Ships of War and the armed vessels of the said States of the Seven United Provinces of Holland and of the said United States of America, and all their Subjects and people, shall be forbid doing any injury or damage to the other side: and if they act to the Contrary, they shall be punished and shall moreover be bound to make satisfaction for all matter of damage and the Interest thereof by reparation, under the pain and obligation of their person and goods.
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All ships and Merchandizes of whatever nature soever which shall be restored 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.
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 shew. 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.
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 ship-wrecked 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 his own Country.
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
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other urgent necessity for seeking of 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 hindrance.
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 the Countries, cities and towns where they may happen to reside, in which time they themselves, may retire together with all their families, goods merchandizes and effects and carry them withersoever they shall please as likewise at the same time the selling and disposing of their goods, both moveable and immovable shall be allowed them freely and without any disturbance; and in the mean time their goods, effects, wares and merchandizes, and particularly their persons shall not be detained or troubled by arrest or seizure, but rather in the mean time 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 entrusted as well to the public as to private persons; and if any thing 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.
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 property of 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.
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It shall not be lawful for any foreign privateers not belonging the Subjects of their high Mightinesses the State of the Seven United Provinces, 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, merchandizes 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.
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 and liberty and security: no distinction being made who are the proprietors of the merchandize laden therein from any port to the places of those who now are or hereafter shall be at enmity with the said States of the Seven United Provinces of Holland or the said United States of America. It shall also be lawful for the Subjects and Citizens aforesaid to sail with the ships and merchandizes 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 to another 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 shalt 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 actual service of the Enemies.
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This Liberty of Navigation and Commerce shall extend to all kinds of merchandizes 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 fusees, and other things belonging to them, fire-balls, gunpowder, match, cannon-ball, pikes, swords, lances, spears, halberts, mortars, petards, granades, salt-petre, muskets, musket ball, helmets, head pieces, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers musket-rests, belts, horses, with their furniture and all other war-like instruments whatever. These merchandizes which follow shall not be reckoned among Contraband or prohibited goods; that is to say, all sorts of Cloths, 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 smoaked flesh, salted fish, Cheese and butter, beer, oils, wines, cyder, sugars, syrups 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, sails, sail-cloth, anchors, and any parts of anchors, also ship masts, planks, boards and beams of what trees so ever--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 merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of Contraband goods, so that they may be transported and Carried in the freeest manner, by the Subjects and Citizens of both Confederates even to places belonging to an Enemy, such towns or places being only excepted as are at that time besieged, blocked up or invested.
To the end that all manner of dissention and quarrels may be avoided and prevented on both sides, it is agreed that in case either of the
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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 and 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 so.
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.
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 aboard 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
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or Commander of such ship or vessel shall exhibit her 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 shewn 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.
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 or search shall be made beforehand, and all prohibited goods shall be stop'd 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 exhibited, 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.
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 chuses to make such appointment.
Form of the passport to be given to ships or vessels conformable to the
30th Article of this treaty
To all who shall see these presents: Greeting,
Be it known that leave and permission are hereby given tomaster and commander of the ship or vessel calledof theof burdentons or thereabouts, lying at present in the port or haven of, bound for, and laden with, to depart and proceed with his 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.
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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, at, thisday of, in the year of our Lord Christ.
Form of the Certificate to be given to ships or vessels conformable to
the 30th Article of this Treaty.
WeMagistrates (or officers of the customs) of the port or haven ofdo certify and attest that on theday ofin the year of our Lord, C. D. ofpersonally appeared before us and declared by solemn oath that the ship or vessel calledoftons or thereabouts; whereofofis at present master and Commanders does rightfully and properly belong to him (or to him andSubject (or Subjects) of) and to him (or them) only: That she is now bound from the port or haven ofto the port ofladen with goods and merchandizes hereunder particularly described and enumerated as follows.
In Witness whereof we have signed this certificate and sealed it with the seal of our office thisday ofin the year of our Lord Christ
This is a rough plan of a treaty of Commerce, which in consequence of the appointment and instructions of the Honorable Mr. Engelbert Francis Van Berkel, 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, Esquire, 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 North America.
This done at Aix la Chapelle the 4th of September, 1778.
(Signed) John De Neufville.
A true Copy
Certified by me
Saml. W. Stockton Secrety.1
[Note 1: 1 This paper is in the Papers of the Continental Congress, No. 47, folio 175.]
Ordered, That the same be referred to the committee on the letters lately received from A. Lee.
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In pursuance of the powers in him vested, Mr. [Thomas] McKean, a delegate of the State of Delaware, signed and ratified the Articles of Confederation in behalf of that State.
The Committee of Commerce communicated to Congress a letter from W. Bingham, by which it appears that he has shipped on board the Revenge, cutter, 50 chests of arms:
Ordered, That the Board of War give directions to have the arms which are arrived in the Revenge, cutter, Captain Cunningham, examined and send by the safest and most speedy conveyance to South Carolina such of them as are fit for service.
Adjourned to 10 o'Clock to Morrow.
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