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moleft her, or search her in any manner, nor to give her chace, nor to force her to alter her course.
XXVII. It shall be lawful for merchants, captains, and commanders of vetsels, 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 services 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 subject for this to any fine, penalty, punishment, process, or reprehension whatsoever; and reciprocally, all merchants, captains and commanders, belonging to the faid United Netherlands, shall enjoy 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 the 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 fea; 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.
XXVIII. The affair of 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,
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 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 States General of the United Nether,
lands, 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 opposed thereto the seals of our arms. Done at the Hague the 8th of October, 1782. The form of the Passport which mall 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 permiffion are hereby given to
master and commander of the ship or vessel called of the burden of
tons, or thereabouts, lying at present in the port or haven of bound for
and laden with to depart and proceed with the 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 counterfigned by this day of
in the year of our Lord Christ
Form of the Certificates wbicb Mall be given to Ships or Vessels
in consequence of the 25th Article of this Treaty. We
magistrates or officers of the customs of the city or port of
do certify and atteft, that on the
in the year of our Lord C. D. of
personally appeared before us, and declared by folemn oath, that the ship or vessel called
of tons, or thereabouts, whereof of
is at present master or commander, does rightfully and properly 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 .
Form of the Sea Letter. Most Serene, Serene, Moft Puissant, Puissant, High, Illustrious, Noble, Honourable, Venerable, Wise and Prudent Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Counsellors, as also Judges, Officers, Justiciaries and Regents, of all the good cities and places, whether ecclefiastical or fecular, who shall see these patents, or hear them read: We, Burgomasters 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 lasts, which he at present navigates, is of the United Provinces, and that no subjects of the enemy have any part or portion therein, directly or 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 fhall arrive with his veffel 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 expences, in passing and repassing, to pass, navigate and frequent the ports, passes and territories, to the end, to tranfact the business where and in what manner he shall judge proper ; whereof we shall be willingly indebted.
In witness, and for eause whereof, we affix hereto the seal 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 vessels recaptured, was at the place and on the day above mentioned, concluded by the said Minister Plenipotentiary, on the part of these United States, with the said Plenipotentiaries on the part of the said Lords the States General of VOL. III.
the United Netherlands; and the same hath been this day approved and ratified by the United States in Congress assembled, 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 Vessels 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 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 commilfioned 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 therefore 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.
II. If the vessel recaptured has been more than twentyfour hours in the power of the enemy, she shall belong entirely to the privateer who has retaken her.
III. In case à veffel 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, The 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
fums shall be distributed in form of gratifications to the crews of the vessels which shall 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.
IV. The restitution of prizes, whether they may have been retaken by vessels of war or 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.
V. The vessels of war and privateers, of one and 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 prizes 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 conforinably to the customs 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.
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 vessels and privateers ought to hold in relation to the vefsels 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, figned these presents, and confirmed the same with the seal of our arms.
Done at the Hague, the 8th of October, 1782.
Now, therefore, to the end that the said treaty and convențion may, with all good faith, be performed and ob