TO CHARLES THOMSON.
Paris, December 18th, 1777.
Sir,
Enclosed is a copy of what I did myself the honor of writing to you, by the Independence, Captain Young. Be pleased to inform the honorable Congress, that, upon application being made to his PrussianMajesty, he has prevented the Hesse and Hanau recruits, for reinforcing the British army in America, from passing through his territories on the Rhine, which has kept those troops still in Germany, who otherwise would, by this time, have been on their voyage to America, and it is now doubtful whether they will ever be permitted to go. Our friends at Court here are of opinion, that it will be better for me to visit the Court of Vienna first, as it may be of use to strengthen and unite all the branches of the family compact, in the measures they have determined to take here in our favor; therefore, as soon as the ceremony (which is a pretty essential one) ofsigningandsealinghas taken place, I shall set out for Vienna, as it is thought most advisable to wait till something decisive is absolutely concluded with the Court of Versailles, because onthatmust be grounded my operations at Vienna and Berlin.
With respect to the latter, trade must be the principal object, though the friendship of the king of Prussia will be of use to keep Russia quiet, and to prevent Great Britain from getting any material aid from that quarter in case of an European war, while she is mad enough to continue the war with America. Nothing material relative to commerce can be effected in the north till late in the spring, because their ports are all frozen up during the winter. His Prussian Majesty seems well disposed to our cause, and I trust will give us every encouragement in time that we can wish; but in a country where there is very little foreign commerce, it must be raised gradually and by experimental conviction of its benefits. To me it seems evident, that the commerce between America and the Prussian dominions must be considerable, because the natural productions of the formerwill come to as good a market in the latter, as almost any part of Europe; those from the latter are what we have been heretofore obliged to get from England. I shall omit no safe opportunity of informing Congress of my proceedings, and with due consideration and regard,
I am, Sir, &c.
WILLIAM LEE.
TO CHARLES THOMSON.
Paris, January 2d, 1778.
Sir,
I had the honor of writing to you by the Independence, Captain Young, a copy of which went since.
It is with infinite pleasure, that I congratulate Congress and America on the favorable change in our affairs in Europe, since advice was received of the noble and spirited exertions of the northern army and militia, in making General Burgoyne and his army prisoners. The purport of the last and present despatches from the Commissioners at the Court of Versailles, will show how pleasing and encouraging the prospect before us is in this country at the present moment.
I must beg you to lay before Congress, that though we had received repeated assurances from the king of Prussia of his good wishes for our success, and indeed had experienced his operations in our favor, by his forbidding his officers to permit the Hesse and Hanau recruits for the British army in America to pass down the Rhine, yet, since the late advices, his prime Minister writes more decidedly than before, for he says, “I can assure you, Sir, his Majesty will not be the last power to acknowledge the independence of the Americans, but you must be sensible it is not natural for him to begin it; and that at least France, whose political and commercial interests are more immediately connected with yours, should set the example.”
From this, I conclude, that as soon as France has entered into a treaty with you, the king of Prussia will not hesitate to do the same. This shows, that my former opinion was well founded when I observed to you, that it was probable, most if not all the European powers would follow the example of France and Spain, in acknowledging the independence of America. I have so far been able to prevail with the Emperor, by negotiations with his Minister, as to get his Imperial Highness to discountenance the practice of the German princes hiring their troops to Great Britain, for the purposes of the American war. I have been waiting some time for the conclusion of certain affairs here, on which I presume the Commissioners at this Court will write fully. When they are clearly decided, signed, and sealed, I shall then immediately set out for Vienna, where it is thought my first visit will be most proper and beneficial, and then I shall proceed to Prussia, where I can venture to assure Congress, that American merchant ships will be now freely admitted for commerce.
Emden is a convenient port, where many American articles will come to a fine market, such as tobacco, furs, rice, and indigo, of that quality which is most like the St Domingo kind. The returns in woollens, linens, naval stores, arms, and ammunition, will be greatly beneficial to America. I shall, by all safe opportunities, regularly inform Congress of my proceedings, continuing to address my letters to you until I have other directions, having not received any instructions on that head as yet. It will certainly be of great useto keep me regularly advised, and as early as possible, of all the material occurrences in America. I cannot omit to mention it as my opinion, that let the events in Europe be what they will, you ought to prepare for another vigorous campaign, in which, if Great Britain is foiled, you may assuredly compute on the war being at an end. I have the pleasure to inform Congress, that from the best intelligence, I learn that Great Britain has hitherto been very unsuccessful in her attempts to hire fresh German troops for the American war, but the diligence of the Ministry is greatly increased in endeavoring, by every artifice and allurement, to raise men in England, Scotland, and among the Roman Catholics in Ireland. I am inclined to think, that even there they will find themselves a good deal disappointed; but a few weeks will show their chance of success with certainty. At all events, the troops they raise will be raw men, and not able to encounter your veterans, aided by a well disciplined and spirited militia. The plan of the next campaign is, I believe, as yet to be settled; the earliest information I can get on that head, which is to be depended on, shall be immediately transmitted to Congress.
I am, with all due regard, &c.
WILLIAM LEE.
TO THE PRESIDENT OF CONGRESS.
Paris, January 22d, 1778.
Sir,
Be so good as to inform Congress, that I have communicated to them, by several letters addressed to Charles Thomson their secretary, my proceedings hitherto, in consequence of their appointing me theirCommissioner at the Courts of Vienna and Berlin. I am now to add, that having lately had a conference with the Imperial Ambassador at this Court, he observed immediately an imperfection in my commission, as it only authorises me to treat with the Emperor of Germany, and not with his mother, who is the reigning and sovereign Prince over all the Austrian dominions, as well in Germany and Flanders as elsewhere.
She is extremely jealous of her power and authority, not permitting her son to interfere in any manner in the government of her dominions. Her title is, “The Most Serene and Most Potent Princess Maria Theresa, Queen of Hungary and Bohemia, Arch Duchess of Austria, &c. &c.” The Emperor, her son, though heir to her dominions, is at present only Commander in Chief of his mother’s army, and as Emperor is the head of the German empire. I therefore beg leave to submit to Congress, whether it may not be proper to send another commission to treat with the Queen of Hungary, &c. since, in fact, there are two Courts to negotiate with, though they both reside in the same city, viz. with the Emperor, so far as relates to the German empire, such as obstructing Great Britain from procuring German troops to send to America; and with his mother, for the purposes of commerce with the Austrian dominions, &c. &c.
There is every reason to believe, that our affairs will be finally settled here, and the compact signed and sealed in a few days, after which I shall immediately set off for Vienna, since from that quarter we have most to apprehend, as there has been always a particular intimacy between that Court and the Court of London, at least for the present century, which has not been interrupted but during the last war with France.
Notwithstanding the promising appearance of things at present, I cannot forbear giving it as my opinion, that every possible exertion should be made to prepare for a vigorous campaign next summer.
I am with sincere esteem, &c.
WILLIAM LEE.
TO THE PRESIDENT OF CONGRESS.
Paris, February 28th, 1778.
Sir,
The unexpected return of Mr Simeon Deane gives me the opportunity of enclosing you a copy of my last, which went by an express from Spain, to which be pleased to refer. I should before this have set off for Vienna, but the Commissioners at this Court have not yet found time to examine the papers relative to the commercial concerns of Congress, taken from the private papers of the late Mr Thomas Morris, as Mr Deane’s card of this date (a copy of which is enclosed) will show. As soon as that business is finished, I shall immediately set out to execute your commands in Germany, where, I am sorry to inform you, there are now appearances of an approaching rupture between the Emperor and King of Prussia, relative to the possession of the late Elector of Bavaria’s estates. The Elector Palatine, who is the rightful heir, has agreed by treaty, signed the 12th ult. between him and the Emperor, on the division of the Bavarian estates, but the King of Prussia is not satisfied, because he has not a share; he has therefore commenced a negotiation with Great Britain, and the Princes in Germany, to support his pretensions to some parts of Germany,founded on claims of right that go several generations back. Great Britain, you may be sure, will instigate him to go on, because if war ensues, France will probably take part with the emperor, which will render their meditated attack on her more likely to succeed; but I still hope peace will be maintained by negotiation in that quarter.
The British ministry are now fairly pushed to the wall; after exerting every effort to procure men for the ensuing campaign, both at home and abroad, and finding it impracticable any where, so odious are they and their measures, they have recourse to acts of Parliament, which are so presumptuous and treacherous, that it is hardly possible to say in which they excel. You will have the two bills by this conveyance, which are too plain to be misunderstood by any one who knows the framers; therefore, I shall only observe, that by the first therightof taxing you is explicitly enacted, though suspended for the present, which is going something further than the declaratory act, for by that the right of taxation was only implied. By the second bill, the Commissioners are vested with full powers to do all possible mischief to you, and no possible good, until it is confirmed by Parliament. Under these circumstances I do not well see how any treaty can be commenced, nor perhaps will it be prudent, in the moment of their weakness and distress, to agree to a cessation of hostilities by land, unless your enemies will remove all their troops to Europe.
The situation of Spain, her millions being yet on the sea, and the circumstances in Germany beforementioned, I believe induce this Court still to continue the injunctions of secrecy relative to the treaties; but if war is not declared before, I do not see how it canbe avoided as soon as you publish them, which I suppose will be done as soon as they come to hand, or at least such parts as will announce the fact to the world in such a manner that it cannot be doubted.
The number of French troops that are now on the coast, in Brittany and Normandy, with the powerful naval preparations both in this country and Spain, would effectually prevent Great Britain from sending any more troops to America this year, even if she could get them.
I have the honor to be, &c.
WILLIAM LEE.
Mr Deane presents his compliments to Mr Lee. As tomorrow is fixed by the minister for sending off the despatches, it will be impossible for him to attend the examination of Mr Morris’s papers before his brother sets off. As Mr Deane had the honor of mentioning before, it shall be his first business after the despatches are gone.Saturday Morning.
Mr Deane presents his compliments to Mr Lee. As tomorrow is fixed by the minister for sending off the despatches, it will be impossible for him to attend the examination of Mr Morris’s papers before his brother sets off. As Mr Deane had the honor of mentioning before, it shall be his first business after the despatches are gone.
Saturday Morning.
TO THE PRESIDENT OF CONGRESS.
Paris, March 23d, 1778.
Sir,
To the enclosed copy of my last be pleased to refer. I have the pleasing satisfaction of congratulating you and my country on the independency of the thirteen United States of America being now openly acknowledged by the Court of France, which must soon put a glorious end to all our troubles. About fourteen days ago the French Minister in London formally avowed to the British Ministry the treaty, which His Most Christian Majesty had made with you, andon the 20th inst your Commissioners were, in form, introduced to the King and his Ministers at Versailles, as the representatives of a sovereign State, and on Sunday last they were introduced to the Queen and all the royal family.
The British Ministry, as usual, have blustered a good deal, but have not ventured to declare war, that we know of. If they do, our business may the sooner and better be finished. I set off tomorrow for Germany, where the prospect of a war between Austria and Prussia seems to thicken, although this Court uses all its influence to prevent one, and has explicitly declared to both parties, that she will not in any manner aid or assist either side, as she is determined to exert all her force in supporting her new alliance with the States of America. I have already claimed the King of Prussia’s promise to acknowledge our independence as soon as France has done so; his answer I shall meet in Germany, and as far as one can judge at present, there is a greater probability of my being sooner openly received at Berlin than at Vienna, but on this head, and at this critical moment, it is impossible for any man in the world to form a decisive opinion, because the issue will depend on events that are yet in the womb of time; therefore, all that is in prudence for me to do is, on the spot to seize the first opening that is made on either side in our favor; and I shall take care to give you the earliest intelligence of every thing material, that occurs in my department.
I have the honor to remain, &c.
WILLIAM LEE.
THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM LEE.
York, May 14th, 1778.
Sir,
Your favors of November 24th and December 18th, reached us only the 2d of this month, with the letters of our other friends at Paris, from whom we had not received a regular packet for eleven months. You will readily conceive how much we have wished to hear from you, and how very agreeable your information would have been at an earlier period. It is evident, that you were yourself in a degree of doubt as to the conduct of France, even after the conference of our Commissioners in December; you will, therefore, be naturally led to give us due credit for the resolute manner, in which we proceeded upon the two draughts of bills which the British Ministry had hurried over to America. Be assured we were unacquainted with the spirit of the French Court. The decisive part it has taken was really unexpected, judging from the accounts we had collected from travellers. The dates of the papers herewith sent will enable you to put this matter in a clear point of view.
The turn of affairs in Europe will make it needless for us to attempt the finesse of recruiting in Germany, which you hint at, and which would have a good effect in case of necessity. Mr Arthur Lee’s letters make it quite probable, that your commission will prove successful at Berlin, and there appears the best agreement between the King of Prussia and the Emperor.
The enclosed Resolve of Congress, of the 7th instant, will show their intentions with regard to your support, which was not properlyattended to when your commission was made out.[53]
Other papers herewith sent will give you a general idea of our situation. You may be assured that independence is firmly adopted by the States; and the unanimity of Congress is truly emblematic of all America. Nova Scotia has long ago expressed its wishes to be adopted by us, and now afresh solicits. Canada will be greatly affected by the news of our alliance with its former parent State. In short, Sir, every thing which could be added to our own determination of being free and independent, is insured by this eclaircissement of the Court of Versailles. Our army is growing daily, so that if we are to negotiate with Britain we shall do it in a proper posture. There are some reports of her drawing away her troops, that she may with a better grace enter into parley. But this must be done without disguise, or no treaty can be held; for surely no one can suppose, that we shall now give up a point, which we had made a preliminary, before we knew what powerful friendship was secured to us in Europe.
The powers which had been given to our Commissioners in France, and our great anxiety to keep perfect faith in treaties, induced a caution with regard to the powers given in after appointments, which is now become unnecessary. Perfect equality being the basis of our present treaties, without any exclusive privileges to France, there can be no chance of discontent from the conclusion of similar treaties with other powers of Europe; therefore, we shall doubtless soon forward to you more full powers than were sent with your commission. As you seem to think it may be advantageous to have a cypher for correspondence, we would propose the same which has been mentioned to Dr Franklin formerly by Mr Lovell, and this is the rather chosen, because it may serve between the doctor and you or any number of your friends, taking a different key-word for each.
We are, with great regard, &c.
R. H. LEE,JAMES LOVELL,ROBERT MORRIS.
P. S.You are to have a plenipotentiary commission with instructions,notlimiting the term of the proposed treaties of amity and commerce.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Paris, September 12th, 1778.
Gentlemen,
I have just arrived here from Germany, and finding the bearer of this about to set off in a few hours, I cannot omit saying a word or two, though it will be impossible to be so full as I could wish. I wrote to the President of Congressfrom Vienna the 30th of May last,[54]which was forwarded from hence, to which be pleased to refer; since then I have received your first and only letter, dated from Yorktown the 14th of May last, wherein you acknowledge the receipt of mine of the 24th November and the 18th of December; but I am surprised at your not receiving also two other letters from me, dated the 28th of February and 23d of March last, which were sent by Mr Simeon Deane, and addressed to the President of Congress.
Since my last of the 30th of May, when the war broke out between the Emperor and the King of Prussia, on consultation with the French Ambassador at Vienna, it was agreed to be most advisable for me to retire to Frankfort, and wait there until the several powers in Germany and the rest of Europe had taken a decided line in this war, when we might be able to direct our operations to the most advantage for America, since it was evident, that neither the Court of Vienna, nor that of Berlin could, in their critical situation, take an open part with us, for fear of throwing Hanover, with a body of thirty thousand men, into the scale of the adversary, especially too as France had declared a neutrality, on the urgent application of the House of Austria for aid, under the treaties subsisting between them and France; to which however France replies with truth, that the case does not exist as specified in the treaty, which obliges them to aid the House of Austria. The two mighty powers have been in the field opposed to each other ever since the beginning of July, when the King of Prussia entered Bohemia with his army, but no battle has yet been given, or anything material passed on either side. There have been perpetual skirmishes between the foraging parties and advanced posts, which on the whole seem rather in favor of the Prussians. In thecourse of the winter or spring, we hope things will take such a turn as to enable me to operate to advantage with one or the other of the parties, but at present I think you may be assured, that such measures have been taken as will effectually prevent our enemies from obtaining any further aid from any part of Europe, if they should continue the war against us another year, which I can hardly expect they will do, for I am informed, and have reason to believe my information true, that orders have been already sent to their Commissioners in America to acknowledge our independence, if nothing else will answer, in order to commence a treaty and make a peace.
After my arrival at Frankfort, finding an opportunity offered to me of negotiating a Treaty of Commerce with the United States of Holland and West Friesland, I embraced it, and have proceeded so far as to agree on the draught of a treaty, with the regular representative of the Pensionary and Burgomasters of the city of Amsterdam, of which I have not time to send you a copy by this conveyance, but I am sure you would approve of it, as it contains all the substantially advantageous articles of the commercial treaty with France, and some beneficial and agreeable additions.
So far, the business has been conducted on both sides with great secrecy, which is absolutely necessary in order to procure final success with the United States here, for though the city of Amsterdam and the States of Holland pay, it is supposed, about five sixths of the whole taxes for the support of the government, which consequently gives them very powerful weight and influence, yet they have no power, by their constitution, of entering into such a treaty, withoutthe concurrence of the other United States, in some of which the Prince of Orange has an over due influence, and all the world knows his blood connexions with the king of England, as well as that he has the same designs against his country, that have been attempted to be carried into execution against us, and which he hopes to succeed in by the aid of his cousin of England, with whom he is in the strictest intimacy. This renders secrecy of the last importance, until the patriots in Holland have secured success, before the business is agitated in the General Assembly of the States, where it must come, to have full authority.
Here I find myself embarrassed, because I have no power to sign such a treaty, and I know not how to determine as yet about communicating it, in the present situation of things, to those who have a power to sign it in your name, because it is well known that some of the most important negotiations and proceedings here, relative to your affairs, have sometime past been very speedily communicated in England, and I have not yet been able to learn that the old channel is stopped. I shall, however, proceed in the manner, that shall on the maturest reflection appear the best to forward the wishes of Congress, and advance the prosperity of our country.
In a week or ten days I shall return to my station in Germany, and watch with careful attention over my charge there, and when any thing material occurs you shall be duly advised.
I have the honor to be, &c.
WILLIAM LEE.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Frankfort, October 15th, 1778.
Gentlemen,
I have the honor of forwarding to you herewith a third copy of a plan of a treaty of amity and commerce, between the Seven United Provinces of the Netherlands and the United States of America, which you will perceive was settled by M. de Neufville, as the representative of Mr Van Berckel, Counsellor Pensionary of the city of Amsterdam, and myself. The Burgomasters of Amsterdam had authorised Mr Van Berckel to treat in this business in their name, and the Pensionary regularly authorised M. de Neufville, a capital merchant of Amsterdam, to treat with me. I forwarded two copies of this plan from Paris last month, where I went to communicate what had been done to the Commissioners there, as I did not think myself authorised to proceed any further alone.[55]They were fully informed by me of the state of politics in Holland, and that a great deal of management and secrecy in the present stage of the business would be requisite to complete it successfully, because the English party having the Prince of Orange at its head is very powerful, and might effectually obstruct the progress, if the negotiation comes to their knowledge before the Pensionary and Burgomasters have made sure of carrying the point in the Assembly of the States-General.
The further progress in this business your Commissioners at Paris will no doubt communicate to you. However, it appears to me of noinconsiderable importance, that I have obtained from the Pensionary an engagement, that the States-General shall not take any measures that may be injurious to the United States of America, provided America shall not take any measures injurious to Holland. This engagement the Pensionary is alone capable of complying with, because his single negative is sufficient to prevent the States-General from entering into any such measures, and consequently the States will be prevented from giving any aid to Great Britain against our good ally, France.
I have so often given you a full account of the situation of affairs in this quarter of the world, that I have little to add on that subject. Though the king of Prussia was prevented, by the critical situation of politics here, from complying with the promise he had made of acknowledging our independence as soon as France had done so, I thought it proper to write to his Minister to know whether our privateers and armed vessels would be permitted to enter and refit in the Prussian ports; to which he replied, that his Majesty’s absence from Berlin, and his continual application to the great object in which he is engaged, prevents him from being able at present to make me a favorable reply, but he hopes that circumstances will soon enable them to make us more advantageous proposals than they have already done.
The campaign is ended for this year, and nothing material has passed. There are some politicians who think the winter negotiations will produce peace, and if they do, I think the king of Prussia will not then hesitate to enter into a treaty with us. As to the Court of Vienna, you know my commission only authorised me to treat with the Emperor, who has been since the beginning of April with his armies inBohemia; however, while I was at that Court our affairs could not be advanced there, because both the Emperor and the King of Prussia stand in the same predicament with respect to Hanover, which has now increased its army to near thirty thousand men. The Emperor wishes to keep Hanover neuter, and the King is exerting all his political abilities to have the Hanoverian army active on his side. This winter will, it is generally believed, decide the part that Hanover will take if the war continues in Germany, in which case the opposite party will soon join issue with us; in the meantime, we must have patience, as at present neither side can in prudence enter into any measures with us, unless France makes a point of it.
With the advice of the French Ambassador at Vienna I shall remain here, as being a central place for Germany, until we can see with more precision how to direct our future operations. I understood from his Excellency Count de Vergennes, when I saw him at Versailles last month, that he thought our business by and by would go forward at Vienna. As the Court of Versailles can at any time influence that of Vienna with respect to us, I presume some plan of that sort is now in agitation, of which I expect due information from his Excellency the Baron de Breteuil at Vienna; but I must remind you, that under my present commission, I have no authority to conclude, or even to treat of any thing with this Court. This I explained fully to you in my letters last winter, which you must have received.
I am, Gentlemen, with the highest esteem and regard, &c.
WILLIAM LEE.
PLAN OF A TREATY WITH HOLLAND.
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.
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 carefully avoiding all those burdensome 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.
ARTICLE I.
There shall be 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 thecountries, 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.
ARTICLE II.
The subjects of the 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 exceptions 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.
ARTICLE III.
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 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, and to and from any part of the world, which the said natives or inhabitants enjoy.
ARTICLE IV.
The subjects and people of each of the aforesaid confederates, and the inhabitants of countries, islands, cities, or towns belonging to either of the parties, shall have liberty freely and securely, without license 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 or pass through the same, and in the meantime 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.
ARTICLE V.
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 license to come with their ships or vessels, as also with the goods and merchandise on board the same, (the trade or importation whereof is 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 merchandise and goods where they think fit, from thefirst 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 merchandise are manufactured or sold. They may also lay up, and keep in their magazines or warehouses, and from thence expose to sale, merchandise or goods brought from other ports; neither shall they in any wise be obliged, unless willingly and of their own accord, to bring their said goods or merchandise to the marts or fairs; on this condition, however, that they shall not sell the same by retail or in shops, or anywhere 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 hinderance 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 merchandise, wares, goods, and effects, either bought or imported, whatsoever or 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.
ARTICLE VI.
In the business of religion, there shall be 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 inany 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 any ways molested.
ARTICLE VII.
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, merchandise, 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 courts of justice as in all such things as relate either to commerce, or to any other right whatever, which any foreign nation the most favored has, uses, and enjoys, or may hereafter have, use, and enjoy.
ARTICLE VIII.
Their High Mightinesses, the States of the Seven United Provinces of Holland, shall endeavor, by all means in their power, to protect and defend all vessels and the 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 tobe restored to the right owners, their agents, or attornies, 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.
ARTICLE IX.
In like manner, the said United States of America, and their ships of war sailing under their authority, shall protect and defend, conformable 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 endeavors 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.
ARTICLE X.
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 subjectsof the said King, Emperor, States, and Powers, and each of them, in order to provide as fully 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.
ARTICLE XI.
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, merchandise, money, debts, or goods, movable or immovable, 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, although they be not naturalised, 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; the wills and rights of entering upon the inheritances of persons dying intestate must be proved according to law, in those places where eachperson 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.
ARTICLE XII.
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 persons, shall be put into an inventory by 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 judiciary whatever inter-meddle therein, until applied to according to the forms of law by such heir, executor, administrator, or creditor.
ARTICLE XIII.
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.
ARTICLE XIV.
Merchants, masters of ships, owners, mariners, men of all kinds, ships and vessels, and all merchandise and goods in general, andeffects 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, and 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 anywise molested or injured. Moreover, it shall be unlawful for the subjects of either party to take anything, 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 of account of debt or crimes, in respect whereof, the proceedings must be by way of law, according to the forms of justice.
ARTICLE XV.
It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, in 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 them any salary or fees unless they choose 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 beappointed 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 merchandise, 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 States of the Seven United Provinces of Holland.
ARTICLE XVI.
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 forthem 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, 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.
ARTICLE XVII.
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 showing that her goods are not of the number of those, which have been prohibited as contraband.
ARTICLE XVIII.
If, by exhibiting the abovesaid 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 particle of the goods, whether such ship belongs to the subjects oftheir 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, until 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 hinder her by any means from freely prosecuting the voyage on which she was bound; but, in case the contraband merchandise 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.
ARTICLE XIX.
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, thewhole, although 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 merchandise 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 the 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 merchandise be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties, that the terms 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.
ARTICLE XX.
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 actto 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 persons and goods.
ARTICLE XXI.
All ships and merchandise of what nature soever, which shall be rescued 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.
ARTICLE XXII.
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 show. 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.
ARTICLE XXIII.
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 shipwrecked, 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 their own country.
ARTICLE XXIV.
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 other urgent necessity for seeking 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 hinderance.
ARTICLE XXV.
For the better promoting of commerce on both sides, it is agreed, that if a war should ever happen to break out between the saidcontracting parties, six months after the proclamation of war shall be allowed to the merchants, subjects, and people on either side, in countries, cities, and towns where they may happen to reside, in which time they themselves may retire, together with all their families, goods, merchandise and effects, and carry them whithersover they shall please, as likewise, at the same time, the selling and disposing of their goods, both movable and immovable, shall be allowed them freely and without any disturbance, and, in the meantime, their goods, effects, wares, and merchandise, and particularly their persons, shall not be detained or troubled by arrest or seizure, but rather in the meantime, 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, intrusted as well to the public as to private persons; and if anything 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.
ARTICLE XXVI.
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 subjects, people or inhabitants of the said United States, or 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.
ARTICLE XXVII.
It shall not be lawful for any foreign privateers, not belonging to the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, 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, merchandise, 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.
ARTICLE XXVIII.
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 of liberty and security; no distinction being made who are the proprietors of the merchandise laden therein, from any port to the places of those who now are or hereafter may or shall be at enmity with the said States of the Seven United Provinces of Holland, or the said United States of America. It shall be also lawful for the subjects and citizens aforesaid, to sail with the ships and merchandise 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 theplaces of the enemy aforementioned, to neutral places, but also from one 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 shall 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 the actual service of the enemies.
ARTICLE XXIX.
This liberty of navigation and commerce shall extend to all kinds of merchandise, 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 fusils, and other things belonging to them, fire balls, gunpowder, match, cannon balls, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, muskets, musket balls, helmets, headpieces, breastplates, coats of mail, and the like kinds of arms proper for arming soldiers, musket rests, belts, horses, with their furniture, and all other warlike instruments whatever. The merchandise which follows shall not be reckoned among contraband or prohibited goods, that is to say, all sorts of cloth, and all other manufactures made of wool, flax, hemp, silk, cotton, or any other materials whatever. All kinds of wearingapparel, 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 smoked flesh, salted fish, cheese and butter, beer, oils, wines, cider, sugars, syrup, 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, sail, sailcloths, anchors, and any parts of anchors; also ships’ masts, planks, boards, and beams of what trees soever, 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 merchandise and things, which are not comprehended or particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects and citizens of both confederates, even to places belonging to an enemy, such towns and places being only excepted as are at that time besieged, blocked up, or invested.
ARTICLE XXX.
To the end, that all manner of dissension and quarrels may be prevented and avoided on both sides, it is agreed, that in case either of the 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, or 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 it.
ARTICLE XXXI.
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.
ARTICLE XXXII.
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 on board 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 or commander of such ship or vessel shall exhibit his 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 shown, 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.
ARTICLE XXXIII.
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 and search shall be made beforehand, and all prohibited goods shall be stopped 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 prohibited, 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.
ARTICLE XXXIV.
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 commissioners of their own appointing, whose functions shall be regulated by particular agreement, whenever either party chooses to make such appointment.
This is a rough plan of a treaty of commerce, which, in consequence of the appointment and instructions of the Honorable Engelbert Francis Van Berckel, 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, 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 America.
This done at Aix la Chapelle, the 4th of September, 1778.
JOHN DE NEUFVILLE.