A letter of the 8th of October, 1782, from the hon. J. Adams, was read, accompanied with a certified copy of a treaty of amity and commerce, and of a convention respecting re-captured vessels, agreed to between their high mightinesses the states general of the Netherlands, and the United States of America, on the said 8th day of October, 1782.

WEDNESDAY, January 22, 1783.

The form of a ratification being brought in and agreed to, the contract between his most Christian majesty and the United States of America, entered into on the 16th of July, 1782, was ratified.

THURSDAY, January 23, 1783.

On motion of Mr. Ellsworth, seconded by Mr. Hamilton,

Resolved, That the commissioner for settling the accounts of the commissary-general's department, be directed to reduce into specie value the whole of the purchases and expenditures of the late commissary-general, Joseph Trumbull, the value to be ascertained at the end of every month, and to estimate the commission on the said expenditures in specie, agreeable to the rates mentioned in the act of Congress of the 31st day of March, 1779.

On the report of a committee, consisting of Mr. Madison, Mr. Hamilton, and Mr. Ellsworth, to whom were referred the letter of the 8th of October, 1782, from the minister plenipotentiary at the Hague, with copies of a treaty of amity and commerce, and of a convention concerning vessels re-captured,

Resolved, That the said treaty of amity and commerce, and the said convention concerning vessels recaptured, between their high mightinesses the states general of the Netherlands, and the United States of America, dated at the Hague, the 8th day of October, 1782, be accepted and ratified, and that the forms of the ratifications be as follows:

Form of a Ratification for the Treaty of Amity and Commerce.

The United States of America in Congress assembled, to all who shall see these presents, greeting. Whereas by our commission, dated at Philadelphia, the 29th day of December, 1780, John Adams, formerly a delegate from Massachusetts, &c. was nominated and constituted our minister, with full powers on the part of the United States of America, to concert and conclude, with persons equally empowered on the part of their high mightinesses, the states general of the United Netherlands, a treaty of amity and commerce, having for its basis the most perfect equality, and for its object the mutual advantage of the parties, we promising, in good faith, to ratify whatever should be transacted by virtue of the said commission: and whereas our said minister, in pursuance of his full powers at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B. V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, plenipotentiaries, named for that purpose, on the part of their high mightinesses, the states general of the United Netherlands, did conclude and sign on the part of their high mightinesses, &c. and of the United States of America, a treaty of amity and commerce, in the words following, to wit: [Here insert the treaty.]

Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the said treaty, and every article and clause thereof: and we do authorize and direct our minister plenipotentiary at the Hague, to deliver this our act of ratification, in exchange for the ratification of the said treaty by their high mightinesses, the states general of the United Netherlands. In testimony whereof, we have caused our seal to be hereunto affixed.

Witness his excellency Elias Boudinot, president, this 23d day of January, 1783, and of our sovereignty and independence the 7th.

Form of a ratification for the Convention concerning re-captured vessels. The United States of America in Congress assembled, to all who shall see these presents, greeting. Whereas John Adams, our minister plenipotentiary, at the Hague, on the 8th day of October, 1782, with George Van Randwyck, B. V. D. Santheuvel, P. V. Bleiswyk, W. C. H. Van Lynden, D. J. Van Heekeren, Joan Van Kuffeller, F. G. Van Dedemtotden Gelder, H. Tjassens, ministers plenipotentiaries of the lords of the states general of the United Netherlands, did conclude and sign on the part of the said lords, the states general of the United Nether lands, and of the United States of America, a convention concerning vessels re-captured, in the words following, to wit: [Here insert the convention.

Journals of Congresst. goy's

JOURNALS OF CONGRESS, 1783.

145

Now be it known, that we, the said United States of America in Congress assembled, have accepted and approved, and do by these presents ratify and confirm the same, and do authorize and direct the minister plenipotentiary of the United States at the Hague, to deliver this ou act of ratification, in exchange for the ratification of the said convention by the lords, the states general of the United Netherlands.

In testimony whereof, we have caused our seal to be hereunto affixed.

Witness his excellency Elias Boudinot, president, this 23d day of January, 1783, and of our sovereignty and independence the 7th.

The committee having reported the drau ght of a proclamation to be issued by Congress, the same was agreed to as follows:

By the United States in Congress assembled:

A PROCLAMATION.

Whereas in pursuance of a plenipotentiary commission, given on the 29th day of December, 1780, to the hon. John Adams, esq. a treaty of amity and commerce, between their high mightinesses, the states general of the United Netherlands, and the United States of America, was on the 8th day of October, 1782, concluded by the said John Adams, with plenipotentiaries named for that purpose by their said high mightinesses the states general of the United Netherlands: and whereas the said treaty hath been this day approved and ratified by the United States in Congress assembled, as the same is contained in the words following, to wit: A treaty of Amity and Commerce, between their high mightinesses, the states general of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, RhodeIsland and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Dela ware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.

Their high mightinessess, the states general of the United Netherlands, and the United States of America, to wit, New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, desiring to ascertain, in a permanent and equitable manner, the rules to be observed, relative to the commerce and correspondence which they intend to establish between their respective states, countries and inhabitants, have judged that the said end cannot be better obtained, than by establishing the most perfect equality and reciprocity for the basis of their agreement, and by 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 ul terior regulations as it shall find most convenient to itself, and by founding the advantages of commerce solely upon reciprocal utility and the just rules of free intercourse, reserving with all, to each party the liberty of admitting, at its plessure, other nations to a participa tion of the same advantages.

On these principles their high mightinesses, the states general of the United Netherlands, have named for their plenipotentiaries, from the midst of their assembly, Messrs. their deputies for the foreign affairs; and the said United States of America, on their part, have furnished with full powers, Mr. John Adams, late commissioner of the United States of America at the court of Versailles, heretofore delegate in Congress, from the state of MassachusettsBay, and chief justice of the said state; who have agreed and concluded as follows, to wit: ART. 1. There shall be a firm, inviolable and universal peace and sincere friendship between their high mightinesses the lords, the states general of the United Netherlands and the United States of America; and between the subjects and inhabitants of the said parties, and between the countries, islands, cities and places situated under the jurisdiction of the said United Netherlands and the said United States of America, their subjects and inhabitants of every degree, without exception of persons or places.

ART. 2. The subjects of the said states general of the United Netherlands, shall pay in the ports, havens, roads, countries, islands, cities or places of the United States of America, or any of them, no other nor greater duties or impost, of whatever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another in the said states, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports.

ART 3. The subjects and inhabitants of the said United States of America, shall pay in the ports, havens, roads, countries, islands, cities or places of the said United Nether lands, or any of them, no other nor greater duties or imposts of whatever nature and denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to another in the said states, or from any one towards any one of those ports, from or to any foreign port of the world and the United States 19

VOL. IV.

of America, with their subjects and inhabitants, shall leave to those of their high mightinesses, the peaceable enjoyment of their rights in the countries, islands and seas in the East and West-Indias, without any hindrance or molestation.

ART. 4. There shall be an entire and perfect liberty of conscience allowed to the subjects and inhabitants of each party, and to their families, and no one shall be molested in regard to his worship, provided he submits as to the public demonstration of it, to the laws of the country: there shall be given moreover liberty, when any subjects or inhabitants of either party shall die in the territory of the other, to bury them in the usual burying places, or in decent and convenient grounds to be appointed for that purpose, as occasion shall require: and the dead bodies of those who are buried, shall not in anywise be molested. And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.

ART. 5. Their bigh mightinesses, the states general of the United Netherlands, and the United States of America shall endeavour, by all the means in their power, to defend and protect all vessels and other effects belonging to their subjects and inhabitants respectively, or to any of them, in their ports, roads, havens, internal seas, passes, rivers, and as far as their jurisdiction extends at sea, and to recover and cause to be restored to the true proprietors, their agents or attornies, all such vessels and effects, which shall. be taken under their jurisdiction: and their vessels of war and convoys, in cases when they may have a common enemy, shall take under their protection all the vessels belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, according to the description which shall be made of them hereafter, for places, with which one of the parties is in peace, and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route; and they shall defend such vessels as long as they shall hold the same course, or follow the same route, against all attacks, force and violence of the common enemy, in the same manner, as they ought to protect and defend the vessels, belonging to their own respective subjects.

ART. 6. The subjects of the contracting parties may, on one side and on the other, in the respective countries and states, dispose of their effects by testament, donation or otherwise, and their heirs, subjects of one of the parties, and residing in the country of the other, or elsewhere, shall receive such successions, even ab in testato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or prerogatives of any province, city or private person; and if the heirs, to whom such successions may have fallen, shall be minors, the tutors or curators, established by the judge domiciliary of the said minors, may govern, direct, administer, sell and alienate the effects fallen to the said minors, by inheritance; and in general, in relation to the said successions and effects, use ail the rights and fulfil all the functions, which belong by the disposition of the laws, to guardians, tutors, and curators; provided nevertheless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal instrument.

ART. 7. It shall be lawful and free for the subjects of each party, to employ such ad-› vocates, attornies, notaries, solicitors or factors, as they shall judge proper.

ART. 8. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandises, and goods in general, and effects of one of the confederates, or of the subjects thereof, shall not be seized or detained in any of the countries, lands, islands, cities, places, ports, shores or dominations whatsoever of the other confederate, for any military expedition, public or private use of any one, by arrests, violence or any colour thereof; much less shall it be permitted to the subjects of either party, to take or extort by force, any thing from the subjects of the other party, without the consent of the owner: which however is not to be understood of seizures, de tentions and arrests, which shall be made by the command and authority of justice, and by the ordinary methods, on account of debts or crimes, in respect whereof, the proceedings must be, by way of law, according to the forms of justice.

ART 9. It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships and other subjects and inhabitants of the contracting parties, in every place subjected to the jurisdiction of the two powers respectively, to manage themselves, their own business. And moreover as to the use of interpreters, or brokers, as also in relation to the loading or unloading of their vessels, and every thing which has relation thereto, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or at least upon an equality with the most favoured nation

ART. 10. The merchant-ships of either of the parties coming from the port of an enemy, or from their own or a neutral port, may navigate freely towards any port of an ene

my of the other ally: they shall be, nevertheless, held, whenever it shall be required, to exbibit, as well upon the high seas as in the ports, their sea-letters and other docu,ments, described in the 25th article, stating expressly that their effects are not of the number of those, which are prohibited as contraband: and not having any contraband goods for an enemy's port, they may freely and without hindrance, pursue their voyage towards the port of an enemy. Nevertheless it shall not be required to examine the papers of vessels convoyed by vessels of war, but credence shall be given to the word of the officer, who shall conduct the convoy.

ART. 11. If by exhibiting the sea-letters and other documents described more particularly in the 25th article of this treaty, the other party shall discover there are any of those sorts of goods, which are declared prohibited and contraband, and that they are consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, nor to open any chest, coffer, packs, casks or other vessels found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their high mightinesses, the states general of the United Netherlands, or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the officers of the court of admiralty, and an iventory thereof made, but there shall be no allowance to sell, exchange or alienate the same, until after that due and lawful process shall have been had against such prohibited goods of contraband, and the court of admiralty, by a sentence pronounced, shall have confiscated the same, saving always as well the ship itself as any other goods found therein, which are to be esteemed free, and may not be detained on pretence of their being infected by the prohibited goods, much less shall they be confiscated as lawful prize: but on the contrary, when by the visitation at land, it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers, that he who has taken and carried in the vessel has been able to discover any there, he ought to be condemned in all the charges, damages and interests of them which he shall have caused, both to the owner of vessels and to the owners and freighters of cargoes, with which they shall be loaded, by his temerity in taking and carrying them in, declaring most expressly, the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who shall be found in a free vessel, who may not be taken out of her, unless they are military men, actually in the service of an enemy.

ART. 12. On the contrary it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to the enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscated, in the same manner as if it belonged to the enemy: except nevertheless such effects and merchandises, as were put on board such vessel, before the declaration of war, or in the space of six months after it, which effects shall not be in any manner subject to confiscation, but shall be faithfully and without delay restored in nature to the owners, who shall claim them or cause them to be claimed, before the confiscation and sale, as also their proceeds, if the claim could not be made but in the space of eight months after the sale, which ought to be public: provided nevertheless, that if the said merchandises are contraband, it shall by no means be lawful to transport them afterwards to any port belonging to enemies.

ART. 13. And that more effectual care may be taken for the security of subjects and people of either party, that they do not suffer molestation from the vessels of war, or privateers of the other party, it shall be forbidden to all commanders of vessels of war, and other armed vessels of the said states general of the United Netherlands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party; and if they act to the contrary, they shall be, upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges, and moreover obliged to make satisfaction for all damages and interests thereof, by reparation, under pain and obligation of their persons and goods.

ART. 14. For further determining of what has been said, all captains of privateers, or fitters out of vessels armed for war, under commission and on account of private persons, shall be held before their departure, to give sufficient caution before competent judges, either to be entirely responsible for the malversations which they may commit in their cruises or voyages, as well as for the contraventions of their captains and officers, against the present treaty, and against the ordinances and edicts which shall be published in consequence of, and conformity to it, under pain of forfeiture and nullity of the said commission.

ART 15. All vessels and merchandises of whatsoever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas without requisite commissions, shall be brought into some port of one of the two states, and deposited in the hands of the officers of that port, in order to be restored entire to the true proprie

tor, as soon as due and sufficient proofs shall be made, concerning the property thereof. ART. 16. If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominations of the other, stick upon the sands or be wrecked, or suffer any other sea damage, all friendly assistance and relief shall be given to the persons ship-wrecked, or such as shall be in danger thereof; and the vessels, effects and merchandises, or the part of them which shall have been saved, or the proceeds of them, if being perishable they shall have been sold, being claimed within a year and a day, by the masters or owners, or their agents or attornies, shall be restored, paying only the reasonable charges, and that which must be paid, in the same case, for the salvage, by the proper subjects of the country: there shall also be delivered them safe conducts or passports, for their free and safe passage from thence, and to return each one to his own country.

ART. 17. 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 of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, ports, roads or shores belonging to the other party, they shall be received 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 needfui for the sustenance of their persons, or reparation of their ships; and they shali 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.

ART. 18. For the better promoting of commerce on both sides, it is agreed, that if a war should break out between their high mightinesses the states general of the United Netherlands and the United States of America, there shall always be granted to the subjects on each side, the term of nine months after the date of the rupture, or the proclamation of war, to the end that they may retire with their effects, and transport them where they please, which it shall be lawful for them to do, as well as to sell or transport their effects and goods in all freedom, and without any hindrance, and without being able to proceed during the said term of nine months, to any arrest of their effects, much less of their persons; on the contrary, there shall be given them, for their vessels and their effects which they would carry away, passports and safe conducts for the nearest ports of their respective countries, and for the time necessary for the voyage; and no prize made at sea shall be adjudged lawful, at least if the declaration of war was not or could not be known in the last port which the vessel taken has quitted; but for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them in the interval of the said terms, a complete satisfaction shall be given them.

ART. 19. No subject of their high mightinesses the states general of the United Netherlands, shall apply for or take any commission or letters of marque for arming any ship or ships, to act as privateers against the said United States of America or any of them, or the subjects and inhabitants of the said United States or any of them, or against the property of the inhabitants of any of them, from any prince or state with which the said United States of America may happen to be at war; nor shall any subject or inhabitant of the United States of America, or any of them, apply for or take any commission or letters of marque for arming any ship or ships, to act as privateers against the high and mighty lords the states general of the United Netherlands, or against the subjects of their high mightinesses or any of them, or against the property of any one of them, from any prince or state with which their high mightinesses may be at war: and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

ART. 20. If the vessels of the subjects or inhabitants of one of the parties, come upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, or take in any cargo, they shall not be obliged to pay neither for the vessels nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandises of contraband.

ART. 21. 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 choose to make such appointments.

ART. 22. This treaty shall not be understood in any manner to derogate from the 9th, 10th, 19th and 24th articles of the treaty with France, as they were numbered in the same treaty, concluded the 6th of February, 1778, and which make the articles 9th, 10th, 17th and 22d, of the treaty of commerce now subsisting between the United States of America and the crown of France: nor shall it hinder his Catholic majesty from acceding to that treaty, and enjoying the advantages of the said four articles.

ART. 23. If at any time the United States of America shall judge it necessary to commence negotiations with the king or emperor of Morocco and Fez, and with the regencies of