Chapter VII: Section 2: And be it further enacted, That on the (4)

JUSTITIAM ET NON TEMNERE DIVOS.[50] (_Learn justice, and not to despise the gods._) On the face of a pyramid, the base of which is adorned with flowers, is placed the crowned shield of Amsterdam, resting on fasces; beneath, on a scroll, the inscription: PRODROMUS (_a forerunner_). A flying Mercury places a wreath on the shield; below on the right, an anchor, a basket of flowers, and a cock crowing (_France_); in the background, the sea covered with ships. Exergue: S. P. Q. AMST. SACRVM. (_Senatui populoque Amstelodamensi sacrum: Dedicated to the Senate and people of Amsterdam_). On the platform, I. G. HOLTZHEY FEC. (_fecit_).[51]

[Footnote 50: Virgil, _Æneid_, Book VI, 620. This
mutilated quotation is scarcely intelligible. The
entire verse is: "DISCITE JUSTITIAM, MONITI, ET NON
TEMNERE DIVOS." (_Admonished [by me], learn justice
and not to despise the gods_).]

[Footnote 51: SEE INTRODUCTION, page x.]

_____

ORIGINAL DOCUMENTS. (p. 075)

_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, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Concluded October 8, 1782; ratified January 22, 1783._

Their High Mightinesses 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 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 ulterior 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 withal to each party the liberty of
admitting at its pleasure other nations to a participation of the
same advantages.

On these principles their said High Mightinesses the
States-General of the United Netherlands have named for their
Plenipotentiaries, from the midst of their assembly, Messieurs
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 Massachusetts Bay, and Chief Justice of the said
State, who have agreed and concluded as follows, to wit:

ARTICLE I.

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.

ARTICLE II.

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 imposts, of whatever nature
or denomination they may be, than those which the nations the (p. 076)
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.

ARTICLE III.

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 Netherlands, or any of them, no
other nor greater duties or imposts, 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 from any one toward any one of those ports from
or to any foreign port of the world. And the United States 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
Indies, without any hindrance or molestation.

ARTICLE IV.

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 any wise 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.

ARTICLE V.

Their High 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 attorneys, 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 (p. 077)
war, nor destined for any place blockaded, 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.

ARTICLE VI.

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 intestato_, whether in person or by their
attorney or substitute, even although they shall not have
obtained letters of naturalization, without having the effects of
such commission tested 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 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 all
the rights and fulfill 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 or curators by testament, codicil or other legal
instrument.

ARTICLE VII.

It shall be lawful and free for the subjects of each party to
employ such advocates, attorneys, notaries, solicitors or factors
as they shall judge proper.

ARTICLE VIII.

Merchants, masters and owners of ships, mariners, men of all
kinds, ships and vessels, and all merchandizes and goods in
general, and effects of one of the confederates, or of the
subjects thereof, shall not be seized or detained in any of the
countries, lands, islands, cities, places, ports, shores, or
dominions whatsoever of the other confederate, for any military
expedition, publick 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
anything from the subjects of the other party, without the
consent of the owner; which, however, is not to be understood of
seizures, detentions, 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.

ARTICLE IX.

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 (p. 078)
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 everything 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.

ARTICLE X.

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 enemy of the other ally: they shall
be, nevertheless, held, whenever it shall be required, to
exhibit, as well upon the high seas as in the ports, their
sea-letters and other documents described in the twenty-fifth
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.

ARTICLE XI.

If, by exhibiting the sea-letters and other documents described
more particularly in the twenty-fifth 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 chests, coffers, packs, casks, or other vessels found
therein, or to remove the smallest parcels 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 inventory 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 owners 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.

ARTICLE XII. (p. 079)

On the contrary, it is agreed that whatever shall be found to be
taken by the subjects and inhabitants of either party, or 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
merchandizes 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 publick: Provided, nevertheless, that if
the said merchandizes are contraband, it shall by no means be
lawful to transport them afterwards to any port belonging to
enemies.

ARTICLE XIII.

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.

ARTICLE XIV.

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 cruizes 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 commissions.

ARTICLE XV.

All vessels and merchandizes, 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 proprietor as soon as due and sufficient
proofs shall be made concerning the property thereof.

ARTICLE XVI.

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 (p. 080)
other sea damage, all friendly assistance and relief shall be
given to the persons shipwrecked, or such as shall be in danger
thereof; and the vessels, effects and merchandizes, 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
attorneys, 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.

ARTICLE XVII.

In case the subjects or people of either party, with their
shipping, whether publick 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 harbor, to retract 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 needful for the sustenance of their
persons or reparation of their ships; and they shall no ways be
detained or hindered from returning out of the said ports or
roads, but may remove and depart when and whither they please,
without any let or hindrance.

ARTICLE XVIII.

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 arrests of their effects, much less
of their persons; on the contrary, there shall be given them, for
their vessels and their effects, which they could 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.

ARTICLE XIX.

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 (p. 081)
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 said 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.

ARTICLE XX.

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 for the cargoes, at least if there is not just
cause to presume that they carry to an enemy merchandizes of
contraband.

ARTICLE XXI.

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 chooses to make such appointments.

ARTICLE XXII.

This treaty shall not be understood in any manner to derogate
from the ninth, tenth, nineteenth, and twenty-fourth articles of
the treaty with France, as they were numbered in the same treaty,
concluded the sixth of February, 1778, and which make the
articles ninth, tenth, seventeenth, and twenty-second 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 according to that treaty, and enjoying the
advantages of said four articles.

ARTICLE XXIII.

If at any time the United States of America shall judge necessary
to commence negotiations with the King or Emperor of Morocco and
Fez, and with the Regencies of Algiers, Tunis, or Tripoli, or
with any of them, to obtain passports for the security of their
navigation in the Mediterranean Sea, their High Mightinesses
promise that upon the requisition which the United States of
America shall make of it, they will second such negotiations in
the most favourable manner, by means of their Consuls residing
near the said King, Emperor, and Regencies.

_Contraband._

ARTICLE XXIV.

The liberty of navigation and commerce shall extend to all sorts
of merchandizes, excepting only those which are distinguished
under the name of contraband, or merchandizes prohibited; (p. 082)
and under this denomination of contraband and merchandizes
prohibited, shall be comprehended only warlike stores and arms,
as mortars, artillery, with their artifices and appurtenances,
fusils, pistols, bombs, grenades, gunpowder, saltpetre, sulphur,
match, bullets and balls, pikes, sabres, lances, halberts,
casques, cuirasses, and other sorts of arms, as also soldiers,
horses, saddles, and furniture for horses; all other effects and
merchandizes, not before specified expressly, and even all sorts
of naval matters, however proper they may be for the construction
and equipment of vessels of war, or for the manufacture of one or
another sort of machines of war, by land or sea, shall not be
judged contraband, neither by the letter, nor according to any
pretended interpretation whatever, ought they or can they be
comprehended under the notion of effects prohibited or
contraband: so that all effects and merchandizes, which are not
expressly before named, may, without any exception, and in
perfect liberty, be transported by the subjects and inhabitants
of both allies, from and to places belonging to the enemy;
excepting only the places which at the time shall be besieged,
blocked, or invested; and those places only shall be held for
such which are surrounded nearly by some of the belligerent
powers.

ARTICLE XXV.

To the end that all dissention and quarrel may be avoided and
prevented, it has been agreed, that in case that one of the two
parties happens to be at war, the vessels belonging to the
subjects or inhabitants of the other ally shall be provided with
sea letters or passports, expressing the name, the property, and
the burthen of the vessel, as also the name of abode of the
master, or commander of the said vessel, to the end that thereby
it may appear that the vessel really and truly belongs to the
subjects or inhabitants of one of the parties; which passports
shall be drawn and distributed, according to the form annexed to
this treaty; each time that the vessel shall return, she should
have such her passport renewed, or at least they ought not to be
of more ancient date than two years, before the vessel has been
returned to her own country.

It has also been agreed that such vessels, being loaded, ought to
be provided not only with the said passports or sea letters, but
also with a general passport, or with particular passports or
manifests, or other publick documents, which are ordinarily given
to vessels outward bound in the ports from whence the vessels
have set sail in the last place, containing a specification of
the cargo, of the place from whence the vessel departed, and of
that of her destination, or, instead of all these, with
certificates from the magistrates or governors of cities, places
and colonies from whence the vessel came, given in the usual
form, to the end that it may be known whether there are any
effects prohibited or contraband, on board the vessels, and
whether they are destined to be carried to an enemy's country or
not; and in case any one judges proper to express in the said
documents the persons to whom the effects on board belong, he may
do it freely, without, however, being bound to do it; and the
omission of such expression cannot and ought not to cause a
confiscation.

ARTICLE XXVI.

If the vessels of the said subjects or inhabitants of either of
the parties, sailing along the coasts or on the high seas, are
met by a vessel of war, or privateer, or other armed vessel (p. 083)
of the other party, the said vessels of war, privateers, or
armed vessels, for avoiding all disorder, shall remain without
the reach of cannon, but may send their boats on board the
merchant vessel, which they shall meet in this manner, upon which
they may not pass more than two or three men, to whom the master
or commander shall exhibit his passport, containing the property
of the vessel, according to the form annexed to this treaty: And
the vessel, after having exhibited such a passport, sea letter,
and other documents, shall be free to continue her voyage, so
that it shall not be lawful to molest her, or search her in any
manner, nor give her chase, nor to force her to alter her course.

ARTICLE XXVII.

It shall be lawful for merchants, captains, and commanders of
vessels, whether publick and of war, or private and of merchants,
belonging to the said United States of America, or any of them,
or to their subjects and inhabitants, to take freely into their
service, and receive on board of their vessels, in any port or
place in the jurisdiction of their High Mightinesses aforesaid,
seamen or others, natives or inhabitants of any of the said
States, upon such conditions as they shall agree on, without
being submitted for this to any fine, penalty, punishment,
process, or reprehension whatsoever.

And reciprocally, all merchants, captains, and commanders,
belonging to the said United Netherlands, shall enjoy, in all the
ports and places under the obedience of the said United States of
America, the same privilege of engaging and receiving seamen or
others, natives or inhabitants of any country of the domination
of the said States-General: Provided, that neither on one side
nor the other, they may not take into their service such of their
countrymen who have already engaged in the service of the other
party contracting, whether in war or trade, and whether they meet
them by land or sea; at least if the captains or masters under
the command of whom such persons may be found, will not of his
own consent discharge them from their service, upon pain of being
otherwise treated and punished as deserters.

ARTICLE XXVIII.

The affair of the refraction shall be regulated in all equity and
justice, by the magistrates of cities respectively, where it
shall be judged that there is any room to complain in this
respect.

ARTICLE XXIX.

The present treaty shall be ratified and approved by their High
Mightinesses the States-General of the United Netherlands and by
the United States of America; and the acts of ratification shall
be delivered in good and due form, on one side and on the other,
in the space of six months, or sooner if possible, to be computed
from the day of the signature.

In faith of which, we the Deputies and Plenipotentiaries of the
Lords the States-General of the United Netherlands, and the
Minister Plenipotentiary of the United States of America, in
virtue of our respective authorities and full powers, have signed
the present treaty and apposed thereto the seals of our arms.

Done at the Hague the eighth of October, one thousand seven (p. 084)
hundred and eighty-two.

John ADAMS. [L.S.]
George VAN RANDWYCK. [L.S.]
B. V. D. SANTHEUVEL. [L.S.]
P. V. BLEISWIJK. [L.S.]
W. C. H. VAN LIJNDEN. [L.S.]
D. J. VAN HEECKEREN. [L.S.]
Joan VAN KUFFELER. [L.S.]
F: G: VAN DEDEM, TOT DEN GELDER. [L.S.]
H: TJASSENS. [L.S.]

_____

_Convention between the Lords the States-General of the United Netherlands and the United States of America, concerning vessels recaptured. Concluded October 8, 1782._

The Lords the States-General of the United Netherlands and the
United States of America, being inclined to establish some
uniform principles with relation to prizes made by vessels of
war, and commissioned by the two contracting Powers, upon their
common enemies, and to vessels of the subjects of either party,
captured by the enemy, and recaptured by vessels of war
commissioned by either party, have agreed upon the following
articles:

ARTICLE I.

The vessels of either of the two nations recaptured by the
privateers of the other, shall be restored to the first
proprietor, if such vessels have not been four and twenty hours
in the power of the enemy, provided the owner of the vessel
recaptured pay therefor one-third of the value of the vessel, as
also of that of the cargo, the cannons and apparel, which third
shall be valued by agreement, between the parties interested; or,
if they cannot agree thereon among themselves, they shall address
themselves to the officers of the admiralty of the place where
the privateer who has retaken the vessel shall have conducted
her.

ARTICLE II.

If the vessel recaptured has been more than twenty-four hours in
the power of the enemy, she shall belong entirely to the
privateer who has retaken her.

ARTICLE III.

In case a vessel shall have been recaptured by a vessel of war
belonging to the States-General of the United Netherlands, or to
the United States of America, she shall be restored to the first
owner, he paying a thirtieth part of the value of the ship, her
cargo, cannons and apparel, if she has been recaptured in the
interval of twenty-four hours, and the tenth part if she has been
recaptured after the twenty-four hours, which sums shall be (p. 085)
distributed in form of gratifications to the crews of the vessels
which have retaken her. The valuation of the said thirtieth parts
and tenth parts shall be regulated according to the tenor of the
first article of the present convention.

ARTICLE IV.

The restitution of prizes, whether they may have been retaken by
vessels of war or by privateers, in the mean time and until
requisite and sufficient proofs can be given of the property of
vessels recaptured, shall be admitted in a reasonable time, under
sufficient sureties for the observation of the aforesaid
articles.

ARTICLE V.

The vessels of war and privateers of one and of the other of the
two nations, shall be reciprocally, both in Europe and in the
other parts of the world, admitted in the respective ports of
each with their prizes, which may be unloaded and sold according
to the formalities used in the State where the prize shall have
been conducted, as far as may be consistent with the 22d article
of the treaty of commerce: Provided, always, that the legality of
prizes by the vessels of the Low Countries shall be decided
conformably to the laws and regulations established in the United
Netherlands; as, likewise, that of prizes made by American
vessels, shall be judged according to the laws and regulations
determined by the United States of America.

ARTICLE VI.

Moreover, it shall be free for the States-General of the United
Netherlands, as well as for the United States of America, to make
such regulations as they may judge necessary, relative to the
conduct which their respective vessels and privateers ought to
hold in relation to the vessels which they shall have taken and
conducted into the ports of the two powers.

In faith of which, We, the Deputies and Plenipotentiaries of the
Lords the States-General of the United Netherlands, and Minister
Plenipotentiary of the United States of America, have, in virtue
of our respective authorities and full powers, signed these
presents, and confirmed the same with the seals of our arms.

Done at the Hague the eighth of October, one thousand seven
hundred and eighty-two.

John ADAMS. [L.S.]
George VAN RANDWYCK. [L.S.]
B. V. D. SANTHEUVEL. [L.S.]
P. V. BLEISWIJK. [L.S.]
W. C. H. VAN LIJNDEN. [L.S.]
D. J. VAN HEECKEREN. [L.S.]
Joan VAN KUFFELER. [L.S.]
F: G: VAN DEDEM, TOT DEN GELDER. [L.S.]
H: TJASSENS. [L.S.]

No. 14. (p. 086) PLATE XIV.

_1782._

Libertas Americana. [Rx]. Non sine diis animosus infans.

LIBERTAS AMERICANA.

[_Surrender of the British Armies at Saratoga and at Yorktown._]

LIBERTAS AMERICANA. (_American liberty._) The head of a beautiful maiden, facing the left, with dishevelled hair floating in the wind, and with the rod of liberty surmounted by the Phrygian cap on her right shoulder. Exergue: 4 JUIL. (_sic_) 1776. (_4 Julii, 1776: July 4, 1776._) On edge of bust, DUPRÉ.

NON SINE DIIS ANIMOSUS INFANS.[52] (_The courageous child was aided by the gods._) The infant Hercules (_America_), in his cradle, is strangling two serpents, while Minerva (_France_) stands by, helmeted, and with spear in her right hand, ready to strike a leopard (_England_) whose attacks she wards off with her shield decked with the lilies of France. Exergue: 17/19 OCT. 1777/1781. (17/19 _Octobris_ 1777/1781: 17/19 _October_, 1777/1781.)[53] DUPRÉ. F. (_fecit_).[54]

[Footnote 52: Horace, Book III, Ode iv, 20.]

[Footnote 53: Dates of the surrender of the British
armies at Saratoga and at Yorktown.]

[Footnote 54: See INTRODUCTION, pages x, xi, and
xxii.]

This medal was not voted by Congress, but was ordered by Franklin, in commemoration of the surrenders of Lieutenant-General Burgoyne and of General Lord Cornwallis. As the official reports of the first of these events have already been given under No. 2, page 9, I give here only the documents relating to the surrender of Lord Cornwallis, at Yorktown.

_____

ORIGINAL DOCUMENTS. (p. 087)

_General Washington to the President of Congress._

To His Excellency Headquarters, near York,
THE PRESIDENT OF CONGRESS. October 19, 1781.

Sir: I have the honour to inform Congress that a reduction of the
British army, under the command of Lord Cornwallis, is most
happily effected. The unremitted ardour which actuated every
officer and soldier in the combined army on this occasion, has
principally led to this important event, at an earlier period
than my most sanguine hopes had induced me to expect.

The singular spirit of emulation, which animated the whole army
from the first commencement of our operations, has filled my mind
with the highest pleasure and satisfaction, and had given me the
highest presages of success.

On the 17th instant, a letter was received from Lord Cornwallis,
proposing a meeting of commissioners to consult on terms for the
surrender of the posts of York and Gloucester. This letter (the
first that had passed between us) opened a correspondence, a copy
of which I do myself the honour to inclose; that correspondence
was followed by the definitive capitulation, which was agreed to
and signed on the 19th, copy of which is herewith transmitted;
and which I hope will meet with the approbation of Congress.

I should be wanting in the feelings of gratitude did I not
mention on this occasion, with the warmest sense of
acknowledgment, the very cheerful and able assistance which I
have received in the course of our operations from His Excellency
the Count de Rochambeau. Nothing could equal this zeal of our
allies but the imitating spirit of the American officers, whose
ardour would not suffer their exertions to be exceeded.

The very uncommon degree of duty and fatigue, which the nature of
the service required from the officers of engineers and artillery
of both armies, obliges me particularly to mention the
obligations I am under to the commanding and other officers of
those corps.

I wish it was in my power to express to Congress how much I feel
myself indebted to the Count de Grasse, and the officers of the
fleet under his command, for the distinguished aid and support
which has been afforded by them, between whom and the army the
most happy concurrence of sentiments and views have subsisted,
and from whom every possible co-operation has been experienced
which the most harmonious intercourse could afford.

Returns of the prisoners, military stores, ordnance, shipping and
other matters, I shall do myself the honour to transmit to
Congress as soon as they can be collected by the heads of
departments to which they belong.

Colonel Laurens and the Viscount de Noailles, on the part of the
combined army, were the gentlemen who acted as commissioners for
forming and settling the terms of capitulation and surrender,
herewith transmitted, to whom I am particularly obliged for their
readiness and attention exhibited on the occasion.

Colonel Tilghman, one of my aids-de-camp, will have the (p. 088)
honour to deliver these despatches to Your Excellency; he will be
able to inform you of every minute circumstance which is
particularly mentioned in my letter. His merits, which are too
well known to need any observations at this time, have gained my
particular attention, and I could wish that they may be honoured
by the notice of Your Excellency and Congress.

Your Excellency and Congress will be pleased to accept my
congratulations on this happy event, and believe me to be, with
the highest respect and esteem,

Sir, your Excellency's most obedient humble servant,
Geo. WASHINGTON.

P.S. Though I am not possessed of the particular returns, yet I
have reason to suppose that the number of prisoners will be
between five and six thousand, exclusive of seamen and others.

_____

_General Washington to the President of Congress._

To His Excellency Headquarters, near York,
THE PRESIDENT OF CONGRESS. October 27, 1781.

Sir: I do myself the honour to enclose to Your Excellency copies
of returns of prisoners, artillery, arms, ordnance, and other
stores, surrendered by the enemy in their posts of York and
Gloucester, on the 19th instant, which were not completed at the
time of my despatches, and but this moment handed to me. A draft
of these posts, with the plan of attack and defence, is herewith
transmitted; and twenty-four standards, taken at the same time,
are ready to be laid before Congress.

My present despatches being important, I have committed to the
care of Colonel Humphreys, one of my aids-de-camp, whom, for his
attention, fidelity and good services, I beg leave to recommend
to Congress and Your Excellency.

I have the honour to be,
Sir, Your Excellency's most obedient humble servant,
Geo. WASHINGTON.

_____

_Resolutions of Congress Voting Thanks, etc., for the Taking of Yorktown._

BY THE UNITED STATES IN CONGRESS ASSEMBLED:

_Resolved_, That the thanks of the United States, in Congress
assembled, be presented to His Excellency General Washington, for
the eminent services which he has rendered to the United States,
and particularly for the well concerted plan against the (p. 089)
British garrisons in York and Gloucester; for the vigour,
attention, and military skill with which that plan was executed,
and for the wisdom and prudence manifested in the capitulation.

That the thanks of the United States, in Congress assembled, be
presented to His Excellency the Count de Rochambeau, for the
cordiality, zeal, judgment, and fortitude, with which he seconded
and advanced the progress of the allied army against the British
garrison in York.

That the thanks of the United States, in Congress assembled, be
presented to His Excellency Count de Grasse, for his display of
skill and bravery in attacking and defeating the British fleet
off the Bay of Chesapeake, and for his zeal and alacrity in
rendering, with the fleet under his command, the most effectual
and distinguished aid and support to the operations of the allied
army in Virginia.

That the thanks of the United States, in Congress assembled, be
presented to the commanding and other officers of the corps of
artillery and engineers of the allied army, who sustained
extraordinary fatigue and danger in their animated and gallant
approaches to the lines of the enemy.

That General Washington be directed to communicate to the other
officers and soldiers under his command the thanks of the United
States, in Congress assembled, for their conduct and valour on
this occasion:

_Resolved_, That the United States, in Congress assembled, will
cause to be erected, at York, in Virginia, a marble column,
adorned with emblems of the alliance between the United States
and His Most Christian Majesty, and inscribed with a succinct
narrative of the surrender of Earl Cornwallis to His Excellency
General Washington, commander-in-chief of the combined forces of
America and France, to His Excellency the Count de Rochambeau,
commanding the auxiliary troops of His Most Christian Majesty in
America, and to His Excellency the Count de Grasse,
commanding-in-chief the naval army of France in Chesapeake.

_Resolved_, That two stands of colours taken from the British
army under the capitulation of York, be presented to His
Excellency General Washington, in the name of the United States
in Congress assembled.

_Resolved_, That two pieces of the field ordnance, taken from the
British army under the capitulation of York, be presented by the
commander-in-chief of the American army to Count de Rochambeau;
and that there be engraved thereon a short memorandum, that
Congress were induced to present them from considerations of the
illustrious part which he bore in effectuating the surrender.

_Resolved_, That the Secretary of Foreign Affairs be directed to
request the Minister Plenipotentiary of His Most Christian
Majesty, to inform his Majesty that it is the wish of Congress
that Count de Grasse may be permitted to accept a testimony of
their approbation, similar to that to be presented to Count de
Rochambeau.

_Resolved_, That the Board of War be directed to present to
Lieutenant-Colonel Tilghman, in the name of the United States in
Congress assembled, a horse properly caparisoned, and an elegant
sword, in testimony of their high opinion of his merit and
ability.

Monday, October 29, 1781.

_____

_Benjamin Franklin to Robert R. Livingston._ (p. 090)

To the Honourable
Robert R. LIVINGSTON, Passy, March 4, 1782.
Secretary for Foreign Affairs.

Sir:
- - - - -

This puts me in mind of a medal I have had a mind to strike since
the late great event[55] you gave me an account of, representing
the United States by the figure of an infant Hercules in his
cradle, strangling the two serpents; and France by that of
Minerva, sitting by as his nurse, with her spear and helmet, and
her robe specked with a few "_fleurs-de-lis_". The extinguishing
of two entire armies in one war is what has rarely happened, and
it gives a presage of the future force of our growing empire....

With great esteem,
B. FRANKLIN.

[Footnote 55: The surrender of Lord Cornwallis, at
Yorktown, which took place October 19, 1781.]

_____

_Benjamin Franklin to Sir William Jones._

To
Sir William JONES. Passy, March 17, 1783.

Sir:
- - - - -

The engraving of my medal, which you know was projected before
the peace, is but just finished. None are yet struck in hard
metal, but will be in a few days. In the meantime, having this
good opportunity by Mr. Penn, I send you one of the "_épreuves_".
You will see that I have profited by some of your ideas, and
adopted the mottoes you were so kind as to furnish....

B. FRANKLIN.

_____

_Benjamin Franklin to Robert R. Livingston._

To the Honourable
Robert R. LIVINGSTON, Passy, April 15, 1783.
Secretary for Foreign Affairs.

Sir: I have caused to be struck here the medal which I formerly
mentioned to you, the design of which you seemed to approve. I
enclose one in silver for the President of Congress and one in
copper for yourself. The impression on copper is thought to
appear best; and you will soon receive a number for the members.
I have presented one to the King and another to the Queen, (p. 091)
both in gold; and one in silver to each of the ministers, as a
monumental acknowledgment, which may go down to future ages,
of the obligations we are under to this nation. It is mighty well
received, and gives general pleasure. If the Congress approve of
it, as I hope they will, I may add something on the die (for
those to be struck hereafter) to shew that it was done by their
order, which I could not venture to do till I had authority for
it.

With the greatest respect, I have the honour to be, Sir, your
most obedient and most humble servant,
B. FRANKLIN.

_____

_Benjamin Franklin to Robert R. Livingston._

To the Honourable
Robert R. LIVINGSTON, Passy, July 22, 1783.
Secretary for Foreign Affairs.

Sir: I made the Grand Master of Malta a present of one of our
medals in silver, writing to him a letter of which I enclose a
copy, and I believe our people will be kindly received in his
port.

With the greatest respect, I have the honour to be, Sir, your
most obedient and most humble servant.
B. FRANKLIN.

_____

_Benjamin Franklin to the Grand Master of Malta._

To His Eminent Highness
THE GRAND MASTER OF MALTA. Passy, 6 April, 1783.

My Lord: I have the honour to address to Your Eminent Highness
the medal which I have lately had struck. It is an Homage of
gratitude, my Lord, which is due to the interest you have taken
in our cause and we no less owe it to your virtues and to Your
Eminent Highnesses wise Administration of Government.

Permit me, my Lord, to demand your protection for such of our
citizens as circumstances may lead to your ports. I hope that
Your Eminent Highness will be pleased to grant it to them and
kindly receive the assurances of the profound respect with which
I am, my Lord,

Your Eminent Highnesses most humble and most obedient servant,
B. FRANKLIN.

_____

_The Grand Master of Malta to Benjamin Franklin._ (p. 092)

To His Excellency
B. FRANKLIN. Malta, 21 June, 1783.

Sir: I received with the most lively sensibility the medal which
Your Excellency sent me, and the value I set upon this
acquisition leaves my gratitude unbounded. This monument of
American liberty has a distinguished place in my cabinet.

Whenever chance or commerce shall lead any of your fellow
citizens or their vessels into the ports of our Island, I shall
receive them with the greatest Welcome, they shall experience
from me every assistance they may claim. I shall observe with
infinite pleasure any growing connection between that interesting
nation and my subjects, especially if it will tend to convince
Your Excellency of the distinguished sentiments with which I am,

Sir, Your Excellency's most affectionate servant,
The Grand Master,
ROHAN.

No. 15. (p. 093) PLATE XV.

_1784._

Benj. Franklin natus Boston. XVII Jan. MDCCVI. [Rx]. Eripuit
coelo fulmen sceptrum que tyrannis.

BENJAMIN FRANKLIN.

BENJ. FRANKLIN NATUS BOSTON. XVII JAN. MDCCVI. (_Benjamin Franklin natus Boston, 17 Januarii, 1706: Benjamin Franklin, born in Boston, January 17, 1706._) Bust of Franklin, facing the left. On edge of bust, DUPRÉ F. (_fecit_).

ERIPUIT COELO FULMEN SCEPTRUM QUE TYRANNIS. (_He drew fire from heaven and wrenched the sceptre from tyrants._) A genius pointing with his right hand to a lightning-rod attracting the electric spark, and with his left to a broken crown and sceptre at his feet. Exergue: SCULPSIT ET DICAVIT AUG. DUPRÉ ANNO MDCCLXXXIV. (_Sculpsit et dicavit Augustinus Dupré, anno 1784: Engraved and dedicated by Augustin Dupré, in the year 1784_).[56],[57]

[Footnote 56: See INTRODUCTION, pages x and xxiii.]

[Footnote 57: For original documents, see No. 16,
page 95.]

BENJAMIN FRANKLIN was born in Boston, January 17, 1706. He began life as an apprentice to his brother, a printer; went to England to follow his trade, but ultimately settled in Philadelphia in 1726, where he edited the "Pennsylvania Gazette," and in 1732 began the publication of "Poor Richard's Almanac." He founded the first fire company in 1737, and soon afterward the first fire insurance company. In 1752 he discovered the identity of lightning and the electric fluid, and invented the lightning-rod. In consideration of his brilliant services to science, the degree of LL. D. was conferred upon him by the university of Oxford in 1762. Benjamin Franklin was a member of the Continental Congress, 1775-1776; a signer of the Declaration of Independence, and one of the commissioners to France, 1776-1785. He signed the offensive and defensive treaty with France, in Paris, (p. 094) February 6, 1778; and the definitive treaty of peace with England, September 3, 1783. He was governor of Pennsylvania, 1786-1788; and died in Philadelphia, April 17, 1790. Congress ordered a mourning of four months, and the National Assembly of France, on the proposal of Mirabeau, seconded by Monsieur de la Rochefoucauld and General de la Fayette, went into mourning for three days. Turgot composed in his honor the celebrated latin verse: _Eripuit coelo fulmen sceptrum que tyrannis_.

No. 16. (p. 095) PLATE XVI.

_1786._

Benj. Franklin natus Boston. XVII Jan. MDCCVI. [Rx]. Eripuit
coelo fulmen sceptrum que tyrannis.

BENJAMIN FRANKLIN.

BENJ. FRANKLIN NATUS BOSTON. XVII JAN. MDCCVI. (_Benjamin Franklin, natus Boston, 17 Januarii, 1706: Benjamin Franklin, born in Boston, January 17, 1706._) Bust of Franklin, facing the left. On edge of bust, DUPRÉ F. (_fecit_).

Within a crown of oak: ERIPUIT COELO FULMEN SCEPTRUM QUE TYRANNIS. (_He drew fire from Heaven and wrenched the sceptre from tyrants_). Exergue: SCULPSIT ET DICAVIT AUG. DUPRÉ ANNO MDCCLXXXVI. (_Sculpsit et dicavit Augustinus Dupré, anno 1786: Engraved and dedicated by Augustin Dupré, in the year 1786_).[58]

[Footnote 58: See INTRODUCTION, pages x and xxiii.]

_____

ORIGINAL DOCUMENTS.

_William Short to Thomas Jefferson._

To the Honourable
Thomas JEFFERSON, Paris, June the 14th, 1790.
Secretary of State.

Sir: On the news of Dr. Franklin's death being received here, the
National Assembly decreed that they would go in mourning for
three days--and that the President should write to Congress to
notify to them the part they take in the melancholy event. A kind
of enthusiasm has spread also through the different parts of the
capital--different societies and bodies have shown their adhesion
to the sentiments of the National Assembly in different ways.

I am, etc.,
Wm. SHORT.

_____

_Thomas Jefferson to the President of the National Assembly of (p. 096) France._

To Philadelphia, March 8th, 1791.
THE PRESIDENT OF THE NATIONAL ASSEMBLY OF FRANCE.

Sir: I have it in charge from the President of the United States
of America to communicate to the National Assembly of France the
peculiar sensibility of Congress to the tribute paid to the
memory of Benjamin Franklin, by the enlightened and free
Representatives of a great nation, in their decree of the 11th of
June, 1790.

That the loss of such a citizen should be lamented by us, among
whom he lived, whom he so long and eminently served, and who feel
their country advanced and honoured by his birth, life and
labours, was to be expected, but it remained for the National
Assembly of France to set the first example of the Representative
of one nation doing homage by a public act to the private citizen
of another, and by withdrawing arbitrary lines of separation, to
reduce into one fraternity the good and the great, wherever they
have lived or died.

That these separations may disappear between us in all times and
circumstances, and that the union of sentiment, which mingles our
sorrows on this occasion, may continue long to cement the
friendship and the interests of our two nations is our constant
prayer. With no one is it more sincere than with him, who in
being charged with the honour of conveying a public sentiment, is
permitted that of expressing the homage of profound respect and
veneration with which he is,

Sir, your most obedient and humble servant,
Th: JEFFERSON.

No. 17. (p. 097) PLATE XVII.

_September 23, 1779._

Joanni Pavlo Jones classis præfecto. Comitia Americana. [Rx].
Hostivm navibvs captis avt fvgatis.

CAPTAIN JOHN PAUL JONES.

[_Capture of the Serapis._]