Republic of Texas Treaty
Kingdom of the Nederlands
18th day of September 1844
BY THE PRESIDENT OF THE REPUBLIC OF TEXAS.
To all and singular to whom these presents shall come, Greeting: .
Whereas, a Treaty of Amity, Commerce and Navigation, between the Republic of Texas and His Majesty the King of the Netherlands was concluded and signed by the Plenipotentiaries of the two countries, at the Hague, on the 18th day of September, one thousand eight hundred and forty, which treaty is, word for word, as follows: .
The Republic of Texas and His Majesty the King of the Netherlands, desiring to regulate the relations of Commerce and Navigation between the two countries, and to consolidate and protect their mutual interest by means of a Treaty of Friendship, Commerce and Navigation, have appointed Plenipotentiaries for that purpose, namely: The President of the Republic of Texas, James Hamilton, Esquire; and His Majesty the King of the Netherlands, John Gisbert Baron Verstolk de Soelen, Member of the Body of Nobles of the Province of Holland, Knight Grand Cross of the Orders of the Netherland Lion, of Saint Stephen of Hungary, of Nichan Istihar of the Ottoman Porte, of Christ of Portugal, of Charles III. of Spain, and of the Crown of Wertemberg, His Minister of State, holding the Department of Foreign Affairs:who, after exchange of their respective full powers, found in good order, have agreed upon the following articles:
There shall be a firm and sincere friendship between the Republic of Texas and His Majesty the King of the Netherlands, his heirs and successors, and between the citizens and subjects of the two states, without exception of persons and places.
There shall be reciprocal liberty of commerce and navigation between and amongst the subjects of His Majesty the King of the Netherlands and the citizens of the Republic of Texas, and the said subjects and citizens respectively shall not pay in the ports, harbors, roads, cities towns or places whatsoever in either of the two countries, any other or higher duties, taxes or imposts, under whatsoever names designated or included, than those which are there paid by the subjects of the most favored nation; and the subjects and the citizens of both contracting parties shall enjoy the same rights, privileges, liberties, favors, immunities and exemptions in matters of commerce and navigation, that are granted or may hereafter be granted in the states of either of the two contracting parties to the subjects of the most favored nation.
The inhabitants of both countries, respectively, shall enjoy lib erty and security to proceed with their ships and cargoes, to ail places, ports and rivers where other foreigners are at present or shall be in future admitted, and to remain and reside in any part of the said possessions and states, and also to hire and occupy houses and warehouses for the purpose of their trade. In like manner the ships of war of both countries respectively shall have the same liberty freely and securely to touch at all ports, rivers and places where the ships of war of any other nation are permitted or shall in future be permitted to enter; subject however to the laws and statutes of the respective countries. In the right mentioned in this ARTICLE to enter all places, ports and rivers is not included that of trading from port to port, nor the coasting trade, (cabotage,) which is allowed only to national vessels.
Vessels of His Majesty the King of the Netherlands arriving at or sailing out of the ports of Texas, and vessels of the Republic of Texas on their entry into the ports of the Netherlands, shall not be subject to other or higher duties of tonnage, of light money, port charges or pilotage, quarantine, or any other affecting the body of the vessel, than those which are paid, or shall be paid, by the vessel of the country itself.
Goods and merchandize, whatever their origin may be, im ported into or exported from the ports of the Netherlands in Europe from or into the ports of the Republic of Texas, in vessels of the Netherlands, shall pay no higher or other duties than shall be levied on the like goods and merchandize so imported or exported in national vessels.
And reciprocally, goods and merchandize, whatever their origin may be, imported into or exported from the ports of the Republic: of Texas, from or into the ports of the Netherlands in Europe, in vessels of the said Republic, shall pay no higher or other duties than shall be levied on the like goods and merchandize so imported, or exported, in national vessels.
The bounties, drawbacks, or other favors of this nature which may be granted in the states of either of the contracting parties, on goods imported or exported in national vessels, shall also and in like manner be granted on goods directly imported or exported in vessels of the other country, to and from the ports of the two countries, it being understood that in the latter as in the preceding case, the goods shall have been loaded in the ports from which such vessels have been cleared.
No duty of customs or other impost shall be charged upon any goods the produce of one country, upon importation, higher than the duty or impost charged upon goods of the same kind the produce of or imported from any other country: and His Majesty the King of the Netherlands and the Republic of Texas do hereby bind and engage themselves not to grant any favor, privilege or immunity in matters of commerce and navigation to the subjects of any other state which shall not be also and at the same time extended to the subjects and citizens of the other contracting party, gratuitously if the concession in favor of that other state shall have been gratuitous, and on giving as nearly as possible the same compensation or equivalent in case the concession shall have been conditional. In such a case the matter will be made the object of a particular convention between the contracting parties. The Dutch spirituous liquors shall not be subjected to higher duties than those of the most favored nations.
The contracting parties agree to consider and treat respectively as vessels of the King of the Netherlands, and as vessels, of the Republic of Texas, all such as being furnished by the competent authority with a passport or sea letter, shall under the then existing laws and regulations be recognized as national vessels by the country to which they belong.
The subjects of His Majesty the King of the Netherlands in the Netherlands colonies, and the products of those colonies shall enjoy in Texas all the advantages which are, or shall be granted to the most favored nations.
Reciprocally the citizens and products of Texas shall enjoy in the colonies of His Majesty the King of the Netherlands all the advantages which are or shall be granted to the most favored nations of Europe and America.
All traders, shipmasters and other subjects of his said Majesty shall have full liberty in the Republic of Texas to conduct their own business themselves or to entrust the management thereof to whomsoever they may choose, either ship agent, brokers, agent or interpreter, and they shall not be obliged to employ other persons for that purpose, or to pay them higher salaries or remuneration than in similar cases are employed or paid by 'natives. In like manner buyer and seller shall be at full liberty in all cases to regulate and fix at their option, the price of imported or exported goods and merchandize of whatever kind, conforming themselves to the established laws and customs of the country. The same privilege shall be enjoyed under the like conditions by the citizens of Texas in the possessions of His Majesty the King of the Netherlands.
In all what relates to the police of the ports, to the loading and unloading of ships, and the security of goods, merchandizes and wares, the subjects and citizens of the contracting parties reciprocally shall be subject to the laws and local regulations of the country where they reside.
They shall be free of all forced military service, by land or by sea, no forced loans shall exclusively be imposed upon them, and their property shall 'be subject to no other charges, demands or tax, than what is paid by the natives of the country itself.
The subjects and citizens of the contracting parties shall reciprocally enjoy the most complete and constant protection with respect to their persons, houses and property. They shall have a free and ready access to the courts of justice, for the prosecution and defence of their rights. They shall be at liberty to employ the advocates, attorneys or agents of whatever denomination, whom they may choose, and in general in the administration of justice, and also with regard to all that concerns the inheritance of personal property, by will or otherwise, and the faculty of disposing either by sale, gift, exchange, will or any other manner, of personal property, they shall enjoy the same privileges and freedoms as the natives of the country where they reside: and in neither of these cases or circumstances shall heavier taxes or charges be imposed on them than are imposed on the natives.
The subjects of His Majesty the King of the Netherlands, residing in the Republic of Texas, shall not be in any way molested on account of their religion; it being understood that they on their part shall respect that of the country, together with its constitution, laws and customs. They shall also have the privilege of interment in the places set apart for that purpose for the subjects of His Majesty dying in the Republic of Texas, and the funerals and burying grounds shall in nowise be molested under any pretext.
The citizens of Texas in all the possessions of His M1ajesty shall have the free exercise of their religion, whether in public or in private, in their own dwellings or in edifices destined for public worship, and all and everything according to the principle of universal toleration established by the fundamental law of the kingdom.
With a view of greater security in the intercourse between the subjects and citizens of the two contracting parties, it is moreover agreed, that should at any time the friendly relations that now exist between them be disturbed, the merchants that reside on the coast shall be allowed six months, and those that reside inland a full year to arrange their affairs and to dispose of their property, and they shall also receive safe conduct to embark in whatever port they may choose.
All the other subjects and citizens residing in the respective territories, for the exercise of any traffic or special business, shall have the privilege to remain, and continue such traffic without being in any manner disturbed in the complete enjoyment of their liberty and of their property, so long as they shall conduct them selves peaceably, and not commit any offence against the laws of the country, their property and effects of whatever nature shall not be subject to seizure or sequestration, nor to any charge. or imposition than such as occur with respect to natives.
It is further agreed between the two contracting parties, that the Consuls and Vice Consuls of His Majesty the King of the Netherlands, in the ports of Texas, and reciprocally those of the Republic of Texas within the dominions of His Majesty the King of the Netherlands in Europe, shall enjoy all those rights, privileges and immunities which are accorded to such functionaries by the law of nations, and that in the ports of each country respective ly the authorities shall give all due legal assistance and protection, for the apprehension, safekeeping and delivery of all deserters from private or public vessels of either country, as the case may be; and all the powers and privileges given by the contracting par ties to other nations, shall belong to both, reciprocally, as it regards the apprehension, safekeeping and delivery of such deserters.
In case of average or of shipwreck, the like protection and assistance shall reciprocally be afforded to the vessels of the two contracting parties, as are enjoyed by the vessels of the country in which the accident occurs.
Should one of the contracting parties be at war it shall be al lowed to the subjects or citizens of the other to prosecute their commerce and navigation with the exception only of contraband goods, and of such places as are actually under seige, or are blockaded by billigerent powers with a force adequate to prevent the neutral from entering.
By contraband shall be understood guns, mortars, firearms, pistols, bomb shells, grenades, shot, muskets, flints, matches, powder, shields, pikes, swords, accountrements, pouches, saddles, bridles, &c., except such quantities of these articles as are necessary for the defence of the vessel and the crew.
In cases where a merchant ship of one of the contracting parties may be searched by a ship of war of the other, it is agreed that the search shall only be made by a boat manned with at most six men, that the master of the merchant vessel shall not be obliged to quit his ship, and that the papers shall not be taken from on board.
If the merchant vessel is under convoy of a ship of war, no search shall take place, and the assurance of the commandant of the convoy on his word of honor that the merchant vessel has no, contraband on board shall be held sufficient.
In the ports of the neutral party, the vessel of war of the other,, and the prizes which she carries in there, shall meet with all that aid and protection which are compatible with the law of nations..
In case the contracting parties should at any time mutually be' at war with a third power, it is stipulated that the ships of war of the one party shall convoy the merchant vessels of the other as often as they hold the same course; that the prizes made by the ships of war of the one, shall be admitted in the ports of the other, and may be sold there, after legal adjudication, and that in case of recapture by the one of prizes made on the other by the enemy, the same shall be restored to the original owner, deducting in favor of the vessel recapturing not more than oneeighth of the value, in case the recapture was made by a ship of war, or of onesixth if made by a privateer.
The present treaty shall be in force for the term of eight years, commencing three months after the exchange of the ratifications. and further until the end of twelve months, after either of the contracting parties shall have given to the other notice of its intention to terminate the same: each of the contracting parties re serves to itself the right of giving such notice to the other after the expiration of the said term of eight years: and it is hereby mutually agreed that in case of such notice, this treaty and all the provisions thereof shall, at the end of the said twelve months, altogether cease and determine.
The present treaty shall be ratified, and the ratifications shall be exchanged at the Hague, within nine months of its date, or sooner if practicable.
In witness whereof, the respective Plenipotentaries have signed the same, and have affixed thereto the seals of their arms. Done at the Hague, this eighteenth day of September, in the year of our Lord one thousand eight hundred and forty.
J. HAMILTON. [L. S.] .
VERSTOLK VAN SOELEN. [L. S.] .
And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at the Hague, on the fifteenth day of June, one thousand eight hundred and forty-one, by the duly authorized Plenipotentiaries of their respective governments: .
Now, therefore, be it known, that I, SAM. HOUSTON, President of the Republic of Texas, have caused the same to be made public, to the end that every clause and article thereof may be ob served and fulfilled with good faith by the Republic of Texas, and the citizens thereof. .
In witness whereof, I have hereunto signed my name and caused the great seal of the Republic to be affixed. .
Done at the town of Washington, this fourth day [L. S.] of January, in the year of our Lord one thousand eight hundred and forty-three, and of the Independence of Texas the seventh. .
SAM. HOUSTON. .
By the President: .
ANSON JONES, .
Secretary of State. .