Article 1 states "that the French shall continue in that quarter where they are established at this present, and that they shall inhabit the entire side which faces Anguilla."
Article 2 states "that the Dutch shall have the quarter of the fort and the grounds surrounding it on the south coast."
What seemed important at the signing of the Treaty was the content of Article 3: "That the French and the Dutch established on the said island shall live as friends and allies,", and Article 5 "that the chase, fisheries, the salt pans, the rivers, the lakes, the fresh waters, the dye-wood, mines and minerals, harbours and roadsteads, and other commodities of the said island shall be common, and shall serve to provide the wants of the inhabitants."
In fact, everything besides the land was to be owned in common by both nations and used by the inhabitants of the island. This article has determined the unique customs on this island, which can be identified as Siamese twinship, separate bodies but a major connection. In the case of Saint-Martin, it is a vital connection, the application of which is seen in the fact that a resident of this island can work and live on either side without being illegal. This specific work situation has been observed throughout the years in a de facto manner.
The American dollar has been adopted by islanders as the common currency on both sides Goods may circulate from one side to the other without any control. Saint-Martin has been living a "free market" situation since 1648 as part of its customary laws, and as such has functioned like a commonwealth of nations and peoples with friendliness, assistance on the one hand, and honesty, respect for the customs of the land on the other hand, as its foundation.
However, although Article 7 states that each party should assist one another in case of attack by an enemy, there was times when rivalry aroused for economic reasons between both sides, and when political or religious standpoints disrupted the friendship momentarily.
Yet, the spirit of the Treaty always prevailed, and on many occasions, during English attacks, the inhabitants from one side could find refuge on the other side. Actually the non-compliance of Article 7 originated essentially from the desire of the Dutch to protect themselves and their possessions from English invasions through the French side. Fort Louis was in bad condition and there was no garrison to protect the inhabitants. Consequently, the violation of Article 7 may not be viewed as a breach of that Treaty but as an intention to protect the entire island.
The 1648 Treaty is not just an administrative document or a symbol, since it is the source of the islanders' customary laws by which the inhabitants lived throughout the years. Prior to the 1980s, we were a society without thieves, without beggars and without murderers. The island was clean and the people was friendly. This is why the slogan "Friendly Island" has typified the success story of the people of this dual nation island.
We were a society
- where generosity played a major role: there was always someone to give you something you were in need of;
- where solidarity was a basic quality: everyone was his neighbour's keeper. Everyone protected his neighbour. Homes were not locked and car keys were only used to start the engine;
- where community-mindedness created a feeling of interrelatedness: jollification was a common practice whereby friends and family helped to build the family home on Sundays and the women prepared the meals for the day;
- where honesty was a necessary complement to generosity, solidarity and community-mindedness;
- where tolerance made our society one of the most cosmopolitan society in the Caribbean without social and racial conflicts;
- where respect for each other created the friendly atmosphere which dominated the relationship between both sides of the island.
This is the way Saint-Martiners lived for more that 350 years on this island: a climate of social peace. This is the foundation of our society and culture.
Daniella JEFFRY
04.11.2008