The Diplomatic Correspondence of the American Revolution Volume V Part 3

"The King, being informed of the dispositions made by the States-General of the United Provinces for complying with the reciprocity required by his regulation of the 26th of July, 1778, concerning the navigation of neutral vessels, and his Majesty, willing in consequence of these same dispositions to give a new proof of his affection to the said United Provinces, is determined to put an end to the restraints, which the commerce of their subjects have experienced in his States, to which end, the report being heard, the King being in his Council, hath ordained, and ordains as follows.

"ARTICLE I. His Majesty has revoked and revokes the decree of his Council of the 14th January, 1779, which subjected to a duty of freight the vessels of the said subjects of the States-General of the United Provinces of the Low Countries; those of the 27th of April and 5th of June, 1779, which establish a new tariff for the objects proceeding from their growth, fishery, manufacture, and commerce, and that of the 18th of September, 1779, which prohibits the entry of the cheeses of North Holland in the kingdom.

"ARTICLE II. His Majesty confirms, in favor of the said subjects of the States-General of the United Provinces of the Low Countries, the advantages conditionally promised by the dispositions of his regulation of the 26th of July, 1778, concerning the navigation of neutral vessels in time of war.

"ARTICLE III. His Majesty, willing to give to the said subjects of the States-General a signal proof of his beneficence, has ordained and ordains a rest.i.tution of the sums of money received by the overseers of his Farms, in virtue of the decrees before mentioned.

"Done in the King's Council of State, the 22d of April, 1780."

The news from the Hague of the 26th of April is, "that the deliberations of the different Provinces, which compose the Republic, have been continued these last weeks without interruption, and all the opinions are unanimously agreed upon three important objects, which make the matter of them, viz. First, the succor demanded by Great Britain; secondly, the convoys to be granted to merchant ships; thirdly, the invitation of the Empress of Russia to accede to an armed neutrality. The respective States of the seven Provinces have all been of opinion, first; to excuse themselves from giving the succors demanded. Secondly; to grant convoys to all merchant ships bearing the flag of the Republic, whatever may be their cargoes, without any other exception than that of contraband regulated by treaties. Thirdly; to accept with grat.i.tude the invitation, and to enter upon this subject into negotiation, with the Prince de Gallitzin, Envoy Extraordinary of Her Imperial Majesty.

"We learn, even that the States-General have already taken resolutions conformable to this opinion. The affair of the attack of the convoy, commanded by the Count de Byland, does not less engage the attention of the government of the Republic. The States of the Province of Holland and of West Friesland have already formed upon this subject the instruction, which they have directed their deputies to carry to the a.s.sembly of their High Mightinesses; it tends, in substance, to represent to the Court of London, 'that their High Mightinesses are by no means satisfied with the answer of Lord Stormont, given the 16th of March, to the just representations of their High Mightinesses concerning the violence done to their convoy, inasmuch as this answer only serves to cast upon them, by strained arguments, the blame of that which happened, and to represent, against all truth, their officer as having been the aggressor. That their High Mightinesses, as well to justify themselves in the eyes of all Europe, as to convince, if it is possible, Great Britain, have thought it their duty to represent further, that naval stores not being merchandises of contraband according to the express letter of the treaties, their visitation and detention, made by order, especially under the flag of their High Mightinesses, is a direct attack of their flag, as well as of their independence and sovereignty. That, as to the allegation of the treaty of 1674, made by Lord Stormont, concerning the visit of merchandises suspected, the contrary of what he advances appears in a manner the most evident, by the simple reading of the treaty. That the nature of a convoy rendering all visits unnecessary, the articles fifth and sixth of this treaty confine themselves manifestly to single ships, from which, nevertheless, they cannot in this require more than the exhibition of their sea letters, and with regard to vessels detained for an enemy's port, that of their pa.s.sports; that thus the conduct of Commodore Fielding, approved by his Majesty, implies an open violation of this treaty; by consequence, neither the orders of their High Mightinesses, nor the act of their officer charged with their execution, having done any injury to the treaties, nor any hostilities having been committed on their part, but Commodore Fielding having employed, for the execution of his orders, the force of arms against the convoy of the Republic, there does not exist the least cause of complaint on the part of his Majesty; but on the part of their High Mightinesses, they have had the most just reason of complaint, and that they ought to insist still (as their High Mightinesses do insist, in the manner the most serious,) upon a satisfaction and a suitable reparation, as well as upon the release, without further form of process, of the merchant ships and their cargoes sailing under the convoy of the Republic, detained by force and violence contrary to the tenor of treaties, and condemned by the Judge of the Court of Admiralty with the same injustice, with which they were attacked by Commodore Fielding, taken, and carried into England. That conformably to these principles, the Count de Welderen shall be charged to give a reply to Lord Stormont, and to support it the most effectually, as often as he shall judge it to be further useful, &c.'

"If, on one side, the desire of the Republic to preserve an exact impartiality in the present troubles of Europe, draws upon her the displeasure of Great Britain, on the other side, she sees an end put to those restraints which France had laid on her commerce.

"The Royal College of the Admiralty of Stockholm, has sent to all the agents and consuls, who reside in foreign countries, an ordinance, by which it is announced to all masters of Swedish ships, that necessary convoys would be given for the protection of the commerce of the subjects of this kingdom."

It is quite unnecessary for me to observe to Congress, that all these political and maritime commotions tend either to peace, or to the full employment of all the forces of our enemy, and, consequently, to our liberty and tranquillity.

The general run of speculations and of conversation throughout Europe is upon peace. It seems the general opinion, that Great Britain will not venture upon so many dangers as lie all around her. I wish I could bring myself to think so, but I confess I cannot as yet. Signal success on the part of the allies might compel them to it; but signal success in favor of the English would urge them giddily on, no one can say to what lengths.

There is a speculative article from Brussels, the 25th of April, that is worth transmitting to Congress. "The news from Holland speaks of nothing but the sensation, which the declaration of Russia has produced. The greatest part of the Provinces, which have already given their opinions upon the Memorials of Sir Joseph Yorke, to excuse themselves from furnishing England with the succors demanded, have been eager to declare, that the proposition of the Court of Russia could not be more advantageous than in the present circ.u.mstances, and that it ought to be accepted. The English party is very much disconcerted by this event, which brings forward a new order of things; this party strives to excite a fear, that the difference of the principles established by particular treaties among the neutral powers respectively and the belligerent powers, will form an obstacle to the execution of a plan so salutary, which may serve forever as a rule in this matter. We know, that among the belligerent powers, France has always thought that it was just to leave a freedom of navigation to neutral powers; it is well known, that she has a long time respected this liberty, and that if she has afterwards made regulations, which restrain that of Holland, it was because she has been forced to it, because it was very natural that she should seek to stop the vessels bound to the ports of England, when this nation made no scruple to stop those which were bound to hers. And it is well known, too, that she never took his part until after she had employed the method of representation to determine the Hollanders to protect their own commerce.

Spain appears equally determined to use no more methods of rigor and severity towards the vessels of the Republic. There is only England, who appears to oppose the general wish, and she ought to perceive, that it is her own conduct, which has brought forth the events of which she complains. If she had had more moderation and justice, the project of an armed neutrality would not have taken place.

They write from Holland; "We flatter ourselves, that the armed neutrality may contribute to accelerate peace. It appears. .h.i.therto, that it is England alone, which puts an obstacle to it, and it is difficult for her to take her part in it. We doubt not that the independence of America, which perhaps is already tacitly acknowledged by all the Courts of Europe, will be the fundamental basis of an accommodation. England at the same time will be forced to announce a pretended pre-eminence of flag, equally contrary to the laws of nations, and to the first notions of common sense. The general liberty of the seas, the re-establishment of the respective possessions in the State in which there were before hostilities, perhaps the rest.i.tution of Gibraltar to its natural masters, and the adoption of the maritime code proposed by Russia, will be most probably the necessary consequences of the peace."

I have the honor to be, &c.

JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Paris, May 3d, 1780.

Sir,

The substance of a cartel for a general exchange of prisoners, made upon the sea between France and England, has been published; it was signed at Versailles the 12th of March last, by M. le Hor, one of the princ.i.p.al clerks of the office of the Marine, authorised to this purpose by the King, and at London the 28th of the same month, by Messrs John Bell, Walter Farquharson, P. Corbett, and Robert Lulman, Commissioners of the King of England. This treaty, equally useful to the two nations, dictated by sentiments, which do honor to the powers at war, and to humanity, will it is said be distinguished by the true philosophers, who prefer a useful operation to folio volumes, which talk of morals and humanity. The most perfect equality and reciprocity is established.

"The prisoners shall be exchanged man for man, according to their rank and qualities, or for a certain number of men as equivalent, or for certain sums of money in form of ransoms. A French Vice Admiral shall be exchanged against an English Admiral, having command; a Lieutenant General against an Admiral carrying his flag at ----. A Vice Admiral, commanding a squadron, against a Rear Admiral; the Captains of ships commanding divisions, or having the rank of Brigadiers against Commodores; the Captains of ships having the rank of Colonels against Post Captains of three years standing, whose rank answers to that of Colonels; the Lieutenants of vessels commanding frigates, from twenty to fifty guns, and having the rank of Lieutenant Colonels against all other Post Captains who have the same rank; the Lieutenants of vessels of the rank of Majors against the Masters and Commanders, or Captains who are not Post Captains; all the other Lieutenants of vessels against Lieutenants without distinction; the Captains of fire ships of the rank of Captains of infantry, Ensigns of vessels of the rank of Captains of infantry, Lieutenants of frigates, or Captains of pinks, on establishment or for a campaign, and having the same rank, against Lieutenants, and in want of these, against Midshipmen; the Gardes du Pavillon against Midshipmen; the Marine officers and subalterns against those of the same denomination or of equal rank; the respective equivalent for all the ranks in men and in money, is from sixty men, or sixty pounds sterling, descending to pence, to two men, or two pounds sterling; the sailors are to be exchanged man for man, and the equivalent is one pound sterling; the same gradation is to be observed for the officers of the Marine, and officers of land forces serving as marines, and land officers not serving on board the vessels, but taken at sea, as well as the common soldiers. Every three months there shall be stated accounts of exchanges, conformable to the foregoing regulations."

They have also ascertained the price per head of the transportation of prisoners, as well as of their subsistence; they have also regulated the conditions of the exchange of officers and other prisoners made in merchant vessels, privateers, or others, which are not the King's ships. Pa.s.sengers, not being in the service of land or sea, when they shall have been taken, no matter in what vessel, shall not be regarded as prisoners, but shall be set at liberty, without being put into the accounts of exchanges, when they shall have proved that they are in the case of the exception. All persons, no matter of what denomination, who shall be shipwrecked in any vessel whatsoever, at least, if it is not in attempting to land, or in protecting some depredation upon the coast or in the islands of one or the other of the two kingdoms, shall be immediately set at liberty, and shall be furnished with the means of returning to their respective countries, as well as with clothing, if they have need of it, as soon as their situation shall be known, and the measures necessary for the purpose can be taken.

I have the honor to be, with respect, &c.

JOHN ADAMS.

FROM ELBRIDGE GERRY TO JOHN ADAMS.

Philadelphia, May 5th, 1780.

Dear Sir,

The resolutions of Congress for calling in and cancelling the two hundred millions of dollars emitted by them, have in general been well received. The depreciation is stopped, and specie, which before the pa.s.sing of the Resolves, was sold for upwards of seventy for one, is now current at sixty, and has been lately at fiftyfive. The advantage of this plan will be greatest to the landholder, inasmuch as the national debt, including certificates and foreign demands, does not now exceed five millions sterling, which is but a trifling sum compared with the 200,000,000 sterling due from Great Britain.

Another benefit resulting from it, is a supply of five millions of dollars, of the new emission, every dollar of which is equal to forty dollars of the old emission. Indeed this must be called in before that can be realised; nevertheless there is a greater demand among all ranks for continental money, than there has been since the commencement of the war, and specie is no longer h.o.a.rded by the disaffected or timid.

With respect to our resources, Congress are at present much in want of money, and it is a happy circ.u.mstance, for their economy is in proportion to their wants. The demands on the treasury are generally answered by warrants on the several States, which are careful by some means or other to discharge the drafts. The taxes are rendered very heavy, but the collection goes on, and I doubt not the army will be well fed and paid. Military stores and clothing must, however, be procured on credit in Europe, as well as a considerable loan to serve as a fund for drawing on in case of necessity. Trade and privateering are brisk, and there is a plenty of goods of every kind excepting military, but no money to purchase them. This is easily accounted for, since the whole sum in circulation, as Congress have fixed it, is only five million dollars. Our privateers and commerce have nevertheless suffered much by the cruisers of the enemy, who have the command of the seacoast.

It is much to be wished, that the Court of France would order a squadron superior to the enemy, to be stationed in some part of the United States, as the best and only means of putting a speedy end to the war. It is almost impossible to conceive the havoc, that our privateers made of the enemy's cruisers and transports, during the time that the Count d'Estaing was at Rhode Island and Charleston. But our losses at present nearly equal our captures. Indeed that very worthy officer, aware of those and other advantages, ordered the Count de Gra.s.se to be stationed at the Chesapeake, but his plan was defeated by the tempestuousness of the weather. Had the latter arrived with his squadron, Charleston would not have been besieged, and three or four of our frigates, which are now in Ashley's River, and will probably be destroyed, would have been employed in intercepting the enemy's transports.

I forgot to mention a resolution of Congress to pay off the continental certificates, according to the value of money at the time of their being respectively issued. This is but justice, and will undoubtedly be satisfactory to foreigners. Bills of exchange are now at fortyfive for one, and will be higher in consequence of the great risk of sending vessels from the Eastern States to the Southern for produce.

I am, &c.

ELBRIDGE GERRY.

TO THE PRESIDENT OF CONGRESS.

Paris, May 8th, 1780.

Sir,

The proceedings of the United Provinces of the Low Countries are at this period so much attended to by mankind, and are likely to have such extensive and lasting consequences to us as well as to Europe, that Congress will excuse my troubling them with them in detail, however dry and unentertaining they may be.

_Hague, April 30th, 1780._ "We learn that their n.o.ble and Grand Mightinesses, the States of Holland and West Friesland, have taken a resolution which had been universally adopted, and that it had been written to the Count de Welderen, Minister of their High Mightinesses at the Court of London, to there represent,

"That their High Mightinesses had been by no means satisfied with the answer given the 16th of March, by Lord Stormont, to the just representations made in the name of their High Mightinesses, by M. de Welderen, their Envoy, relative to the violences committed upon the convoy of the Republic, inasmuch as this answer by arguments dest.i.tute of all foundation, endeavors to cast the blame of what happened upon their High Mightinesses, and to make the commandant of their squadron be considered as the aggressor, which is absolutely false; that their High Mightinesses as well for their own justification in the eyes of all Europe, as to convince, as far as in their power, his Britannic Majesty of the insolidity of the answer of Lord Stormont, and with what _incredible contempt of treaties_ their convoy has been attacked, without having on their part provoked so hostile an action, have resolved in substance to represent;--That their High Mightinesses, having always held in high estimation the declaration made by his Britannic Majesty of the sentiments of affection for the Republic, flatter themselves that they have given his Majesty, during the continuance of the present troubles, convincing proofs of their esteem, and of their sincere desire to maintain and strengthen the ties of this friendship, which for so many years had not failed to secure the reciprocal prosperity of the two nations; that still animated with the same sentiments, persisting also in the same principles, and having nothing so much at heart as the quiet and undisturbed enjoyment of the rights, a.s.sured by the ancient treaties, their High Mightinesses are intimately affected, that his Majesty will consider as a provocation the necessity of that defence to which they found themselves reduced, in consequence of positive orders given by his Majesty himself, and not having been able to make their representations upon this subject attended to, see themselves obliged to declare that they can and ought to order to be convoyed by vessels of war, all the materials for ship building, which shall not be transported to the succor of the enemies of his Britannic Majesty, the said materials forming one of the princ.i.p.al articles of the free navigation and of the commerce stipulated by the treaties; but all the merchandises of contraband being nevertheless to be excepted. That the cargoes of materials for ship building not being considered as contraband by the letter of the treaties, ought not to be subjected to any visit or detention, above all when they are found under the flag of their High Mightinesses; which, nevertheless, has been done in consequence of orders given upon this subject, and cannot but be regarded as a direct and unprovoked attack of their flag, as well as of their independence and sovereignty. That as to what Lord Stormont advances in saying, that in virtue of the treaty of 1674, all merchant vessels loaded with suspected merchandises ought to be visited, to the end to excuse by this a.s.sertion the conduct of Mr Fielding, it is but a vain allegation, contradicted by the very words of the said treaty, in which, in truth, there is no mention made of suspected merchandises, but only in the third article of commodities of contraband, which are particularly enumerated. That the convoy, by its nature, rendering useless all visits, the fifth and sixth articles of the said treaty of 1674, relative to rencounters at sea, explain themselves upon the following case. We there find literally,

'That when any private vessel, subject to one of the contracting powers, shall meet in open sea a vessel of war, or other vessel provided with a commission from the other power, and that the said vessel shall not be under convoy, she shall not be held only barely to the exhibition of her sea letters to justify the property of her cargo, and this in consequence of the 8th article of said treaty, except, nevertheless, when a merchant vessel shall be destined for an enemy's port, she shall be obliged also to show her pa.s.sport, containing the list of effects which shall be on board, and to show that she is not loaded with any of the articles prohibited by the 3d article of the said treaty.'

"That, consequently, their High Mightinesses ought to conclude, that the a.s.sertion of Lord Stormont concerning the pretended exception of the said treaty, is but an extension of a regulation which he alleges for his justification, and that thus the conduct of Mr Fielding, approved by his Majesty, is a blow direct and manifest struck at the same treaty. That with regard to the property, as well as the nature of the cargo of the vessels, which were under the convoy of the Republic, Mr Fielding would have been able to have abundantly informed himself by the Count de Byland, to whom their High Mightinesses, although by no means obliged to this act of complaisance on their part, had given permission to consent to this demand, provided always, that the maintenance of the rights of the subjects of the Republic should not have suffered by it, and that, moreover, all possible moderation should be previously used. Their High Mightinesses could not do any other, than approve in all its points the conduct of Count de Byland. That thus, in contempt of all law and reason, the vessels under convoy having been taken, and the judgment of the legality of their detention sent to the decision of judges, who, as they ought not to p.r.o.nounce upon this fact but according to the regulations made by his Majesty, are ready to declare lawful the confiscation of materials of ship building. That notwithstanding this, no breach of treaties having been made, either by the orders of their High Mightinesses, or by the conduct of their officer charged to execute them, nor any hostility committed, but, on the contrary, Mr Fielding, in consequence of orders which he had received, having employed the violence of arms against the convoy of the Republic, it is not certainly on the side of his Majesty that there ought to exist the least right of complaint, but rather on that of their High Mightinesses, who have subjects the most lawful on which to make them, and to insist, in the strongest manner, on obtaining a suitable satisfaction and reparation, as well as the rest.i.tution of the merchant vessels and their cargoes, which, being under the convoy of the State, have been, against the faith of treaties, attacked and stopped by Mr Fielding, taken and carried into England, and against all form of justice and equity, so unjustly condemned by the Judges of the Admiralty; and that, finally, M. de Welderen shall be charged to conform himself to the aforesaid instructions, to demand a positive answer upon this subject from Lord Stormont, and to do upon this object all that he shall judge suitable to the circ.u.mstances, in employing to this effect his good offices and all the efforts of the strictest duty."

Their High Mightinesses have also taken the following resolution.

"Having received a letter from the representative of His Most Serene Highness, and from the directors of the general and granted Company of the West Indies, committees of the respective chambers to the a.s.sembly of ten, sitting at Amsterdam, written from that city the 18th of this month, and whereof the contents are, that in consequence of, and to the end to satisfy the resolution of their High Mightinesses of the 12th precedent, containing their report upon the pet.i.tion of divers merchants and proprietors of ships residing in this country, and trading with the West Indies; shewing, thereby, to their High Mightinesses, how it was prejudicial to the commerce and navigation of this country;

'1st. That when the vessels of other European nations transport to the Colonies of this State, situated in the West Indies, and princ.i.p.ally at St Eustatia, merchandises, without paying the duties of lest and of recognition, that the pet.i.tioners and other inhabitants of the Republic, going from the ports of this country, were, nevertheless, obliged to pay to the West India Company;

'2dly. That if the said foreign vessels should enjoy an advantage so notable, as to transport from America, even the merchandises and productions of the country, in the ports of their habitation or others situated in Europe, and without the limits of this Republic, without paying any duty of lest or of recognition, while, nevertheless, the pet.i.tioners see themselves not only obliged in going there and returning to pay these duties to the West India Company, but also to engage themselves under caution, not to return into any port of Europe except those of this State. They pray that a remedy may be provided for this inconvenience;'

"Upon which having deliberated, it has been thought proper, conditionally, and until a final decision of their High Mightinesses, that it should be determined by these presents, that foreign European vessels, importing merchandise of any sort to the islands of this State in the West Indies, without having acquitted the sums due in this country for the duties of lest and of recognition, shall be subjected and obliged, after their arrival, to there pay exactly all the duties, without exception, which the vessels of the Republic are held to discharge before their departure from Europe; finally, that conditionally, and until after an ulterior disposition of their High Mightinesses, it should be seriously forbidden to these foreign European vessels, to load in the Colonies of the State, merchandises, except under the same obligations and restrictions imposed upon ships of the Republic, to wit, to sail only from, and to return to the ports of this country, and paying the same duties of lest, and sale, and recognition, which the ships of the inhabitants of the State are obliged to pay, on returning to the said ports of the Republic."