The Diplomatic Correspondence of the American Revolution Volume V Part 39

One of the most brilliant events, which has yet been produced by the American Revolution, is the following Treaty of Marine, concluded at Copenhagen, the 28th of June, 1780, old style, between her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, for the maintenance of neutral mercantile navigation, and in which his Majesty, the King of Sweden, as well as their High Mightinesses, the States-General of the United Provinces, have taken part and acceded, and which has been signed respectively, at St Petersburg, the 21st of July, 1780, and the 5th of January, 1781.

TREATY OF MARINE BETWEEN RUSSIA AND DENMARK.

"As by the war by sea, which has actually broken out between Great Britain, on one side, and France and Spain on the other, the commerce and the navigation of neutral powers suffer considerable damages, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, in consequence of their a.s.siduous attention to unite their proper dignities, and their cares for the safety and the well being of their subjects, from the regard which they have so often testified for the rights of nations in general, have found it necessary, in the present circ.u.mstances, to determine their conduct according to those sentiments.

"Her Majesty, the Empress of Russia has, by her declaration, dated the 28th of February, 1780, to the belligerent powers, exposed to light, in the face of all Europe, the fundamental principles, which spring from the original law of nations, which she claims, and which she adopts as a rule of her conduct in the present war. As this attention of the Empress, to watch over the reciprocal rights of nations, has united the suffrages of all the neutral powers, so she has engaged herself in it, as an affair, which concerns the most essential of her interests, and she has carried it to that length, that we may seriously consider it as a subject worthy of the times present and to come, considering that it is to bring into one system, and establish permanently, the rights, prerogatives, and engagements of neutrality.

"His Majesty, the King of Denmark and of Norway, convinced of these principles, has likewise established and demanded them in the declaration of the 8th of July, 1780, which he has caused to be presented, as well as that of Russia, to the belligerent powers; and to give them support, he has caused to be equipped a part of his fleet. From hence has arisen the harmony and unanimity, with which her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, have judged necessary, by a reciprocal friendship and confidence, and conformably to the interests of their subjects, to confirm these common engagements, to be concluded by a formal convention. In this view, their said Imperial and Royal Majesties have chosen and named for their Plenipotentiaries, viz. her Majesty, the Empress of Russia, M. Charles Van Osten, named Saken, present Counsellor of State, Knight of the Order of St Anne, Minister Plenipotentiary of her said Majesty to the Court of Denmark, &c. &c.; and his Majesty, the King of Denmark and of Norway, M. Otton, Count de Thott, Privy Counsellor, Knight of the Order of the Elephant, &c.; M.

Joachim Otton de Schack-Reventlaw, Privy Counsellor, Knight of the Order of the Elephant, &c.; M. Jean Henri d'Eichstedt, Privy Counsellor, Governor of his Royal Highness, the Hereditary Prince, Knight of the Order of the Elephant, &c.; and M. Andre Pierre, Count de Bernstorff, Privy Counsellor, Secretary of State of the Department of Foreign Affairs, Director of the Royal German Chancery, and Knight of the Order of the Elephant, &c.; who, after having exchanged their full powers, which are found in good and due form, have agreed and resolved upon the Articles following.

"ARTICLE I. That their said Majesties have sincerely resolved to maintain constantly the most perfect friendship and concord with the powers actually engaged in the war, and to observe the most scrupulous neutrality; that they declare, in consequence, to hold themselves exactly to this, that the prohibition to carry on commerce of contraband with the powers actually at war, or with those, who may in the sequel be engaged in it, shall be strictly observed by their subjects.

"ART. II. To avoid all error and misunderstanding concerning the subject of the name of contraband, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and Norway declare, that they acknowledge only as effects of contraband, those which are comprehended in the treaties subsisting between the said Courts, and one or the other of the belligerent powers.

"Her Majesty, the Empress of Russia, conforms herself entirely to the tenth and eleventh articles of her treaty of commerce with Great Britain, and extends also the engagements of this treaty, which are entirely founded upon natural law, to the Crowns of France and Spain, which at the date of the present convention, have no treaty of commerce with her empire. His Majesty, the King of Denmark and Norway conforms himself, on his part, princ.i.p.ally to the second article of his treaty of commerce with Great Britain, and to the twentysixth and twentyseventh articles of his treaty of commerce with France, and extends also the engagements of this latter to Spain, considering that he has not with this last Crown any treaty, which determines any conditions upon this subject.

"ART. III. As by this means the contraband is determined and fixed, conformably to special treaties and conventions subsisting between the high contracting parties and the belligerent powers, and princ.i.p.ally in the treaty between Russia and Great Britain, of the 20th of June, 1766, as well as by that between Denmark and Great Britain, dated the 11th of July, 1670, and by that concluded between Denmark and France, the 23d of August, 1742, the will and intention of her Russian Imperial Majesty, and his Majesty the King of Denmark and Norway are, that all other commerce shall be, and remain free.

"Already their Majesties, in their declarations presented to the belligerent powers, have grounded themselves upon the general principles of the law of nature, from whence are derived the liberty of commerce and of navigation, the rights of neutral nations, and have resolved to depend no longer upon the arbitrary interpretations, that partial advantages and momentary interests may dictate. In this view, they have agreed upon the following articles.

"1. That it shall be lawful for every vessel to navigate from one port to another, and upon the coasts of the belligerent powers.

"2. That the effects belonging to the subjects of the belligerent powers shall be free upon neutral vessels, except merchandises of contraband.

"3. That to determine what ought to be held a port blocked, that alone can be considered as such, in which the vessels, which would enter, shall be exposed to an evident danger, by the force, which with this view attacks it, and by its vessels, which shall have taken a station sufficiently near.

"4. That neutral vessels may only be stopped for just causes, and upon evident proofs; that, without loss of time, right shall be done them, and the procedures shall be always uniform, prompt, and according to the laws; and that every time, besides reparation to those who shall have suffered without cause, there shall be also given a complete satisfaction for the insult committed against the flags of their Majesties.

"ART. IV. To the end to protect the general commerce of their subjects, supported by the fundamental rules above laid down, her Majesty, the Empress of all the Russias, and his Majesty, the King of Denmark and Norway, have thought fit, each one in particular, in order to obtain these ends, to equip a proportional number of vessels of war and frigates. The squadron of each one of these respective powers shall be stationed in a certain lat.i.tude, and shall be employed in convoys, according to the exigence of the case, in which the commerce and the navigation of each nation may be.

"ART. V. If the merchant ships of one of the contracting powers shall be in a part of the sea where the ships of war of their own nation are not stationed, and, for this reason, cannot enjoy their protection; in that case, the commander of the vessels of war of the other power, being thereto required, shall grant them, with good faith and sincerity, the necessary a.s.sistance; and in this case, the vessels of war and frigates of one of the two powers, shall protect and support the merchant vessels of the other; provided, nevertheless, that, under the shelter of the protection demanded, there be not exercised any prohibited commerce, contrary to the laws adopted by the neutrality.

"ART. VI. The present convention cannot be retroactive, and, by consequence, we cannot take part in differences, which have arisen before its conclusion; at least, if these affairs do not concern the violences which continue still, and which tend to oppress all the neutral nations of Europe.

"ART. VII. If, in spite of the vigilant and friendly care of the two powers, and the exact observation of the neutrality on their part, the Russian or Danish merchant vessels are insulted, or taken by the vessels of war, or privateers, of one or the other of the belligerent powers, in that case, the Minister of the party offended shall make representations to the Court, whose vessels of war or privateers shall have been guilty of this act, shall demand the restoration of the vessel taken, and shall insist upon a suitable reparation, without ever losing sight of the satisfaction for the insult done to the flag.

The Minister of the other contracting party shall second efficaciously and seriously these representations, and shall thus continue them conjointly and unanimously; but if they refuse, or put off from time to time to do right, touching such grievances, in this case, their Majesties shall make reprisals against the power which refuses to do them right, and shall unite themselves forthwith, in the most efficacious measures for this just reprisal.

"ART. VIII. If one or the other of the contracting powers, or both together, in virtue of this convention, or any other which may be made, which may have relation to it, are disturbed, molested, or attacked, it is agreed that the two powers shall act in concert, to defend themselves reciprocally, and to procure themselves, by united efforts, an entire and satisfactory reparation, both for the insult done to the flag, and for the loss caused to their subjects.

"ART. IX. This Convention is resolved and fixed for all the time that the present war shall continue, and shall serve as the basis of all the engagements which may be contracted in the sequel, according to the circ.u.mstances of the times, and upon occasion of new wars at sea, which may unfortunately trouble the repose of Europe; besides, these conditions shall be regarded as subsisting, and shall have a legal validity in the affairs both of commerce and navigation, and in the determination of the rights of neutral nations.

"ART. X. As the end and the princ.i.p.al motive of this Convention is, to a.s.sure the general liberty of commerce and of navigation, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, agree and engage beforehand, to permit that other neutral powers accede to this convention, and by taking cognizance of these principles, to partake also of the obligations and advantages of the said convention.

"ART. XI. To the end that the belligerent powers may not pretend a cause of ignorance of these said engagements between the said Courts, the high contracting parties will communicate in a manner the most friendly to all the belligerent powers these maxims, in which they have united, which measures are so much the less hostile, as they are not hurtful to any other power; but have solely for their object the safety of the commerce and of the navigation of their respective subjects.

"ART. XII. The present Convention shall be ratified by the two contracting parties, and the ratifications shall be exchanged in good form in the term of six weeks, to be computed from the signatures, or even sooner; if it may be. In faith of which we have, in virtue of our full powers, signed the present, and, sealed it with our seals. Done at Copenhagen, the nineteenth of July, 1780.

CHARLES VAN OSTEN, named SAKEN, O. THOTT, I. SCHACK REVENTLAW, A. P. COMTE DE BERNSTORFF, H. EICHSTEDT."

The ratifications of this Convention were exchanged at Copenhagen the 16th of September, 1780, by the same Ministers Plenipotentiary who signed it, and as to this end, the Ministers Plenipotentiary named to this purpose, viz. on the part of her Imperial Majesty, the Count Nikia Panin, actually Privy Counsellor, Senator, Chamberlain in Exercise, and Knight of the Orders of St Andrew, St Alexander Newsky, and St Anne, and the Count John Osterman, Vice Chancellor, Privy Counsellor, and Knight of the Orders of St Alexander Newsky and St Anne; and on the part of his Majesty the King of Sweden, the Baron Frederick Van Nalken, Envoy Extraordinary of his Swedish Majesty at the Court of her Imperial Majesty, Chamberlain, Commandant of the Order of the Polar Star, Knight of the Orders of the Sword and of St John, have signed, the 21st of July, 1780, at St Petersburg, a similar Convention, conceived in the same form, and word for word, of the same tenor with that signed at Copenhagen, except the second article, in which the stipulations of contraband being resolved and ratified, to which they are to adhere, in consequence of treaties subsisting between the Crown of Sweden and the other powers, we have to this purpose, to avoid the repet.i.tion of what has been already said, added here, literally, the said second article.

We ought further to recollect, that the two Kings, who have joined in this affair to her Imperial Majesty, have acceded as princ.i.p.al contracting parties to the treaties concluded between her Imperial Majesty and the said Courts, and have signed with their own hands upon this subject on one part and the other, an act, which has been exchanged at St Petersburg by the Ministry of her Imperial Russian Majesty.

Here follows the second article of the treaty concluded and signed at Petersburg, the 21st of July, 1780, between her Imperial Majesty and his Majesty the King of Sweden.

"ART II. To avoid all error and misunderstanding on the subject of the name of contraband, her Imperial Majesty of Russia and his Majesty the King of Sweden declare, that they acknowledge only as effects of contraband those which are contained in the treaties subsisting between the said courts and one or other of the belligerent powers."

Her Majesty the Empress of Russia conforms herself in this entirely to the tenth and eleventh articles of her Treaty of Commerce with Great Britain, and extends also the engagements of this treaty, which are entirely founded upon the law of nature, to the Crowns of France and Spain, which at the date of the present Convention have no Treaty of Commerce with her empire. His Majesty the King of Sweden refers himself princ.i.p.ally on his part to the eleventh article of his Treaty of Commerce with Great Britain, and to the tenor of the preliminary Treaty of Commerce concluded in the year 1741, between the Crowns of Sweden and France, although, in this last, the contents of contraband are not expressly determined, but as the two Powers have therein understood to consider one another as _Gens amicissima_, and that as Sweden has therein reserved the same advantages, which the Hanseatic cities enjoy in France, from the most remote times to the present. The advantages, which are comprehended in the Treaty of Utrecht, being confirmed, the King has not found anything necessary to be added. With regard to Spain, the King finds himself in the same case as the Empress, and after her example he extends to this Crown the engagements of the said treaties, wholly founded on natural law.

Their High Mightinesses, the States-General of the United Provinces of the Low Countries, have acceded the 20th of November, 1780, upon the same footing to the said Convention, and it has been signed the 5th of January, 1781, at St Petersburg, only with the addition of a thirteenth article, which with relation to command, in case of rencounter or combination of the squadrons and the vessels of war of the two parties, there shall be observed what has been the usage between crowned heads and the Republic.

I have the honor to be, &c.

JOHN ADAMS.

TO B. FRANKLIN.

Amsterdam, February 15th, 1781.

Sir,

This morning the house of Botereau & Co. of this city, presented to me sixtysix bills of exchange, drawn by Congress on the 26th day of October last, in favor of Nathaniel Tracy, of Newburyport, amounting to the sum of ten thousand pounds sterling, payable at ninety days sight. I was obliged to ask the favor of the house to wait until I could write to your Excellency, to see if you can furnish the funds to discharge the bills. Without your warranty they must be protested, for I have not yet obtained a single ducat, nor any certain a.s.surances of one.

I have at length fixed my plan, and when it shall be made certain that the war with England is to continue, the prospectus will be published and the experiment tried. Some persons think I shall get some money; but there is no certainly of it. If this people should make peace with England, which they will if they can, we shall get no money at all. I think, however, that a peace is impossible, and therefore am not without hopes of borrowing some money. I must request the honor of your Excellency's answer by the return of post, because at that time M. Botereau will expect an answer from me.

With great respect, I have the honor to be, &c.

JOHN ADAMS.

TO B. FRANKLIN.

Amsterdam, February 20th, 1781.

Sir,

Yesterday I had the honor of yours of the 12th, and will take an early opportunity to send you all the lights I can obtain, by inferences from the numbers of the bills. Those already presented, I shall accept, according to your advice.

The Duc de la Vauguyon is returned. I had the honor to make my compliments to him on Sat.u.r.day at the Hague, where I attended Dr McLane's Church on Sunday, and the Prince's review upon the parade afterwards, and where I propose in future to spend more of my time.

You need not be anxious about the result of my demand of an answer. It was a measure, to which I was advised by the Duc de la Vauguyon, and by the Count de Vergennes, and by several worthy gentlemen in the government here. It was intended to bring necessarily into deliberation a connexion with France and America, on one side, at the same time when they considered the mediation of Russia, on the other, in order to prevent their accepting the mediation without limitations.

The great city has lately faultered very much in point of firmness. I cannot but wish, that the proposition for an accession to the alliance between France and America, could have been made last week, the critical moment when it would have infallibly, I think, prevented the acceptation. But France did not think it politic to do anything against the views of Russia. But nothing but delay will come of this mediation. The United States, however, stand here in a more respectable light than in Spain. Here they are openly and candidly demanding an answer. If they receive one in the negative, it will be no more than the Republic has a right to give, and we shall lose nothing, but remain exactly where we were. If they give no answer for a year to come, the dignity of the United States is safe; that of the United Provinces will be hurt by the delay, if any. In Spain, the United States have been waiting in the person of one of their presidents, now going on three years, and have no answer. Now, I say, it is better to be open. Here the const.i.tution demanded publicity. In Spain it forbid it. But the dignity of the United States is injured more than it would have been, if the demand to that Court could have been made public. For my own part, I own, as a private citizen, or as a public man, I would not advise the United States to wait for ever, either in Spain or Holland. If it does not suit their affairs to make a bargain with us, let them tell us so candidly, and let us all go home, that at least we may not be under the necessity of calling upon your Excellency for water to drink, which had much better quench the thirst of our army.