The Diplomatic Correspondence of the American Revolution Volume IX Part 35

1st. Captain Jones freely consents, _in behalf of the United States_, to land on the Island of Texel the dangerously wounded prisoners now in his hands, to be there supported and provided with good surgeons and medicine, at the expense of the United States of America, and agreeable to the permission, which he has received from the States-General of Holland, to guard them with sentinel in the fort on the Texel, with liberty to remove them again from thence at his free will and pleasure.

2dly. Captain Pearson engages, _in behalf of the British Government_, that all the British prisoners that may be landed as mentioned in the last article shall be considered afterwards as prisoners of war to the United States of America, until they are exchanged, except only such as may in the meantime die of their wounds.

3dly. Captain Pearson further engages, _in behalf of the British Government_, that should any of the British subjects, now prisoners of war in the hands of Captain Jones, desert or abscond, either from the fort on the Texel or otherwise, in consequence of the first article, an equal number of American prisoners shall be released, and sent from England to France by the next cartel.

4thly. And Captain Jones engages, _on the part of the United States_, that if any of the prisoners who shall be landed should die while on sh.o.r.e in his custody in the fort, no exchange of them shall be claimed.

Done on board the American frigate the Pallas, at anchor in the Texel, this 3d day of October, 1779.

R. PEARSON, JOHN PAUL JONES.

THE COLLEGE OF ADMIRALTY OF AMSTERDAM TO THE STATES-GENERAL.

Amsterdam, October 8th, 1779.

High and Mighty Lords,

Captain Riemersma, commanding in the absence of Vice-Admiral Reynst, in the Road of the Texel, has informed us by message, of the entry into the said road of five vessels, viz. two French frigates, one American frigate, and two prizes made by them, under command of Paul Jones, who has addressed himself in person to said Captain Riemersma, and has asked him if he might put on sh.o.r.e the English Captains, and hire also a house for the recovery of the wounded; the said Captain demanding thereon our orders, and asking besides if he should return this visit.

On which we have answered to Captain Riemersma, that we could not grant the request made by the commander of these vessels, to put on sh.o.r.e the English Captains, nor permission to hire a house on sh.o.r.e to put his sick and wounded in; that for the rest, we suppose that the instructions received from his Most Serene Highness would enable the said Captain to comport himself suitably.

Besides, that he the Captain ought to look out, that for unloading, or in advancing further into the Roadstead than is necessary for protection from storms and other accidents, he should not contravene by his vessels the Placard of their High Mightinesses, of November 3d, 1756.

We have the honor to submit all this to the view of your High Mightinesses, hoping that our conduct will be so fortunate as to meet your approbation, &c.

_Placard of 1756, referred to in the above Letter._

"The States-General of the United Provinces, to all to whom these presents shall come, Greeting. Be it known, that having been advised that some vessels of war or foreign privateers, abusing the liberty that was granted them of resorting to and anchoring in our harbors, in case of want or accident, and of bringing with them the vessels or effects taken by them from their enemies, have undertaken to sell or dispose of their said prizes, which is directly against our intention, and may give rise to a misunderstanding between us and our neighbors, which we desire to prevent as much as is in our power, by all possible means, having considered what may best conduce to this end, we have thought good to declare, ordain and resolve as follows.

"Hereafter all vessels of war and foreign privateers, whatever they may be, which shall enter into the roadsteads, rivers and waters, of this State, shall hoist on their arrival the flag of the nation to which they belong, and not advance further into said rivers and waters, than to secure themselves from tempests and other perils, without permission of the College of Admiralty, in the district in which they may be. They shall abstain from every act which may offend or aggrieve any one, whether stranger or subject of the State, but conduct on the contrary, in said waters in a manner not to harm or give cause of complaint to any one, under penalty not only of not receiving any a.s.sistance, but also of being expelled by force. In case that any vessel of war or privateer having letters of reprisal refuse to hoist on arrival its flag, or may be in the said waters and rivers without permission of the College of Admiralty in the district where they are, the crew will be regarded and treated as pirates. All officers of vessels of war or foreign privateers, which shall enter into the mouths of rivers of this State with their vessels and prizes, or with their prizes only, shall be bound to abstain from announcing or publishing in any manner said prizes, from discharging them in whole or in part, from selling or disposing of them; but they shall keep or retain them entire, and put to sea with them, returning in the same state as when they arrived; under pain of being deprived of said prizes, which shall be seized by the officers of this State and kept by the College of Admiralty of the district, till the counsellors of said College, having taken cognizance of the fact, shall judge proper to dispose of them agreeably to the exigency of the case.

"And to the end that these orders may be better executed, all officers and masters of privateers, which shall anchor in the harbors of this State, shall be holden to give notice at the first place where they shall come, of the cause of their arrival to the officers charged by the State with the inspection of the entry of vessels, to present to said officers their commissions, and especially to declare what prizes they have made, on what nation they have made them, and in general in what their cargoes consist. Moreover the said vessels of war or privateers shall permit the said officers to put persons on board said prizes to guard them, and prevent anything from being sold or discharged contrary to the present decree, and in this manner they shall put to sea with their prizes, and depart from the harbors of this State.

"And to give more effect to our intentions, and the better to prevent all difference on this subject, we advise by these presents all the inhabitants of this State, and others who reside here, that they will have to conform to their provisions, and will be careful of taking upon themselves to purchase, accept, or take for their own account, part or the whole of any prize brought into the harbors of this State under any pretext whatever, and also of aiding or facilitating, with their persons, vessels, or boats the sale, discharge, or removal of said prizes; under penalty, not only that all the effects they shall have acquired against the present decree, (without receiving any compensation for what they have disbursed, or their arrears of wages,) shall be seized by the College of Admiralty of the District, and confiscated to the profit of whom it may concern; but also that the party shall be condemned to the payment of one thousand florins, one third of which shall be to the use of the State, one third to the informer, whose name shall remain secret, and the remaining third for the officer who shall have received the complaint.

"And in order that no person may pretend ignorance, we desire and request the Lords the Committee of Roads and the Deputies of the States of the respective Provinces immediately to announce, publish and post up the present Placard wherever need shall be, and as it is customary to practise. We enjoin moreover and command the Counsellors of the Admiralty, the Advocate of the Treasury, the Admirals, Vice-Admirals, Captains, Officers and Commandants, as also the Commissaries, and Commissioners of Search in the harbors and other places to execute and cause to be executed the present order; to proceed and cause proceedings to be had against offenders, without any connivance, favor, dissimulation or agreement; for we have thus judged necessary for the service of the State.

"Done and concluded at the a.s.sembly of their High Highnesses the States-General at the Hague, the third of November, one thousand seven hundred and fiftysix."

FROM THE COLLEGE OF ADMIRALTY OF AMSTERDAM TO THE STATES-GENERAL.

Amsterdam, October 12th, 1779.

High and Mighty Lords,

To satisfy the orders of their High Mightinesses and their resolution of the 8th of this month, wherein it has pleased them to demand our opinion and our consideration of the annexed Memorial of Sir Joseph Yorke, Amba.s.sador Extraordinary from his Majesty the King of Great Britain near the Republic, we take the liberty to answer respectfully their High Mightinesses, that we had the honor to inform them by our letter of the 8th of this month of the entry of five ships; and at the same time of the answer we had given to Captain Riemersma, commanding at that time in the Roads of the Texel, on the request that had been made to him by Captain Paul Jones, the said answer containing in substance that in the belief that these ships would depart on the first opportunity, we should not grant the debarkation and the stay on sh.o.r.e which was asked for, of two English Captains, nor permit the hiring of a house to transport the sick and wounded; and that moreover we charged the said Captain to keep watch there; that to provide that these ships should be in security and safe from storms and other accidents, would not contravene the placard of your High Mightinesses of November 3d, 1756, which we regard as the rule according to which all foreign ships of war whatever they be, and from whatever port they come, which enter into the harbors or roadsteads of the Republic ought to be treated, and as having been given with the view that the said foreign ships should put to sea with their prizes, without discharging them in whole or in part and without selling them or disposing of them in any manner; that for these reasons, it has appeared to us that the seizure of the said ships and officers and sailors would be a contravention of the said placard; that besides, humanity requires that the said ships may stay to effect any repairs of which they have need, and to procure to the sick and wounded all the alleviations necessary, for the administering of which it is expedient that they be brought on sh.o.r.e.

On which we have judged it proper to make representation to their High Mightinesses, whether it would not be proper to charge Captain Riemersma, commandant at the Roadstead of the Texel, and to give him order to permit the debarkation of the sick and wounded from said ships, to enable them to receive the most prompt a.s.sistance; which we should have already granted ourselves upon the requests, which have been addressed to us on behalf of said sick and wounded, if we could have thought we had a right to do it without the authorisation of their High Mightinesses; submitting in this respect all final determinations to their high wisdom, and to their better opinion.

Deliberating on this, the Deputies of the Province of Holland and of West Friesland have taken a copy of the above letter to be more amply communicated; and nevertheless it has been found good and determined that a copy of said letter should be put into the hands of M. de Linden de Hemme and other deputies for marine affairs to see, examine and take into consideration the opinion of the Commissioners of the respective Colleges of Admiralty, and to make report thereon to the a.s.sembly.

PERMISSION TO LAND THE SICK AND WOUNDED OF THE ENGLISH VESSELS TAKEN BY PAUL JONES.

Extract from the records of their High Mightinesses.

October 15th, 1779.

M. de Heekeren de Brantzenburg, President of the a.s.sembly, has imparted to their High Mightinesses, that he was informed by Sir Joseph Yorke, of the deplorable condition of the sick and wounded who are on board the English vessels Serapis and Countess of Scarborough, taken by Paul Jones and brought into the Texel, and who, as humanity requires, not only has not refused them accommodation, but even has procured them all the a.s.sistance and all the supplies possible, and submitted to the consideration of their High Mightinesses if it would not please them without delay to authorise the College of Admiralty of Amsterdam to have put on sh.o.r.e the said sick and wounded, to be there tended and nursed.

On which, having deliberated, it has been thought good and decreed, that without prejudice to ulterior deliberations of their High Mightinesses on the Memorial, which has been sent to them on this subject by Sir Joseph Yorke, the 8th of this month, _everything continuing in this respect in the same state_, it be written to the College of Admiralty of Amsterdam to authorise it, and it is authorised by the present resolution to permit not only that the sick and wounded, who are in said vessels, be landed or put on board a hospital ship, as soon as one can be prepared for this purpose, but besides that they be furnished by the ships of war of the Republic now in the Roadstead, with the medicines and provisions necessary, and that the surgeons of said ships of war may bestow their care in the treatment of those sick and wounded who shall be debarked. It being well understood, that by this arrangement nothing shall be accounted to be changed relative to the condition of said sick and wounded; that their High Mightinesses will not be responsible for those, who may be able to take advantage of the opportunity for escape, and that under any pretext, either to guard the prisoners or to maintain discipline, there may not be allowed to go on sh.o.r.e armed men, more than three or four, and armed only with their swords; that finally, nothing may be done in said department and dependencies but with the knowledge and under the authority of the officer commanding the vessels of the Republic, which are in the Roadstead, and of those in whose jurisdiction shall be the place where the sick and wounded may be debarked.

INSTRUCTIONS OF HOLLAND AND WEST FRIESLAND TO THEIR DEPUTIES.

Their n.o.ble and Grand Mightinesses, the Lords States of Holland and of West Friesland, in their a.s.sembly of Thursday, the 21st of October, 1779, having resolved to qualify their Deputies in the Generality to conform in the a.s.sembly of their High Mightinesses to the following advice;

They are of opinion, that they should answer the Memorial of Sir Joseph Yorke, Amba.s.sador Extraordinary and Plenipotentiary of his Britannic Majesty, presented the 8th of this month, that their High Mightinesses be informed that a short time since there entered into the Texel three frigates, viz. two French, and one styling itself American, commanded by Paul Jones, having with them two prizes, made by them at sea, named Serapis and Countess of Scarborough, designated in his Memorial.

That their High Mightinesses, having for more than a century constantly observed and manifested by successive placards, that they would not in any manner give any judgment for or against the legality or illegality of the acts of those who not sailing under these provinces make prizes at sea and bring them into the roadsteads of this country, not opening their ports to them on any other terms than for them to put in, in case of tempest, or other disasters, and obliging them to return with them to sea as they brought them in, they would not undertake to examine whether the prizes brought in by said three frigates belong to the French or to the Americans, whether they are legal or illegal, but must abandon all this to the decision of those who have jurisdiction, and that they would compel them altogether to return to sea, for that, subject here to be retaken as if they had never landed in this country, they will be judged by the proper tribunal; inasmuch as the Amba.s.sador will acknowledge himself, that he would have no less a right to reclaim them, if they belonged to English subjects, than if they were vessels of the King, which they happened to be in this case; and by consequence, this would not authorise their High Mightinesses to bring it before the tribunals of this country, any more than the person of Paul Jones.

That with respect to acts of humanity, their High Mightinesses have already manifested to the Amba.s.sador their eagerness to exercise them in regard to the wounded on board said vessels, and that they have given orders in consequence.

They would be of opinion, moreover, that they ought to answer the College of Admiralty of Amsterdam, that their High Mightinesses approve what is done; that in conformity to their placard of the 3d of November, 1756, which prohibits the overhauling and breaking up of the cargoes of prizes, for the purpose of securing them from recapture, and allowing to the captor the right of disposing of them, they persist in it also in the case of the prizes, Serapis and Countess of Scarborough; authorising said College to do what is in their power that the said five frigates depart, the sooner the better, and to take care that there be not delivered to them nor carried on board any munitions of war or naval stores, but such things only as they want in order to put to sea and reach the first foreign port, to prevent all suspicion of their equipment and arming in this country.

THE DUC DE LA VAUGUYON TO JOHN PAUL JONES.

The Hague, October 29th, 1779.

Sir,

I ought to advise you, that M. de Sartine has informed me, that he has renounced the intentions that I had been charged to communicate to you, and that you will find at Dunkirk orders for your final destination. I learn with much pleasure, that the necessary repairs of the ships, which you command, will be completed immediately, and that you have received all the a.s.sistance you could, and ought to expect. I desire very earnestly that success shall again reward your valor. No person will be more rejoiced at it than myself. Believe me, with the sincerest sentiments, &c. &c.

THE DUC DE LA VAUGUYON.

SIR JOSEPH YORKE TO THE STATES-GENERAL.