Part 34

We ought further to recollect, that the two Kings, who have joined in this affair to her Imperial Majesty, have acceded as principal 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 principally 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.

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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 assurances 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.

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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 Saturday 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 constitution 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.

I should be very much obliged to you for a copy of the replication of the two Imperial Courts, and of the new proposition of the Court of London, of which I have only had a confused intimation.

I have the honor to be, &c.

JOHN ADAMS.

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TO THE DUC DE LA VAUGUYON.

Amsterdam, March 1st, 1781.

Sir,

As Friesland has taken the Provincial Resolution to acknowledge the independence of America, it seems to be high time for me to prepare for the execution of my instructions from Congress of the 16th of August, which I had the honor to communicate to you on the 25th of November, and which had been previously communicated to the Minister of Foreign Affairs at Versailles.

From these instructions it appears, that His Most Christian Majesty had made, by his Minister, to Congress, a tender of his endeavors to accomplish a coalition between the United Provinces of the Netherlands and the United States, and that this tender was accepted by Congress as a fresh proof of his Majesty's solicitude for their interests.

By another Resolution, I am instructed to propose a Treaty of Alliance, between His Most Christian Majesty, the United Provinces of the Netherlands, and the United States of America, having for its object and limited in its duration to the present war with Great Britain, and conformed to the treaties subsisting between His Most Christian Majesty and the United States.

The system of operations was thus settled at Philadelphia between the King, by his Minister, and the Congress, and for obvious and wise reasons, the Minister of Congress at the Hague was to make the proposition to their High Mightinesses, and the Ambassador of his Majesty was to countenance and support it either publicly or privately, as he should judge proper, until the States-General should listen to it, so far as to enter into the negotiation.

In pursuance of these propositions, it seems to be necessary for me to go to the President of their High Mightinesses, and without offering him anything in writing, to make him the proposition, in the words of the enclosed project, or others equivalent.

Friesland has taken so decided a part, and the other Provinces, especially Holland, are animated with such a spirit, that I cannot but flatter myself such a proposition would now run with rapidity through the seven Provinces, and contribute very much to accelerate the period of this bloody and ruinous war.

I have the honor to request your Excellency's sentiments upon the subject, and to be, with the most sincere and inviolable attachment, your Excellency's most obedient and most humble servant,

JOHN ADAMS.

* * * * *

A MEMORIAL TO THE STATES-GENERAL.

To their High Mightinesses, the States-General of the United Provinces of the Low Countries.

High and Mighty Lords,

The subscriber, a Minister Plenipotentiary from the United States of America, has the honor to lay before your High Mightinesses, as one of the high contracting parties to the Marine Treaty, lately concluded, relative to the rights of neutral vessels, a resolution of Congress of the 5th of October last, concerning the same subject.

As the American revolution furnished the occasion of a reformation in the maritime law of nations, of so much importance to a free communication among mankind by sea, the subscriber hopes it may not be thought improper that the United States should become parties to it, entitled to its benefits and subjected to its duties. To this end, the subscriber has the honor of requesting that the resolution of Congress may be taken into the consideration of your High Mightinesses, and transmitted to the Courts of Russia, Sweden, and Denmark.

The subscriber begs leave to subjoin, that he should esteem it one of the most fortunate events of his life, if this proposition should meet with the approbation of your High Mightinesses, and the other powers who are parties to the neutral confederacy, and he be admitted, as the instrument of pledging the faith of the United States to the observance of regulations, which do so much honor to the present age.

The Hague, March 8th, 1781.

JOHN ADAMS.

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TO THE PRINCE DE GALLITZIN, MINISTER OF THE EMPRESS OF RUSSIA.

Leyden, March 8th, 1781.

Sir,

I have lately received from Congress, as one of their Ministers Plenipotentiary, their resolution of the 5th of October last, relative to the rights of neutral vessels, a copy of which I do myself the honor to enclose to your Excellency, as the Representative of one of the high contracting parties to the Marine Treaty, lately concluded concerning this subject. As I am fixed by my duty for the present to this part of Europe, I have no other way of communicating this measure of Congress to the Northern Courts, but by the favor of their Ministers in this Republic. I must, therefore, request of your Excellency, if there is no impropriety in it, to transmit the resolution to the Minister of Foreign Affairs of her Imperial Majesty.

Your Excellency will permit me to add, that I should esteem myself very fortunate to be the instrument of pledging, in form, the faith of the United States of America to a reformation in the maritime law of nations, which does so much honor to the present age.

I have the honor to be, &c.

JOHN ADAMS.

Transcripts of the above letter were sent on the same day to the Baron de Sapherin, Envoy of the King of Denmark at the Hague; and to the Baron d'Ehrenswerd, Envoy of the King of Sweden at the same place.

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TO M. VAN BERCKEL, FIRST COUNSELLOR PENSIONARY OF THE CITY OF AMSTERDAM.

Leyden, March 8th, 1781.

Sir,

I have the honor to enclose a Resolution of Congress of the fifth of October last, and to inform you, that I have this day communicated it to their High Mightinesses, the States-General, and to the Ministers of Russia, Sweden, and Denmark, at the Hague.

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

JOHN ADAMS.

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TO THE DUC DE LA VAUGUYON, AMBASSADOR OF FRANCE AT THE HAGUE.

Leyden, March 8th, 1781.

Sir,

I have the honor to enclose a copy of a Resolution of Congress of the 5th of October last, and to inform your Excellency, that I have this day communicated it to their High Mightinesses, the States-General of the United Provinces, and to the Ministers of the Courts of Russia, Sweden, and Denmark, at the Hague.

Your Excellency will permit me to hope for your concurrence in support of this measure, as there may be occasion, and to assure you of the great respect and consideration with which I have the honor to be, &c.

JOHN ADAMS.

* * * * *

FROM THE DUC DE LA VAUGUYON TO JOHN ADAMS.

Translation.

Hague, March 14th, 1781.

Sir,

I have received the letter, which you did me the honor to write to me, as also the copy of the resolution of Congress of the United States of North America, thereto annexed. You announce to me, that you have made an official communication thereof to the President of the Assembly of the States-General, as also to the Envoys of the Courts of Petersburg, Stockholm, and Copenhagen, and you request me to support this step with my good offices. I am persuaded, Sir, that you clearly perceive the impossibility of my seconding this measure, without the express order of the King, whatever may be my personal zeal for the true interests of North America.

Receive, Sir, the very sincere assurance of the sentiments of the most distinguished respect with which I have the honor to be, &c.

THE DUC DE LA VAUGUYON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Leyden, March 18th, 1781.

Sir,

At length, notwithstanding the mediation of the Empress of Russia, the States-General have published the following Manifesto. It is entitled, the Counter Manifesto of the States-General of the United Provinces of the Low Countries.

COUNTER MANIFESTO.

"If ever the annals of the world have furnished an example of a free and independent State, hostilely attacked in the manner the most unjust, and without the least appearance of justice or equity, by a neighboring power, long in alliance, and strictly connected by ties founded upon common interests, it is, without contradiction, the Republic of the United Provinces of the Low Countries, which finds itself in this case, in relation to his Majesty, the King of Great Britain, and his Ministry.

"From the commencement of the troubles arisen between that Kingdom and its Colonies in America, their High Mightinesses, by no means obliged to take the smallest part in them, had formed the firm and invariable design to adopt and to follow in relation to these troubles, the system of the most perfect and the most exact neutrality; and when the same troubles had afterwards enkindled a war, which extended itself to more than one power, and spread itself to more than one part of the world, their High Mightinesses have constantly observed and maintained the same system, while at the same time they have not neglected to give, on more than one occasion, and relative to the most essential objects, the most convincing proofs of their sincere disposition to satisfy the desires of his Majesty, as far as they could advance, without wounding the rules of impartiality, and without compromising the rights of their sovereignty. It was in these views and to this end, that their High Mightinesses at first, and at the first requisition of his Britannic Majesty, published prohibitions the most express against the exportation of military stores to the Colonies of his Majesty in America, and against all fraudulent commerce with the same Colonies; and to the end, that those prohibitions should be executed the more effectually, their High Mightinesses did not hesitate, moreover, to take measures which did not fail to restrain and confine very greatly, the navigation and the commerce of their own subjects with the Colonies of the State in the West Indies.

"It was, moreover, in the same views, and to the same end, that their High Mightinesses sent orders the most precise to all the Governors and Commanders of their Colonies and of their establishments, as well as to all the officers, commanders of their vessels of wars, to take special care to do nothing towards the flag of the American Congress, from whence they might lawfully infer or deduce an acknowledgment of the independence of the said Colonies. And it was above all in these views and to this end, that their High Mightinesses having received a memorial, which was presented to them by the Ambassador of England, containing complaints the most spirited against the Governor of St Eustatia, condescended to deliberate concerning this memorial, although conceived in terms little accommodated to those respects, which sovereign powers reciprocally owe to each other.

"This deliberation was soon followed by the recall of the said Governor, whom their High Mightinesses ordered to render an account of his conduct, and whom they did not permit to return to his residence until after he had exculpated himself of all the accusations brought against him by a justification of himself in detail, a copy of which was transmitted without delay to the Ministry of his Britannic Majesty. It was by means of these measures, that their High Mightinesses, having always had it at heart to avoid giving the smallest cause of dissatisfaction to his Britannic Majesty, have constantly endeavored to entertain and to cultivate his friendship and good understanding. But the conduct of his Britannic Majesty towards the Republic has been diametrically opposite.

"The troubles between the Courts of London and Versailles had scarcely broken out, when we saw the ports of England filled with Dutch ships unjustly taken and detained. These vessels navigated under the faith of treaties, and were not loaded with other merchandises than with those which the express tenor of treaties declared free and lawful. We saw those free cargoes forced to submit to the law of an arbitrary and despotic authority. The Cabinet of St James knowing no other rules than a pretended right of temporary conveniency, thought proper to appropriate those cargoes to the Crown by a forced purchase, and to employ them to the profit of the royal navy. The representations the most energetic, and the most serious on the part of their High Mightinesses against such proceedings were to no purpose, and it was in vain that we demanded in the strongest manner the treaty of commerce, which subsisted between England and the Republic; by this treaty the rights and liberties of the neutral flag were clearly defined and stated. The subjects of Great Britain have enjoyed the full advantage of this treaty in the first and the only case, in which it pleased the Court of London to remain neuter, while the Republic was at war; at present in the reciprocal case, this Court cannot without the greatest injustice refuse the enjoyment of the same advantages to the Republic; and as little as his Britannic Majesty had a right to take away the advantageous effects of this treaty from their High Mightinesses, as little foundation had he to pretend to turn them from a neutrality, which they had embraced, and to force them to plunge themselves into a war, the causes of which had an immediate relation to rights and to possessions of his Britannic Majesty, originating without the limits of defensive treaties.

"And, nevertheless, it was this treaty, which his Majesty, from the commencement of the troubles with the Crown of France, made no scruple to infringe and violate. The contraventions and infractions of this treaty on the part of Great Britain, and the arbitrary decisions of the courts of justice of that kingdom, directly contrary to the express sanction of this same treaty, multiplied from day to day; the merchant vessels of the Republic became the innocent victims of exactions and accumulated violences of the English men-of-war and privateers. Not content with this, even the flag of the State was not spared, but openly insulted and outraged by the hostile attack of the convoy under the command of the Rear Admiral, the Count de Byland. The strongest representations on the part of the State to his Britannic Majesty were useless. The vessels taken from this convoy were declared lawful prizes; and this insult committed to the flag of the Republic was soon followed by the open violation of its neutral territory, both in Europe and in America. We shall content ourselves to cite two examples of it. At the Island of St Martins, the vessels of his Britannic Majesty attacked and took by force several vessels, which were in the Road, under the cannon of the fortress, where, according to the inviolable law of nations, these vessels ought to have found a safe asylum. The insolences committed by an English armed vessel upon the coast of the Republic, near the Island of Goedereede, furnish a second example of these violences; these insolences were pushed to such a degree, that several inhabitants of the Island, who were upon the shore, where they ought to have thought themselves sheltered from all insult, were exposed by the fire of this vessel to the most imminent danger, which they could not avoid but by retiring into the interior part of the Island. Unheard of proceedings, for which the Republic, notwithstanding the strongest and best founded representations, has not been able to obtain the smallest satisfaction.

"While affairs were thus in a situation, which left to their High Mightinesses no other alternative, but to see the navigation and the commerce of their subjects, upon which depend the prosperity or the ruin of the Republic, wholly annihilated, or to come to violent measures against their ancient friend and ally, the magnanimous heart of her Majesty, the Empress of Russia, engaged her to invite the Republic with equal affection and humanity, to take measures the most just, and entirely conformable to the treaties which subsist between them and the other powers, to the end to defend and to maintain, conjointly with her Imperial Majesty and the other powers of the north, the privileges and the immunities, which the law of nations and the most solemn treaties assure to the neutral flag. This invitation could not but be infinitely agreeable to their High Mightinesses, considering that it offered them a means of establishing the protection of the commerce of their subjects upon the most solid foundation, and opened a way to place their independence in safety from all infraction, without derogating in the least from the alliances contracted, both with his Britannic Majesty and with the other belligerent powers.