Part 6

"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. Passengers, 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.

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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 passing 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 hoarded by the disaffected or timid.

With respect to our resources, Congress are at present much in want of money, and it is a happy circumstance, 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 Grasse 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 Noble 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 destitute 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, assured 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 principal 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 assertion 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 passport, 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 assertion 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 pronounce 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 restitution 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 circumstances, 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 assembly 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 petition 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 principally at St Eustatia, merchandises, without paying the duties of lest and of recognition, that the petitioners 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 petitioners 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."

_Hague, 3d of May._ "There has been sent to the Assembly of their High Mightinesses, a resolution of the Province of Gueldres, conforming wholly to that taken by the Province of Holland, touching the memorial of the Prince Gallitzin, and which authorises at the same time their committees to assist at the conferences and negotiations, to continue them, and to transmit the result of them to the deliberations of their Noble Mightinesses, to the end that they in course take a resolution according to the exigence of the case, and the importance of this object.

"There have also been presented three resolutions of the Province of Zealand; the first, concerning the requisition made by the Admiralty of the quarter of the north, soliciting a subsidy of three hundred and seventyfive thousand florins, and to be put in a state to be able afterwards to pay the annual interest of it; in consequence of which, the States of Zealand consent to the borrowing of the said sum upon an interest of two and a half per cent, opposing themselves, nevertheless, to the granting to the said College an annual subsidy, to be divided in quotas on the respective Provinces.

"The second of these resolutions contains an answer to a letter of the Admiralty on the Meuse, concerning the indemnification of the losses suffered for the transportation of the Ambassador Van Haefton, at Constantinople. Finally the third resolution is relative to the Memoir of the Prince Gallitzin, and has for its object to concur in the opening of conferences, provided, that these do not in anything alter the system of an exact neutrality, adopted by the Republic, nor the treaties subsisting; with a further insinuation to the gentlemen, their ordinary deputies, to abstain from concurring in any final conclusion upon this object, without the consent of their Noble Mightinesses and without having previously informed them of what may be projected in this respect.

"The States of Guilderland, in their resolution relative to the granting of an unlimited convoy, have also declared, that they had believed they had foundation to flatter themselves, that the condescension of this State, upon the representations of the King of Great Britain, to the effect to suspend conditionally the protection due to their subjects, and which was assured to them by the treaty of 1674, would have sufficiently proved the desire, with which the Republic was animated to testify to his Majesty as well as to Great Britain, a deference the most marked, preserving always the observation of an exact neutrality, but that convinced of the contrary, as well by the declarations as by even the hostilities committed against the subjects of the Republic, they have now thought themselves founded in putting an end to the limitation of convoys, in granting a free course to the protection of commerce, according to the treaties and the law of nations. For which reason, the aforesaid States would no more make any difficulty to concur to maintain with the forces of the country, the right of the Republic, lawfully acquired by solemn treaties, but that not being, nevertheless, intimately convinced, that in case of a further opposition the Republic is in a state of defence sufficient upon the sea, it would consequently be to be feared, that such a part would not serve, but to throw the State into still greater embarrassments, and operate an effect contrary to the end proposed. Thus then, supposing that the high confederates should judge it indispensably necessary to grant an unlimited convoy, the intention of their Noble Mightinesses would not be in any degree to retard or suspend such a resolution, but on the contrary, to show their condescension and their desire to contribute to the unanimity of this State, they would take away all reflections, of what importance soever they may appear to them, submitting themselves to the penetration of those of the confederates, who, being more interested in navigation and maritime commerce, have already authorised and instructed their committees, in the generality, to consent with the concurrence of other Provinces to an unlimited convoy."

We read also in another resolution of the States of Friesland, these remarkable words, "that the Empress of Russia has never given a more shining proof, than in the present conjuncture, of her attachment to this Republic, which ought to engage the State to correspond by sentiments proportioned to those, which her Majesty has discovered, both for the well being and the safety of her own States and subjects, and to procure to all Europe a perfect tranquillity founded upon motives the most equitable, and upon treaties, and to the end to prevent and hinder for the future the damages, which commerce and navigation have suffered until this time, and to maintain and cause to be observed a perfect neutrality between the belligerent powers."

I may conclude this letter by observing, that I am informed, they talk in Holland of laying an embargo, to prevent the English from making many prizes, and that there is another rumor of opening the harbor of Antwerp. If there is any serious thought of this, it must be the fruit of English intrigue with Austria.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, May 8th, 1780.

Sir,

At the same time that the conduct of Great Britain towards the neutral powers is marked by a severity, that is without example, that of France and Spain is distinguished by a moderation and liberality, that deserves to be imitated. I have before transmitted to Congress the declaration of the King of France, and the decree of his Council, abolishing the restrictions on the Holland trade. In this letter I shall give an account of the conduct of Spain.

On the 13th of March, the Count de Florida Blanca wrote a letter to the Marquis Gonzalez de Castigon, the Minister of the Marine, to serve as a regulation for the navigation of neuters, as follows;

"Most Excellent Lord,