Chapter M: Gerard to Arthur Lee (6)

I have so often given you a full account of the situation of affairs in this quarter of the world, that I have little to add on that subject. Though the king of Prussia was prevented, by the critical situation of politics here, from complying with the promise he had made of acknowledging our independence as soon as France had done so, I thought it proper to write to his Minister to know whether our privateers and armed vessels would be permitted to enter and refit in the Prussian ports; to which he replied, that his Majesty’s absence from Berlin, and his continual application to the great object in which he is engaged, prevents him from being able at present to make me a favorable reply, but he hopes that circumstances will soon enable them to make us more advantageous proposals than they have already done.

The campaign is ended for this year, and nothing material has passed. There are some politicians who think the winter negotiations will produce peace, and if they do, I think the king of Prussia will not then hesitate to enter into a treaty with us. As to the Court of Vienna, you know my commission only authorised me to treat with the Emperor, who has been since the beginning of April with his armies in Bohemia; however, while I was at that Court our affairs could not be advanced there, because both the Emperor and the King of Prussia stand in the same predicament with respect to Hanover, which has now increased its army to near thirty thousand men. The Emperor wishes to keep Hanover neuter, and the King is exerting all his political abilities to have the Hanoverian army active on his side. This winter will, it is generally believed, decide the part that Hanover will take if the war continues in Germany, in which case the opposite party will soon join issue with us; in the meantime, we must have patience, as at present neither side can in prudence enter into any measures with us, unless France makes a point of it.

With the advice of the French Ambassador at Vienna I shall remain here, as being a central place for Germany, until we can see with more precision how to direct our future operations. I understood from his Excellency Count de Vergennes, when I saw him at Versailles last month, that he thought our business by and by would go forward at Vienna. As the Court of Versailles can at any time influence that of Vienna with respect to us, I presume some plan of that sort is now in agitation, of which I expect due information from his Excellency the Baron de Breteuil at Vienna; but I must remind you, that under my present commission, I have no authority to conclude, or even to treat of any thing with this Court. This I explained fully to you in my letters last winter, which you must have received.

I am, Gentlemen, with the highest esteem and regard, &c.

WILLIAM LEE.

[55] For letters from M. Van Berckel and M. Dumas on this subject, see the Correspondence of the Commissioners in France. Vol. I. pp. 456, 457, 476, 480, 488.

PLAN OF A TREATY WITH HOLLAND.

_Plan of a Treaty of Commerce, to be entered into
between their High Mightinesses the States of the
Seven United Provinces of Holland, and the Thirteen
United States of North America_.

The parties being willing to fix in an equitable and permanent manner the rules, which ought to be followed relative to the correspondence and commerce, which they desire to establish between their respective countries, states, subjects, and people, have judged, that the said end could not be better attained, than by taking for the basis of their agreement the most perfect equality and reciprocity, and by carefully avoiding all those burdensome preferences, which are usually the sources of debate, embarrassment, and discontent; by leaving, also, each party at liberty to make, respecting commerce and navigation, such interior regulations as it shall find most convenient to itself, and by founding the advantage of commerce solely upon reciprocal utility, and the just rules of free intercourse, reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages.

On these principles the parties above mentioned have, after mature deliberation, agreed to the following articles.

ARTICLE I.

There shall be firm, inviolable and universal peace and sincere friendship between their High Mightinesses, the States of the Seven United Provinces of Holland, and the United States of North America, and the subjects and people of the said parties; and between the countries, islands, cities, and towns situated under the jurisdiction of the said United States of Holland, and the said United States of America, and the people and inhabitants thereof, of every degree, without exception of persons or places.

ARTICLE II.

The subjects of the United States of Holland shall pay no other duties or imposts in the ports, havens, roads, countries, islands, cities, and towns of the said United States of America, or any of them, than the natives and inhabitants thereof shall pay, but shall enjoy all the other rights, liberties, privileges, immunities, and exceptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same, from and to any part of the world, which the said natives or inhabitants enjoy.

ARTICLE III.

The subjects, people, and inhabitants of the said United States of America, or any of them, shall not pay any other duties or imposts in the ports, havens, roads, countries, islands, cities, or towns, subject to their said High Mightinesses, the States of the Seven United Provinces of Holland, than the natives and inhabitants of those countries, islands, cities, or towns shall pay; but shall enjoy all the other rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same, and to and from any part of the world, which the said natives or inhabitants enjoy.

ARTICLE IV.

The subjects and people of each of the aforesaid confederates, and the inhabitants of countries, islands, cities, or towns belonging to either of the parties, shall have liberty freely and securely, without license or passport, general or special, by land or by water, or in any other way, to go into the kingdoms, countries, provinces, lands, islands, cities, villages, towns, walled or unwalled, or fortified ports, dominions, or territories whatsoever, of the other confederate, there to enter, and return from thence, to abide there or pass through the same, and in the meantime to buy and purchase as they please all things necessary for their subsistence and use, and they shall be treated with all mutual kindness and favor; provided, however, that in all matters they behave and comport themselves conformably to the public laws, statutes, and ordinances of such kingdom, country, province, island, city, or town, in which they may be and live, and converse with each other friendly and peaceably, and keep up reciprocal concord by all manner of good understanding.

ARTICLE V.

The subjects and people of each of the parties, and the inhabitants of the countries, islands, cities, or towns, subject or belonging to either of them, shall have leave and license to come with their ships or vessels, as also with the goods and merchandise on board the same, (the trade or importation whereof is not prohibited by the laws or ordinances of either country) to the lands, countries, cities, ports, places, and rivers of either side, to enter into the same, to resort thereto, to remain and reside there without any limitation of time; also to hire houses, or to lodge with other people, and to buy all kinds of lawful merchandise and goods where they think fit, from the first workman or seller, or in any other manner, whether in the public market for the sale of things, in mart towns, fairs, or wheresoever those goods or merchandise are manufactured or sold. They may also lay up, and keep in their magazines or warehouses, and from thence expose to sale, merchandise or goods brought from other ports; neither shall they in any wise be obliged, unless willingly and of their own accord, to bring their said goods or merchandise to the marts or fairs; on this condition, however, that they shall not sell the same by retail or in shops, or anywhere else. But they are not to be loaded with any impositions or taxes on account of the said freedom, or for any other cause whatsoever, except what are to be paid for their ships, vessels, or goods, according to the laws and customs received in each country, agreeable to the stipulations in this treaty. And, moreover, they shall have free leave and permission, without any kind of hinderance or molestation, to remove themselves, also if they shall happen to be married, their wives and children, if they have any, and their servants, if they are willing to go with their masters, together with their merchandise, wares, goods, and effects, either bought or imported, whatsoever or whithersoever they shall think fit, out of the bounds of each country, by land or by sea, on the rivers and fresh waters, notwithstanding any law, privilege, grant, immunity, or custom, in any wise importing the contrary.

ARTICLE VI.

In the business of religion, there shall be entire liberty allowed to the subjects of each of the confederates, as also if they are married, to their wives and children; neither shall they be compelled to go to the churches, or to be present at the religious worship in any other place. On the contrary, they may, without any kind of molestation, perform their religious exercises after their own way, in churches, chapels, or houses, with open doors; moreover, liberty shall be granted to bury the subjects of either party, who die in the territories of the other, in convenient and decent places to be appointed for that purpose, as occasion shall require; neither shall the dead bodies of those that are buried be any ways molested.

ARTICLE VII.

Furthermore, it is agreed and concluded as a general rule, that all and singular the subjects of their said High Mightinesses, the Seven United Provinces of Holland, and of the said United States of America in all countries and places subject to their power on either side as to all duties, impositions, or customs whatsoever, concerning goods, merchandise, persons, ships, vessels, freights, seamen, navigation, and commerce, shall use and enjoy the same privileges, liberties, and immunities at least, and have the like favor in all things, as well in the courts of justice as in all such things as relate either to commerce, or to any other right whatever, which any foreign nation the most favored has, uses, and enjoys, or may hereafter have, use, and enjoy.

ARTICLE VIII.

Their High Mightinesses, the States of the Seven United Provinces of Holland, shall endeavor, by all means in their power, to protect and defend all vessels and the effects belonging to the subjects, people, or inhabitants of the said United States of America, or any of them, being in their ports, havens, or roads, or on the seas near to their countries, islands, cities, or towns, and to recover and cause to be restored to the right owners, their agents, or attornies, all such vessels and effects, which shall be taken within their jurisdiction, and their ships of war, or any convoys sailing under their authority shall, upon all occasions, take under their protection all vessels belonging to the subjects, people, or inhabitants of the said United States of America, or any of them, or holding the same course, or going the same way, and shall defend such vessels as long as they hold the same course, or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend vessels belonging to the subjects of their said High Mightinesses, the States of the Seven United Provinces of Holland.

ARTICLE IX.

In like manner, the said United States of America, and their ships of war sailing under their authority, shall protect and defend, conformable to the tenor of the preceding article, all the vessels and effects belonging to the subjects of the said Seven United Provinces of Holland, and use all their endeavors to recover and cause to be restored to their right owners, the said vessels and effects, that shall have been taken within the jurisdiction of the said United States of America, or any of them.

ARTICLE X.

Their High Mightinesses, the States of the Seven United Provinces of Holland, will employ their good offices and interposition with the King or Emperor of Morocco or Fez, the Regency of Algiers, Tunis, or Tripoli, or with any of them, and also with every other Prince, State, or Power on the coast of Barbary in Africa, and the subjects of the said King, Emperor, States, and Powers, and each of them, in order to provide as fully as possible for the benefit, conveniency, and safety of the said United States and each of them, their subjects, people, and inhabitants, and their vessels and effects, against all violence, insult, attacks, or depredations on the part of the said Princes or States of Barbary, or their subjects.

ARTICLE XI.

It shall be lawful and free for merchants and others, being subjects either of the said Seven United Provinces of Holland, or of the said United States of America, by will or any other disposition made either during the time of sickness, or at any other time before, or at the point of death, to devise or give away to such person or persons as to them shall seem good, their effects, merchandise, money, debts, or goods, movable or immovable, which they have, or ought to have, at the time of their death, or at any time before, within the countries, islands, cities, towns, or dominions belonging to either of the said contracting parties; moreover, whether they die, having made their will, or intestate, their lawful heirs, executors, or administrators, residing in the dominions of either of the contracting parties, or coming from any other part, although they be not naturalised, and without having the effect of this concession contested or impeded, under pretext of any rights or prerogatives of provinces, cities, or private persons, shall freely and quietly receive and take possession of all the said goods and effects whatsoever, according to the laws of each country respectively; the wills and rights of entering upon the inheritances of persons dying intestate must be proved according to law, in those places where each person may happen to die, as well by the subjects of one as of the other contracting party, any law, statute, edict, custom, ordinance, _droit d’aubaine_, or any other right whatsoever notwithstanding.

ARTICLE XII.

The goods and estates of the people and subjects of the one contracting party, that shall die in the countries, islands, lands, cities, or towns of the other, shall be preserved for the lawful heirs and successors of the deceased, the right of any third person always reserved, and such goods and effects, together with the papers, writings, and books of accounts of such deceased persons, shall be put into an inventory by the Consul or other public Minister of such party, whose subject has so died, and put into the hands of two or three reputable merchants, that shall be named by such Consul or public Minister, to be kept for the heirs, executors, administrators, or creditors of the deceased, nor shall any judiciary whatever inter-meddle therein, until applied to according to the forms of law by such heir, executor, administrator, or creditor.

ARTICLE XIII.

It shall be lawful and free for the subjects of each party to employ such advocates, attornies, notaries, solicitors, or factors, as they shall think fit; to which end, the said advocates and others above mentioned may be appointed by the ordinary judges if it be needful, and the judges be thereunto required.

ARTICLE XIV.

Merchants, masters of ships, owners, mariners, men of all kinds, ships and vessels, and all merchandise and goods in general, and effects of one of the confederates or of the subjects thereof, shall not on any public or private account, by virtue of any general or special edict be seized or detained in any of the countries, lands, islands, cities, towns, ports, havens, shores, or dominions whatsoever of the other confederate for public use, for warlike expeditions, or for any other cause, and much less for the private use of any one shall they be detained by arrests, compelled by violence or under any color thereof, or in anywise molested or injured. Moreover, it shall be unlawful for the subjects of either party to take anything, or to extort it by force from the subjects of the other party, without the consent of the person to whom it belongs, and it be paid for with ready money; which, however, is not to be understood of that detention and seizure, which shall be made by the command and authority of justice, and by the ordinary methods of account of debt or crimes, in respect whereof, the proceedings must be by way of law, according to the forms of justice.

ARTICLE XV.

It is further agreed and concluded, that it shall be wholly free for all merchants, commanders of ships, and other subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, in all places subject to the dominion and jurisdiction of the said United States of America, to manage their own business themselves, or to employ whomsoever they please to manage it for them; nor shall they be obliged to make use of any interpreter or broker, nor to pay them any salary or fees unless they choose to make use of them; moreover, masters of ships shall not be obliged, in loading or unloading their ships, to make use of those workmen that may be appointed by public authority for that purpose; but it shall be entirely free for them to load or unload their ships by themselves, or to make use of such persons in loading or unloading the same as they shall think fit, without paying any fees or salary to any other whomsoever; neither shall they be forced to unload any sort of merchandise, either into other ships, or to receive them into their own, or to wait for their being loaded longer than they please, and all and every the subjects, people, and inhabitants of the said United States of America, shall reciprocally have and enjoy the same privileges and liberties in all places whatsoever, subject to the dominion and jurisdiction of their High Mightinesses, the States of the Seven United Provinces of Holland.

ARTICLE XVI.

A dispute arising between any commander of the ships on either side and his seamen, in any port of the other party, concerning wages due to the said seamen or other civil causes, the magistrate of the place shall require no more from the person accused, than that he give to the accuser a declaration in writing, witnessed by the magistrate, whereby he shall be bound to answer that matter before a competent judge in his own country, which being done, it shall not be lawful for the seamen to desert the ship, or to hinder the commander from prosecuting his voyage. It moreover shall be lawful for the merchants on both sides, in the places of their abode or elsewhere, to keep books of their accounts and affairs in any language or manner, and on any paper they shall think fit, and to have an intercourse of letters in such language or idiom as they shall please, without any search or molestation whatever; but if it should happen to be necessary for them to produce their books of accounts for deciding any dispute or controversy, in such case they shall bring into Court the entire books or writings, but so as that the judge, or any other person may not have liberty to inspect any other articles in the said books, than such as shall be necessary to verify and authenticate the matter in question, or such as shall be necessary to give credit to the said books; neither shall it be lawful under any pretence, to take the said books or writings forcibly out of the hands of the owners, or to retain them, the case of bankruptcy only excepted.

ARTICLE XVII.

The merchant ships of either of the parties, which shall be making into a port of the other party, and concerning whose voyage and the species of goods on board her there shall be any just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates expressly showing that her goods are not of the number of those, which have been prohibited as contraband.

ARTICLE XVIII.

If, by exhibiting the abovesaid certificates, mentioning the particulars of the things on board, the other party should discover there are any of those sorts of goods, which are prohibited and declared contraband by this treaty, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffer, pack, cask, or any other vessel or package found therein, or to remove the smallest particle of the goods, whether such ship belongs to the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, or to the subjects or inhabitants of the said United States of America, unless the loading be brought on shore in presence of the officers of the Court of Admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the Court of Admiralty respectively shall, by a sentence pronounced, have confiscated the same; saving always as well the ship itself, as any other goods found therein, which by this treaty are to be esteemed free; neither may they be detained on pretence of their being, as it were, infected by the prohibited goods, much less shall they be confiscated as lawful prize; but if not the whole cargo, but only part thereof shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case, the captor having received those goods shall forthwith discharge the ship, and not hinder her by any means from freely prosecuting the voyage on which she was bound; but, in case the contraband merchandise cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port, agreeable to what is above directed.

ARTICLE XIX.

On the contrary, it is agreed that whatever shall be found to be laden by the subjects, people, or inhabitants of either party on any ship belonging to the enemy of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy himself, except such goods and merchandise as were put on board the ships before the declaration of war, or even after such declaration, if it so be that it was done without the knowledge of such declaration, so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which as aforesaid were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandise be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties, that the terms of six months being elapsed after the declaration of war, their respective subjects, people, and inhabitants, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.

ARTICLE XX.

And that more effectual care may be taken for the security of the subjects and people of either party, that they do not suffer any injury by the men of war or privateers of the other party, all the commanders of the ships of war and the armed vessels of the said States, of the Seven United Provinces of Holland, and of the said United States of America, and all their subjects and people shall be forbid doing any injury or damage to the other side, and if they act to the contrary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof by reparation, under the pain and obligation of their persons and goods.

ARTICLE XXI.

All ships and merchandise of what nature soever, which shall be rescued out of the hands of pirates or robbers on the high seas, shall be brought into some port of one or the other party, and shall be delivered into the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.

ARTICLE XXII.

It shall be lawful for the ships of war, privateers, or armed vessels of either party, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty or any other judges, nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart and carry their prizes to the place expressed in their commissions, which the commanders of such ships of war, privateers, or armed vessels shall be obliged to show. On the contrary, no shelter nor refuge shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties; but if such shall come in, being forced by stress of weather or the danger of the seas, all proper means shall be vigorously used that they go out and retire from thence as soon as possible.

ARTICLE XXIII.

If any ships or vessels belonging to either of the parties, their subjects or people, shall, within the coasts or dominions of the other, stick upon the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to their own country.

ARTICLE XXIV.

In case the subjects or people of either party with their shipping, whether public and of war, or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking shelter and harbor, to retreat and enter into any of the rivers, creeks, bays, havens, roads, ports, or shores, belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help, and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please without any let or hinderance.

ARTICLE XXV.

For the better promoting of commerce on both sides, it is agreed, that if a war should ever happen to break out between the said contracting parties, six months after the proclamation of war shall be allowed to the merchants, subjects, and people on either side, in countries, cities, and towns where they may happen to reside, in which time they themselves may retire, together with all their families, goods, merchandise and effects, and carry them whithersover they shall please, as likewise, at the same time, the selling and disposing of their goods, both movable and immovable, shall be allowed them freely and without any disturbance, and, in the meantime, their goods, effects, wares, and merchandise, and particularly their persons, shall not be detained or troubled by arrest or seizure, but rather in the meantime, the subjects and people on each side shall have and enjoy good and speedy justice, so that during the said space of six months they may be able to recover their goods and effects, intrusted as well to the public as to private persons; and if anything be taken from them, or any injury be done by either party, or the people, or subjects on either side, full satisfaction shall be made for the same by the party committing such injury or doing such damage.

ARTICLE XXVI.

No subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, shall apply for or take any commission or letter of marque for arming any ship or ships to act as privateers against the said United States of America, or any of them, or against the subjects, people or inhabitants of the said United States, or any of them, from any Prince or State with which the said United States of America shall happen to be at war; and if any person of either nation shall take such commission or letter of marque, he shall be punished as a pirate.

ARTICLE XXVII.

It shall not be lawful for any foreign privateers, not belonging to the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, nor to the citizens of the said United States of America, which have commissions from any other Prince or State in enmity with either of the contracting parties, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandise, or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.

ARTICLE XXVIII.

It shall be lawful for all and singular the subjects of their High Mightinesses, the States of the Seven United Provinces of Holland, and the citizens, people, and inhabitants of the said United States of America, to sail with their ships with all manner of liberty and security; no distinction being made who are the proprietors of the merchandise laden therein, from any port to the places of those who now are or hereafter may or shall be at enmity with the said States of the Seven United Provinces of Holland, or the said United States of America. It shall be also lawful for the subjects and citizens aforesaid, to sail with the ships and merchandise aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, whether they be under the jurisdiction of one and the same power, or under several. And it is hereby stipulated, that free ships shall also give a freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers, and in the actual service of the enemies.

ARTICLE XXIX.

This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only, which are distinguished by the name of contraband or prohibited goods, and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs, with their fusils, and other things belonging to them, fire balls, gunpowder, match, cannon balls, pikes, swords, lances, spears, halberts, mortars, petards, grenades, saltpetre, muskets, musket balls, helmets, headpieces, breastplates, coats of mail, and the like kinds of arms proper for arming soldiers, musket rests, belts, horses, with their furniture, and all other warlike instruments whatever. The merchandise which follows shall not be reckoned among contraband or prohibited goods, that is to say, all sorts of cloth, and all other manufactures made of wool, flax, hemp, silk, cotton, or any other materials whatever. All kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, lead, copper, brass, as also wheat and barley, and every other kind of corn and pulse, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, cider, sugars, syrup, and all sorts of salt; and in general, all provisions which serve to the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, turpentine, ropes, cables, sail, sailcloths, anchors, and any parts of anchors; also ships’ masts, planks, boards, and beams of what trees soever, and all other things proper either for building or repairing ships; and all other goods whatsoever, which have not been worked into the form of any instrument or thing prepared for war, by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned among free goods; as likewise all other merchandise and things, which are not comprehended or particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects and citizens of both confederates, even to places belonging to an enemy, such towns and places being only excepted as are at that time besieged, blocked up, or invested.

ARTICLE XXX.

To the end, that all manner of dissension and quarrels may be prevented and avoided on both sides, it is agreed, that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or citizens of the other ally must be furnished with sea letters, or passports, expressing the name, property, or bulk of the ship, or vessel, as also the name, place, or habitation of the master, or commander of the said ship, or vessel, that it may appear thereby, that the ship really and truly belongs to the subjects, or citizens of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year, that is if the ship or vessel happens to return home within the space of a year. It is likewise agreed, that such ships or vessels being laden are to be provided not only with passports, as above mentioned, but also with certificates containing the several particulars of the cargo, the place from whence the ship sailed, and whither she is bound, that so it may be known, whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship or vessel set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates the persons to whom the goods on board belong, he may freely do it.

ARTICLE XXXI.

The ships or vessels of the subjects or citizens of either of the parties coming upon any coasts belonging to either of the said confederates, but not willing to enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected on some manifest tokens of carrying to the enemy of the other ally any prohibited goods called contraband, and in case of such manifest suspicion, the said subjects and citizens of either of the parties shall be obliged to exhibit in the ports, their passports and certificates in the manner before specified.

ARTICLE XXXII.

If the ships or vessels of the said subjects, or people of either of the parties, shall be met with sailing along the coasts, or on the high seas, by any ship of war, privateer, or armed vessel of the other party, the said ships of war, privateers, or armed vessels, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship, which they shall so meet with, and may enter her, to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport, concerning the property of the ship or vessel made out according to the form annexed to this present treaty, and the ship or vessel, after such passport has been shown, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, to give her chase or to force her to quit her intended course.

ARTICLE XXXIII.

It is also agreed, that all goods when once put on board the ships or vessels of either party shall not be subject to any further visitation; but all visitation and search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective parties, their subjects or people; nor shall the persons or goods of the subjects or people of their said High Mightinesses, the States of the Seven United Provinces of Holland, or the said United States of America, be put under any arrest, or molested by any other kind of embargo for that cause; but only the subject of that power, by which the said goods have been or shall be prohibited, who shall have presumed to sell or alienate such sort of goods, may be duly punished for the offence, according to the laws, customs or ordinances of his own country.

ARTICLE XXXIV.

The two contracting parties grant to each other mutually the liberty of having, each in the ports of the other, consuls, vice consuls, agents and commissioners of their own appointing, whose functions shall be regulated by particular agreement, whenever either party chooses to make such appointment.

This is a rough plan of a treaty of commerce, which, in consequence of the appointment and instructions of the Honorable Engelbert Francis Van Berckel, Counsellor Pensionary of the city of Amsterdam, to me John de Neufville, citizen of the said city of Amsterdam, I have perused, considered, and settled with William Lee, Commissioner of Congress, as a proper treaty of commerce to be entered into between their High Mightinesses, the States of the Seven United Provinces of Holland, and the United States of America.

This done at Aix la Chapelle, the 4th of September, 1778.

JOHN DE NEUFVILLE.

COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM LEE.

Philadelphia, October 28th, 1778.

Sir,

The enclosed resolve it is hoped will be productive of singular advantage, so for as relates to you, who must depend greatly for American intelligence on your connexions in Paris. Congress have been and are exceedingly loaded with business, and of late have met with some singular interruptions in the intended general arrangement of their foreign affairs, so that they have yet only decided in respect to Dr Franklin, their Minister Plenipotentiary at the Court of France.

Our first and most pressing business is the appreciation of our currency. This point accomplished, our enemies themselves will acknowledge their hopes of conquering us at an end. The British Commissioners, sent on a foolish and wicked errand to America, are returning home completely disappointed; and there is reason from appearances to think, that the land forces of Britain are gradually withdrawing from these States. It is probable, that the Marquis de la Fayette, by whom this letter goes, will obtain in Boston further knowledge than we now have of the destination of a fleet lately departed from New York, amounting to about one hundred and fifty sail.

We shall desire Mr Adams to give you all possible information on the arrival of this packet, and shall soon despatch other letters from this port.

With hearty prayers for your welfare, we are, Sir, your affectionate friends,

R. H. LEE,
JAMES LOVELL.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Frankfort, February 25th, 1779.

Gentlemen,

I have the honor of enclosing to you with this a fourth copy of the plan of a treaty, arranged as you will see between M. John de Neufville, on the part of the Pensionary and Burgomasters of Amsterdam, and myself on the part of the United States of America. This plan, I presume, will meet with the approbation of Congress, and if it can be carried through in the General Assembly of the Seven United States of the Netherlands, America cannot have any just grounds of complaint. If any further steps are taken by you in this business, it will be necessary to authorise some person to complete it in your name, who must advance it with the States-General as he finds the temper of the times and politics, for it is to be observed, that by their constitution, in all cases of treaties, alliances, peace, or war, the unanimous consent of all the States is requisite; however, it is with pleasure I inform you, that in consequence of the negotiation with Amsterdam, and the correspondence I have kept up with the parties, that city (by far the most important member of their union) has with infinite firmness and resolution opposed all the intrigues of Great Britain, countenanced as it is said by the Prince of Orange, to involve the Republic in a war against France, and consequently against America.

The efforts of Amsterdam have at last prevailed on the States-General to come to a resolution lately much in our favor, that is, that they insist upon Great Britain’s strictly adhering to the treaty of 1674, whereby the Dutch commerce is allowed to be entirely free; and if Great Britain will not accede to this, they will convoy their trade with ships of war, and repel force with force. They are accordingly making a very respectable addition to their navy, the care of which Amsterdam has taken on herself.

With respect to Germany, our affairs seem to wear a more promising aspect, than they have done for some time past. Letters of good authority from Vienna, Berlin, and Breslaw, the present residence of the King of Prussia, speak with confidence of the terms of peace being fully settled between the House of Austria and Prussia, under the mediation of France and Russia, that of Great Britain being equally slighted by both parties. There has been about ten thousand men raised in this country, under the title of free corps, for the two contending powers, all of whom will be dismissed as soon as peace is signed, and will be ready to enter into any service that will pay them. It will require infinite address, industry, and management to prevent Great Britain from gaining advantage from this circumstance, which will no doubt be attempted by their agent, General Faucet, who is now in this country, endeavoring to buy more human flesh to sacrifice to the demon of tyranny in America. To this object I shall apply at present my principal attention, at the same time keeping a watchful eye upon the Courts of Vienna and Berlin, to take advantage of the first favorable opening for as that appears at either.

I think it most probable, that one or both of those Courts will begin a negotiation with us, in a very little space of time after the peace between them is finally settled; however, for the present the King of Prussia has formally engaged, by a letter from his Minister, who writes in the King’s name, the 17th instant, “that the merchants of North America, who should come with their merchant vessels into the ports of his Majesty to trade there, in merchandise that is not prohibited, should have full liberty, and should be received in all respects, as the merchants of other countries.” This looks to me, as if they wished the trade to be commenced between America and the Prussian dominions, but the European merchants, and especially those who are not accustomed to a foreign commerce, which is almost universally the case with the merchants in the Prussian dominions, are cautious, and do not care to venture hastily in a trade, which they do not understand. A vessel or two from America, arriving in the port of Emden, would convince the Prussian merchants more of the practicability of this commerce, than a volume of the most demonstrative reasoning, that ever was written. You will judge then of the propriety of encouraging the American merchants to undertake a trial of this commerce.

This will be delivered to you by Samuel W. Stockton of New Jersey, who has been with me some months, in the capacity of Secretary to the Commission, at the Courts of Vienna and Berlin, for which purpose he left London in May last, where he had been some years pursuing the study of the law. He now returns to his country, because we do not see clearly how the expense of a Secretary is to be supported, since the American Commissioners at the Court of Versailles have lately demurred at paying my draft on them for my expenses, conformably to the resolve of Congress, and though they have allowed me some money, I am given to understand, that it is the last I am to expect from them; therefore, if you should agree in opinion with most others on the propriety of keeping up the Commissions in Germany, it will be quite necessary to establish some sure funds to support the expense. Mr Stockton has received from me 3732 livres for his expenses, and I am obliged to refer him to Congress for such further consideration as they may judge he deserves, not having it in my power to make him that compensation for his services to the public, which I think him entitled to. However, justice calls upon me to say, that he merits consideration and esteem for his zeal and readiness to serve his country, whenever it was in his power, and therefore I am sure Congress will render him ample retribution.

To Mr Stockton I refer you for further information relative to the general state of political affairs in this quarter of the world, and expecting shortly another opportunity, I shall write again, when I hope to be able to give you very pleasing accounts of the progress of my negotiations in this country. I have not received any letter or intelligence from you of a later date than May last, therefore I have no reply to make.

I have the honor to be, &c.

WILLIAM LEE.

TO THE PRESIDENT OF CONGRESS.

Paris, March l6th, 1779.

Sir,

I have just had communicated to me the copies of two letters from Mr Silas Deane, addressed to Mr President Laurens, dated Philadelphia, October the 12th, 1778, and a separate paper relative to the 11th and 12th articles in the Treaty of Commerce between His Most Christian Majesty and the United States of America;[56] in which letters, so far as respects me personally, he has asserted nearly the same groundless charges as in his letter to the public, which has been already so fully replied to, and proved to be utterly repugnant to truth. Had Mr Deane made these very extraordinary assertions only once, he might have had some shadow of excuse, though it is a very bad one, by pleading a weak memory; but a deliberate repetition of them, after an interval of time amply sufficient for recollection, shows a heart and designs of such a complexion as all good men should avoid and guard against. Mr Deane concludes with the following assertions, by way of summary of all that he had before advanced.

1st. “That Mr William Lee never had a commission for the commercial agency.” What Mr Deane may style a _commission_ I do not know, but he knew by a letter to himself from Mr John Ross, in July, 1777, of which he knows I have a copy, that I had as sufficient authority to act in the commercial agency as Mr Thomas Morris, and that I did act in that department accordingly. But if Mr Deane knew I was not a commercial agent, how can he palliate so bold and daring an imposition on His Most Christian Majesty and his Ministers, as to represent me in that character to them, which he did do in the letter signed by him to his Excellency Count de Vergennes in February, 1778, requesting that the late Mr Thomas Morris’s papers might be put into my possession, as then being the sole commercial agent of Congress. But, indeed, we ought not to be surprised at any imposition whatever on the part of Mr Deane, since he imposed himself on the King of France, his Ministers, and the whole world, as a Commissioner of Congress, on the 20th of March, 1778, when he confesses that on the 4th of that month he received a resolution of Congress, recalling him to America. I also refer for his conviction to the letters and proceedings of the Secret Committee.

2dly. Mr Deane says, “Mr Lee’s caution was such, that he never even answered my letters to him in February or March, informing him that Mr Robert Morris had written to me, that he was appointed; nor did I hear anything from him of his intentions until he arrived at Paris the summer following, where also he acted with the greatest caution while he waited the return of his brother from Berlin.” One cannot here omit observing the studied latitude of his expressions. Mr Deane talks of his letter in _February_ or _March_, and that I came to Paris in the summer following. Will Mr Deane say how many letters he wrote? I never saw or heard of but _one_. Will he please to say whether that one letter was dated the 1st of February, or the 31st of March? For the difference of _two_ whole months makes a very material alteration in the consequence he means to draw from the assertion. I will answer, that his only letter is dated the 30th of March, though he acknowledges his having received a _notification_ from Mr Robert Morris in February of my appointment, and at the same time was desired to give me information of it _immediately_. It has been also proved by Mr Deane’s letter to Mr Williams, on the same day, viz. March 30th, that he was plotting a contention and rivalship in this department, before it was possible for him to know my determination on the subject. Again, will Mr Deane specify what time in the _summer_ I arrived in Paris? Because here it is left to be understood, either the first day of June, or the last day of August, which is a still greater difference than the former expression. I will assert what I can prove, that I arrived in Paris the 11th of June, and that besides receiving a letter from me himself in the month of _May_, he was personally told by my brother, Arthur Lee, by my desire, in the beginning of May, that I would come over as soon as possible to execute my appointment, and so far from waiting in Paris for my brother’s return from Berlin, I waited, by the express advice of Dr Franklin and Mr Deane, until the 31st of July, 1777, as their letter to me of that date will show, which was nine days after my brother’s return from Berlin to Paris.