Chapter M: Genet to John Adams (4)

"Such are the terms of this treaty, which this court will not declare to be now in force; but one of the parties may renounce it; and it would be from that time, so far forth, a good cause of annulling it. It could not ever have been the intention of the contracting parties, that the merchant ships of the subjects of the States should become the transport vessels for the service of the King of France, nor that the men-of-war of the States should serve as a convoy to them. It is impossible to form an idea more unworthy of the sovereignty of the States. The idea of granting a convoy to all Dutch ships destined for the port of an enemy is offensive, and still more aggravating, when accompanied with resistance, or orders to resist, when they go so far as to reject _ipso facto_ all the ordinary ways of public justice, and to set at nought the articles, which had been established to prevent the consequences of the intervention of neuters, as parties in a war, by public acts; articles which stipulate a legal procedure for discussing all the points in controversy, before the courts of admiralty reciprocally; and in case the parties should not be satisfied, they ought to be finally heard by their respective sovereigns in council. Such is the tenor of the twelfth article of the treaty of 1674.

"In the present state of the cause, this court will not say, nevertheless, that the States have annulled the treaty; because the orders of Admiral Byland have not appeared, and his conduct may be disavowed by the States; but even the granting of a convoy, and above all of a squadron, is essentially offensive, since the Dutch subjects are already sufficiently armed by the treaty, and by the methods of redress prescribed, which are the same with all maritime nations. The party complaining follows the ship and the papers, which she has on board, into the jurisdiction of the place and country where he is carried, as the subject, who in the nature of things and proceedings, can only of necessity be judged there, where the original proofs exist; the judges specially constituted, for the decision of prizes, both in the first instance and in the last resort, are, by common consent, charged to hear and determine all national differences between powers who are friends and allies, like the Council of Amphyctions in ancient Greece. But seamen do not well comprehend this language. They speak roughly, like the mouths of their cannons. If this vessel had fired upon the boat, and any one had thereby lost his life, I think I should not have hesitated to condemn her upon general principles. Neither Admiral Byland, nor his instructions, are before me. I know not how to give a sentence against him or his vessels; nevertheless, he ought not to have fired upon the boat of Commodore Fielding; but he was bound to send to him his boat, and to propose an interview and an amicable conference. He might have made him a visit, which he immediately would have returned; and all the captains of the Dutch merchant ships might have been ordered on board the English Commodore, to produce their passports and cockets. The effect of his resistance is thus the cause, that, although I do not declare the treaty null generally, nevertheless, in retaliation to these vessels taken in time of resistance, I ought to declare the ship forfeited of its privilege, and foreclosed of the treaty, by the act of M. Byland. There was certainly never any vessel under convoy without instructions, at least in her course, and without signals. If the claimants had not withheld them, it would have appeared, whether the Dutch Admiral ought, or ought not to have escorted these ships even into the ports of France, which would have aggravated the offence against the treaty. A convoy of a single ship, destined for the States, destined for the Colonies of the States, or loaded generally with innocent commodities, is, in itself, inoffensive; because, in these times, there are in all the seas little pirates, furnished with all sorts of commissions, American, French, Spanish, and English; but a squadron of a line of battle ships, and which appears force [?] even to the treaty, which they claim the benefit of, is a serious affair. To engage in hostilities is not the way of protecting commerce; and those who have solicited the States to grant such a convoy, were rather factious Americans, or intriguing French politicians, than solid, sensible Dutchmen, true and real friends of their country. There is certainly among them a number of worthy people, who can never desire to become, in fact, a Province, under the obedience of the King of France, or his resident Minister.

"The case of the Swedish convoy is not applicable to this case. That convoy had not made any resistance. The ships entered the Downs by the bad weather, and were there taken without their convoy, which came to anchor near them. This was represented, and the course of justice was followed. The ship's papers were produced directly in this court, the requisites were done, and the causes finally discussed according to the style of the admiralty, _velo levato_; no time was lost, either in contesting the justice or demanding right; and the captains of the ships returned contented with their vessels after they had been paid the freight, as well as the expense; and the naval stores, which they had on board, were purchased by the government, by virtue of powers granted to the Council of the Royal Marine, by act of Parliament, in conformity to acts of Parliament in former wars.

"The question, whether the hemp and flax are contraband, is clear. Both of them have been adjudged such on all former occasions, when the quantity has been considerable, and particularly, when they are not of the produce of the country of the party which carries them. The flax is as necessary for sails, as the hemp for cordage; and if this court has once ordered that flax should be sold to the Commissioners of the navy, it was because it was of little value, and in very small quantity. I am sorry to learn, that the Navy Board makes any difficulty upon this subject. The iron on board was only for ballast."

I cannot go through with the whole of this decree for want of time; but the following curious and convenient doctrine ought not to be omitted.

"That, which in the natural or intellectual world is called quality, is not relative. Good and evil are relative. Everything is what it is, and acquires its denomination from comparison, degree, manner, quality, place, time, person, fault, &c. &c. These relations constitute the metaphysical essence of every complex idea in the human understanding. Hence that source, without end, of disputes, the glory of the bar, and of the schools of philosophy.

"Grotius and Bynkershoeck agree, and who is there that will deny, that necessity gives a right to make ourselves masters of everything, without the seizure of which a nation cannot defend herself? As in relation to want, if the enemy, on one part, is in want of stores, the want to intercept them on the other is equal. And in relation to blockades, every port of the enemy is blocked relative to a neutral vessel loaded with stores, which is seized, and, by consequence, blocked, or hindered to go there. It imports little, that whether the blockade be made across the narrows at Dover, or off the harbor at Brest, or L'Orient. If you are taken, you are blocked. Great Britain, by her insular situation, blocks naturally all the ports of Spain and France. She has a right to avail herself of this situation, as a gift of Providence.

"In fine, it is necessary to observe, that the claimants, founding themselves upon the privilege of the treaty, have not a single paper on board to prove the property of the cargo, in which respect all are defective. The sentence then, is, that, under the circumstances of this case, the claim of privilege is rejected, and that the Dutch master be enjoined to produce his sailing orders, and certificates and cockets from the Custom House of the port from whence the ship sailed, according to the stipulations of the sixth article of the treaty of 1674. The hemp and flax are condemned as contraband on board of this ship, and the owners of the iron are held to prove their property."

I have the honor to be, with the greatest respect, Sir, your most obedient and most humble servant,

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 7th, 1780.

Sir,

There are several articles of intelligence today, which are connected with the subject of my letter of yesterday. One is from the Hague, the 2d of April. "Thursday night last two couriers from Petersburgh arrived here, alighted at the hotel of the Prince Gallitzen, the Envoy Extraordinary of her Majesty the Empress of all the Russias to the States-General. One of the couriers set off immediately for London, to the Russian Minister who resides there. The Prince Gallitzen having been in conference the next day with the President of the Assembly of their High Mightinesses, relative to the said despatches, this Minister sent back, the next night after his arrival, the same courier. From that time the report runs, that the object of these despatches was to communicate to the Republic the measures taken by Russia, with some of the northern powers, for ensuring respectively the safety of the navigation and commerce of their subjects, and to invite the States-General to enter into the same arrangements."

The other is from Constantinople, the 14th of February. "The privateers continue to vex the neutral ships in the seas of the Grand Seignior, by visiting and stopping them wherever they find them, and even without any discretion, at the entry of the ports and under the guns of our fortresses. The French frigate, the Gracieuse, which lay at anchor in the road of Cyprus, having learned that an English privateer had brought into the port of this island a French prize, sent to her some boats armed to retake her, which they could not accomplish, however, without having some men killed on both sides. The English consul having carried his complaints to the government of the Island, of a violation of the laws of nations and demanded assistance, he was so well succored, that the French were obliged to abandon the prize, and all of their nation who were in the island came very near being massacred by the Turks. As the Porte has also been informed, that on the other hand the ship Smyrna, of Rotterdam, has run a risk of undergoing the same fate with the ship of Captain Kinder, of Amsterdam, and perhaps to suffer treatment still harder, and in sight of the city of Smyrna; she has not only resolved to send new orders to all the commandants, to enjoin them very seriously to observe a neutrality the most exact, by fulfilling their duty, but she has also testified her sensibility in regard to all these depredations to the Ambassadors of the Courts of France and England, by sending to them last Saturday a representation in writing, purporting, that as the Porte had not failed to observe, during the war between France and England, an exact and perfect neutrality to facilitate their commerce upon an equal footing, and to afford to their ships all possible safety in her seas, it was natural that she should, and ought to expect, that the two powers would answer her conduct with a sincere friendship. That at the news of the first differences arisen between the two kingdoms, there were conferences held with their Ambassadors, in which it was agreed upon an equal footing; that the rules of the sea should not be violated, and that they should be, on the contrary, exactly observed and respected. That in consequence of this agreement, the Porte had not neglected anything to fulfil of fortresses and castles in the empire, to protect the ships of war and merchant-men against every attack, and not to suffer that any hostilities should be commenced in the ports of the Grand Seignior, and under the cannon and in sight of his fortresses.

"But in spite of all these measures, these powers had not taken care to observe them, which was the cause that no nation could now navigate freely and safely; that even to this time, the Porte had not received the least answer on the subject of a regulation of neutrality, which had been formed upon the footing of that which had been established during former wars between Christian powers, and of which communication had been made to the said Ambassadors, with a view to put a stop to the intolerable irregularities which had taken place in his seas, and to the end to prevent in consequence continual complaints and representations. That the Porte was informed foreign privateers held his ports blocked up, and forced the ships which entered into them or went out, without even excepting the Turkish vessels, to submit to their unjust visits and searches.

"That such a conduct, being contrary to the honor of the empire, the Porte ought to determine, as soon as possible, and communicate to the belligerent powers a good regulation, to the end, to procure by that means repose, to his subjects, whom Providence had confided to his care, and to this end it was necessary, that the Ambassadors of these two powers should be advertised to request their Courts, in the first place, to send, as soon as possible, to the captains and officers of ships armed for war, or privateers, precise orders, and as some time must pass before they can receive such orders, the Porte hopes that the gentlemen, the Ambassadors, will be so good in the meantime, as to order the captains and officers to suspend their operations, and abstain from all acts of hostility.

"And as, in consequence of the ancient regulations, every time that any vessels of war or armed ships come into the seas of the Grand Seignior, the foreign Ministers were held to give notice to the Porte of the object of their expedition or voyage, of their destination, and of the time they were to stay, it could not but be regarded as unreasonable, and entirely contrary to the reciprocal friendship, if these formalities should not be observed, the Porte, considering it as one of its principal duties, to employ all possible means to procure the tranquillity of its merchants, to protect their possessions against all force and injustice, as also to grant its protection to the subjects of the belligerent powers, and those of other powers who are equally good friends of this empire."

The Porte finishes, by giving notice to the Ambassadors, that the Capitan Pacha was ordered to oppose himself in a friendly manner to the enterprises of those, who should pursue the ancient proceedings, and to protect the merchants and the ships of all nations, who carry on commerce in the countries of this empire, whose sovereigns live in friendship with the Porte.

A third is a letter from Petersburg, 7th of March. "The rencounter which the Dutch convoy, on going out of the Texel the later end of December, under the command of Admiral Byland, had with the English squadron under Commodore Fielding, as well as the violent and hostile manner in which they made prize of this convoy, have occasioned here the greatest astonishment, and it is very much desired to know the consequences of this measure, which is generally considered as very offensive to the Republic of the United Provinces, and derogatory both to the treaties subsisting between the two nations, to the law of nations, and to the respect which ought to take place between two free and independent powers."

But that which is thought more extraordinary still, is, that the Court of London should have ordered a step so violent and insulting at a time when, having to maintain a war so dangerous as that against France, Spain, and the United States of America, her situation must appear not less anxious than dangerous, which this Court itself seems to acknowledge, by representing as she has done, that not finding herself in a condition to oppose the dangerous designs of the House of Bourbon, which, if you believe her, threaten the safety of all Europe, she believed herself consequently to have cause to demand succors here, as well as from the Republic of the United Provinces. However this may be, it is nevertheless notorious, that the solicitations of England have produced no effect here, which has given no small satisfaction to those, who consider in their proper point of light the designs and the conduct of this power, since the commencement of this war against the liberty of commerce and the navigation of free and independent powers, by means of which people in general seem so much the more pleased with the present resolution taken by her Majesty the Empress of all the Russias, relative to the said solicitation, as well as with the system of neutrality, which she has adopted, because without this wise measure there is no doubt but Great Britain would have pushed much further the irregularity of her proceedings.

The English, who are here, exert themselves as much as they can to justify and even to praise this proceeding of their nation towards the said convoy, but in vain have they attempted to induce the public to adopt this error, by advancing boldly, that the Court of Russia approves the violence, which they have exercised in this rencounter. No man believes them, since in fact it is impossible that the Empress can approve an action so diametrically opposite to the tenor of treaties, to the law of nations, as well as to the dignity of a sovereign and independent power, the injustice of which is so notorious, that if it had been committed with similar circumstances upon the Russian flag, the Princess herself would have been the first to have condemned it. Thus the reports, which the English propagate here, of the approbation given to these proceedings, imply so much the more of a manifest contradiction to the sentiments and manner of thinking of the Empress and her Ministers, that it is well known, that from the beginning of the present troubles, the Court of Russia has made representations and complaints against that of London, for the violent and arbitrary manner of acting, which this last has indulged herself in, against the navigation and commerce of neutral powers, from whence it has resulted, that other nations, in imitation of this proceeding, have embarrassed business more and more, until there exists no safety for any, which causes the greatest embarrassment to merchants and the freighters of ships.

I ought to add to this letter, that the English emissaries, who propagate false news everywhere and about everything, having circulated a report, that the Porte was discontented with the peace made with Russia, the Grand Seignior thought it necessary to order the interpreter of the Court to declare to all foreign Ministers, that the Sultan and all his Ministers had every reason to be very well satisfied with the accommodation with the Empress of Russia, and that he was determined to maintain religiously all the articles contained in that treaty. All these things tend to show, that the state of Europe continues the same, and that England, instead of getting an ally, is likely to have a combination of all maritime powers to bring her to reason.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO WILLIAM CARMICHAEL, SECRETARY OF THE AMERICAN EMBASSY AT MADRID.

Paris, April 8th, 1780.

Sir,

I have this moment the honor of your letter from Madrid of the 29th of February, as I suppose, although the month is not mentioned. I thank you, Sir, for commencing a correspondence, which I have for some time wished to begin. I wrote to Mr Jay at Madrid, on the 22d of February, and wish to know if he has received the letter. It is certainly proper, that those who are intrusted abroad should maintain a correspondence and cultivate a good understanding with each other, because, although their departments are in some respects separate, yet in others they are intimately connected. From all that I heard in Spain, I expected, that you would meet with an agreeable reception at Madrid; and I am much pleased to learn from you, that I was not mistaken.

I have sometimes wondered at the slowness of Spain in making a treaty with us; but, when I reflected upon a certain secret article, my surprise ceased. We are already bound in a treaty to her, but she is not bound to us. It would be ungenerous in her, however, to hold us long in this situation. The treaty, notwithstanding all that has been justly said of the advantages to us, is not less advantageous to our allies. The single article, that binds us to exclude all armed vessels of the enemies, in all future wars, from our ports, is worth more millions to them than this war will cost; nay, it will be a severer loss to Great Britain, than all that she has spent in it. Whether Great Britain has considered this or not I do not know; but she will some time or other discover it, and feel the inconvenience of it.

You ask for news from America. A vessel from Baltimore is arrived at Bordeaux, but not a single letter to Dr Franklin or me. She brings two or three Baltimore newspapers, one as late as the 15th of February. There has been a hard winter, deep snows, uncommon frosts, frozen over from Connecticut to Long Island, and from New Jersey to Staten Island. Lord Sterling went over to Staten Island with a party on the ice, burnt a few vessels and a guard house, took a few prisoners, and brought off a few deserters. Some New Jersey people went over at the same time, and plundered without mercy. Finding the communication open with New York, which had been supposed to be obstructed by the ice, he returned. An article from a Fishkill paper says, that Clinton and Cornwallis sailed the 26th of December, with seven thousand men, for the West Indies, but that the storm, which happened soon after their departure, was supposed to have done him mischief. A ship, brig, and schooner were lost in the storm on Cape Cod, unknown who or whence, all perished. Congress had recommended to all the States to regulate prices at twenty for one, which, by the speculations in the papers, was not well liked. Governor Johnson is a delegate for Maryland, General Ward for Massachusetts, in the room of Mr Dana, (who desires me to return you his compliments and respects.) The other delegates as last year. This is all the news I can recollect, having seen the papers only a few minutes in a large company.

The general state of affairs appears very well. I see no probability of England's obtaining an ally; on the contrary, there are many symptoms of an approaching combination of the maritime powers, to protect neutral ships from searches and insults. Ireland is in the full career of independence. England seems determined to force Holland into a war against her, that she may have an opportunity to plunder her.

The correspondences and associations in England distress the Ministry very much; and, if the war continues and they should not be very successful, it seems likely, that they would save us the trouble of despatching them. I wish, however, that France and Spain were more convinced of the advantages they have in America and the West Indies. The more ships they send into those seas, the more they will force England to send there; and the more she sends there, the weaker she is in Europe, and the less she is dreaded and respected. Holland, Ireland, the opposition in England, and the other maritime powers all feel a confidence rising in proportion to the diminution of the British naval force in Europe, besides the innumerable advantages the French and Spaniards have, in supporting the war in the American seas over the English, which they have not in Europe; but I am apprehensive of being tedious. My compliments to Mr Jay and his family.

I am, with much respect, your most obedient and humble servant,

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 8th, 1780.

Sir,

It will not be disagreeable to Congress to see a list of the naval losses of the English, since the commencement of the war.

_Taken by the Americans and the French._

Guns. Guns.
Active, 82 Experiment, 50
Fox, 1st, 20 Montreal, 32
Fox, 2d, 20 Alert, cutter, 14
Lively, 20 Ceres, 18
Hellena, schooner, 16 Countess of Scarborough, 42
Ardent, 64 Liverpool, 28
Thorn, 16 Unicorn 20
Drake, 20 Ariel, 16
Minerva, 32 Folstone, cutter, 6
Serapis, 44 Holderness, destroyed, 4

_Lost, or cast away._

Guns. Guns.
Somerset, 64 Mermaid, 28
Arethusa, 32 Glasgow, burnt, 20
Speedwell, 14 Vestal, 20
Acteon, 32 Mercury, 20
Repulse, 32 Quebec, blown up, 32
Viper, 16 Grampus,
Success, 24 Tortoise,
Pomona, 18 Leviathan.

_Burnt, sunk, or otherwise destroyed, to prevent their falling into the Hands of their Enemies_.

Guns. Guns.
Augusta, 64 Cerberus, 28
Lark, 14 Syren, 28
Juno, 32 King Fisher, 14
Flora, 32 Falcon, 18
Orpheus, 32 Essex, 64

Making a total number of fortysix vessels.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 10th, 1780.

Sir,

There are several miscellaneous articles of intelligence, which ought to be mentioned to Congress.

One from Copenhagen, of the 25th of March. "The Count de Lucchese, Minister of the King of the Two Sicilies, and charged at the same time with the affairs of the Court of Madrid, has received orders to declare to ours, that the King of Spain had it in contemplation to make arrangements relative to merchant ships of neutral powers, and with which we should have cause to be very well pleased. However this may be, we have not any news that the Danish ships detained, to the number of twenty, at Cadiz and Malaga, have been as yet released, which is a great damage to those who are interested in those vessels.

"There is arrived in this city a courier coming from St Petersburg, who has also passed through Stockholm, who after having delivered his despatches to the Envoy Extraordinary of her Majesty, the Empress of all the Russias, at this Court, immediately continued his journey for Hamburg."

Another is from Madrid, the 13th of March. "It is said that our Court will soon publish a new regulation relative to the Dutch navigation. In the meantime, they have released two ships of this nation, viz. the Griffin and the Zandam, which were detained at Algeziras.

"The register ships destined for the Havana and Vera Cruz, which are ready at Cadiz, are to sail immediately; these ships will be convoyed by twelve ships of the line and two frigates, as far as the Canary Islands. It is assured, that there will be embarked on board of this fleet, twelve thousand men, who are to be transported to America under the command of Don Victa de Nava, Lieutenant General. The last letters from the Havana import, that there were in that port fourteen ships of the line, as well as four thousand men ready to embark for an expedition, the object of which is yet unknown. Two of our cruisers have entered Barcelona with five very rich prizes, among which, one had on board eighteen thousand guineas, destined for Mahon."

Another from Paris. "Letters from Malta of the 11th of February inform, that the King's frigate, the Syracuse, commanded by M. Clavel, off Candia, has taken the English cutter, the Buck, of twentyfour guns, twelve swivels, and two hundred and three men, commanded by Captain George Flagg, and that the bad condition to which the engagement had reduced her, had induced him to sink her."

Another from Francfort, of the 1st of April. "They write from Hesse, that they continued to raise many recruits, and that there were at Ziagenham six hundred and eight volunteers, who were to set off in a little time with eleven hundred and twenty men for America."

Another from Amsterdam, of the 6th of March. "We learn from Dort, that they expected there the English vessels destined to transport the German troops for the service of England, which were still at Nimeguen; and they write from the Hague, that General Faucet had arrived there a few days since."

Another from London, of the 31st of March. "The despatches, which the Court has last received from Sir Joseph Yorke, excite the particular attention of the Ministry. Although the contents of them have not yet been made public, it is said, nevertheless, that in consequence of the memorial, presented on the 21st to the States-General by the British Minister, their High Mightinesses have taken the _Pre-avis_, relative to the succors demanded by Great Britain, which, although conceived in very moderate terms, contains, nevertheless, a refusal to furnish the succors demanded. The Republic, as it is pretended, founding its inability to comply with this demand principally upon the non-existence of the case of invasion of the British States, as a case, which alone could lay them under obligation to accede to the requisition of the King of England, the Count de Welderen, Envoy Extraordinary of the States-General, has been on the 29th in conference with Lord Stormont, and communicated to him the _Pre-avis_ of their High Mightinesses, relative to the requisition of his Britannic Majesty, upon the subject of which the States-General will soon take a formal resolution. It is reported also, that his Excellency has likewise imparted to our Ministry the sentence of a court martial, which has adjudged, that Count Byland was not the aggressor in the affair of the seizure of the Dutch ships by Commodore Fielding. However, it is asserted, that the Court of St James has declared afresh, 'That if the States-General refuse to furnish to England the succors demanded in virtue of the treaties, she will give orders to search, without distinction, all Dutch ships under convoy and without convoy, and that all the merchandises and effects destined for the French and Spaniards, which shall be found loaded on board of these vessels, shall be seized and confiscated; adding, that it is neither just nor reasonable, that the Republic should be excused, on her part, from the observation of the treaties, while England should be held on hers to fulfil the conditions, and that thus, in consequence of her former declaration, the Republic should be no more considered but on the footing of other neutral powers.'

"They say, moreover, that the reasons alleged by their High Mightinesses in justification of their refusal to acquiesce in the demand of England, are of a nature to convince our Ministry, that such an acquiescence would produce consequences equally hurtful to the respective interests of the two powers in the present conjuncture.

"We are assured, that each man of the crews of the squadron of Commodore Fielding, will receive more than nine pounds sterling, for his share of the proceeds of the captures made of the Dutch convoy, and that there will be two hundred pounds sterling paid to the King's ships at Spithead, for their part of the prizes which they have made.

"The Court has received, within a few days, a great number of despatches from its Ministers at foreign Courts, the contents of which have given occasion to several cabinet councils. Those of Sir Joseph Yorke have excited a particular attention.

"The officers of all the vessels of war destined for sea, have received orders to repair on board as soon as possible, and be ready to sail on the first notice. The officers of the regiments of regular troops, and of the militia, must also join their respective corps without delay, that they may be ready to march by the middle of April. The forces will encamp nearly in the same place as last year; and there will be some detached corps ready to join the different camps according to circumstances."

I have the honor to be, with the greatest respect and esteem, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 10th, 1780.

Sir,

The _Memoire_ of the Prince Gallitzen, Envoy Extraordinary from the Empress of all the Russias to the States-General, presented the third of this month, is of too much importance to the United States of America, and their allies, to be omitted to be sent to Congress. It is of the following tenor.

"High and Mighty Lords,

"The undersigned, Envoy Extraordinary of her Majesty, the Empress
of all the Russias, has the honor to communicate a copy of the
declaration, which the Empress, his Sovereign, has made to the
powers actually at war. Your High Mightinesses may regard this
communication, as a particular mark of the attention of the
Empress to the Republic, equally interested in the reasons which
have given birth to this declaration.

"He has, moreover, orders to declare, in the name of her Imperial
Majesty, that how much soever she may desire, on the one hand, to
maintain during the present war the strictest neutrality, she
will, nevertheless maintain, by means the most efficacious, the
honor of the Russian flag, and the safety of her commerce, and
the navigation of her subjects, and will not suffer that any
injury should be done to it by any of the belligerent powers.
That to avoid, on this occasion, all misunderstanding or false
interpretation, she has thought it her duty to specify in her
declaration the terms of a free commerce, and of that which is
called contraband; that if the definition is founded upon notions
the most simple, the most clear, and the most determinate by the
law of nature, that of the latter is taken by her literally from
the treaty of commerce of Russia with Great Britain; that by this
she proves incontestably her good faith, and her impartiality
towards both parties; that she thinks, consequently, that she
ought to expect, that the other commercial powers will be earnest
to accede to her manner of thinking relative to the neutrality.

"In pursuance of these two views, her Majesty has charged the
subscriber to invite your High Mightinesses to make a common
cause with her; insomuch, that this union may serve to protect
commerce and navigation, observing at the same time the most
exact neutrality, and to communicate to you the measures which
she has taken in consequence. Similar invitations have been
already made to the Courts of Copenhagen, Stockholm, and Lisbon,
to the end, that by the common cares of all neutral maritime
powers, a neutral system, founded on justice, and which, by its
real utility, may serve as a rule for future ages, may be
established and made legal in favor of the commercial navigation
of neutral nations. The subscriber makes no doubt, that your High
Mightinesses will take into consideration the invitation of her
Imperial Majesty, and concur in making, without delay, a
declaration to the belligerent powers, founded upon the same
principles with those of the Empress, his sovereign, by
explaining your sentiments at the same time upon the subject of
the protection of your commerce, of your navigation, and of the
nature of contraband goods, conformably to the terms of your
particular treaties with other nations. Moreover, the subscriber
has the honor to assure your High Mightinesses, that if, for
establishing solidly a system, equally glorious and advantageous
to the prosperity of navigation in general, you will commence a
negotiation with the neutral powers abovementioned, to the end to
establish a particular convention upon this subject, the Empress,
his sovereign, will be ready to engage in it.

"Your High Mightinesses will readily perceive the necessity of
coming to a resolution upon subjects equally important and
advantageous to humanity in general.

"The subscriber requests the favor, that your High Mightinesses
would furnish him with a speedy answer.

GALLITZEN."

* * * * *

DECLARATION

_Of her Majesty, the Empress of Russia, made to the Courts of
Versailles, Madrid, and London, mentioned in the foregoing
Memorial._

"The Empress of all the Russias has manifested so visibly the sentiments of justice, equity, and moderation, which animate her, and has given, during the whole course of the war maintained against the Ottoman Porte, such convincing proofs of her attention to the rights of neutrality, and the freedom of commerce in general, that, in this respect, she may appeal to the testimony of all Europe. This conduct, as well as the scrupulous exactness with which she has observed the rules of neutrality during the Course of this war, has given her room to hope, that her subjects would peaceably enjoy the fruits of their industry, and the advantages, which belong to all neutral nations. Experience has, however, taught her the contrary, since neither these considerations, nor the regard due to what the law of nations in general prescribes, have been able to hinder the subjects of her Majesty from being oftentimes troubled in their navigation, or interrupted or retarded in their commerce, by the subjects of the belligerent powers. These interruptions having come upon business in general, and that of Russia in particular, are of a nature to awaken the attention of all the neutral nations, and oblige her Majesty, the Empress, to seek to deliver herself from them by all means suitable to her dignity and the well being of her subjects.

"But before she shall put them in execution, being filled with a sincere desire to prevent all subsequent acts of violence, she has thought that it was consistent with her equity to lay open to all Europe the principles, which will govern her, and which are indispensable to prevent all misunderstanding, as well as all which might give occasion to it. To this she has determined herself with so much the more confidence, as these principles are drawn from the primitive law of nations, and adopted by all nations, which the belligerent powers themselves cannot enervate, at least not without violating the laws of neutrality, and contemning the fundamental rules which they themselves have adopted, in divers treaties and alliances now existing.

"ARTICLE I. That all neutral vessels ought to navigate freely from one port to another, as well as upon the coasts of the powers now at war.

"ARTICLE II. That the effects belonging to the subjects of the belligerent powers shall be free in neutral ships, excepting always contraband goods.

"ARTICLE III. That her Imperial Majesty, in consequence of the limits above fixed, will adhere strictly to that which is stipulated by the tenth and eleventh articles of her treaty of commerce with Great Britain, concerning the manner in which she ought to conduct towards all the belligerent powers.

"ARTICLE IV. That as to what concerns a port blocked up, we ought not in truth to consider as such any but those, which are found so well shut up by a fixed and sufficient number of vessels belonging to the power which attacks it, that one cannot attempt to enter into such port without evident danger.

"ARTICLE V. That these principles above laid down ought to serve as a rule in all proceedings, whenever there is a question concerning the legality of prizes.

"From these considerations, her Imperial Majesty makes no difficulty to declare, that wishing to insure the execution of that, which is herein before declared, to maintain at the same time the honor of her flag, as well as the safety of the commerce of her States, and also to protect the navigation of her subjects against all those whom it may concern, she has given orders that a considerable portion of her maritime forces shall be put to sea, with no other intention than to insure the observation of the most exact and the most strict neutrality, which her Majesty proposes to keep as long as she shall not see herself absolutely forced to depart from that system of moderation and of perfect neutrality, which she has adopted; in such sort, that it will not be but in the last extremity, that her fleet will exercise her final orders to go wherever the necessity and the circumstances may require.

"It is then by assuring the belligerent powers in the most solemn manner, and with all that rectitude and sincerity, which form the distinguishing character of her Imperial Majesty, that she declares to them that she proposes to herself no other thing, than to convince them of the sentiments of equity with which she is animated, as well as of the tendency of her salutary views towards the well being of all nations in general, and particularly of those now at war, and that consequently her Imperial Majesty will provide her Admiralty as well as her Generals with instructions relative to this system, extracted from the code of nations, and which they have so often taken for rules in their treaties."

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 11th, 1780.

Sir,

The counties in England, which have agreed to petitions upon the expenditure of public money, the influence of the Crown, and the corruption of Parliament, are these.

York, December 3d, 1779,
Dorset, " 27th, "
Middlesex, January 7th, 1780,
Chester, " 13th, "
Hertford, " 17th, "
Sussex, " 20th, "
Huntington, " 20th, "
Surry, " 21st, "
Cumberland, " 22d, "
Bedford, " 24th, "
Essex, " 24th, "
Gloucester, " 25th, "
Somerset, " 25th, "
Wilts, " 25th, "
Devon, " 28th, "
Norfolk, " 29th, "
Berks, " 31st, "
Bucks, February 26th, "
Nottingham, " 28th, "
Kent, March 4th, "
Northumberland, " 8th, "
Hereford, " 11th, "
Suffolk, " 14th, "
Cambridge, " 25th, "
Derby, " 30th, "

In all, twentyfive counties.

The first meeting of the delegates was March the 11th, 1780. The cities and towns, which have agreed upon similar petitions, are London, Westminster, York, Bristol, Cambridge, Nottingham, Newcastle, Reading, and Bridgewater.

The counties, which have not yet agreed upon petitions, are Westmoreland, Durham, Lancaster, Salop, Stafford, Lincoln, Leicester, Warwick, Oxford, Worcester, Cornwall, and Rutland. Hants agreed on a petition, but appointed no committee, and Northampton agreed to instruct their members on the points of the petition.

This account takes no notice of the twelve Welsh counties; these, however, are small.

The counties, which have already petitioned, it seems, therefore, are a vast majority of the kingdom in numbers as well as property and understanding; and the meeting of their committees may be reasonably considered as a more equitable and adequate representation of the people of England, than the House of Commons.

Amidst all the addresses, instructions, petitions, associations, and resolutions, I never found one that dared to expose the true cause of their miseries, and to propose a remedy, until the association of the county of York appeared, which was agreed to by the committee of sixtyone, to be recommended to the general meeting of the county of York, held the 28th of March, 1780.

They declare their unanimous assent,

1st. To the economical reform requested by the petitions of the people.

2dly. To the proposition for obtaining a more equal representation of the people in Parliament, by the addition of at least one hundred Knights, to be chosen in a due proportion by the several counties of Great Britain.

3dly. To the proposition for the members of the House of Commons to be elected, to serve in Parliament for a term not exceeding three years.

But the most important resolution of all was also unanimous, "That it is the opinion of this meeting, that the prosecution of an offensive war in America is most evidently a measure, which, by employing our great and enormously expensive military operations against the inhabitants of that country, prevents this from exerting its united, vigorous, and firm efforts against the powers of France and Spain, and has no other effect upon America, than to continue, and thereby to increase the enmity, which has so long and so fatally subsisted between the arms of both, can be productive of no good whatever, but by preventing conciliation, threatens the accomplishment of the ruin of the British Empire."

This meeting, which is said to have been the largest ever known, and perfectly unanimous, gave power to the committee of association to call the county together when they should judge proper.

After all, even this committee does not appear to see the true interest of the country, the necessity of peace. Peace alone can save them. They are for leaving America, which is a great thing; but it does not appear but that they are still for continuing the war with our allies.

An article of the 4th of April says, that commotions are reported to have arisen in the County of York, many of the inhabitants of which have peremptorily refused to pay the taxes.

Congress will observe by the paragraphs in the Morning Post of April the 1st, that they seem to be in England totally ignorant of the designs of the Empress of Russia, and of the other neutral powers.

The paper of April the 3d contains Major General Campbell's and Lieutenant Colonel Dickson's account of the surrender of the port of Baton Rouge, &c. with about five hundred regular troops prisoners of war, to Don Bernado de Galvez, the 21st of September.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 14th, 1780.

Sir,

Everything which tends to show the probability of a general association of the maritime powers, against the violences at sea, which the English have practised, and which other nations, after their example, have begun, and which tends to prove the justice, the wisdom, and the humanity of such an association, is worthy of observation. For my own part, I think, that the abolition of the whole doctrine of contraband would be for the peace and happiness of mankind; and I doubt not, as human reason advances, and men come to be more sensible of the benefits of peace, and less enthusiastic for the savage glories of war, all neutral nations will be allowed, by universal consent, to carry what goods they please in their own ships, provided they are not bound to places actually invested by an enemy.

_Constantinople, March the 3d._ "The Porte having received the disagreeable news, that three xebecs from Malta had seized upon a large Turkish ship with a rich cargo of coffee, rice, hemp, and other productions, this advice has accelerated the departure of two men-of-war and four gallies, which will go before the fleet of the Grand Admiral, to cruise in the Archipelago, and protect the navigation of the European nations against the vexations of the French and English."

_Copenhagen, March the 28th._ "Captain Zagel, the courier of her Majesty, the Empress of all the Russias, is returned to Petersburgh, accompanied by Captain Socolousky, Secretary of the Russian Consul in the Sound. They are very busy here in equipping the vessels of war, the Wagrie, of sixtyfour guns, the Infodstretten, of sixtyfour, and the frigate Combord, of thirtyfour."

_London, April the 4th._ "There are lately arrived here interesting despatches to government from Sir Joseph Yorke, which contain some further explanations of the dispositions of the Republic, in consequence of the last Memorial presented to their High Mightinesses by that Minister, and the resolution to protect the commerce of their subjects. However this may be, there are actually in the ports of this kingdom fifty Dutch vessels seized by our ships of war, because they were found loaded with naval stores for our enemies; and, already the most of their cargoes have been adjudged good prizes. These articles being considered as contraband, and their transportation to an enemy contrary to treaties subsisting between the Republic and England."

_Hague, April the 9th._ "We learn, that the States of the Province of Overyssell have sent to the Assembly of their High Mightinesses their instructions, relative to the two Memorials presented by Sir Joseph Yorke, the 28th of July, and the 26th of November, of the last year, the first purporting a demand of succors stipulated by the treaty of 1678, and the second demanding an immediate and categorical answer. The contents of the instructions are, 'That their Noble Mightinesses, after having maturely reflected upon all which concerns the matter in question, especially upon the treaties existing between the kingdom and the Republics, as well as the obligations, which the two nations had mutually laid themselves under, and also in particular, upon the present situation in which this republic now stands in several points respecting her own preservation, the maintenance of her rights and possessions, and respecting the powers actually at war, judge, that the two Memorials presented by Sir Joseph Yorke may and ought to be answered in the following manner. That all the principles alleged, and the circumstances at this time existing, oblige their High Mightinesses more than ever to watch carefully their own preservation and defence, to use every effort to ward off all further dangerous consequences, and to this end, to request his Majesty not to take it in ill part, if in the critical situation of affairs, in which the least diminution of their forces might be dangerous, their High Mightinesses think themselves lawfully authorised to refuse the succors demanded by his Majesty, although these succors, considering certain engagements, the pretended application of which it would be useless at this time to search into, may be judged indispensable by his Majesty, in the firm confidence, that, in the circumstances in which their High Mightinesses find themselves, his Majesty, not disapproving, of their conduct, will desist, not only from demanding their assistance, but on the contrary, as a proof of the affection of which his Majesty had so often given them assurances, will permit them invariably to pursue that neutrality, which from the beginning of the present troubles they have adopted.'

"It is asserted, that on the Memorial presented by the Prince Gallitzen, Envoy Extraordinary of the Empress of Russia, their High Mightinesses have provisionally concluded, 'That having taken the said Memorial into consideration, the deputies of the respective Provinces have sent copies of it, as well as of the papers annexed to it, to be communicated to their Assemblies, praying them to procure, as soon as possible, the resolutions of the States, their constituents.'

"In the meantime, since the said Memorial has been made public, it is given out, that the convention between the Courts of Petersburgh, Stockholm, and Copenhagen, will in a little time be confirmed, and that Denmark will procure, on certain conditions, five or six thousand seamen for this Republic.

"We learn that the answer of his Britannic Majesty to the representations which the Count de Walderen, Minister of the States-General at the Court of London, has been charged by their High Mightinesses to make to the British Government, relative to a prolongation of the term of three weeks, prescribed in the last Memorial of Sir Joseph Yorke, for giving him a definitive answer, &c. arrived the 31st of last month, and is found to be in the negative, the King insisting on an answer by the time fixed, which will expire next Tuesday.

"They give out, that the cities of Dantzic, Lubec, Bremen, Hamburgh, &c. will adopt, as well as most of the northern powers, the party of neutrality, and that, if England persists in the practice of visiting, stopping, and searching neutral vessels, Denmark is resolved to exclude English vessels from the Sound."

To judge of things the most impartially, no man can doubt, that proceedings so violent, and so contrary to the natural rights of nations, will make the neutral powers _feel_ how much it imports them to set bounds to the intolerable excesses, to which their vessels, sailing under the faith of treaties, are daily exposed by the ships of one party in the present war.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 15th, 1780.

Sir,

There is an article from Hamburgh which deserves attention; it is this.

"The neutrality of the powers of the north is decided. They have profited of the divisions, which have arisen between England and North America, by selling to the former, timber, cordage, hemp, and tar, which she formerly drew from her Colonies. The occasions, which the enemies of Great Britain have also had for these articles, have established a competition, which has procured great advantages to the commerce of the north. They have everywhere taken measures to protect it."

In vain has England sought assistance from that quarter; her conduct has irrevocably deprived her of it.