Chapter XV: Part 15

"Their High Mightinesses, the States-General of the United Provinces of the Low Countries, having had nothing more at heart, since the commencement of the present war, and having desired nothing more earnestly, than to observe invariably the most strict and the most perfect neutrality between the belligerent powers, and to fulfil at the same time their essential and indispensable obligations by granting a convenient protection to the commerce and the navigation of their subjects, and by maintaining and defending the rights and liberties of their neutral flag, have learned with the highest satisfaction, that her Majesty, the Empress of all the Russias, constantly animated with noble and generous sentiments, which must transmit to the latest posterity the immortal lustre and renown of her glorious reign, has thought fit to declare to the belligerent powers, 'That being in the intention to observe during the present war the most exact impartiality, she is determined to maintain, by all the means the most efficacious, the honor of the Russian flag, as well as the safety of the commerce and the navigation of her subjects, and not to suffer any of the belligerent powers to give them any interruption.' The sentiments and the views of their High Mightinesses answer perfectly, and are entirely conformable to the principles, which make the basis of the declaration of her Imperial Majesty; and they consequently do not hesitate to lay open, after her example, to the belligerent powers, the same principles, which they are determined to follow, and to maintain in concert with her Imperial Majesty; viz.

"1st. That neutral vessels may freely navigate from port to port, and upon the coasts of the powers at war.

"2dly. That the effects belonging to the subjects of the powers at war, shall be free upon neutral vessels, excepting only merchandises of contraband.

"3dly. That with regard to contraband, their High Mightinesses adhere to what is stipulated by the treaties concluded between them and the belligerent powers, and more expressly, by the sixth article of the treaty of marine with the Crown of Spain of the 17th of December, 1650; the third article of the treaty of marine with the Crown of England of the 1st of December, 1674; and the sixteenth article of the treaty of commerce, of navigation and of marine with the Crown of France of the 1st of December, 1739, for twentyfive years. The dispositions and determinations of which treaties, in their full extent relative to merchandises of contraband, their High Mightinesses consider as entirely founded on natural equity and the law of nations.

"4thly. That no place shall be adjudged blockaded, but when ships of war, stationed in the neighborhood, shall hinder, that no vessel can enter without evident danger.

"5thly. That these principles shall serve as rules to judge of the lawfulness or the unlawfulness of prizes.

"As these principles form and constitute the universal rights of neutral powers, and as they are, moreover, confirmed by treaties which can never be lawfully annulled or altered, or suspended but by a common act, and reciprocal consent of the contracting parties, their High Mightinesses flatter themselves, that the belligerent powers will acknowledge and respect the justice of them, by giving no obstruction to the commerce of the subjects of their High Mightinesses, and by not troubling them in the free enjoyment of rights, the propriety of which cannot be contested, to the flag of neutral and independent powers."

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, January 15th, 1781.

Sir,

Zealand is still endeavoring to divert the Republic from its interest and its duty, to embarrass its operations, and involve it in disgrace and ruin.

The Directors of the Company of Commerce, and that of Ensurance, and a great number of merchants, established at Middleburg, in Zealand, have presented a petition to the States-General, to supplicate their High Mightinesses to try again the way of negotiation, and to endeavor to prevent by this means the damages with which the subjects of the Republic are still threatened, by a war with England, and to come to a friendly accommodation. This petition has been supported by a resolution of the States of Zealand, transmitted to the Assembly of the States-General; but it is said, that this petition has been rendered commissorial, and will not be taken into consideration, unless the English should make some propositions of peace. The state of the Marine of this Republic, during the year 1781, as it has been proposed by the petition of the Council of State, is, two vessels of seventy guns, and five hundred and fifty men; nine of sixty guns, and four hundred and fifty men; fifteen of fifty guns, and three hundred men; two of forty guns, and two hundred and seventy men; one of forty guns, and two hundred and fifty men; fourteen of thirtysix guns, and two hundred and thirty men; thirteen of twenty guns, and one hundred and fifty men; five sloops, one hospital ship, four packet boats, twelve large armed vessels, sixteen smaller; making in the whole ninetyfour ships, and eighteen thousand four hundred and ninety men.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, January 16th, 1781.

Sir,

The Prince, on the 26th of December, made a proposition to the States-General, viz. in substance, "That His Most Serene Highness had already communicated the last year to the respective Provinces his advice, to equip fifty or sixty vessels of war, and to augment the land forces to fifty or sixty thousand men, to put the frontier places in a good state of defence, and to provide necessary magazines of warlike stores, to the end, to be in a condition to defend the lawful rights of the Republic; that His Most Serene Highness had seen with satisfaction, that as far as respected the marine, it had been made better in some degree; and that he flattered himself, that the States of all the Provinces would reinforce it for the ensuing year, with redoubled zeal, since they could not be too much upon their guard in the present conjuncture; that it was equally necessary to put the Republic in a convenient state of defence, on the land side; and that he hoped, that they would at this day think seriously of it; that they would augment the fortifications, and supply the magazines, since, if they failed in this, His Most Serene Highness would not be responsible for the events, &c."

The States-General, after having thanked the Stadtholder, for his assiduous zeal and solicitude to maintain the Republic in the enjoyment of its liberty and independence, resolved, "That the proposition of His Most Serene Highness should be communicated to the respective Provinces, and that it should be represented to them, that His Most Serene Highness, animated with the purest love of his country, insists with reason (at this day when the danger is immediate, and war appears inevitable) upon the necessity of making unanimous efforts, to the end to resist this danger, and to preserve the Republic, by joining courage to prudence; that the maritime forces of the Republic are not yet sufficient to protect the commerce, the source of the well being of the public in all its branches, and to ensure from all invasion the possessions of the Republic, both in the East and the West Indies; that, therefore, their High Mightinesses think themselves under obligation to pray the members of the union, in a manner the most friendly and the most pressing, to fix their attention as soon as possible upon these objects, and to accomplish them with vigor, since the storm, which approaches at sea, may easily, by a sudden revolution, discharge itself upon the continent, so that an augmentation of land forces is as indispensably necessary, as the armament by sea; that from these motives, their High Mightinesses assure themselves, that since there no longer remains for the Republic a choice between peace and war, the respective members of the union will endeavor, as far as possible to defend their country, and all which is dear to them, by acting with unanimity, courage, and candor."

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, January 15th, 1781.

Sir,

Congress will not expect me to write upon the subject of peace at this time, when the flames of war are spreading far and wide, with more rapidity than ever, and I have no comfortable tidings on the subject of money.

In the first place, I believe there is not so much money here as the world imagines; in the next place, those who have what there is, have now no confidence in any nation or individual. All credit seems at a stand.

The Republic will want a loan; the northern neutral powers will want loans, and even a loan will be wanted to support the credit of a number of houses in the mercantile way, which are affected by the violent and sudden revolution of the times, and by the piratical depredations of the English. I hope, therefore, that Congress will not venture to draw here, until they have certain information that they may draw with safety.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, January 18th, 1781.

Sir,

At length one act has appeared, which looks like war. The following placard was resolved on the 12th of this month.

"The States-General of the United Provinces of the Low Countries to all those who shall see, hear, or read these presents. Greeting. Know ye, that the King of Great Britain having thought proper, without any lawful cause, to attack in a hostile manner this Republic, and as we are obliged to neglect nothing, which can serve for our defence, and to use at the same time the right, the example of which the conduct of the said Crown has commenced by setting us, and to act against it, in the same manner as they act against us, and consequently to do to the said King, and to his subjects, all the prejudice, which shall be in our power; for these causes, and for the protection of the commerce and of the navigation of this country, we have thought fit to establish, and to permit to all the subjects of these States, who shall take or destroy any English vessels of war, or privateers, the following rewards.

I. "All those who shall fit out a privateer, and shall have obtained of his Highness the Prince of Orange and Nassau, in quality of Admiral-General of these countries, suitable commissions, after having given beforehand the requisite securities, shall not be held to furnish the third man of their crew, as it is ordained by the placard of their High Mightinesses, of the 26th of June, 1780, excepting those who will load with merchandises, and take at the same time the said letters of marque. Those, who shall have taken and conducted into one of the ports, or roads, within the jurisdiction of one of the Colleges of Admiralty of this country, a vessel of war or privateer of the King of Great Britain, shall draw, moreover, a bounty of one hundred and fifty florins for each man, who shall be found at the commencement of the combat on board of the said vessel of war, or privateer, as also a like sum for each pound of ball which the artillery, which shall be found on board the said vessel at the time aforesaid, can discharge at one time, not including the swivels, or the balls of the new artillery, called carronades, valued only at one quarter of their weight; in such sort, that if one of our privateers shall make herself master of an English vessel of war, or privateer mounted, for example, with forty pieces of cannon, carrying altogether three hundred and fifty pound weight of ball, that is to say, forty carronades, and fourteen hundred balls of eight pound, and the crew of which shall be two hundred and twenty men, shall receive for bounty or reward, by calculating each man and each pound of ball upon the footing of one hundred and fifty florins, the sum of eightyfive thousand eight hundred florins, and thus more or less in proportion to the crew; and the caliber of the cannon, which shall be found at the time of the combat, upon the English ship, besides the booty and the prize, and all the effects which shall be found on board, without any other deduction to be made from it, than the tenth for the Admiral.

II. "The said recompenses assigned for prizes shall also take place in case the English vessel of war, or privateer, shall be totally destroyed, whether our armed vessel shall have sunk her, or burnt her, or shipwrecked her, or whether the said vessel shall have perished in any other manner, after having been taken; provided, nevertheless, that this recompense is not to be claimed in the whole, at least if the crew of the vessel destroyed has not been taken or killed. And if it should happen, that they have only driven the enemy's vessel on shore, so that the vessel has perished, but the crew has saved itself, our letters of marque shall not enjoy, in this case, but one half of the bounty or reward promised; so that in the case last mentioned they shall receive only fortytwo thousand nine hundred florins, instead of eightyfive thousand eight hundred.

III. "Provided, nevertheless, that neither the prize nor the bounty shall ever be adjudged to any of our letters of marque, until after the affair shall have been carried before one of the Colleges of the Admiralty of this country, and the sentence shall have been there pronounced in her favor.

IV. "The said Colleges of the Admiralty may not adjudge these rewards, until after the Captain, Lieutenant, and Pilot of the privateer, as well as those who shall have freighted her, their book-keepers, and others authorised, shall have declared by a solemn oath, that the vessel of war, or privateer, of which they have made themselves masters, has been duly taken without any collusion directly or indirectly with the English, or with any other known to them. In case the freighters, who claim the adjudication of prizes and bounties, are out of the country, absent, or hindered by some other obstacle, it shall suffice, that the book-keepers, or some other authorised, take the oath, but so far as it is of his knowledge for himself, and for his freighters, conformably to the special procuration, which he shall have for this effect; the freighters nevertheless shall be obliged to take an oath beforehand before the magistrate of their residence, or before other persons competent, whose testimonies they shall send.

V. "And for the better encouragement of the said ships, which shall have armed as privateers, we ordain, that those who shall have been wounded in a combat with the English ship, shall be maintained at the expense of the State, without its costing anything to the proprietors of the privateers, or those who shall be on board. We ordain also, that those who shall be maimed in fighting an English ship, shall be gratified on the part of the State, and without its costing anything to the freighters, with the moiety of the recompense granted by the Republic to those who serve on board vessels of war; they shall not, however, have a right but to those rewards which are given once, and not to those which shall be granted weekly, or monthly, or otherwise. As to what respects the maintenance of the wounded, the account of it shall be presented to the competent College of the Admiralty, to be there examined and duly regulated, so that the maimed, to the end that they may enjoy the moiety of the recompense proposed, may procure themselves an act of the said College of the Admiralty, after having furnished it the necessary proofs.

VI. "For the encouragement of the ships of war, as well as the merchant vessels, which may be provided with commissions to make use of, in case of need, to cause to the English ships all the prejudice possible, we intend that the English ship of which they may make themselves masters, of what nature or denomination soever it may be, shall be given them entire, the tenth for the Admiral excepted, without pretending, however, to any further recompense.

VII. "If it should happen, that our privateers, merchant vessels, or others armed for a cruise at the expense of individuals of this country, should retake any vessels or effects belonging to the subjects of the State, and that such recapture shall be made in the space of fortyeight hours after they shall have been in the hands of the enemy, they shall enjoy in that case one fifth of the just value of the vessels or effects, which they shall have delivered; but if the recapture shall be made in the space of four days after the vessel shall have been in the hands of the English, they shall have one third of the said value; and if the recapture shall be made after four days, they shall have the moiety of it, without having any further regard to the greater or lesser time, that the said vessels or effects retaken shall have been in the hands of the English, after the expiration of the four days.

VIII. "The adjudication of any one of the said recompenses, as well as the acts of the respective Colleges of the Admiralty in favor of the maimed or wounded, being shown to the Receiver-General of the duties of entry and clearance, to receive the appointed recompense, the payment of it shall be promptly made by the said Receiver-General at the Hague, or in the place of the College of Admiralty, in which the sentence or the taxation shall have been pronounced, as it shall be most convenient for the said Receiver-General.

IX. "Which Receiver-General shall be provided with sufficient sums of money to satisfy the said payments, and he shall always take care, that after having paid some bounties, he has always wherewith to satisfy promptly those which may be demanded of him in the sequel, either by the second moiety of the duties of Last and Vielgeld, or by negotiating successively the sums which he shall have occasion for, for a supply.

X. "In all cases, the privateer, who shall have taken or destroyed any English vessel, ought to take care to give without delay, and as soon as he arrives, notice to the said Receiver-General of the value of the bounties, which he has a right to claim, to the end that the said Receiver-General may be in a condition to make prompt payment.

XI. "And in all the respective Colleges of Admiralty, where the case shall be brought, they shall take care to render prompt sentences, even by postponing to other times the other affairs which may be before them.

XII. "And in case an appeal or revision should be demanded, and by this means the sentences of the said Colleges shall be annulled, we have desired that in this case, the recompenses assigned by the sentences of the Admiralty should be delivered to the said privateers, so that the demand of revision may not suspend or hinder the payment; we mean at the same time, that the sureties, which the ships going to cruise ought to furnish, shall be obliged in that case to augment the surety, and to promise a prompt restitution of what shall have been paid to the said privateers in consequence of sentences of the Admiralty, in case that these sentences shall be reversed in the revision, and the privateers denied their demand. And to be the more sure that the sums delivered in such cases be restored, we have declared, and do declare by these presents, that the vessels and all which belongs to them, with which the said prizes shall have been made, shall be held judicially to make restitution of the bounties received; and that the said juridical obligation shall commence from the day that the said privateers shall have received their commissions, and shall go upon a cruise.

XIII. "And this placard shall have its effects from the day of this publication; and that nobody may pretend ignorance, we request and demand the Lords, the States, the Stadtholder, the Counsellors, Committees, and the Deputies of the States of the respective Provinces of Guelderland, and the Earldom of Zutphen, of Holland, and West Friesland, of Zealand, of Utrecht, of Friesland, of Overyssel, and of Groningen and Ommelanden, and all other members and officers of justice, that they announce, publish, and post up this ordinance immediately, in all the places of this country, where it is customary to make such annunciations, publications, and postings; we charge and enjoin moreover, the Counsellors of the Admiralty, the Advocates of the Treasury, Secretaries-General of Convoys, and Licensers, Receivers, Masters of Convoys, Controllers, and Searchers, and at the same time the Receiver-General of the augmentation of the duty of Last and Vielgeld, and to all others to whom it belongs, to govern themselves exactly according to the tenor of these presents."

Their High Mightinesses have also published the following.

"The States-General of the United Provinces to all those who shall see, hear, or read these presents. Greeting. We make known, that to the end to encourage the loyal inhabitants of this State, we have thought proper by the present publication, to notify to all and every one, and to assure them that all those who, employed in the service of the Republic, in the war at sea, may be maimed in such a manner as to become incapable of gaining their livelihood by labor, and shall desire to be assisted by a sum of money, payable once for all, shall receive in proportion to the importance of their wounds, that which follows.

1. "For the loss of two eyes, fifteen hundred florins; for the loss of one eye, three hundred and fifty florins; as to other accidents, which may happen under the case mentioned, gratifications shall be given according to the good pleasure of the respective Colleges of the Admiralty.

2. "For the loss of two arms, fifteen hundred florins; for the loss of the right arm, four hundred and fifty florins; for that of the left arm, three hundred and fifty florins; and for other accidents and wounds in these members, at the discretion of the Colleges of the Admiralty, upon which each one depends.

3. "For the loss of two hands, twelve hundred florins; for the loss of the right hand, three hundred and fifty florins; for that of the left hand, three hundred and fifty florins; as to lesser accidents, valuable at sums less considerable, at the discretion aforementioned.

4. "For the loss of two legs, seven hundred florins; for the loss of one leg, three hundred and fifty florins; for accidents less serious, the gratification shall be fixed by the Colleges of the Admiralty.

5. "For the loss of two feet, four hundred and fifty florins; for that of one foot, two hundred florins; and for smaller wounds, at the discretion of the respective Colleges.

6. "Moreover, all those who in the service of the Republic shall be maimed to such a degree as to be no longer able to gain a living by labor, nor to provide in any manner for their subsistence, shall receive during their lives, one ducatoon a week; and all other wounds or mutilations less considerable shall be paid in proportion."

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, February 1st, 1781.

Sir,

One of the most brilliant events, which has yet been produced by the American Revolution, is the following Treaty of Marine, concluded at Copenhagen, the 28th of June, 1780, old style, between her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, for the maintenance of neutral mercantile navigation, and in which his Majesty, the King of Sweden, as well as their High Mightinesses, the States-General of the United Provinces, have taken part and acceded, and which has been signed respectively, at St Petersburg, the 21st of July, 1780, and the 5th of January, 1781.

TREATY OF MARINE BETWEEN RUSSIA AND DENMARK.

"As by the war by sea, which has actually broken out between Great Britain, on one side, and France and Spain on the other, the commerce and the navigation of neutral powers suffer considerable damages, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, in consequence of their assiduous attention to unite their proper dignities, and their cares for the safety and the well being of their subjects, from the regard which they have so often testified for the rights of nations in general, have found it necessary, in the present circumstances, to determine their conduct according to those sentiments.

"Her Majesty, the Empress of Russia has, by her declaration, dated the 28th of February, 1780, to the belligerent powers, exposed to light, in the face of all Europe, the fundamental principles, which spring from the original law of nations, which she claims, and which she adopts as a rule of her conduct in the present war. As this attention of the Empress, to watch over the reciprocal rights of nations, has united the suffrages of all the neutral powers, so she has engaged herself in it, as an affair, which concerns the most essential of her interests, and she has carried it to that length, that we may seriously consider it as a subject worthy of the times present and to come, considering that it is to bring into one system, and establish permanently, the rights, prerogatives, and engagements of neutrality.

"His Majesty, the King of Denmark and of Norway, convinced of these principles, has likewise established and demanded them in the declaration of the 8th of July, 1780, which he has caused to be presented, as well as that of Russia, to the belligerent powers; and to give them support, he has caused to be equipped a part of his fleet. From hence has arisen the harmony and unanimity, with which her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, have judged necessary, by a reciprocal friendship and confidence, and conformably to the interests of their subjects, to confirm these common engagements, to be concluded by a formal convention. In this view, their said Imperial and Royal Majesties have chosen and named for their Plenipotentiaries, viz. her Majesty, the Empress of Russia, M. Charles Van Osten, named Saken, present Counsellor of State, Knight of the Order of St Anne, Minister Plenipotentiary of her said Majesty to the Court of Denmark, &c. &c.; and his Majesty, the King of Denmark and of Norway, M. Otton, Count de Thott, Privy Counsellor, Knight of the Order of the Elephant, &c.; M. Joachim Otton de Schack-Reventlaw, Privy Counsellor, Knight of the Order of the Elephant, &c.; M. Jean Henri d'Eichstedt, Privy Counsellor, Governor of his Royal Highness, the Hereditary Prince, Knight of the Order of the Elephant, &c.; and M. André Pierre, Count de Bernstorff, Privy Counsellor, Secretary of State of the Department of Foreign Affairs, Director of the Royal German Chancery, and Knight of the Order of the Elephant, &c.; who, after having exchanged their full powers, which are found in good and due form, have agreed and resolved upon the Articles following.

"ARTICLE I. That their said Majesties have sincerely resolved to maintain constantly the most perfect friendship and concord with the powers actually engaged in the war, and to observe the most scrupulous neutrality; that they declare, in consequence, to hold themselves exactly to this, that the prohibition to carry on commerce of contraband with the powers actually at war, or with those, who may in the sequel be engaged in it, shall be strictly observed by their subjects.

"ART. II. To avoid all error and misunderstanding concerning the subject of the name of contraband, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and Norway declare, that they acknowledge only as effects of contraband, those which are comprehended in the treaties subsisting between the said Courts, and one or the other of the belligerent powers.

"Her Majesty, the Empress of Russia, conforms herself entirely to the tenth and eleventh articles of her treaty of commerce with Great Britain, and extends also the engagements of this treaty, which are entirely founded upon natural law, to the Crowns of France and Spain, which at the date of the present convention, have no treaty of commerce with her empire. His Majesty, the King of Denmark and Norway conforms himself, on his part, principally to the second article of his treaty of commerce with Great Britain, and to the twentysixth and twentyseventh articles of his treaty of commerce with France, and extends also the engagements of this latter to Spain, considering that he has not with this last Crown any treaty, which determines any conditions upon this subject.

"ART. III. As by this means the contraband is determined and fixed, conformably to special treaties and conventions subsisting between the high contracting parties and the belligerent powers, and principally in the treaty between Russia and Great Britain, of the 20th of June, 1766, as well as by that between Denmark and Great Britain, dated the 11th of July, 1670, and by that concluded between Denmark and France, the 23d of August, 1742, the will and intention of her Russian Imperial Majesty, and his Majesty the King of Denmark and Norway are, that all other commerce shall be, and remain free.

"Already their Majesties, in their declarations presented to the belligerent powers, have grounded themselves upon the general principles of the law of nature, from whence are derived the liberty of commerce and of navigation, the rights of neutral nations, and have resolved to depend no longer upon the arbitrary interpretations, that partial advantages and momentary interests may dictate. In this view, they have agreed upon the following articles.

"1. That it shall be lawful for every vessel to navigate from one port to another, and upon the coasts of the belligerent powers.

"2. That the effects belonging to the subjects of the belligerent powers shall be free upon neutral vessels, except merchandises of contraband.

"3. That to determine what ought to be held a port blocked, that alone can be considered as such, in which the vessels, which would enter, shall be exposed to an evident danger, by the force, which with this view attacks it, and by its vessels, which shall have taken a station sufficiently near.

"4. That neutral vessels may only be stopped for just causes, and upon evident proofs; that, without loss of time, right shall be done them, and the procedures shall be always uniform, prompt, and according to the laws; and that every time, besides reparation to those who shall have suffered without cause, there shall be also given a complete satisfaction for the insult committed against the flags of their Majesties.

"ART. IV. To the end to protect the general commerce of their subjects, supported by the fundamental rules above laid down, her Majesty, the Empress of all the Russias, and his Majesty, the King of Denmark and Norway, have thought fit, each one in particular, in order to obtain these ends, to equip a proportional number of vessels of war and frigates. The squadron of each one of these respective powers shall be stationed in a certain latitude, and shall be employed in convoys, according to the exigence of the case, in which the commerce and the navigation of each nation may be.

"ART. V. If the merchant ships of one of the contracting powers shall be in a part of the sea where the ships of war of their own nation are not stationed, and, for this reason, cannot enjoy their protection; in that case, the commander of the vessels of war of the other power, being thereto required, shall grant them, with good faith and sincerity, the necessary assistance; and in this case, the vessels of war and frigates of one of the two powers, shall protect and support the merchant vessels of the other; provided, nevertheless, that, under the shelter of the protection demanded, there be not exercised any prohibited commerce, contrary to the laws adopted by the neutrality.

"ART. VI. The present convention cannot be retroactive, and, by consequence, we cannot take part in differences, which have arisen before its conclusion; at least, if these affairs do not concern the violences which continue still, and which tend to oppress all the neutral nations of Europe.

"ART. VII. If, in spite of the vigilant and friendly care of the two powers, and the exact observation of the neutrality on their part, the Russian or Danish merchant vessels are insulted, or taken by the vessels of war, or privateers, of one or the other of the belligerent powers, in that case, the Minister of the party offended shall make representations to the Court, whose vessels of war or privateers shall have been guilty of this act, shall demand the restoration of the vessel taken, and shall insist upon a suitable reparation, without ever losing sight of the satisfaction for the insult done to the flag. The Minister of the other contracting party shall second efficaciously and seriously these representations, and shall thus continue them conjointly and unanimously; but if they refuse, or put off from time to time to do right, touching such grievances, in this case, their Majesties shall make reprisals against the power which refuses to do them right, and shall unite themselves forthwith, in the most efficacious measures for this just reprisal.

"ART. VIII. If one or the other of the contracting powers, or both together, in virtue of this convention, or any other which may be made, which may have relation to it, are disturbed, molested, or attacked, it is agreed that the two powers shall act in concert, to defend themselves reciprocally, and to procure themselves, by united efforts, an entire and satisfactory reparation, both for the insult done to the flag, and for the loss caused to their subjects.

"ART. IX. This Convention is resolved and fixed for all the time that the present war shall continue, and shall serve as the basis of all the engagements which may be contracted in the sequel, according to the circumstances of the times, and upon occasion of new wars at sea, which may unfortunately trouble the repose of Europe; besides, these conditions shall be regarded as subsisting, and shall have a legal validity in the affairs both of commerce and navigation, and in the determination of the rights of neutral nations.

"ART. X. As the end and the principal motive of this Convention is, to assure the general liberty of commerce and of navigation, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, agree and engage beforehand, to permit that other neutral powers accede to this convention, and by taking cognizance of these principles, to partake also of the obligations and advantages of the said convention.

"ART. XI. To the end that the belligerent powers may not pretend a cause of ignorance of these said engagements between the said Courts, the high contracting parties will communicate in a manner the most friendly to all the belligerent powers these maxims, in which they have united, which measures are so much the less hostile, as they are not hurtful to any other power; but have solely for their object the safety of the commerce and of the navigation of their respective subjects.

"ART. XII. The present Convention shall be ratified by the two contracting parties, and the ratifications shall be exchanged in good form in the term of six weeks, to be computed from the signatures, or even sooner; if it may be. In faith of which we have, in virtue of our full powers, signed the present, and, sealed it with our seals. Done at Copenhagen, the nineteenth of July, 1780.

CHARLES VAN OSTEN, named SAKEN,
O. THOTT,
I. SCHACK REVENTLAW,
A. P. COMTE DE BERNSTORFF,
H. EICHSTEDT."

The ratifications of this Convention were exchanged at Copenhagen the 16th of September, 1780, by the same Ministers Plenipotentiary who signed it, and as to this end, the Ministers Plenipotentiary named to this purpose, viz. on the part of her Imperial Majesty, the Count Nikia Panin, actually Privy Counsellor, Senator, Chamberlain in Exercise, and Knight of the Orders of St Andrew, St Alexander Newsky, and St Anne, and the Count John Osterman, Vice Chancellor, Privy Counsellor, and Knight of the Orders of St Alexander Newsky and St Anne; and on the part of his Majesty the King of Sweden, the Baron Frederick Van Nalken, Envoy Extraordinary of his Swedish Majesty at the Court of her Imperial Majesty, Chamberlain, Commandant of the Order of the Polar Star, Knight of the Orders of the Sword and of St John, have signed, the 21st of July, 1780, at St Petersburg, a similar Convention, conceived in the same form, and word for word, of the same tenor with that signed at Copenhagen, except the second article, in which the stipulations of contraband being resolved and ratified, to which they are to adhere, in consequence of treaties subsisting between the Crown of Sweden and the other powers, we have to this purpose, to avoid the repetition of what has been already said, added here, literally, the said second article.

We ought further to recollect, that the two Kings, who have joined in this affair to her Imperial Majesty, have acceded as principal contracting parties to the treaties concluded between her Imperial Majesty and the said Courts, and have signed with their own hands upon this subject on one part and the other, an act, which has been exchanged at St Petersburg by the Ministry of her Imperial Russian Majesty.

Here follows the second article of the treaty concluded and signed at Petersburg, the 21st of July, 1780, between her Imperial Majesty and his Majesty the King of Sweden.

"ART II. To avoid all error and misunderstanding on the subject of the name of contraband, her Imperial Majesty of Russia and his Majesty the King of Sweden declare, that they acknowledge only as effects of contraband those which are contained in the treaties subsisting between the said courts and one or other of the belligerent powers."

Her Majesty the Empress of Russia conforms herself in this entirely to the tenth and eleventh articles of her Treaty of Commerce with Great Britain, and extends also the engagements of this treaty, which are entirely founded upon the law of nature, to the Crowns of France and Spain, which at the date of the present Convention have no Treaty of Commerce with her empire. His Majesty the King of Sweden refers himself principally on his part to the eleventh article of his Treaty of Commerce with Great Britain, and to the tenor of the preliminary Treaty of Commerce concluded in the year 1741, between the Crowns of Sweden and France, although, in this last, the contents of contraband are not expressly determined, but as the two Powers have therein understood to consider one another as _Gens amicissima_, and that as Sweden has therein reserved the same advantages, which the Hanseatic cities enjoy in France, from the most remote times to the present. The advantages, which are comprehended in the Treaty of Utrecht, being confirmed, the King has not found anything necessary to be added. With regard to Spain, the King finds himself in the same case as the Empress, and after her example he extends to this Crown the engagements of the said treaties, wholly founded on natural law.

Their High Mightinesses, the States-General of the United Provinces of the Low Countries, have acceded the 20th of November, 1780, upon the same footing to the said Convention, and it has been signed the 5th of January, 1781, at St Petersburg, only with the addition of a thirteenth article, which with relation to command, in case of rencounter or combination of the squadrons and the vessels of war of the two parties, there shall be observed what has been the usage between crowned heads and the Republic.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO B. FRANKLIN.

Amsterdam, February 15th, 1781.

Sir,

This morning the house of Botereau & Co. of this city, presented to me sixtysix bills of exchange, drawn by Congress on the 26th day of October last, in favor of Nathaniel Tracy, of Newburyport, amounting to the sum of ten thousand pounds sterling, payable at ninety days sight. I was obliged to ask the favor of the house to wait until I could write to your Excellency, to see if you can furnish the funds to discharge the bills. Without your warranty they must be protested, for I have not yet obtained a single ducat, nor any certain assurances of one.

I have at length fixed my plan, and when it shall be made certain that the war with England is to continue, the prospectus will be published and the experiment tried. Some persons think I shall get some money; but there is no certainly of it. If this people should make peace with England, which they will if they can, we shall get no money at all. I think, however, that a peace is impossible, and therefore am not without hopes of borrowing some money. I must request the honor of your Excellency's answer by the return of post, because at that time M. Botereau will expect an answer from me.

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

JOHN ADAMS.

* * * * *

TO B. FRANKLIN.

Amsterdam, February 20th, 1781.

Sir,

Yesterday I had the honor of yours of the 12th, and will take an early opportunity to send you all the lights I can obtain, by inferences from the numbers of the bills. Those already presented, I shall accept, according to your advice.

The Duc de la Vauguyon is returned. I had the honor to make my compliments to him on Saturday at the Hague, where I attended Dr McLane's Church on Sunday, and the Prince's review upon the parade afterwards, and where I propose in future to spend more of my time.

You need not be anxious about the result of my demand of an answer. It was a measure, to which I was advised by the Duc de la Vauguyon, and by the Count de Vergennes, and by several worthy gentlemen in the government here. It was intended to bring necessarily into deliberation a connexion with France and America, on one side, at the same time when they considered the mediation of Russia, on the other, in order to prevent their accepting the mediation without limitations.

The great city has lately faultered very much in point of firmness. I cannot but wish, that the proposition for an accession to the alliance between France and America, could have been made last week, the critical moment when it would have infallibly, I think, prevented the acceptation. But France did not think it politic to do anything against the views of Russia. But nothing but delay will come of this mediation. The United States, however, stand here in a more respectable light than in Spain. Here they are openly and candidly demanding an answer. If they receive one in the negative, it will be no more than the Republic has a right to give, and we shall lose nothing, but remain exactly where we were. If they give no answer for a year to come, the dignity of the United States is safe; that of the United Provinces will be hurt by the delay, if any. In Spain, the United States have been waiting in the person of one of their presidents, now going on three years, and have no answer. Now, I say, it is better to be open. Here the constitution demanded publicity. In Spain it forbid it. But the dignity of the United States is injured more than it would have been, if the demand to that Court could have been made public. For my own part, I own, as a private citizen, or as a public man, I would not advise the United States to wait for ever, either in Spain or Holland. If it does not suit their affairs to make a bargain with us, let them tell us so candidly, and let us all go home, that at least we may not be under the necessity of calling upon your Excellency for water to drink, which had much better quench the thirst of our army.

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

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE DUC DE LA VAUGUYON.

Amsterdam, March 1st, 1781.

Sir,

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

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

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

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

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

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

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

JOHN ADAMS.

* * * * *

A MEMORIAL TO THE STATES-GENERAL.

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

High and Mighty Lords,

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

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

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

The Hague, March 8th, 1781.

JOHN ADAMS.

* * * * *

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

Leyden, March 8th, 1781.

Sir,

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

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

I have the honor to be, &c.

JOHN ADAMS.

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

* * * * *

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

Leyden, March 8th, 1781.

Sir,

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

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

JOHN ADAMS.

* * * * *

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

Leyden, March 8th, 1781.

Sir,

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

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

JOHN ADAMS.

* * * * *

FROM THE DUC DE LA VAUGUYON TO JOHN ADAMS.

Translation.

Hague, March 14th, 1781.

Sir,

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

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

THE DUC DE LA VAUGUYON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Leyden, March 18th, 1781.

Sir,

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

COUNTER MANIFESTO.

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