Empress, with gratitude, and by a counter declaration, which is
conformable to it, he has caused his Ministers to be instructed at
foreign Courts. His Majesty has before, on occasion of another
negotiation with the Court of Denmark, required his Danish Majesty to
grant to Prussian merchant vessels the protection of his military
marine, and has received the friendly assurances of it, that the
Danish vessels of war should take under convoy and protection the
Prussian merchant vessels, which should conform themselves to the
treaties, which subsist between the Court of Denmark and the
belligerent powers, with relation to merchandises of contraband. The
King has addressed the same demand to the Court of Sweden, and
promised himself from the friendship of his Swedish Majesty an answer
as favorable as that of their Majesties, the Empress of Russia and the
King of Denmark.
"We give notice of those arrangements to all the subjects of the King,
who exercise navigation and maritime commerce, to the end that they
and their captains of vessels and skippers may conform themselves to
them, and in case they shall be attacked, molested, or taken by the
vessels of war and privateers of the belligerent nations, address
themselves to the Russian, Swedish, or Danish vessels of war, which
may be found within their reach, demand their protection and
assistance, and join themselves as much as possible to the fleets and
convoys of these maritime powers of the north.
"But as the intention of his Majesty is simply to assure, by the
beforementioned arrangements, the lawful maritime commerce of his
subjects, and not to do any prejudice to the rights of the belligerent
powers with whom he is in perfect harmony, or to favor an illicit
commerce, which might be dangerous to them, all the subjects of his
Majesty who exercise navigation and maritime commerce, ought to
conduct themselves in such a manner as to observe an exact neutrality,
such as is founded on the law of nature, and in the general laws of
nations almost universally acknowledged. But the different treaties
which several powers have concluded with each other relative to
maritime commerce, occasioning a difference of law in this regard, it
is principally to the known declaration which her Majesty, the Empress
of Russia, caused to be presented the last year to the belligerent
powers, and to the ordinance which she caused to be addressed in
consequence to her College of Commerce on the 8th of March, 1780, that
the subjects of the King will have to conform themselves with regard
to their maritime commerce, the principles which are there announced
being those which his Majesty finds the most conformable to the law of
nations, and to his in particular. It is in consequence ordained by
the present edict to all the subjects of the King, who exercise
navigation or maritime commerce,
"ARTICLE I. Not to take any part, under any pretence whatever, in the
present war, and not to carry to any of the belligerent powers, under
the Prussian flag, merchandises, generally acknowledged to be
prohibited and contraband, and which properly constitute warlike
stores, as cannons, mortars, bombs, grenades, fusils, pistols,
bullets, flints, matches, powder, saltpetre, sulphur, pikes, swords,
and saddles. The subjects of the King ought to have on board their
merchant vessels only so much of these articles as is necessary for
their own use.
"ART. II. The subjects of the King may, on the contrary, carry in
Prussian vessels as well to belligerent as to neutral nations, all the
merchandises which are not comprehended in the preceding article, and
which not properly belonging to warlike stores, are not prohibited,
and particularly the productions of all the Provinces of the States of
the King; his Majesty promising himself from the equity and the
friendship of the belligerent powers, that they will not permit their
armed vessels to molest or take the Prussian vessels loaded with
masts, timber, pitch, corn, and other materials, which, without being
warlike stores, may, nevertheless, in the sequel be converted into
such stores, and which make the principal and almost the only object
of Prussian commerce. These powers are too just to require that the
commerce of a neutral nation should cease, or be entirely suspended on
account of the war. After these principles, it is hoped that the
belligerent powers will suffer freely to pass without seizure or
confiscation, the lawful merchandises and cargoes of the Prussian
subjects, which may be found on board the vessels of belligerent
nations, as also the lawful cargoes and merchandises of belligerent
nations loaded in Prussian vessels, and in all these cases, his
Majesty will interest himself effectually in favor of his subjects
trading by sea. It is, however, the part of prudence for these last to
load as much as possible their merchandises and effects in Prussian
vessels, and to transport them under the Prussian flag; not to employ
themselves much in the coasting trade, but to apply themselves
principally to a Prussian commerce without mixture, the better to
avoid all accidents, misunderstandings, and difficulties.
ART. III. All the Prussian vessels which shall put to sea, ought to
furnish themselves with passports and attestations of the Admiralties,
Chambers of War, and the domains of each Province, or of the
magistrates of each city, as also with charter-parties, recognizances,
and other certificates of common usage, which ought to express the
quality and the quantity of the cargo, the name of the proprietor, and
of him to whom the merchandises are consigned, as well as the place of
the destination. These sea-papers ought to be clear, and to contain no
equivocation. They ought to be found on board every vessel, and they
ought not, under any pretence whatsoever, to throw them into the sea.
The captains of vessels and skippers will take care above all, not to
have in their vessels any sea-papers, double, equivocal, or false, by
which they would render themselves unworthy of all protection.
"ART. IV. Every Prussian vessel loaded in a foreign port, ought to
furnish herself in the said port with sea-papers necessary, and in the
form used in the place where she loads, to the end to be able to prove
everywhere of what nation she is, what is her cargo, from whence she
comes, and whither she goes.
"ART. V. There ought not to be found on board of Prussian vessels,
neither officers of marine, nor persons employed in it of the
belligerent nations, nor more than one third of the crew of those
nations.
"ART. VI. It is forbidden to Prussian navigators to transport cargoes
or merchandises of any sort whatever to places or ports besieged,
blocked, or shut up closely by any one of the belligerent powers.
ART. VII. It is forbidden to Prussian navigators, or merchants, to
lend their names to foreign nations, and they ought to exercise
commerce in general in a manner conformable to the rights and customs
of nations, so that they commit no infringement of the rights of any
of the belligerent powers, and that they may have no just subject of
complaint.
"The subjects of the King who shall conform exactly to the present
edict, may promise themselves on the part of his Majesty all possible
protection and assistance, instead of which, those who may contravene
it, ought not to expect it, but to attribute to themselves the dangers
and damages, which they may draw upon themselves, by a conduct
contrary to this ordinance. Given at Berlin, the 30th of April, 1781.
"By express order of the King.
HERTZBERG."
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO B. FRANKLIN.
Amsterdam, May 23d, 1781.
Sir,
I have the honor of your letter of the 19th with its enclosures, and I
thank your Excellency for the pains you have taken to communicate the
news from America, which I think can scarcely be called bad, though
General Greene lost the field. I had before received and published in
the Amsterdam Gazette the same accounts. The gazetteers are so earnest
after American news, that I find it the shortest method of
communicating the newspapers to all.
I have received from Congress their resolution of the 3d of January,
1781, to draw bills upon me in favor of Lee & Jones, at six months
sight, for the full amount of the balance due on the contract made
with them for a quantity of clothing for the army. I have also a
letter from Mr Gibson, of the treasury office, of January 28th, which
informs me that the amount of Jones & Lee's account is sixteen
thousand two hundred and fortyfour pounds one shilling sterling.
I have just received from Gottenburg the enclosed letters, one to your
Excellency and one to Mr Jay. I received both unsealed, with a
direction to take copies. I have put my own seal upon that to your
Excellency, and request the favor of you to put yours upon that to Mr
Jay, and to convey it in the safest manner. It contains matter of
great importance, which ought to be carefully concealed from every eye
but yours and Mr Jay's; for which reason I should be cautious of
conveying it, even with the despatches of the Spanish Ambassador,
especially as there are intimations in Mr Lovell's letter of too much
curiosity with regard to Mr Jay's despatches, and as Mr Jay himself
complains that his letters are opened. I hope this instruction will
remove all the difficulties with Spain, whose accession to the treaty
would be of great service to the reputation of our cause in every part
of Europe.
It seems to me of vast importance to us to obtain an acknowledgment of
our independence from as many other Sovereigns as possible, before any
conferences for peace shall be opened; because, if that event should
take place first, and the powers at war with Great Britain, their
armies, navies, and people weary of the war, and clamoring for peace,
there is no knowing what hard conditions may be insisted on from us,
nor into what embarrassments British arts and obstinacy may plunge us.
By the tenth article of the Treaty of Alliance, the contracting
parties agree to invite or admit other powers who may have received
injuries from Great Britain, to accede to that treaty. If Russia and
the northern powers, or any of them, should be involved in the war in
support of the Dutch, would it not be a proper opportunity for the
execution of this article? Or, why would it not be proper now to
invite the Dutch?
I have the honor to enclose a memorial to their High Mightinesses. My
mission is now a subject of deliberation among the Regencies of the
several cities and the bodies of nobles who compose the sovereignty of
this country. It is not probable that any determination will be had
soon. They will probably confer with Russia, and the northern powers,
about it first. Perhaps, if these come into the war, nothing will be
done but in concert with them. But if these do not come into the war,
this Republic, I think, in that case will readily accede to the Treaty
of Alliance between France and America; for all ideas of peace with
England are false and delusive. England will make peace with the Dutch
upon no other condition than their joining her in the war against all
her enemies, which it is impossible for them to do, even if their
inclinations were that way, which they are not. The public voice here
is well decided against England.
I have the honor to be much of your Excellency's opinion respecting
duties. I mentioned tobacco, to show what duties America was able to
bear. Whatever sums a people are able to bear, in duties upon exports
or imports upon the decencies, conveniences, or necessaries of life,
they are undoubtedly able to raise by a dry tax upon polls and
estates, provided it is equally proportioned. Nay more, because the
expense of collecting and guarding against frauds is saved.
Our countrymen are getting right notions of revenue, and whenever
these shall become general, I think there can be no difficulty in
carrying on the war.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Amsterdam, May 24th, 1781.
Sir,
A proposition of very great consequence has been made in the Assembly
of the States of Holland, by the city of Amsterdam. It is conceived in
these words;
"The gentlemen, the Deputies of the city of Amsterdam, have, by the
express orders of the gentlemen their principals, represented in the
Assembly, that the venerable magistrates had flattered themselves
that they should see the effects of the efforts attempted for some
time by the Admiralties, to put to sea a quantity of vessels of war
capable of protecting the commerce and the navigation of the
inhabitants of this State, or at least some branches of them; that the
gentlemen, their principals, had had reason to be confirmed in their
expectation, above all when they were informed that a number
sufficiently considerable of vessels of war, provided with things
necessary, were ready to put to sea, and that orders had been
positively given upon this subject; but, to their extreme astonishment
they had learned some time after, that the officers who commanded the
said vessels, upon the point of executing the said orders, had given
notice that the want of stores, provisions, and victuals put them out
of a condition to obey the said orders, that the gentlemen, their
constituents, having considered that not only this want of stores,
&c., ought not to have existed, but that it might have been seasonably
obviated; they had been so struck with this unexpected delay in an
affair, which they judged of the last importance for this country,
especially on account of certain particular circumstances, that they
could not refrain from declaring freely, that they had lawful reasons
to fear that such inactivity left little hope of seeing effected a
protection which is of the last necessity for the commerce and
navigation, the total interruption of which cannot fail to occasion a
great dearness, and to bring on very soon a most sensible scarcity,
without speaking of the impossibility of striking blows to an enemy
who has for five months attacked this State by an unjust war, and has
already rendered himself master by surprise of a great number of rich
vessels of war, and merchant ships, and of some of our distant
possessions.
"That the gentlemen, the principals, in virtue of these reasons, and
of others not less pressing, have judged that they could not longer
delay to lay before the eyes of the members of the Assembly of your
Noble and Grand Mightinesses, in a manner the most pressing and the
most lively, the terrible consequences, which this deplorable state of
things makes them apprehend for their dear country. That the powers of
the north, with whom the Republic is entered into alliance, and from
whom she has sufficient reasons to expect succors, have marked more
than once their astonishment at our inactivity, and at the affected
tranquillity with which the Republic suffers all the insults of her
enemy, without making the least preparation to repel them. That, from
time to time, advices have come from our Ambassadors Extraordinary to
the Court of Petersburg, that we had not to expect, neither from that
Court, nor from her allies, succors, but in proportion to the efforts
which the Republic should make on her part. That these things have
appeared to the gentlemen, the principals, of so great importance, and
of so extensive consequence, that it is more than time, that this
sovereign Assembly pass, as soon as possible, to a scrupulous
examination of the true causes of such inactivity; that she cause to
be given instructions, and an explanation of the state of defence of
the country, relative to the necessary orders which she has given;
that she obtain information concerning the reasons of the extreme
sloth and lukewarmness, with which they proceed to the protection of
the country against an enemy formidable, especially for his activity,
and concerning the means which we may and ought to employ, to shut up
the source of these evils, and make them disappear.
"That the gentlemen, the constituents, have desired to put themselves
out of the reach of all reproach from the inhabitants of this country,
whose total ruin advances with rapid strides, and who, to this day,
have not ceased to pour out with joy into the public treasury, the
imposts and taxes, which we have imposed on them, demanding in return,
with the greatest justice, to be protected by the fathers of the
country. To this end, and to ward off as much as it is in their power,
the ruin of this Republic, formerly so flourishing and so respected by
its neighbors, they have charged in the manner the most express their
Deputies to these States to insist in the strongest manner, that we
proceed to the beforementioned examination, and that on the part of
this Province things be directed in the generality in such a manner,
that we demand, as soon as possible, to enter into negotiation with
the Court of France, which has not ceased to give us such numerous and
shining marks of her good will, and of her inclination to succor us
against the common enemy, and has already shown us, by the effects,
that her offers of service do not consist in vain words; to deliberate
with this Court concerning the manner in which it will be convenient
and practicable to act, by communicating to each other the reciprocal
plans of operation, which we may attempt during this summer.
"That at the same time, it is not expedient to neglect to instruct our
Ministers at the Courts of Russia, Sweden, and Denmark, of the state
of things in this country, and of the means of defence, which the
Republic puts in motion, with the express orders to make, without
relaxation, to the said Courts, pressing and redoubled instances to
send us a large number of vessels of war well equipped, to which at
least one of them has already shown herself disposed; representing to
them, at the same time, in a pressing manner, the present necessity of
sending us, conformably to the stipulations of the convention lately
concluded and ratified, as soon as possible, the succors promised in
the said convention.
"That, besides the propositions, which we have pointed out, and from
the success of which the gentlemen, the constituents, promise
themselves all sorts of advantages, the venerable magistrates are
still in the opinion, that this State, although abandoned to itself,
against all expectation and all hope, does not yet cease to have
numerous and sufficient resources, not to consider its defence as
absolutely desperate; for it is very true, that after a long peace,
the first alarm of a war, and of an unforeseen attack, may at first
throw men's minds into terror, disorder, and consternation; but it is
not less true, that the riches and the resources of the nation in
general, having received a considerable increase by the enjoyment of
the fruits of this peace, the supreme government finds itself, by
employing them in a useful and salutary manner, in a condition to make
head for a long time against an enemy already exhausted by a long and
expensive war, and to take so good measures, that we may force her to
renew an honorable and advantageous peace.
"In fine, the gentlemen, the said constituents, are of opinion, that,
to give a ready effect to the resolutions tending to the said objects,
and which may serve for the protection of the State, and of its
establishments in the other parts of the world, and to discuss the
resolutions with all the secrecy requisite, there be formed by the
Lords the States, a committee of some gentlemen of the respective
Provinces, giving them the power and instructions necessary to labor
conjointly with his Highness, the Prince Hereditary Stadtholder, to
contrive, prescribe, and put in execution, all the measures, which
shall appear the most proper and the most convenient, to the end that
we may, under the benediction of God Almighty, repair the past, and
wash out the shame and the dishonor, with which this Republic is
stained in the eyes of foreigners, and by a vigorous defence of the
country, and of all which it holds most dear and precious, and to
maintain it in the advantages of a liberty purchased so dear, against
all further evils and calamities.
"Finally, the gentlemen, the said Deputies, find themselves, moreover,
expressly charged to cause to be laid in the records of Holland the
said proposition for the apology and the discharge of the gentlemen,
their constituents, and to insist in all the ways possible, that we
take in this regard prompt resolutions, whereof we may see the
effects; in the view of accomplishing their salutary designs, to pray
in the manner the most earnest and pressing the other members to labor
to obtain in favor of this proposition, the suffrage of the gentlemen,
their principals, to carry it into the approaching Assembly."
Thus ends this manly address, in which there is the appearance of the
old Batavian spirit. In my excursions through the various parts of
this country, I have found the eyes of all parties turned towards
Amsterdam, and all true patriots said, that the salvation of this
country depended upon the firmness of that city. There has indeed been
in this city the appearance of feebleness and irresolution, but it has
stood its ground. The presentation and publication of my Memorial to
the States-General, which was more universally and highly applauded
than was expected by me or any one else, furnished the regency of the
city an opportunity to discover the general sense of the public voice,
and they have not failed to take an early advantage of it. They have
not mentioned a treaty with America, the reason of which was, that
this subject was already taken _ad referendum_, and under the
consideration of the several branches of the sovereignty. They mention
only a negotiation with France, knowing very well, that this would
necessarily draw on the other; so that things seem at present in a
good train; but a long time will necessarily be taken up, according to
the constitution, and in the present disposition of this country,
before anything can be done to effect.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Amsterdam, May 25th, 1781.
Sir,
The following convention, concerning recaptures made from the English,
is, it is hoped, the first step towards more intimate connexions
between this Republic, on one side, and France and the United States
of America on the other.
FRENCH AND DUTCH CONVENTION CONCERNING RECAPTURES.
"The Lords the States-General, having judged, that it would be of
reciprocal utility to establish between France and the United
Provinces of the Low Countries, uniform principles with relation to
captures and recaptures, which their respective subjects might make
upon those of Great Britain, their common enemy, they have proposed
to the Most Christian King to agree with them on a regulation
concerning this matter. His Most Christian Majesty, animated with the
same views, and desiring to consolidate more and more the good
correspondence, which subsists between him and the United Provinces,
has well received the overture of the Lords the States-General. In
consequence, his said Most Christian Majesty, and the said Lords the
States-General have given their full powers, to wit; His Most
Christian Majesty to the Sieur Gravier, Count de Vergennes, &c. his
Counsellor of State of the Sword, his Counsellor in all his Councils,
Commander of his Orders, Minister and Secretary of State, and of his
commands and finances; and the Lords the States-General to the Sieur
de Berkenrode, their Ambassador to the Most Christian King, who, after
having duly communicated their respective powers, have agreed on the
following articles.
"ARTICLE I. The vessels of one of the two nations, French and Dutch,
retaken by the privateers of the other, shall be restored to the first
owner, if they have not been in the power of the enemy during the
space of twentyfour hours, at the charge of the said owner, to pay one
third of the value of the vessel recaptured, as well as of her cargo,
cannon, and apparel, which shall be estimated by agreement between the
parties interested, and if they cannot agree among themselves, they
shall apply to the officers of the Admiralty of the place where the
recaptor shall have conducted the vessel retaken.
"ART. II. If the vessel retaken has been in the power of the enemy
more than twentyfour hours, it shall belong entirely to the recaptor.