Government_, that should any of the British subjects, now prisoners of
war in the hands of Captain Jones, desert or abscond, either from the
fort on the Texel or otherwise, in consequence of the first article,
an equal number of American prisoners shall be released, and sent from
England to France by the next cartel.
4thly. And Captain Jones engages, _on the part of the United States_,
that if any of the prisoners who shall be landed should die while on
shore in his custody in the fort, no exchange of them shall be
claimed.
Done on board the American frigate the Pallas, at anchor in the Texel,
this 3d day of October, 1779.
R. PEARSON,
JOHN PAUL JONES.
* * * * *
THE COLLEGE OF ADMIRALTY OF AMSTERDAM TO THE STATES-GENERAL.
Amsterdam, October 8th, 1779.
High and Mighty Lords,
Captain Riemersma, commanding in the absence of Vice-Admiral Reynst,
in the Road of the Texel, has informed us by message, of the entry
into the said road of five vessels, viz. two French frigates, one
American frigate, and two prizes made by them, under command of Paul
Jones, who has addressed himself in person to said Captain Riemersma,
and has asked him if he might put on shore the English Captains, and
hire also a house for the recovery of the wounded; the said Captain
demanding thereon our orders, and asking besides if he should return
this visit.
On which we have answered to Captain Riemersma, that we could not
grant the request made by the commander of these vessels, to put on
shore the English Captains, nor permission to hire a house on shore to
put his sick and wounded in; that for the rest, we suppose that the
instructions received from his Most Serene Highness would enable the
said Captain to comport himself suitably.
Besides, that he the Captain ought to look out, that for unloading, or
in advancing further into the Roadstead than is necessary for
protection from storms and other accidents, he should not contravene
by his vessels the Placard of their High Mightinesses, of November 3d,
1756.
We have the honor to submit all this to the view of your High
Mightinesses, hoping that our conduct will be so fortunate as to meet
your approbation, &c.
* * * * *
_Placard of 1756, referred to in the above Letter._
"The States-General of the United Provinces, to all to whom these
presents shall come, Greeting. Be it known, that having been advised
that some vessels of war or foreign privateers, abusing the liberty
that was granted them of resorting to and anchoring in our harbors, in
case of want or accident, and of bringing with them the vessels or
effects taken by them from their enemies, have undertaken to sell or
dispose of their said prizes, which is directly against our intention,
and may give rise to a misunderstanding between us and our neighbors,
which we desire to prevent as much as is in our power, by all possible
means, having considered what may best conduce to this end, we have
thought good to declare, ordain and resolve as follows.
"Hereafter all vessels of war and foreign privateers, whatever they
may be, which shall enter into the roadsteads, rivers and waters, of
this State, shall hoist on their arrival the flag of the nation to
which they belong, and not advance further into said rivers and
waters, than to secure themselves from tempests and other perils,
without permission of the College of Admiralty, in the district in
which they may be. They shall abstain from every act which may offend
or aggrieve any one, whether stranger or subject of the State, but
conduct on the contrary, in said waters in a manner not to harm or
give cause of complaint to any one, under penalty not only of not
receiving any assistance, but also of being expelled by force. In case
that any vessel of war or privateer having letters of reprisal refuse
to hoist on arrival its flag, or may be in the said waters and rivers
without permission of the College of Admiralty in the district where
they are, the crew will be regarded and treated as pirates. All
officers of vessels of war or foreign privateers, which shall enter
into the mouths of rivers of this State with their vessels and prizes,
or with their prizes only, shall be bound to abstain from announcing
or publishing in any manner said prizes, from discharging them in
whole or in part, from selling or disposing of them; but they shall
keep or retain them entire, and put to sea with them, returning in the
same state as when they arrived; under pain of being deprived of said
prizes, which shall be seized by the officers of this State and kept
by the College of Admiralty of the district, till the counsellors of
said College, having taken cognizance of the fact, shall judge proper
to dispose of them agreeably to the exigency of the case.
"And to the end that these orders may be better executed, all officers
and masters of privateers, which shall anchor in the harbors of this
State, shall be holden to give notice at the first place where they
shall come, of the cause of their arrival to the officers charged by
the State with the inspection of the entry of vessels, to present to
said officers their commissions, and especially to declare what prizes
they have made, on what nation they have made them, and in general in
what their cargoes consist. Moreover the said vessels of war or
privateers shall permit the said officers to put persons on board said
prizes to guard them, and prevent anything from being sold or
discharged contrary to the present decree, and in this manner they
shall put to sea with their prizes, and depart from the harbors of
this State.
"And to give more effect to our intentions, and the better to prevent
all difference on this subject, we advise by these presents all the
inhabitants of this State, and others who reside here, that they will
have to conform to their provisions, and will be careful of taking
upon themselves to purchase, accept, or take for their own account,
part or the whole of any prize brought into the harbors of this State
under any pretext whatever, and also of aiding or facilitating, with
their persons, vessels, or boats the sale, discharge, or removal of
said prizes; under penalty, not only that all the effects they shall
have acquired against the present decree, (without receiving any
compensation for what they have disbursed, or their arrears of wages,)
shall be seized by the College of Admiralty of the District, and
confiscated to the profit of whom it may concern; but also that the
party shall be condemned to the payment of one thousand florins, one
third of which shall be to the use of the State, one third to the
informer, whose name shall remain secret, and the remaining third for
the officer who shall have received the complaint.
"And in order that no person may pretend ignorance, we desire and
request the Lords the Committee of Roads and the Deputies of the
States of the respective Provinces immediately to announce, publish
and post up the present Placard wherever need shall be, and as it is
customary to practise. We enjoin moreover and command the Counsellors
of the Admiralty, the Advocate of the Treasury, the Admirals,
Vice-Admirals, Captains, Officers and Commandants, as also the
Commissaries, and Commissioners of Search in the harbors and other
places to execute and cause to be executed the present order; to
proceed and cause proceedings to be had against offenders, without any
connivance, favor, dissimulation or agreement; for we have thus judged
necessary for the service of the State.
"Done and concluded at the Assembly of their High Highnesses the
States-General at the Hague, the third of November, one thousand seven
hundred and fiftysix."
* * * * *
FROM THE COLLEGE OF ADMIRALTY OF AMSTERDAM TO THE STATES-GENERAL.
Amsterdam, October 12th, 1779.
High and Mighty Lords,
To satisfy the orders of their High Mightinesses and their resolution
of the 8th of this month, wherein it has pleased them to demand our
opinion and our consideration of the annexed Memorial of Sir Joseph
Yorke, Ambassador Extraordinary from his Majesty the King of Great
Britain near the Republic, we take the liberty to answer respectfully
their High Mightinesses, that we had the honor to inform them by our
letter of the 8th of this month of the entry of five ships; and at the
same time of the answer we had given to Captain Riemersma, commanding
at that time in the Roads of the Texel, on the request that had been
made to him by Captain Paul Jones, the said answer containing in
substance that in the belief that these ships would depart on the
first opportunity, we should not grant the debarkation and the stay on
shore which was asked for, of two English Captains, nor permit the
hiring of a house to transport the sick and wounded; and that moreover
we charged the said Captain to keep watch there; that to provide that
these ships should be in security and safe from storms and other
accidents, would not contravene the placard of your High Mightinesses
of November 3d, 1756, which we regard as the rule according to which
all foreign ships of war whatever they be, and from whatever port
they come, which enter into the harbors or roadsteads of the Republic
ought to be treated, and as having been given with the view that the
said foreign ships should put to sea with their prizes, without
discharging them in whole or in part and without selling them or
disposing of them in any manner; that for these reasons, it has
appeared to us that the seizure of the said ships and officers and
sailors would be a contravention of the said placard; that besides,
humanity requires that the said ships may stay to effect any repairs
of which they have need, and to procure to the sick and wounded all
the alleviations necessary, for the administering of which it is
expedient that they be brought on shore.
On which we have judged it proper to make representation to their High
Mightinesses, whether it would not be proper to charge Captain
Riemersma, commandant at the Roadstead of the Texel, and to give him
order to permit the debarkation of the sick and wounded from said
ships, to enable them to receive the most prompt assistance; which we
should have already granted ourselves upon the requests, which have
been addressed to us on behalf of said sick and wounded, if we could
have thought we had a right to do it without the authorisation of
their High Mightinesses; submitting in this respect all final
determinations to their high wisdom, and to their better opinion.
Deliberating on this, the Deputies of the Province of Holland and of
West Friesland have taken a copy of the above letter to be more amply
communicated; and nevertheless it has been found good and determined
that a copy of said letter should be put into the hands of M. de
Linden de Hemme and other deputies for marine affairs to see, examine
and take into consideration the opinion of the Commissioners of the
respective Colleges of Admiralty, and to make report thereon to the
Assembly.
* * * * *
PERMISSION TO LAND THE SICK AND WOUNDED OF THE ENGLISH VESSELS TAKEN
BY PAUL JONES.
Extract from the records of their High Mightinesses.
October 15th, 1779.
M. de Heekeren de Brantzenburg, President of the Assembly, has
imparted to their High Mightinesses, that he was informed by Sir
Joseph Yorke, of the deplorable condition of the sick and wounded who
are on board the English vessels Serapis and Countess of Scarborough,
taken by Paul Jones and brought into the Texel, and who, as humanity
requires, not only has not refused them accommodation, but even has
procured them all the assistance and all the supplies possible, and
submitted to the consideration of their High Mightinesses if it would
not please them without delay to authorise the College of Admiralty of
Amsterdam to have put on shore the said sick and wounded, to be there
tended and nursed.
On which, having deliberated, it has been thought good and decreed,
that without prejudice to ulterior deliberations of their High
Mightinesses on the Memorial, which has been sent to them on this
subject by Sir Joseph Yorke, the 8th of this month, _everything
continuing in this respect in the same state_, it be written to the
College of Admiralty of Amsterdam to authorise it, and it is
authorised by the present resolution to permit not only that the sick
and wounded, who are in said vessels, be landed or put on board a
hospital ship, as soon as one can be prepared for this purpose, but
besides that they be furnished by the ships of war of the Republic now
in the Roadstead, with the medicines and provisions necessary, and
that the surgeons of said ships of war may bestow their care in the
treatment of those sick and wounded who shall be debarked. It being
well understood, that by this arrangement nothing shall be accounted
to be changed relative to the condition of said sick and wounded; that
their High Mightinesses will not be responsible for those, who may be
able to take advantage of the opportunity for escape, and that under
any pretext, either to guard the prisoners or to maintain discipline,
there may not be allowed to go on shore armed men, more than three or
four, and armed only with their swords; that finally, nothing may be
done in said department and dependencies but with the knowledge and
under the authority of the officer commanding the vessels of the
Republic, which are in the Roadstead, and of those in whose
jurisdiction shall be the place where the sick and wounded may be
debarked.
* * * * *
INSTRUCTIONS OF HOLLAND AND WEST FRIESLAND TO THEIR DEPUTIES.
Their Noble and Grand Mightinesses, the Lords States of Holland and of
West Friesland, in their Assembly of Thursday, the 21st of October,
1779, having resolved to qualify their Deputies in the Generality to
conform in the Assembly of their High Mightinesses to the following
advice;
They are of opinion, that they should answer the Memorial of Sir
Joseph Yorke, Ambassador Extraordinary and Plenipotentiary of his
Britannic Majesty, presented the 8th of this month, that their High
Mightinesses be informed that a short time since there entered into
the Texel three frigates, viz. two French, and one styling itself
American, commanded by Paul Jones, having with them two prizes, made
by them at sea, named Serapis and Countess of Scarborough, designated
in his Memorial.
That their High Mightinesses, having for more than a century
constantly observed and manifested by successive placards, that they
would not in any manner give any judgment for or against the legality
or illegality of the acts of those who not sailing under these
provinces make prizes at sea and bring them into the roadsteads of
this country, not opening their ports to them on any other terms than
for them to put in, in case of tempest, or other disasters, and
obliging them to return with them to sea as they brought them in, they
would not undertake to examine whether the prizes brought in by said
three frigates belong to the French or to the Americans, whether they
are legal or illegal, but must abandon all this to the decision of
those who have jurisdiction, and that they would compel them
altogether to return to sea, for that, subject here to be retaken as
if they had never landed in this country, they will be judged by the
proper tribunal; inasmuch as the Ambassador will acknowledge himself,
that he would have no less a right to reclaim them, if they belonged
to English subjects, than if they were vessels of the King, which they
happened to be in this case; and by consequence, this would not
authorise their High Mightinesses to bring it before the tribunals of
this country, any more than the person of Paul Jones.
That with respect to acts of humanity, their High Mightinesses have
already manifested to the Ambassador their eagerness to exercise them
in regard to the wounded on board said vessels, and that they have
given orders in consequence.
They would be of opinion, moreover, that they ought to answer the
College of Admiralty of Amsterdam, that their High Mightinesses
approve what is done; that in conformity to their placard of the 3d
of November, 1756, which prohibits the overhauling and breaking up of
the cargoes of prizes, for the purpose of securing them from
recapture, and allowing to the captor the right of disposing of them,
they persist in it also in the case of the prizes, Serapis and
Countess of Scarborough; authorising said College to do what is in
their power that the said five frigates depart, the sooner the better,
and to take care that there be not delivered to them nor carried on
board any munitions of war or naval stores, but such things only as
they want in order to put to sea and reach the first foreign port, to
prevent all suspicion of their equipment and arming in this country.
* * * * *
THE DUC DE LA VAUGUYON TO JOHN PAUL JONES.
The Hague, October 29th, 1779.
Sir,
I ought to advise you, that M. de Sartine has informed me, that he has
renounced the intentions that I had been charged to communicate to
you, and that you will find at Dunkirk orders for your final
destination. I learn with much pleasure, that the necessary repairs of
the ships, which you command, will be completed immediately, and that
you have received all the assistance you could, and ought to expect. I
desire very earnestly that success shall again reward your valor. No
person will be more rejoiced at it than myself. Believe me, with the
sincerest sentiments, &c. &c.
THE DUC DE LA VAUGUYON.
* * * * *
SIR JOSEPH YORKE TO THE STATES-GENERAL.
The Hague, October 29th, 1779.
High and Mighty Lords,
In thanking your High Mightinesses for the orders your humanity has
dictated in relation to the wounded, who were on board two vessels of
the King, the Serapis and Countess of Scarborough, I only discharge
the orders of his Majesty in renewing the most strong and urgent
demand for the seizure and restitution of said vessels, as well as for
the enlargement of their crews, who have been seized by the pirate
Paul Jones, a Scotchman, a rebellious subject and state criminal.
The sentiments of equity and justice of your High Mightinesses leave
no room to doubt, that in taking into a more mature deliberation all
the circumstances of this affair, you will recognize readily the
justice of a demand, founded as well on the most solemn treaties,
which have subsisted more than a century between the Crown of Great
Britain and the United Provinces, as on the principles of the law of
nations, and the custom of friendly and allied States.
The stipulations of the treaty of Breda, of the 31st of July, 1667,
confirmed and renewed expressly in that of 1716, and in all the
subsequent ones, are too clear and incontestible in this respect not
to be felt in all their force.
The King considered it derogatory to his dignity, as well as to that
of your High Mightinesses, to expose the particulars of a case so
notorious as that in question, or to cite to the ancient friends and
allies of his Crown analogous examples of other Princes and States.
I shall confine myself to the remark, that the placard of your High
Mightinesses, in prescribing to the captains of foreign ships of war
to show their letters of marque or commissions, authorise you
according to the general custom of Admiralties to treat as pirates
those, whose letters are found to be illegal for not being issued by a
sovereign power.
The character of Paul Jones, and all the circumstances of the affair,
cannot by their notoriety be unknown to your High Mightinesses. Europe
has her eyes fixed on your resolution. Your High Mightinesses know too
well the value of good faith, not to give an example of it on this
important occasion. The least deviation from a rule so sacred, in
weakening friendship among neighbors, produces often unfortunate
consequences.
The King has always made it his pride to cultivate the friendship of
your High Mightinesses. His Majesty persists steadfastly in the same
sentiments; but the English nation does not think itself bound, by any
of its proceedings, to have its citizens detained prisoners in a port
of the Republic by an outlaw, a subject of the same country, and who
enjoys the liberty of which they are deprived.
It is for all these reasons, and many others equally solid, which
cannot escape the great penetration and sagacity of your High
Mightinesses, that the undersigned hopes to receive a ready and
favorable answer to the above, conformable to the just expectation of
the King, his master, and of the British nation.
JOSEPH YORKE.
* * * * *
JOHN PAUL JONES TO LIEUTENANT COLONEL WEIBERT, IN THE SERVICE OF THE
UNITED STATES.
Their High Mightinesses, the States-General of Holland, have granted
permission to us to land on the Island of Texel, a number of wounded
British prisoners of war now in our hands, to guard them by our
American soldiers in the fort of that Island, with the draw bridges
hauled up or let down at our discretion, and to remove them again from
thence to our ships at our free will and pleasure, and dispose of them
afterwards as though they had not been landed. Therefore you are
hereby appointed Governor-General over the wounded, and the soldiers,
that are destined this day to conduct them there, until further
orders.
These wounded prisoners are to be supported and provided with good
surgeons and medicine, and with necessary attendance at the expense of
the United States. The Commissary of the Admiralty, who resides on the
Texel, has undertaken, by our orders, to furnish you with the
necessary provisions; and surgeons, medicine and bedding, &c. are sent
from the squadron. In short, these prisoners, together with such other
sick and wounded as we may hereafter see fit to send to your care in
that fort on the Texel, are to be treated with all possible tenderness
and humanity. And you are to take care that no person under your
command may give any cause of complaint whatever to the subjects or
government of this country; but, on the contrary, to behave towards
them with the utmost complaisance and civility.
For which this shall be your order.
Given on board the American ship of war, the Serapis, at anchor in the
Road of Texel, November 1st, 1779.
JOHN PAUL JONES.
* * * * *
JOHN PAUL JONES TO THE DUC DE LA VAUGUYON.
Texel, November 4th, 1779.
Sir,
This morning the commandant of the Road sent me word to come and speak
to him on board his ship. He had before him on the table a letter,
which he said was from the Prince of Orange. He questioned me very
closely, whether I had a French commission, and if I had, he almost
insisted upon seeing it. In conformity to your advice, I told him that
my French commission not having been found among my papers since the
loss of the Bon Homme Richard, I feared that it had gone to the bottom
in that ship; but that, if it was really lost, it would be an easy
matter to procure a duplicate of it from France. The commandant
appeared to be very uneasy and anxious for my departure. I have told
him, that as there are eight of the enemy's ships laying wait for me
at the south entrance, and four more at the north entrance of the
Port, I was unable to fight more than three times my force; but that
he might rest assured of my intention to depart with the utmost
expedition, whenever I found a possibility to go clear.
I should be very happy, Sir, if I could tell you of my being ready. I
should have departed long ago, if I had met with common assistance;
but for a fortnight past I have every day expected the necessary
supply of water from Amsterdam, in cisterns, and I have been last
night only informed, that it cannot be had unless I send up water
casks. The provisions too, that were ordered the day I returned to
Amsterdam from the Hague, are not yet sent down, and the spars that
have been sent from Amsterdam are spoiled in the making. None of the
iron work that was ordered for the Serapis is yet completed, so that I
am, even to this hour, in want of hinges to hang the lower gun ports.
My officers and men lost their clothes and beds in the Bon Homme
Richard, and they have as yet got no supply. The bread that has been
twice a week sent down from Amsterdam to feed my people has been,
literally speaking, rotten; and the consequence is, that they are
falling sick. It is natural, also, that they should be discontented,
while I am not able to tell them that they will be paid the value of
their property in the Serapis and Countess of Scarborough, if either
or both of them should be lost or taken after sailing from hence.