of merchandise, excepting those only, which are distinguished by
the name of contraband or prohibited goods, and under this name of
contraband or prohibited goods, shall be comprehended arms, great
guns, bombs, with their fusils, and other things belonging to
them, fire balls, gunpowder, match, cannon balls, pikes, swords,
lances, spears, halberts, mortars, petards, grenades, saltpetre,
muskets, musket balls, helmets, headpieces, breastplates, coats of
mail, and the like kinds of arms proper for arming soldiers, musket
rests, belts, horses, with their furniture, and all other warlike
instruments whatever. The merchandise which follows shall not be
reckoned among contraband or prohibited goods, that is to say, all
sorts of cloth, and all other manufactures made of wool, flax, hemp,
silk, cotton, or any other materials whatever. All kinds of wearing
apparel, together with the species whereof they are used to be made,
gold and silver, as well coined as uncoined, tin, iron, lead, copper,
brass, as also wheat and barley, and every other kind of corn and
pulse, tobacco, and likewise all manner of spices, salted and smoked
flesh, salted fish, cheese and butter, beer, oils, wines, cider,
sugars, syrup, and all sorts of salt; and in general, all provisions
which serve to the nourishment of mankind and the sustenance of life;
furthermore, all kinds of cotton, hemp, flax, tar, pitch, turpentine,
ropes, cables, sail, sailcloths, anchors, and any parts of anchors;
also ships’ masts, planks, boards, and beams of what trees soever,
and all other things proper either for building or repairing ships;
and all other goods whatsoever, which have not been worked into the
form of any instrument or thing prepared for war, by land or by
sea, shall not be reputed contraband, much less such as have been
already wrought and made up for any other use; all which shall be
wholly reckoned among free goods; as likewise all other merchandise
and things, which are not comprehended or particularly mentioned
in the foregoing enumeration of contraband goods, so that they may
be transported and carried in the freest manner by the subjects
and citizens of both confederates, even to places belonging to an
enemy, such towns and places being only excepted as are at that time
besieged, blocked up, or invested.
ARTICLE XXX.
To the end, that all manner of dissension and quarrels may be
prevented and avoided on both sides, it is agreed, that in case
either of the parties hereto should be engaged in war, the ships and
vessels belonging to the subjects or citizens of the other ally must
be furnished with sea letters, or passports, expressing the name,
property, or bulk of the ship, or vessel, as also the name, place, or
habitation of the master, or commander of the said ship, or vessel,
that it may appear thereby, that the ship really and truly belongs
to the subjects, or citizens of one of the parties, which passport
shall be made out and granted according to the form annexed to this
treaty. They shall likewise be recalled every year, that is if the
ship or vessel happens to return home within the space of a year. It
is likewise agreed, that such ships or vessels being laden are to be
provided not only with passports, as above mentioned, but also with
certificates containing the several particulars of the cargo, the
place from whence the ship sailed, and whither she is bound, that
so it may be known, whether any forbidden or contraband goods be on
board the same; which certificates shall be made out by the officers
of the place whence the ship or vessel set sail, in the accustomed
form; and if any one shall think it fit or advisable to express in
the said certificates the persons to whom the goods on board belong,
he may freely do it.
ARTICLE XXXI.
The ships or vessels of the subjects or citizens of either of the
parties coming upon any coasts belonging to either of the said
confederates, but not willing to enter into port, or being entered
into port, and not willing to unload their cargoes or break bulk,
shall not be obliged to give an account of their lading, unless they
should be suspected on some manifest tokens of carrying to the enemy
of the other ally any prohibited goods called contraband, and in
case of such manifest suspicion, the said subjects and citizens of
either of the parties shall be obliged to exhibit in the ports, their
passports and certificates in the manner before specified.
ARTICLE XXXII.
If the ships or vessels of the said subjects, or people of either
of the parties, shall be met with sailing along the coasts, or on
the high seas, by any ship of war, privateer, or armed vessel of the
other party, the said ships of war, privateers, or armed vessels, for
the avoiding of any disorder, shall remain out of cannon shot, and
may send their boats on board the merchant ship, which they shall so
meet with, and may enter her, to the number of two or three men only,
to whom the master or commander of such ship or vessel shall exhibit
his passport, concerning the property of the ship or vessel made out
according to the form annexed to this present treaty, and the ship
or vessel, after such passport has been shown, shall be free and at
liberty to pursue her voyage, so as it shall not be lawful to molest
or search her in any manner, to give her chase or to force her to
quit her intended course.
ARTICLE XXXIII.
It is also agreed, that all goods when once put on board the ships
or vessels of either party shall not be subject to any further
visitation; but all visitation and search shall be made beforehand,
and all prohibited goods shall be stopped on the spot, before the
same be put on board the ships or vessels of the respective parties,
their subjects or people; nor shall the persons or goods of the
subjects or people of their said High Mightinesses, the States of
the Seven United Provinces of Holland, or the said United States of
America, be put under any arrest, or molested by any other kind of
embargo for that cause; but only the subject of that power, by which
the said goods have been or shall be prohibited, who shall have
presumed to sell or alienate such sort of goods, may be duly punished
for the offence, according to the laws, customs or ordinances of his
own country.
ARTICLE XXXIV.
The two contracting parties grant to each other mutually the liberty
of having, each in the ports of the other, consuls, vice consuls,
agents and commissioners of their own appointing, whose functions
shall be regulated by particular agreement, whenever either party
chooses to make such appointment.
This is a rough plan of a treaty of commerce, which, in consequence
of the appointment and instructions of the Honorable Engelbert
Francis Van Berckel, Counsellor Pensionary of the city of Amsterdam,
to me John de Neufville, citizen of the said city of Amsterdam, I
have perused, considered, and settled with William Lee, Commissioner
of Congress, as a proper treaty of commerce to be entered into
between their High Mightinesses, the States of the Seven United
Provinces of Holland, and the United States of America.
This done at Aix la Chapelle, the 4th of September, 1778.
JOHN DE NEUFVILLE.
COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM LEE.
Philadelphia, October 28th, 1778.
Sir,
The enclosed resolve it is hoped will be productive of singular
advantage, so for as relates to you, who must depend greatly for
American intelligence on your connexions in Paris. Congress have
been and are exceedingly loaded with business, and of late have met
with some singular interruptions in the intended general arrangement
of their foreign affairs, so that they have yet only decided in
respect to Dr Franklin, their Minister Plenipotentiary at the Court
of France.
Our first and most pressing business is the appreciation of our
currency. This point accomplished, our enemies themselves will
acknowledge their hopes of conquering us at an end. The British
Commissioners, sent on a foolish and wicked errand to America, are
returning home completely disappointed; and there is reason from
appearances to think, that the land forces of Britain are gradually
withdrawing from these States. It is probable, that the Marquis de
la Fayette, by whom this letter goes, will obtain in Boston further
knowledge than we now have of the destination of a fleet lately
departed from New York, amounting to about one hundred and fifty sail.
We shall desire Mr Adams to give you all possible information on the
arrival of this packet, and shall soon despatch other letters from
this port.
With hearty prayers for your welfare, we are, Sir, your affectionate
friends,
R. H. LEE,
JAMES LOVELL.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Frankfort, February 25th, 1779.
Gentlemen,
I have the honor of enclosing to you with this a fourth copy of
the plan of a treaty, arranged as you will see between M. John
de Neufville, on the part of the Pensionary and Burgomasters of
Amsterdam, and myself on the part of the United States of America.
This plan, I presume, will meet with the approbation of Congress,
and if it can be carried through in the General Assembly of the
Seven United States of the Netherlands, America cannot have any just
grounds of complaint. If any further steps are taken by you in this
business, it will be necessary to authorise some person to complete
it in your name, who must advance it with the States-General as he
finds the temper of the times and politics, for it is to be observed,
that by their constitution, in all cases of treaties, alliances,
peace, or war, the unanimous consent of all the States is requisite;
however, it is with pleasure I inform you, that in consequence of
the negotiation with Amsterdam, and the correspondence I have kept
up with the parties, that city (by far the most important member of
their union) has with infinite firmness and resolution opposed all
the intrigues of Great Britain, countenanced as it is said by the
Prince of Orange, to involve the Republic in a war against France,
and consequently against America.
The efforts of Amsterdam have at last prevailed on the States-General
to come to a resolution lately much in our favor, that is, that they
insist upon Great Britain’s strictly adhering to the treaty of 1674,
whereby the Dutch commerce is allowed to be entirely free; and if
Great Britain will not accede to this, they will convoy their trade
with ships of war, and repel force with force. They are accordingly
making a very respectable addition to their navy, the care of which
Amsterdam has taken on herself.
With respect to Germany, our affairs seem to wear a more promising
aspect, than they have done for some time past. Letters of good
authority from Vienna, Berlin, and Breslaw, the present residence
of the King of Prussia, speak with confidence of the terms of peace
being fully settled between the House of Austria and Prussia, under
the mediation of France and Russia, that of Great Britain being
equally slighted by both parties. There has been about ten thousand
men raised in this country, under the title of free corps, for the
two contending powers, all of whom will be dismissed as soon as peace
is signed, and will be ready to enter into any service that will pay
them. It will require infinite address, industry, and management to
prevent Great Britain from gaining advantage from this circumstance,
which will no doubt be attempted by their agent, General Faucet,
who is now in this country, endeavoring to buy more human flesh to
sacrifice to the demon of tyranny in America. To this object I shall
apply at present my principal attention, at the same time keeping a
watchful eye upon the Courts of Vienna and Berlin, to take advantage
of the first favorable opening for as that appears at either.
I think it most probable, that one or both of those Courts will begin
a negotiation with us, in a very little space of time after the peace
between them is finally settled; however, for the present the King
of Prussia has formally engaged, by a letter from his Minister, who
writes in the King’s name, the 17th instant, “that the merchants
of North America, who should come with their merchant vessels into
the ports of his Majesty to trade there, in merchandise that is not
prohibited, should have full liberty, and should be received in all
respects, as the merchants of other countries.” This looks to me,
as if they wished the trade to be commenced between America and
the Prussian dominions, but the European merchants, and especially
those who are not accustomed to a foreign commerce, which is almost
universally the case with the merchants in the Prussian dominions,
are cautious, and do not care to venture hastily in a trade, which
they do not understand. A vessel or two from America, arriving in
the port of Emden, would convince the Prussian merchants more of
the practicability of this commerce, than a volume of the most
demonstrative reasoning, that ever was written. You will judge then
of the propriety of encouraging the American merchants to undertake a
trial of this commerce.
This will be delivered to you by Samuel W. Stockton of New Jersey,
who has been with me some months, in the capacity of Secretary to the
Commission, at the Courts of Vienna and Berlin, for which purpose he
left London in May last, where he had been some years pursuing the
study of the law. He now returns to his country, because we do not
see clearly how the expense of a Secretary is to be supported, since
the American Commissioners at the Court of Versailles have lately
demurred at paying my draft on them for my expenses, conformably to
the resolve of Congress, and though they have allowed me some money,
I am given to understand, that it is the last I am to expect from
them; therefore, if you should agree in opinion with most others on
the propriety of keeping up the Commissions in Germany, it will be
quite necessary to establish some sure funds to support the expense.
Mr Stockton has received from me 3732 livres for his expenses, and I
am obliged to refer him to Congress for such further consideration
as they may judge he deserves, not having it in my power to make
him that compensation for his services to the public, which I think
him entitled to. However, justice calls upon me to say, that he
merits consideration and esteem for his zeal and readiness to serve
his country, whenever it was in his power, and therefore I am sure
Congress will render him ample retribution.
To Mr Stockton I refer you for further information relative to the
general state of political affairs in this quarter of the world, and
expecting shortly another opportunity, I shall write again, when I
hope to be able to give you very pleasing accounts of the progress of
my negotiations in this country. I have not received any letter or
intelligence from you of a later date than May last, therefore I have
no reply to make.
I have the honor to be, &c.
WILLIAM LEE.
TO THE PRESIDENT OF CONGRESS.
Paris, March l6th, 1779.
Sir,
I have just had communicated to me the copies of two letters from Mr
Silas Deane, addressed to Mr President Laurens, dated Philadelphia,
October the 12th, 1778, and a separate paper relative to the 11th and
12th articles in the Treaty of Commerce between His Most Christian
Majesty and the United States of America;[56] in which letters, so far
as respects me personally, he has asserted nearly the same groundless
charges as in his letter to the public, which has been already so
fully replied to, and proved to be utterly repugnant to truth. Had Mr
Deane made these very extraordinary assertions only once, he might
have had some shadow of excuse, though it is a very bad one, by
pleading a weak memory; but a deliberate repetition of them, after an
interval of time amply sufficient for recollection, shows a heart and
designs of such a complexion as all good men should avoid and guard
against. Mr Deane concludes with the following assertions, by way of
summary of all that he had before advanced.
1st. “That Mr William Lee never had a commission for the commercial
agency.” What Mr Deane may style a _commission_ I do not know, but
he knew by a letter to himself from Mr John Ross, in July, 1777, of
which he knows I have a copy, that I had as sufficient authority
to act in the commercial agency as Mr Thomas Morris, and that I
did act in that department accordingly. But if Mr Deane knew I was
not a commercial agent, how can he palliate so bold and daring an
imposition on His Most Christian Majesty and his Ministers, as to
represent me in that character to them, which he did do in the letter
signed by him to his Excellency Count de Vergennes in February, 1778,
requesting that the late Mr Thomas Morris’s papers might be put into
my possession, as then being the sole commercial agent of Congress.
But, indeed, we ought not to be surprised at any imposition whatever
on the part of Mr Deane, since he imposed himself on the King of
France, his Ministers, and the whole world, as a Commissioner of
Congress, on the 20th of March, 1778, when he confesses that on the
4th of that month he received a resolution of Congress, recalling
him to America. I also refer for his conviction to the letters and
proceedings of the Secret Committee.
2dly. Mr Deane says, “Mr Lee’s caution was such, that he never even
answered my letters to him in February or March, informing him that
Mr Robert Morris had written to me, that he was appointed; nor did
I hear anything from him of his intentions until he arrived at
Paris the summer following, where also he acted with the greatest
caution while he waited the return of his brother from Berlin.” One
cannot here omit observing the studied latitude of his expressions.
Mr Deane talks of his letter in _February_ or _March_, and that I
came to Paris in the summer following. Will Mr Deane say how many
letters he wrote? I never saw or heard of but _one_. Will he please
to say whether that one letter was dated the 1st of February, or the
31st of March? For the difference of _two_ whole months makes a very
material alteration in the consequence he means to draw from the
assertion. I will answer, that his only letter is dated the 30th of
March, though he acknowledges his having received a _notification_
from Mr Robert Morris in February of my appointment, and at the same
time was desired to give me information of it _immediately_. It has
been also proved by Mr Deane’s letter to Mr Williams, on the same
day, viz. March 30th, that he was plotting a contention and rivalship
in this department, before it was possible for him to know my
determination on the subject. Again, will Mr Deane specify what time
in the _summer_ I arrived in Paris? Because here it is left to be
understood, either the first day of June, or the last day of August,
which is a still greater difference than the former expression. I
will assert what I can prove, that I arrived in Paris the 11th of
June, and that besides receiving a letter from me himself in the
month of _May_, he was personally told by my brother, Arthur Lee, by
my desire, in the beginning of May, that I would come over as soon as
possible to execute my appointment, and so far from waiting in Paris
for my brother’s return from Berlin, I waited, by the express advice
of Dr Franklin and Mr Deane, until the 31st of July, 1777, as their
letter to me of that date will show, which was nine days after my
brother’s return from Berlin to Paris.
The manner in which Mr Deane sent me the letter, informing me of my
appointment, joined with what is now manifest, a formed design in him
and Dr Franklin to make Mr Williams (nephew of the latter, and who
now appears connected with the former in private mercantile business)
commercial agent,[57] in opposition to the Secret Committee’s
appointment, renders it evident that he expected either the
interception of that letter or my answer would have subjected me to
imprisonment and secured their plan. It is this disappointment that
makes Mr Deane so outrageous against me, for not having committed so
great an act of imprudence, situated as I was, as to be writing to
him by the post upon such a subject. That this scheme of Mr Deane
might be more effectual, notice of my appointment was circulated
upon the Royal Exchange of London, before I received Mr Deane’s
letter; and not long after, it was published in the newspapers in
authentic letters written from Paris. Now, as Mr Deane acknowledges
that he received a letter announcing my appointment, it must have
been by him, that others were enabled to write and publish it to all
the world, while my life, liberty, and property were at stake. It
is hardly in charity to believe, that these were not the intended
victims of Mr Deane’s conduct.
3dly. Mr. Deane says, “So far was he (meaning me) from ever
executing, or publicly attempting to execute that agency, until after
the news of General Burgoyne’s defeat had arrived in France, that
he did nothing that ever I heard of, which could have prevented his
returning to the exercise of his Aldermanship in London.”
If anything could astonish me, that comes from Mr Deane, surely
here is abundant matter for astonishment. He had just before, from
under his own hand, on the very same paper, acknowledged my having
attempted to exercise that appointment, in the joint letter from
Mr Thomas Morris and myself as commercial agents to himself and Dr
Franklin, in August, 1777, which he calls _severe_, but which I aver
is a very civil one, and that it does not contain a single harsh
or offensive expression. He acknowledges, also, the conference I
had with all the Commissioners in France in October, on the subject
of the commercial business, when Mr Izard was present. He knew,
also, that I had received a cargo publicly at Nantes, belonging to
Congress, by the Abigail, Captain Jenne, which vessel was loaded
again by me, and despatched back for America in three weeks, while
other American vessels, of no greater size or importance, were
detained at Nantes from two to three months. He knew, also, or
ought to have known, that I had written a letter addressed to all
the Commissioners, Dr Franklin, Mr Deane, and Mr Arthur Lee, on
the 10th of November, 1777, which was delivered to Dr Franklin as
eldest Commissioner the same day, wherein I requested a copy of the
treaties, that had been proposed to the Courts of France and Spain,
agreeably to my instructions from Congress, that I might not, as a
Commissioner of Congress, propose anything repugnant thereto to the
Courts of Vienna and Berlin. After these things, and a continued
series of operations in the public service, (all of which Mr Deane
was acquainted with) from the time I was permitted to act by himself
and Dr Franklin, until the 4th of December, when the news of General
Burgoyne’s defeat arrived at Paris, with what face could Mr Deane
make such an assertion as he has done? Most of these things also
being of public notoriety, and capable of being proved by a multitude
of witnesses, can any one suppose Mr Deane so totally ignorant of
the laws of England, as to imagine he could think I might return “to
the exercise of my Aldermanship in London,” without being a madman
desirous of hanging myself?
This gentleman attempts to excuse himself and Dr Franklin, for
not answering the joint letter of Mr Morris and myself to them,
by laying the blame on Mr Arthur Lee, not a syllable of which was
mentioned at the conference I had in October, 1777, at Passy with
the Commissioners, when Mr Izard was present, and which Mr Lee has
answered himself; but he omits to say why my several letters from
Nantes, as commercial agent on public business to the Commissioners,
were not answered, and of which I not only complained at the
conference but since. In order to invalidate what Mr Izard has
written, he totally mistakes the purport of the letter, in which Mr
Izard complains of Dr Franklin’s and Mr Deane’s refusing to write.
This letter, as desired by me, was a general one to all captains and
others, informing them that I was a Commercial Agent of the Secret
Committee of Congress, and that in consequence, they ought to follow
my directions and orders in all matters relative to the commercial
business of the Committee.
So far from my proposing the suspension of Mr Morris, I never thought
that the Commissioners had the least shadow of authority to do
it. It is certain, that Mr Deane not only proposed the suspension
of Mr Morris at this conference, but at several other times. As a
confirmation of this assertion, I beg leave to give the following
extract of Mr Deane’s letter to me, dated, “Passy, December 18th,
1777. My advice before your appointment (as was well known) was
to supersede Mr Morris, and appoint another until the pleasure of
Congress should be known; I was always of the same opinion after your
appointment, that you ought to conduct the business alone; these are
well known to have been my uniform sentiments.”