answer given the 16th of March, by Lord Stormont, to the just
representations made in the name of their High Mightinesses, by M. de
Welderen, their Envoy, relative to the violences committed upon the
convoy of the Republic, inasmuch as this answer by arguments destitute
of all foundation, endeavors to cast the blame of what happened upon
their High Mightinesses, and to make the commandant of their squadron
be considered as the aggressor, which is absolutely false; that their
High Mightinesses as well for their own justification in the eyes of
all Europe, as to convince, as far as in their power, his Britannic
Majesty of the insolidity of the answer of Lord Stormont, and with
what _incredible contempt of treaties_ their convoy has been attacked,
without having on their part provoked so hostile an action, have
resolved in substance to represent;--That their High Mightinesses,
having always held in high estimation the declaration made by his
Britannic Majesty of the sentiments of affection for the Republic,
flatter themselves that they have given his Majesty, during the
continuance of the present troubles, convincing proofs of their
esteem, and of their sincere desire to maintain and strengthen the
ties of this friendship, which for so many years had not failed to
secure the reciprocal prosperity of the two nations; that still
animated with the same sentiments, persisting also in the same
principles, and having nothing so much at heart as the quiet and
undisturbed enjoyment of the rights, assured by the ancient treaties,
their High Mightinesses are intimately affected, that his Majesty will
consider as a provocation the necessity of that defence to which they
found themselves reduced, in consequence of positive orders given by
his Majesty himself, and not having been able to make their
representations upon this subject attended to, see themselves obliged
to declare that they can and ought to order to be convoyed by vessels
of war, all the materials for ship building, which shall not be
transported to the succor of the enemies of his Britannic Majesty, the
said materials forming one of the principal articles of the free
navigation and of the commerce stipulated by the treaties; but all the
merchandises of contraband being nevertheless to be excepted. That the
cargoes of materials for ship building not being considered as
contraband by the letter of the treaties, ought not to be subjected to
any visit or detention, above all when they are found under the flag
of their High Mightinesses; which, nevertheless, has been done in
consequence of orders given upon this subject, and cannot but be
regarded as a direct and unprovoked attack of their flag, as well as
of their independence and sovereignty. That as to what Lord Stormont
advances in saying, that in virtue of the treaty of 1674, all merchant
vessels loaded with suspected merchandises ought to be visited, to the
end to excuse by this assertion the conduct of Mr Fielding, it is but
a vain allegation, contradicted by the very words of the said treaty,
in which, in truth, there is no mention made of suspected
merchandises, but only in the third article of commodities of
contraband, which are particularly enumerated. That the convoy, by its
nature, rendering useless all visits, the fifth and sixth articles of
the said treaty of 1674, relative to rencounters at sea, explain
themselves upon the following case. We there find literally,
'That when any private vessel, subject to one of the contracting
powers, shall meet in open sea a vessel of war, or other vessel
provided with a commission from the other power, and that the said
vessel shall not be under convoy, she shall not be held only barely to
the exhibition of her sea letters to justify the property of her
cargo, and this in consequence of the 8th article of said treaty,
except, nevertheless, when a merchant vessel shall be destined for an
enemy's port, she shall be obliged also to show her passport,
containing the list of effects which shall be on board, and to show
that she is not loaded with any of the articles prohibited by the 3d
article of the said treaty.'
"That, consequently, their High Mightinesses ought to conclude, that
the assertion of Lord Stormont concerning the pretended exception of
the said treaty, is but an extension of a regulation which he alleges
for his justification, and that thus the conduct of Mr Fielding,
approved by his Majesty, is a blow direct and manifest struck at the
same treaty. That with regard to the property, as well as the nature
of the cargo of the vessels, which were under the convoy of the
Republic, Mr Fielding would have been able to have abundantly informed
himself by the Count de Byland, to whom their High Mightinesses,
although by no means obliged to this act of complaisance on their
part, had given permission to consent to this demand, provided always,
that the maintenance of the rights of the subjects of the Republic
should not have suffered by it, and that, moreover, all possible
moderation should be previously used. Their High Mightinesses could
not do any other, than approve in all its points the conduct of Count
de Byland. That thus, in contempt of all law and reason, the vessels
under convoy having been taken, and the judgment of the legality of
their detention sent to the decision of judges, who, as they ought not
to pronounce upon this fact but according to the regulations made by
his Majesty, are ready to declare lawful the confiscation of materials
of ship building. That notwithstanding this, no breach of treaties
having been made, either by the orders of their High Mightinesses, or
by the conduct of their officer charged to execute them, nor any
hostility committed, but, on the contrary, Mr Fielding, in consequence
of orders which he had received, having employed the violence of arms
against the convoy of the Republic, it is not certainly on the side of
his Majesty that there ought to exist the least right of complaint,
but rather on that of their High Mightinesses, who have subjects the
most lawful on which to make them, and to insist, in the strongest
manner, on obtaining a suitable satisfaction and reparation, as well
as the restitution of the merchant vessels and their cargoes, which,
being under the convoy of the State, have been, against the faith of
treaties, attacked and stopped by Mr Fielding, taken and carried into
England, and against all form of justice and equity, so unjustly
condemned by the Judges of the Admiralty; and that, finally, M. de
Welderen shall be charged to conform himself to the aforesaid
instructions, to demand a positive answer upon this subject from Lord
Stormont, and to do upon this object all that he shall judge suitable
to the circumstances, in employing to this effect his good offices and
all the efforts of the strictest duty."
Their High Mightinesses have also taken the following resolution.
"Having received a letter from the representative of His Most Serene
Highness, and from the directors of the general and granted Company of
the West Indies, committees of the respective chambers to the
assembly of ten, sitting at Amsterdam, written from that city the 18th
of this month, and whereof the contents are, that in consequence of,
and to the end to satisfy the resolution of their High Mightinesses of
the 12th precedent, containing their report upon the petition of
divers merchants and proprietors of ships residing in this country,
and trading with the West Indies; shewing, thereby, to their High
Mightinesses, how it was prejudicial to the commerce and navigation of
this country;
'1st. That when the vessels of other European nations transport to the
Colonies of this State, situated in the West Indies, and principally
at St Eustatia, merchandises, without paying the duties of lest and of
recognition, that the petitioners and other inhabitants of the
Republic, going from the ports of this country, were, nevertheless,
obliged to pay to the West India Company;
'2dly. That if the said foreign vessels should enjoy an advantage so
notable, as to transport from America, even the merchandises and
productions of the country, in the ports of their habitation or others
situated in Europe, and without the limits of this Republic, without
paying any duty of lest or of recognition, while, nevertheless, the
petitioners see themselves not only obliged in going there and
returning to pay these duties to the West India Company, but also to
engage themselves under caution, not to return into any port of Europe
except those of this State. They pray that a remedy may be provided
for this inconvenience;'
"Upon which having deliberated, it has been thought proper,
conditionally, and until a final decision of their High Mightinesses,
that it should be determined by these presents, that foreign European
vessels, importing merchandise of any sort to the islands of this
State in the West Indies, without having acquitted the sums due in
this country for the duties of lest and of recognition, shall be
subjected and obliged, after their arrival, to there pay exactly all
the duties, without exception, which the vessels of the Republic are
held to discharge before their departure from Europe; finally, that
conditionally, and until after an ulterior disposition of their High
Mightinesses, it should be seriously forbidden to these foreign
European vessels, to load in the Colonies of the State, merchandises,
except under the same obligations and restrictions imposed upon ships
of the Republic, to wit, to sail only from, and to return to the ports
of this country, and paying the same duties of lest, and sale, and
recognition, which the ships of the inhabitants of the State are
obliged to pay, on returning to the said ports of the Republic."
_Hague, 3d of May._ "There has been sent to the Assembly of their High
Mightinesses, a resolution of the Province of Gueldres, conforming
wholly to that taken by the Province of Holland, touching the memorial
of the Prince Gallitzin, and which authorises at the same time their
committees to assist at the conferences and negotiations, to continue
them, and to transmit the result of them to the deliberations of their
Noble Mightinesses, to the end that they in course take a resolution
according to the exigence of the case, and the importance of this
object.
"There have also been presented three resolutions of the Province of
Zealand; the first, concerning the requisition made by the Admiralty
of the quarter of the north, soliciting a subsidy of three hundred and
seventyfive thousand florins, and to be put in a state to be able
afterwards to pay the annual interest of it; in consequence of which,
the States of Zealand consent to the borrowing of the said sum upon an
interest of two and a half per cent, opposing themselves,
nevertheless, to the granting to the said College an annual subsidy,
to be divided in quotas on the respective Provinces.
"The second of these resolutions contains an answer to a letter of the
Admiralty on the Meuse, concerning the indemnification of the losses
suffered for the transportation of the Ambassador Van Haefton, at
Constantinople. Finally the third resolution is relative to the Memoir
of the Prince Gallitzin, and has for its object to concur in the
opening of conferences, provided, that these do not in anything alter
the system of an exact neutrality, adopted by the Republic, nor the
treaties subsisting; with a further insinuation to the gentlemen,
their ordinary deputies, to abstain from concurring in any final
conclusion upon this object, without the consent of their Noble
Mightinesses and without having previously informed them of what may
be projected in this respect.
"The States of Guilderland, in their resolution relative to the
granting of an unlimited convoy, have also declared, that they had
believed they had foundation to flatter themselves, that the
condescension of this State, upon the representations of the King of
Great Britain, to the effect to suspend conditionally the protection
due to their subjects, and which was assured to them by the treaty of
1674, would have sufficiently proved the desire, with which the
Republic was animated to testify to his Majesty as well as to Great
Britain, a deference the most marked, preserving always the
observation of an exact neutrality, but that convinced of the
contrary, as well by the declarations as by even the hostilities
committed against the subjects of the Republic, they have now thought
themselves founded in putting an end to the limitation of convoys, in
granting a free course to the protection of commerce, according to the
treaties and the law of nations. For which reason, the aforesaid
States would no more make any difficulty to concur to maintain with
the forces of the country, the right of the Republic, lawfully
acquired by solemn treaties, but that not being, nevertheless,
intimately convinced, that in case of a further opposition the
Republic is in a state of defence sufficient upon the sea, it would
consequently be to be feared, that such a part would not serve, but to
throw the State into still greater embarrassments, and operate an
effect contrary to the end proposed. Thus then, supposing that the
high confederates should judge it indispensably necessary to grant an
unlimited convoy, the intention of their Noble Mightinesses would not
be in any degree to retard or suspend such a resolution, but on the
contrary, to show their condescension and their desire to contribute
to the unanimity of this State, they would take away all reflections,
of what importance soever they may appear to them, submitting
themselves to the penetration of those of the confederates, who, being
more interested in navigation and maritime commerce, have already
authorised and instructed their committees, in the generality, to
consent with the concurrence of other Provinces to an unlimited
convoy."
We read also in another resolution of the States of Friesland, these
remarkable words, "that the Empress of Russia has never given a more
shining proof, than in the present conjuncture, of her attachment to
this Republic, which ought to engage the State to correspond by
sentiments proportioned to those, which her Majesty has discovered,
both for the well being and the safety of her own States and subjects,
and to procure to all Europe a perfect tranquillity founded upon
motives the most equitable, and upon treaties, and to the end to
prevent and hinder for the future the damages, which commerce and
navigation have suffered until this time, and to maintain and cause to
be observed a perfect neutrality between the belligerent powers."
I may conclude this letter by observing, that I am informed, they talk
in Holland of laying an embargo, to prevent the English from making
many prizes, and that there is another rumor of opening the harbor of
Antwerp. If there is any serious thought of this, it must be the fruit
of English intrigue with Austria.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Paris, May 8th, 1780.
Sir,
At the same time that the conduct of Great Britain towards the neutral
powers is marked by a severity, that is without example, that of
France and Spain is distinguished by a moderation and liberality, that
deserves to be imitated. I have before transmitted to Congress the
declaration of the King of France, and the decree of his Council,
abolishing the restrictions on the Holland trade. In this letter I
shall give an account of the conduct of Spain.
On the 13th of March, the Count de Florida Blanca wrote a letter to
the Marquis Gonzalez de Castigon, the Minister of the Marine, to serve
as a regulation for the navigation of neuters, as follows;
"Most Excellent Lord,
"From the commencement of the present war with Great Britain, the King
declared sincerely, and even in a manner that is unexampled, his
intentions of blockading Gibraltar, and his Majesty gave by me a
formal notification of it to all the foreign Ministers and
Ambassadors, to the end that they might be in a capacity to inform
their respective nations of it, and that these might avoid in their
navigation and in their conduct the consequences and procedures
authorised by the right of nations and the general laws of war. The
King declared at the same time by his ordinances concerning
privateering, published in the sight of all the world, 'that with
regard to the merchandises, productions, and effects of the English,
loaded on board of vessels bearing the flag of a friend or a neuter,
his Majesty would conduct himself according to the procedure, which
the English should adopt towards cargoes of the same kind, to the end
to avoid by this reciprocity of conduct, the enormous inequality, the
prejudice, and even the ruin to which the commerce and the subjects of
his Majesty would be otherwise exposed.' In spite of these
dispositions so full of equity, of frankness and good faith, the
captains and masters of neutral vessels have not ceased to abuse
without shame the impunity of their flags, whether by sliding
clandestinely into Gibraltar, with cargoes of provisions, even with
those which were destined for the fleets and armies of the King,
whether by concealing a great part of their loading, consisting in
powder and other merchandises of contraband, or by disguising (by
double and fictitious papers, which they cast into the sea, when they
saw themselves pursued) the property of their vessels and effects, as
well as their destination for persons and places different from those
to whom they really belonged, and to which they were bound, or whether
finally by making a formal resistance against the King's ships or his
privateers, when they endeavored to take a view of some vessels, which
they supposed neuter.
"Although these facts are notorious, and have been proved by formal
processes, these men, greedy of gain, and perverse, have filled all
Europe with the noise of their clamors, propagating falsely, that
orders had been given to detain and to seize all neutral vessels, that
would pass the Straits, whilst in fact the orders were confined to the
detention of vessels suspected by their course, or their papers, and
which were loaded with provisions or effects of the enemy, a
moderation very different from the conduct which has been held by the
navy and the privateers of England, in detaining and declaring good
prize neutral vessels, not only when they carried Spanish productions,
but of whatever kind the merchandises were, which they had taken on
board in the ports of Spain, or although they were only bound to this
Peninsula, taking also and carrying to Gibraltar the neutral vessels,
which passed in their sight with cargoes of provisions, although the
whole was but a feint and a disguised agreement made beforehand with
persons interested in these frauds. These clamors have been
accompanied with several complaints, which have been made to the King,
filled with the exaggerations and falsehoods beforementioned, and the
complainants have addressed themselves in the same manner to their
respective Courts, without considering, that conformably to all the
treaties of peace and of commerce the royal tribunals of the marine of
the Admiralty, as well inferior as superior, were open to them to hear
their allegations and proofs, pronounce sentence upon the processes,
which they should institute, and repair the wrongs, which the detained
vessels should have suffered, in one case or the other, without
sufficient reason, although to this moment this point has never been
legally verified. But the captains and masters have always obstinately
insisted, that without other proofs than their relations and their
applications to the Ministry, they should be released, and the delays
and damages of their detention made good to them, and this solely
because the clemency, the equity, and even the indulgence of the King
recommended to the judges of the marine, had set several vessels at
liberty, which had been detained with justice, and which might have
been declared good prizes, conformably to law, and to the practice of
our enemies.
"To dissipate even the very shadow of such like pretexts the Count de
Rechteren, Envoy of the United Provinces, and the other Ministers of
foreign Courts, were notified beforehand, that if they proposed any
means of preventing frauds, and causes of suspicion, the King, to give
a fresh proof of the good correspondence and friendship, which he
desired to maintain with these Courts, would adopt such of those means
as should be proper to produce such an effect; and as to this day they
have not proposed nor regulated any means of this sort, his Majesty
has judged proper to take by himself the measures, which are
consistent with his sovereignty, uniting to that end the substance of
those which have been communicated hitherto, and manifesting in a
manner, if possible, still more positive his intentions, so full of
justice, of equity, and of moderation, as being founded upon the
resolution of making them be observed with punctuality.
"ARTICLE I. That the vessels with a neutral flag, making sail through
the Straits, whether on the side of the ocean, or on that of the
Mediterranean, may not be molested nor hindered in their navigation,
so long as they shall arrange themselves, as much as shall be possible
for them, along the coasts of Africa, and keeping as far as they can
from those of Europe, during the course of their passage, from their
coming into it to their going out, provided always, that their papers
and cargoes be regular, and they furnish no just cause to excite
suspicions, whether by flying away, or by resistance, or by an
irregular course, or other signs of correspondence with the place
blocked up, or with the ships of the enemy.
"ARTICLE II. When the aforesaid vessels of a neutral flag shall be
destined, with their cargoes, for any ports, situated upon the Spanish
coast in the Straits, such as those of Algeziras or Tarifa, they must
lie to, and wait the arrival of a Spanish vessel, which making sail
towards them shall give them the signal, by firing a gun, and after
having received their declaration shall escort them, or will point out
to them, according to the circumstances, the way which they ought
strictly to pursue, for coming more readily, without any danger, and
without giving cause of any suspicion, to the place of their
destination.
"ARTICLE III. In case the Spanish vessels cruising in the Straits, at
the entrance, or the outlet, according to the exigence of the case or
the place, and conformably to the orders, with which they may be
charged, should judge it necessary to convoy neutral vessels, which
are traversing the Straits, or even those which are coasting along
Africa, these neutral vessels shall not make opposition to submit to
the convoy, without going away from it, or furnishing reasons of
suspicion; nevertheless, as they, may arrive in great numbers, and at
different times, in such manner that it may become prejudicial to wait
for the time to be convoyed, and that, moreover, it would be extremely
embarrassing to escort each ship in particular, they shall direct
their course conformably to the first article, towards the coast of
Africa, and shall follow it until some Spanish vessel, stationed or
cruising in the Straits, presents itself to escort them out of sight
of the place of the enemy and its avenues; and to this end the
vessels, to which the signal shall be given, shall stop, as it was
said above, and shall conform themselves to the dispositions made in
respect to them, by producing without the smallest difficulty, or
resistance, their papers, and submitting to all that which is
prescribed by the treaties, and the common law of nations to the end
to prove the property of ships, the legality of their documents, as
well as of their cargoes and destination.
"ARTICLE IV. When such vessels, under the appearance of neutrals,
shall come out of ports situated on the coast of Africa, in the
Straits, they shall be visited, and treated according to the nature of
their cargo, or the suspicions which they shall have excited, of
intentions to sail to carry succors to Gibraltar, supposing always
that the vessels coming out of the said ports with the design of going
into Gibraltar, have in fact hoisted, a neutral flag and abused it.