"In this Republic, they call patents the orders in writing, which the

Captain-General sends to the troops to march. He orders the marches,

provides for the garrisons, and changes them at his pleasure. The

ordinances and military regulations proceed from him alone; it is he,

who constitutes and authorises the High Council of War of the United

Provinces, and who, as Captain-General of each Province, disposes of

all military offices as far as that of Colonel, inclusively. The

highest posts, as those of Field Marshals, of Generals and

Lieutenant-Generals, are given by the States-General, who choose those

to fill them whom his Highness recommends. It is he also, who gives

the governments, commandants, &c. of cities and places of arms of the

Republic, and those of the barrier. The persons named, present their

acts to their High Mightinesses, who provide them with commissions. In

disposing of civil employments, which are in their departments, the

States-General have always a great deal of regard also to the

recommendations of his Highness. The power of the Stadtholder, as

Grand Admiral, extends itself over everything which regards the naval

forces of the State, and the other affairs of the departments of the

Admiralties. These councils, called the Admiralties, preside over the

perception [?] of the duties of entries, inwards and outwards, and

have the direction of the custom-house, as well as that of the

Admiralty. He presides here in person or by his representatives; and

as chief of all these councils in general and of each one in

particular, he is able to cause to be observed and executed their

instructions, both by themselves, and what concerns them. He disposes

of the employs of Lieutenant-Admirals and others, who command under

him, and creates also the captains (_de haut bord_). The Grand

Admiral, who has his part in all the prizes which are made, both by

the vessels of the State and by privateers, establishes, when it is

necessary, maritime councils of war, who do right in the name of their

High Mightinesses, and of his Highness, but whose sentences are not

executed until after he has approved and confirmed them. It is the

same in those of the High Council of War of the United Provinces.

"Here follows the COMMISSION of the Prince, exactly translated from

the Dutch.

"The States-General of the United Provinces of the Low Countries, to

all those who shall see or hear these presents, greeting. We make

known, that it being necessary to authorise and establish one person

capable and qualified as Captain-General and Admiral-General of the

people of war, by sea and land, who are in our service, for the

maintenance of the State and of the government of this country, and

for the direction of the affairs of war; for these causes, considering

the good qualities and the capacity of his Highness, the Prince

William Charles Henry Friso, by the Grace of God, Prince of Orange and

of Nassau, Earl of Catzeneltebogen, Vianden, Dietz, &c. &c. &c. and

relying upon his firmness, valor, and inclination, for the prosperity

of these countries, we have established and authorised, and we do

establish and authorise his Most Serene Highness, the said Prince

William Charles Henry Friso, Captain and Admiral-General over the

people of war, who are in our service by sea and by land, giving to

his Highness full power and authority to command, in that quality, all

the said troops, and order them all that is convenient for the

conservation and the maintenance of the union, for the safeguard and

the defence of the State, for the tranquillity, the rights and the

privileges of the country, both in general, and of each Province in

particular; and for the protection of the inhabitants, as also for the

conservation of the true reformed religion, in the manner that it is

at present exercised, and under the public authority in the associated

Provinces and cities; in fine, for the maintenance of the present form

of government; the whole with the authority, the rights, the honors,

and pre-eminence, thereto annexed. We have, moreover, conferred on his

Serene Highness, as we hereby confer upon him, by these presents,

until we shall have made known that we have disposed otherwise, the

free power to dispose of patents and other things which relate to war,

as the Lords, Princes of Orange, glorious ancestors of his Serene

Highness have done, in quality of Stadtholders with relation to the

troops. We command and ordain, most expressly, to all and every one,

particularly to the officers of the troops, Colonels, Captains of

Cavalry and of Infantry, and of other people of war in our service

and pay, to acknowledge, respect, and obey his Serene Highness in

that quality, giving him all succor, favor, and assistance, in

executing his orders. His Serene Highness, as Captain-General of the

State, shall take the ordinary oath to us, or to those whom we shall

depute for that end, upon the instructions[9] which we shall judge

proper to prepare in this respect. Done, in our Assembly at the Hague,

the 4th of May, 1747.

[9] No such instructions exist.

"The Sladtholder grants likewise, letters of grace, of pardon, and

abolition, both of the crimes which they call _communia delicta_, and

of military offences. In Holland and Zealand, these letters are made

out for the former, in the name of the States, with the advice of his

Highness; in cases of common crimes, he consults the courts of

justice, the counsellors deputies of the Provinces, the Council of

State, and the tribunals of justice of the cities respectively,

according to the nature of the case, and concerning the others, the

High Council of War, &c.

"In the Provinces of Holland and Zealand, the Stadtholder makes every

year an election of the magistrates of the cities, upon a

representation or nomination of a double number, which the cities

themselves send to him. He has the choice of two, and in some cases,

of three candidates, whom the States of Holland name to fill the

offices, which their Noble and Grand Mightinesses, and formerly the

Chamber of Accounts of their dominions had the disposition or election

of, when there was no Governor. In some cities, the Stadtholder elects

only the sheriffs, in others the burgomasters and sheriffs, and in

some, the counsellors of the cities also. The magistrates, in taking

possession of their offices, promise by oath, to maintain the rights,

privileges, and immunities of their cities and citizens; and they take

an oath also of fidelity to the States of Holland and Friesland. In

1672, the magistrates of Dort, added 'as also to his Serene Highness,

the Prince of Orange, Stadtholder of the Province,' and the same thing

was done in 1747, but only in Dort. When the States, in extraordinary

cases which require it, judge proper to invest him with an act of

authority, he can dismiss all these magistrates and replace them by

others. This was done upon this footing, in 1672 and 1748. 'Saving

their honor, and without its being permitted to suspect them of having

ill conducted in the exercise of their offices, the Stadtholder

promising to take, in case of need, their persons and their families

under his protection and safeguard, &c.' The Prince of Maurice having

changed in 1718 the magistrates of the greatest part of the cities,

was thanked for it by the States of Holland, who, by their resolution

of the 16th of November of the same year, approved unanimously of what

his Excellency had done.

"There are some few offices, which, by the constitution, the States

have the disposal of, but in effect, the Stadtholder disposes of all

offices, and is by this means in a capacity to oblige and attach to

him, the magistrates of the cities, and other persons whom he pleases

to gratify with them. He elects the counsellors and inspectors of the

dykes of Rhynland, of Delfland, and of Schieland, &c. upon a

presentation of three persons which these Colleges, established in

Holland for many centuries, send directly to him. Philip the Good,

Duke of Burgundy, in an old ordinance, calls these officers

Counsellors of the Dykes. Their offices are for life; and besides

these three Colleges, there are still several others in Holland, but

the three abovementioned are the most considerable.

"In virtue of the regulations made in 1674 and 1675, and renewed since

the accession of the Prince to the Stadtholdership, he has a great

power in the Provinces of Guelderland, Utrecht, and Overyssel. The

decision of the differences, which may there arise among the

respective members and quarters belong to him; all the offices and

commissions, which are exercised both in the Provinces and without.

The States of Guelderland had, in 1748, conferred on the Prince

Stadtholder the power of correcting, changing, and augmenting the

regulation of the Regency of the year 1675, as his Highness should

judge necessary for the good and advantage of the Province, in case

that in this regulation he should find articles, which, according to

the constitution of the present form of government, have occasion to

be altered. But his Highness, in re-establishing it, did not judge

proper to avail himself of this concession, which he nevertheless

accepted in 1750. See the last article of the regulation published

that year. In 1748, the Quarter of Nimeguen made a present to the

Prince of the Earldom of Culembourg, and the States of Overyssel did

the same with regard to the lands, which they possessed in the Earldom

of Bantheim. By this he is the First Member of the States, and

Sovereign Lord of the Lower Earldom.

"He has at his disposal all the offices and commissions in the

Provinces of Groningen and Ommelanden, since the regulation of the

year 1748, and the Prince Stadtholder has also acquired the greatest

prerogatives in Friesland, by the regulation of December, 1748. As

Stadtholder of the country of Drenthe and of the territory of the

Generality, he has also very fair prerogatives, and annual

appointments. The Council of State of the United Provinces, as well

as the Councils Deputies of Holland and West Friesland, have, of their

own motion offered, and at last conceded to his Highness all the

employments which were in their disposal. By the articles ninth,

sixteenth, and twentyfirst of the Treaty of Union of Utrecht, the

Stadtholders of that time had been named provisionally, arbiters of

the differences, which contrary sentiments and opposite views might

occasion among the confederates, who, in thus submitting to an

arbitration of points so important, had considered no doubt, that in

fact there could not be any union or confederation among allies, who

united themselves so closely, without agreeing upon means of coming to

a conclusion, in cases, in which the plurality of voices did not take

place.

"Since the re-establishment of the Stadtholdership on the footing

where it is at present, similar differences between the Provinces are

no longer to be feared; the Prince Stadtholder, being fortified with a

power sufficiently great to maintain the union, by preventing the

consequences of all which might disturb it, or being a prejudice to

the State in general, or to the Provinces, or their Quarters, or their

members in particular; finally to take and put in execution the

measures and resolutions necessary, &c. His Highness presides in the

Court of Holland, and in the Courts of Justice of the other Provinces,

and his name is placed at the head of their commandments, ordinances,

and bills. In Overyssel and in the Province of Utrecht, the fiefs are

held in the name of the Prince Stadtholder. He is supreme curator of

the Universities of Guelderland, of Friesland, and Groningen, Grand

Forrester and Grand Hunter in Guelderland, Holland, and other places.

"In the Province of Utrecht, his Highness, by virtue of the regulation

of the year 1674, disposes of the provostship, and other benefices,

which have remained attached to the chapters, as also the canonical

prebends, which have fallen vacant in the months which were formerly

called Popish.

"Conformably to the first article of the instructions of the Council

of State of the United Provinces, the Stadtholder is the first member

of it, and has there the right of suffrage, with an appointment of

twentyfive thousand florins a year. In virtue of a resolution of the

States-General, of the 27th of February, the Prince of Orange had

enjoyed it before his elevation to the Stadtholdership, having been

placed, from the year 1670, in the Council of State. The 26th of July,

1746, their High Mightinesses granted the same appointments to the

Prince Stadtholder.

"He assists also, whenever he judges proper for the service of the

State, at the deliberations of the States-General, there to make

propositions, &c. and sometimes also at the conferences held by the

Deputies of their High Mightinesses in the several departments,

according to the order established at the Assemblies of the States of

particular Provinces, and at those of their Counsellors, or States

Deputies. In Guelderland, in Holland, and in the Province of Utrecht,

his Highness participates of the sovereignty, as Chief, or President

of the body of Nobles; and in Zealand, where he possesses the

Marquisate of Veere and of Flessingue as First Noble, and representing

alone all the nobility. In his absence, he has in Zealand his

representatives, who hold the first place, who have the first voice in

all the councils, and the first of whom is always First Deputy from

this Province at the Assembly of their High Mightinesses. The three

quarters of the Province of Guelderland conferred the dignity of

Chief, or President of the Body of Nobles, on his Serene Highness, in

1750. None of his predecessors had it, but Basnage says, in his Annals

of the United Provinces, that the Prince William the Second, a little

before his death, had a design to get himself elected First Noble in

Guelderland, where the nobility had been at all times devoted to him.

"The Body of Nobles of Holland, having prayed in 1635, the Prince

Frederick Henry to do them the honor of being their Chief, his

Highness, who as Stadtholder had neither seat nor voice in the

Assembly of the States of the Province, graciously accepted of this

offer, and became thereby a permanent member of it. The Body of Nobles

have done the same with regard to the successors of this Prince.

"Veere and Flessingue are two of the six cities, which, with the First

Noble compose the Assembly of the States of Zealand. The councils in

Zealand, in which the Prince or his representatives have the first

voice, are the Assembly of the States, and of the Counsellors

Deputies; in the Council of the Admiralty, in the Chambers of

Accounts, and in the Assembly, that they name the States of Walcheren,

a College, which has the care of the dykes of this part of the

Province. It appears, that under the precedent Stadtholders, the

Assembly of the States of Zealand, composed, as at present, of the

First Noble, and the six cities, disposed of all provincial offices

and commissions, and one may see, by the resolution of the States of

Zealand of the 15th of June, 1751, how this affair has been

regulated.

"In 1749, the Prince Stadtholder was created by the States-General,

Governor-General and Supreme Director of the Companies of the East and

West Indies, dignities which gave him a great deal of authority and

power, and which had not been conferred upon any of his predecessors.

They have not yet been rendered hereditary. He has his representatives

in the respective chambers, and chooses the Directors of the two

companies, upon a nomination of three persons, who have the

qualifications necessary to be elected. From his elevation to the

Stadtholdership, the Prince enjoyed in Zealand this prerogative. His

Serene Highness enjoys, without paying taxes, as the precedent

Stadtholder might have enjoyed, the thirtieth part of all the

divisions, which the East India Company makes; that is to say, the

dividends of sixtysix actions and two thirds, each action being

reckoned at three thousand florins, old capital. See the resolutions

of their High Mightinesses, of the twentyseventh of November, 1747,

when the company gives to the interested a dividend of fifty per cent,

the portion of the Stadtholder amounts to fifty thousand florins. The

Prince Stadtholder represents the dignity and the grandeur of the

Republic, and without bearing the name of sovereign, and doing all in

the name of the States, of which he is the Lieutenant-General, he

enjoys in several respects, even the effects of the sovereignty. We

have already seen what are his principal prerogatives, his authority,

his great credit, and his influence in all affairs.

"The Ambassadors and other Ministers in foreign Courts hold their

commissions and receive their instructions from the States-General,

who nevertheless do not name to these employs, excepting such as are

agreeable to the Prince Stadtholder, and recommended by his Highness.

These Ministers address their despatches to their High Mightinesses,

or to their Register, and correspond also with the Counsellor

Pensionary of Holland. They also render an account to the Prince

Stadtholder of the negotiations with which they are charged, and of

all important and secret affairs.

"Treaties, alliances, conventions, &c. are negotiated, signed, and

ratified in the name of the States-General, after having been

communicated to the Provinces and ratified by them. The name of the

Prince Stadtholder does not appear, but he can, when there is a

question concerning his particular affairs, enter into negotiation

with foreign Courts, and conclude with them treaties, as it was done

with Spain in 1646 and 1647.

"Some of the foreign Ministers who reside at the Hague, are also

accredited with the Prince Stadtholder. The prerogatives of the Prince

Stadtholder of the Republic are at present sufficiently fixed; but

they are not precisely the same in all the Provinces. The appointments

and revenues of the Stadtholder and Captain-General, to consider them

even in proportion, cannot be put in parallel with those of a King of

England. Nevertheless, it is reckoned that the revenues of the

Stadtholdership of the Seven United Provinces, of the country of

Drenthe and the Territory of the Generality, comprehending the

twentyfive thousand florins which the Prince enjoys annually as First

Member of the Council of State, and the dividends of the company of

the East Indies, amount to three hundred thousand florins a year. The

Stadtholder pays neither imposts nor taxes, excepting those which they

call in Holland _Odinarés Verponding_, which is raised in this

Province upon the lands and upon the houses, &c. The body guards and

the aid-de-camp of his Most Serene Highness are entertained at the

expense of the union. Holland alone pays the company of a hundred

Swiss, and makes good the hire of the houses, which the Prince

Stadtholder and some of the principal officers of his house occupy at

the Hague, who enjoy also a freedom from excises. On some occasions,

the Counsellors Deputies of Holland and West Friesland, dispose, upon

the proposition of the Stadtholder, or of the Counsellor Pensionary in

his behalf, of certain sums necessary for the service of the State;

and upon an act of this Council, they pass them in account at the

Receiver-General of the Province.

"As Captain-General of the union, his Highness has a hundred thousand

florins of appointments a year, besides twentyfour thousand from

Friesland, and twelve thousand from Groningen, in quality of

Captain-General of these two Provinces. In time of war, the State

grants extraordinary sums to the Captain-General, for the expense of

each campaign.

"The Prince Stadtholder, as the eminent head of the Republic, is

revered, honored, and respected by all the world. The Princes of

Orange, by the great revenues of their patrimonies, both of their

principalities and of their signorial lands in France, Germany, and

Burgundy, and in divers places of the United Provinces, have

frequently been a great support to the State. William the First, the

father of his country, who always preferred the prosperity of the

Republic to his own and that of his house, raised twice, and led an

army, in a great part at his own expense, as we may see by the public

declaration, which the States-General made of it, in the inscription

of the mausoleum, which they raised to the memory of this great man,

in one of the churches of Delft.

"Offers the most tempting for them and for their houses have been made

to the Stadtholders, provided they would depart ever so little from

the engagements which they had taken with their country; but they have

rejected them all with disdain, and would not have other friends nor

other enemies than those of the Republic. As she was in some sort

their daughter, they could not but have a lively affection for her, to

such a degree as to be at all times ready to sacrifice their lives and

all things to her defence. Thus they have been the authors and

conservators of her liberties, in the first place against the Spanish

tyranny, and since against an enemy still more formidable, who opened

to himself in 1672 a passage into the heart of the Republic. The same

thing was near happening in 1748."

I have translated this from the French, because it is not often to be

found, and is the shortest and best account of the Stadtholdership I

can find. It is full of instruction to the United States of America,

and will serve to explain many political phenomena. As all these

powers are in possession of a family connected by blood and by ancient

habits and political alliances to that of Hanover, we may easily see,

that the American cause will meet with powerful obstacles. I am still,

however, of opinion, that it would be good policy to send a Minister

Plenipotentiary here, accredited both to the States-General and to the

Prince Stadtholder, without this even a loan of money will scarcely

succeed. Mr Laurens is taken and carried to England.

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO B. FRANKLIN.

Amsterdam, October 14th, 1780.

Sir,

The extracts of letters you were so good as to send me, have been

inserted in the papers, and I should be obliged to you for future

communications of the same kind. Notwithstanding the flow of spirits,

and the vigorous exertions of our countrymen this year, I am sorry to

say I cannot see a prospect of anything decisive this campaign. The

fatal defect in the plan of the campaign in not sending a sufficient

number of ships with M. de Ternay, or soon after him, will render

abortive all the great exertions and immense expenses of the year.

And, at the same time, Cornwallis will spread too much devastation at

the southward, where the want of numbers of whites, the great numbers

of blacks, and above all the want of discipline and experience, will

make the people long unhappy and unfortunate.

The ill luck of Carolina, pursues her citizens even to sea, and to

Europe, I think. Can nothing be done for the relief of Mr Laurens.

Will you be so good as to apply to Court, and see if they will send us

somebody suitable to exchange for him? After exchanging so many

military men as prisoners of war, it is pitiful to use Mr Laurens as

they do.

The Diplomatic Correspondence of the American Revolution, Vol. 05 · 第 25 / 35 段