subject of the name of contraband, her Majesty, the Empress of Russia,
and his Majesty, the King of Denmark and Norway declare, that they
acknowledge only as effects of contraband, those which are
comprehended in the treaties subsisting between the said Courts, and
one or the other of the belligerent powers.
"Her Majesty, the Empress of Russia, conforms herself entirely to the
tenth and eleventh articles of her treaty of commerce with Great
Britain, and extends also the engagements of this treaty, which are
entirely founded upon natural law, to the Crowns of France and Spain,
which at the date of the present convention, have no treaty of
commerce with her empire. His Majesty, the King of Denmark and Norway
conforms himself, on his part, principally to the second article of
his treaty of commerce with Great Britain, and to the twentysixth and
twentyseventh articles of his treaty of commerce with France, and
extends also the engagements of this latter to Spain, considering
that he has not with this last Crown any treaty, which determines any
conditions upon this subject.
"ART. III. As by this means the contraband is determined and fixed,
conformably to special treaties and conventions subsisting between the
high contracting parties and the belligerent powers, and principally
in the treaty between Russia and Great Britain, of the 20th of June,
1766, as well as by that between Denmark and Great Britain, dated the
11th of July, 1670, and by that concluded between Denmark and France,
the 23d of August, 1742, the will and intention of her Russian
Imperial Majesty, and his Majesty the King of Denmark and Norway are,
that all other commerce shall be, and remain free.
"Already their Majesties, in their declarations presented to the
belligerent powers, have grounded themselves upon the general
principles of the law of nature, from whence are derived the liberty
of commerce and of navigation, the rights of neutral nations, and have
resolved to depend no longer upon the arbitrary interpretations, that
partial advantages and momentary interests may dictate. In this view,
they have agreed upon the following articles.
"1. That it shall be lawful for every vessel to navigate from one port
to another, and upon the coasts of the belligerent powers.
"2. That the effects belonging to the subjects of the belligerent
powers shall be free upon neutral vessels, except merchandises of
contraband.
"3. That to determine what ought to be held a port blocked, that alone
can be considered as such, in which the vessels, which would enter,
shall be exposed to an evident danger, by the force, which with this
view attacks it, and by its vessels, which shall have taken a station
sufficiently near.
"4. That neutral vessels may only be stopped for just causes, and upon
evident proofs; that, without loss of time, right shall be done them,
and the procedures shall be always uniform, prompt, and according to
the laws; and that every time, besides reparation to those who shall
have suffered without cause, there shall be also given a complete
satisfaction for the insult committed against the flags of their
Majesties.
"ART. IV. To the end to protect the general commerce of their
subjects, supported by the fundamental rules above laid down, her
Majesty, the Empress of all the Russias, and his Majesty, the King of
Denmark and Norway, have thought fit, each one in particular, in order
to obtain these ends, to equip a proportional number of vessels of war
and frigates. The squadron of each one of these respective powers
shall be stationed in a certain latitude, and shall be employed in
convoys, according to the exigence of the case, in which the commerce
and the navigation of each nation may be.
"ART. V. If the merchant ships of one of the contracting powers shall
be in a part of the sea where the ships of war of their own nation are
not stationed, and, for this reason, cannot enjoy their protection; in
that case, the commander of the vessels of war of the other power,
being thereto required, shall grant them, with good faith and
sincerity, the necessary assistance; and in this case, the vessels of
war and frigates of one of the two powers, shall protect and support
the merchant vessels of the other; provided, nevertheless, that, under
the shelter of the protection demanded, there be not exercised any
prohibited commerce, contrary to the laws adopted by the neutrality.
"ART. VI. The present convention cannot be retroactive, and, by
consequence, we cannot take part in differences, which have arisen
before its conclusion; at least, if these affairs do not concern the
violences which continue still, and which tend to oppress all the
neutral nations of Europe.
"ART. VII. If, in spite of the vigilant and friendly care of the two
powers, and the exact observation of the neutrality on their part, the
Russian or Danish merchant vessels are insulted, or taken by the
vessels of war, or privateers, of one or the other of the belligerent
powers, in that case, the Minister of the party offended shall make
representations to the Court, whose vessels of war or privateers shall
have been guilty of this act, shall demand the restoration of the
vessel taken, and shall insist upon a suitable reparation, without
ever losing sight of the satisfaction for the insult done to the flag.
The Minister of the other contracting party shall second efficaciously
and seriously these representations, and shall thus continue them
conjointly and unanimously; but if they refuse, or put off from time
to time to do right, touching such grievances, in this case, their
Majesties shall make reprisals against the power which refuses to do
them right, and shall unite themselves forthwith, in the most
efficacious measures for this just reprisal.
"ART. VIII. If one or the other of the contracting powers, or both
together, in virtue of this convention, or any other which may be
made, which may have relation to it, are disturbed, molested, or
attacked, it is agreed that the two powers shall act in concert, to
defend themselves reciprocally, and to procure themselves, by united
efforts, an entire and satisfactory reparation, both for the insult
done to the flag, and for the loss caused to their subjects.
"ART. IX. This Convention is resolved and fixed for all the time that
the present war shall continue, and shall serve as the basis of all
the engagements which may be contracted in the sequel, according to
the circumstances of the times, and upon occasion of new wars at sea,
which may unfortunately trouble the repose of Europe; besides, these
conditions shall be regarded as subsisting, and shall have a legal
validity in the affairs both of commerce and navigation, and in the
determination of the rights of neutral nations.
"ART. X. As the end and the principal motive of this Convention is, to
assure the general liberty of commerce and of navigation, her Majesty,
the Empress of Russia, and his Majesty, the King of Denmark and of
Norway, agree and engage beforehand, to permit that other neutral
powers accede to this convention, and by taking cognizance of these
principles, to partake also of the obligations and advantages of the
said convention.
"ART. XI. To the end that the belligerent powers may not pretend a
cause of ignorance of these said engagements between the said Courts,
the high contracting parties will communicate in a manner the most
friendly to all the belligerent powers these maxims, in which they
have united, which measures are so much the less hostile, as they are
not hurtful to any other power; but have solely for their object the
safety of the commerce and of the navigation of their respective
subjects.
"ART. XII. The present Convention shall be ratified by the two
contracting parties, and the ratifications shall be exchanged in good
form in the term of six weeks, to be computed from the signatures, or
even sooner; if it may be. In faith of which we have, in virtue of our
full powers, signed the present, and, sealed it with our seals. Done
at Copenhagen, the nineteenth of July, 1780.
CHARLES VAN OSTEN, named SAKEN,
O. THOTT,
I. SCHACK REVENTLAW,
A. P. COMTE DE BERNSTORFF,
H. EICHSTEDT."
The ratifications of this Convention were exchanged at Copenhagen the
16th of September, 1780, by the same Ministers Plenipotentiary who
signed it, and as to this end, the Ministers Plenipotentiary named to
this purpose, viz. on the part of her Imperial Majesty, the Count
Nikia Panin, actually Privy Counsellor, Senator, Chamberlain in
Exercise, and Knight of the Orders of St Andrew, St Alexander Newsky,
and St Anne, and the Count John Osterman, Vice Chancellor, Privy
Counsellor, and Knight of the Orders of St Alexander Newsky and St
Anne; and on the part of his Majesty the King of Sweden, the Baron
Frederick Van Nalken, Envoy Extraordinary of his Swedish Majesty at
the Court of her Imperial Majesty, Chamberlain, Commandant of the
Order of the Polar Star, Knight of the Orders of the Sword and of St
John, have signed, the 21st of July, 1780, at St Petersburg, a similar
Convention, conceived in the same form, and word for word, of the same
tenor with that signed at Copenhagen, except the second article, in
which the stipulations of contraband being resolved and ratified, to
which they are to adhere, in consequence of treaties subsisting
between the Crown of Sweden and the other powers, we have to this
purpose, to avoid the repetition of what has been already said, added
here, literally, the said second article.
We ought further to recollect, that the two Kings, who have joined in
this affair to her Imperial Majesty, have acceded as principal
contracting parties to the treaties concluded between her Imperial
Majesty and the said Courts, and have signed with their own hands upon
this subject on one part and the other, an act, which has been
exchanged at St Petersburg by the Ministry of her Imperial Russian
Majesty.
Here follows the second article of the treaty concluded and signed at
Petersburg, the 21st of July, 1780, between her Imperial Majesty and
his Majesty the King of Sweden.
"ART II. To avoid all error and misunderstanding on the subject of the
name of contraband, her Imperial Majesty of Russia and his Majesty the
King of Sweden declare, that they acknowledge only as effects of
contraband those which are contained in the treaties subsisting
between the said courts and one or other of the belligerent powers."
Her Majesty the Empress of Russia conforms herself in this entirely to
the tenth and eleventh articles of her Treaty of Commerce with Great
Britain, and extends also the engagements of this treaty, which are
entirely founded upon the law of nature, to the Crowns of France and
Spain, which at the date of the present Convention have no Treaty of
Commerce with her empire. His Majesty the King of Sweden refers
himself principally on his part to the eleventh article of his Treaty
of Commerce with Great Britain, and to the tenor of the preliminary
Treaty of Commerce concluded in the year 1741, between the Crowns of
Sweden and France, although, in this last, the contents of contraband
are not expressly determined, but as the two Powers have therein
understood to consider one another as _Gens amicissima_, and that as
Sweden has therein reserved the same advantages, which the Hanseatic
cities enjoy in France, from the most remote times to the present. The
advantages, which are comprehended in the Treaty of Utrecht, being
confirmed, the King has not found anything necessary to be added. With
regard to Spain, the King finds himself in the same case as the
Empress, and after her example he extends to this Crown the
engagements of the said treaties, wholly founded on natural law.
Their High Mightinesses, the States-General of the United Provinces of
the Low Countries, have acceded the 20th of November, 1780, upon the
same footing to the said Convention, and it has been signed the 5th of
January, 1781, at St Petersburg, only with the addition of a
thirteenth article, which with relation to command, in case of
rencounter or combination of the squadrons and the vessels of war of
the two parties, there shall be observed what has been the usage
between crowned heads and the Republic.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO B. FRANKLIN.
Amsterdam, February 15th, 1781.
Sir,
This morning the house of Botereau & Co. of this city, presented to me
sixtysix bills of exchange, drawn by Congress on the 26th day of
October last, in favor of Nathaniel Tracy, of Newburyport, amounting
to the sum of ten thousand pounds sterling, payable at ninety days
sight. I was obliged to ask the favor of the house to wait until I
could write to your Excellency, to see if you can furnish the funds to
discharge the bills. Without your warranty they must be protested, for
I have not yet obtained a single ducat, nor any certain assurances of
one.
I have at length fixed my plan, and when it shall be made certain that
the war with England is to continue, the prospectus will be published
and the experiment tried. Some persons think I shall get some money;
but there is no certainly of it. If this people should make peace with
England, which they will if they can, we shall get no money at all. I
think, however, that a peace is impossible, and therefore am not
without hopes of borrowing some money. I must request the honor of
your Excellency's answer by the return of post, because at that time
M. Botereau will expect an answer from me.
With great respect, I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO B. FRANKLIN.
Amsterdam, February 20th, 1781.
Sir,
Yesterday I had the honor of yours of the 12th, and will take an early
opportunity to send you all the lights I can obtain, by inferences
from the numbers of the bills. Those already presented, I shall
accept, according to your advice.
The Duc de la Vauguyon is returned. I had the honor to make my
compliments to him on Saturday at the Hague, where I attended Dr
McLane's Church on Sunday, and the Prince's review upon the parade
afterwards, and where I propose in future to spend more of my time.
You need not be anxious about the result of my demand of an answer. It
was a measure, to which I was advised by the Duc de la Vauguyon, and
by the Count de Vergennes, and by several worthy gentlemen in the
government here. It was intended to bring necessarily into
deliberation a connexion with France and America, on one side, at the
same time when they considered the mediation of Russia, on the other,
in order to prevent their accepting the mediation without limitations.
The great city has lately faultered very much in point of firmness. I
cannot but wish, that the proposition for an accession to the alliance
between France and America, could have been made last week, the
critical moment when it would have infallibly, I think, prevented the
acceptation. But France did not think it politic to do anything
against the views of Russia. But nothing but delay will come of this
mediation. The United States, however, stand here in a more
respectable light than in Spain. Here they are openly and candidly
demanding an answer. If they receive one in the negative, it will be
no more than the Republic has a right to give, and we shall lose
nothing, but remain exactly where we were. If they give no answer for
a year to come, the dignity of the United States is safe; that of the
United Provinces will be hurt by the delay, if any. In Spain, the
United States have been waiting in the person of one of their
presidents, now going on three years, and have no answer. Now, I say,
it is better to be open. Here the constitution demanded publicity. In
Spain it forbid it. But the dignity of the United States is injured
more than it would have been, if the demand to that Court could have
been made public. For my own part, I own, as a private citizen, or as
a public man, I would not advise the United States to wait for ever,
either in Spain or Holland. If it does not suit their affairs to make
a bargain with us, let them tell us so candidly, and let us all go
home, that at least we may not be under the necessity of calling upon
your Excellency for water to drink, which had much better quench the
thirst of our army.
I should be very much obliged to you for a copy of the replication of
the two Imperial Courts, and of the new proposition of the Court of
London, of which I have only had a confused intimation.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE DUC DE LA VAUGUYON.
Amsterdam, March 1st, 1781.
Sir,
As Friesland has taken the Provincial Resolution to acknowledge the
independence of America, it seems to be high time for me to prepare
for the execution of my instructions from Congress of the 16th of
August, which I had the honor to communicate to you on the 25th of
November, and which had been previously communicated to the Minister
of Foreign Affairs at Versailles.
From these instructions it appears, that His Most Christian Majesty
had made, by his Minister, to Congress, a tender of his endeavors to
accomplish a coalition between the United Provinces of the Netherlands
and the United States, and that this tender was accepted by Congress
as a fresh proof of his Majesty's solicitude for their interests.
By another Resolution, I am instructed to propose a Treaty of
Alliance, between His Most Christian Majesty, the United Provinces of
the Netherlands, and the United States of America, having for its
object and limited in its duration to the present war with Great
Britain, and conformed to the treaties subsisting between His Most
Christian Majesty and the United States.
The system of operations was thus settled at Philadelphia between the
King, by his Minister, and the Congress, and for obvious and wise
reasons, the Minister of Congress at the Hague was to make the
proposition to their High Mightinesses, and the Ambassador of his
Majesty was to countenance and support it either publicly or
privately, as he should judge proper, until the States-General should
listen to it, so far as to enter into the negotiation.
In pursuance of these propositions, it seems to be necessary for me to
go to the President of their High Mightinesses, and without offering
him anything in writing, to make him the proposition, in the words of
the enclosed project, or others equivalent.
Friesland has taken so decided a part, and the other Provinces,
especially Holland, are animated with such a spirit, that I cannot but
flatter myself such a proposition would now run with rapidity through
the seven Provinces, and contribute very much to accelerate the period
of this bloody and ruinous war.
I have the honor to request your Excellency's sentiments upon the
subject, and to be, with the most sincere and inviolable attachment,
your Excellency's most obedient and most humble servant,
JOHN ADAMS.
* * * * *
A MEMORIAL TO THE STATES-GENERAL.
To their High Mightinesses, the States-General of the United Provinces
of the Low Countries.
High and Mighty Lords,
The subscriber, a Minister Plenipotentiary from the United States of
America, has the honor to lay before your High Mightinesses, as one of
the high contracting parties to the Marine Treaty, lately concluded,
relative to the rights of neutral vessels, a resolution of Congress of
the 5th of October last, concerning the same subject.
As the American revolution furnished the occasion of a reformation in
the maritime law of nations, of so much importance to a free
communication among mankind by sea, the subscriber hopes it may not be
thought improper that the United States should become parties to it,
entitled to its benefits and subjected to its duties. To this end, the
subscriber has the honor of requesting that the resolution of Congress
may be taken into the consideration of your High Mightinesses, and
transmitted to the Courts of Russia, Sweden, and Denmark.
The subscriber begs leave to subjoin, that he should esteem it one of
the most fortunate events of his life, if this proposition should meet
with the approbation of your High Mightinesses, and the other powers
who are parties to the neutral confederacy, and he be admitted, as the
instrument of pledging the faith of the United States to the
observance of regulations, which do so much honor to the present age.
The Hague, March 8th, 1781.
JOHN ADAMS.
* * * * *
TO THE PRINCE DE GALLITZIN, MINISTER OF THE EMPRESS OF RUSSIA.
Leyden, March 8th, 1781.
Sir,
I have lately received from Congress, as one of their Ministers
Plenipotentiary, their resolution of the 5th of October last, relative
to the rights of neutral vessels, a copy of which I do myself the
honor to enclose to your Excellency, as the Representative of one of
the high contracting parties to the Marine Treaty, lately concluded
concerning this subject. As I am fixed by my duty for the present to
this part of Europe, I have no other way of communicating this measure
of Congress to the Northern Courts, but by the favor of their
Ministers in this Republic. I must, therefore, request of your
Excellency, if there is no impropriety in it, to transmit the
resolution to the Minister of Foreign Affairs of her Imperial Majesty.
Your Excellency will permit me to add, that I should esteem myself
very fortunate to be the instrument of pledging, in form, the faith of
the United States of America to a reformation in the maritime law of
nations, which does so much honor to the present age.
I have the honor to be, &c.
JOHN ADAMS.
Transcripts of the above letter were sent on the same day to the Baron
de Sapherin, Envoy of the King of Denmark at the Hague; and to the
Baron d'Ehrenswerd, Envoy of the King of Sweden at the same place.
* * * * *
TO M. VAN BERCKEL, FIRST COUNSELLOR PENSIONARY OF THE CITY OF
AMSTERDAM.
Leyden, March 8th, 1781.
Sir,
I have the honor to enclose a Resolution of Congress of the fifth of
October last, and to inform you, that I have this day communicated it
to their High Mightinesses, the States-General, and to the Ministers
of Russia, Sweden, and Denmark, at the Hague.
With the greatest respect I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE DUC DE LA VAUGUYON, AMBASSADOR OF FRANCE AT THE HAGUE.
Leyden, March 8th, 1781.
Sir,
I have the honor to enclose a copy of a Resolution of Congress of the
5th of October last, and to inform your Excellency, that I have this
day communicated it to their High Mightinesses, the States-General of
the United Provinces, and to the Ministers of the Courts of Russia,
Sweden, and Denmark, at the Hague.
Your Excellency will permit me to hope for your concurrence in support
of this measure, as there may be occasion, and to assure you of the
great respect and consideration with which I have the honor to be, &c.
JOHN ADAMS.
* * * * *
FROM THE DUC DE LA VAUGUYON TO JOHN ADAMS.
Translation.
Hague, March 14th, 1781.
Sir,
I have received the letter, which you did me the honor to write to me,
as also the copy of the resolution of Congress of the United States of
North America, thereto annexed. You announce to me, that you have made
an official communication thereof to the President of the Assembly of
the States-General, as also to the Envoys of the Courts of Petersburg,
Stockholm, and Copenhagen, and you request me to support this step
with my good offices. I am persuaded, Sir, that you clearly perceive
the impossibility of my seconding this measure, without the express
order of the King, whatever may be my personal zeal for the true
interests of North America.
Receive, Sir, the very sincere assurance of the sentiments of the most
distinguished respect with which I have the honor to be, &c.
THE DUC DE LA VAUGUYON.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Leyden, March 18th, 1781.
Sir,
At length, notwithstanding the mediation of the Empress of Russia, the
States-General have published the following Manifesto. It is entitled,
the Counter Manifesto of the States-General of the United Provinces of
the Low Countries.
COUNTER MANIFESTO.
"If ever the annals of the world have furnished an example of a free
and independent State, hostilely attacked in the manner the most
unjust, and without the least appearance of justice or equity, by a
neighboring power, long in alliance, and strictly connected by ties
founded upon common interests, it is, without contradiction, the
Republic of the United Provinces of the Low Countries, which finds
itself in this case, in relation to his Majesty, the King of Great
Britain, and his Ministry.