Paris, April 4th, 1780.

Sir,

There is an anecdote from Malaga, which ought to be mentioned to

Congress, because, it cannot fail to have serious consequences.

The Swedish frigate, the Illerim, of thirtyfour guns, commanded by

Captain Ankerloo, on the 28th of February, at half after eight o'clock

at night met an English privateer belonging to Minorca, of twentyeight

guns. The Swedish Captain, after hailing the privateer, let her

continue her course, and went on quietly his own; about half an hour

after the privateer returning, ranged herself astern of the frigate,

and unexpectedly discharged both his broadsides, loaded with langrage,

which killed three sailors, broke the thigh and the right leg of the

Captain, wounded the Lieutenant and some people of the crew. Ankerloo,

who in the evening had been obliged by a violent gale of wind to draw

in his guns and shut up his ports, not finding himself prepared for

battle, his officers took immediate measures, with the utmost

alertness, for repulsing the privateer, which did in fact at last

receive one broadside from the frigate; but, upon the whole, she

escaped in the night, by the force of sails and of oars. After this

perfidy on the part of the English, Ankerloo would have entered

Marseilles for the sake of dressing his wounds, but having met with

contrary winds and bad weather for three days, he put into Malaga,

where he went ashore to the house of the Swedish consul, where he is

since dead of his wounds.

I have the honor to be, with the greatest respect, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 6th, 1780.

Sir,

It may be necessary to transmit the decree of Sir James Mariott,

against the Dutch ship la Sybellina Hillegonda, in order fully to

comprehend the proceedings, which I have sent before. The decree is

this.

"The fact in this case is, a Dutch ship loaded with naval stores, for

a port in France, under the convoy of not less than five men-of-war,

and the commander of these men-of-war, not measuring his conduct by

the line of the treaty, resists, fires upon the boat of the English

Commodore, and forbids the execution of the treaty. The English

Commodore returns the fire. The Dutch Admiral fires again, and

strikes; so that the fact is to be adjusted, and it is of such a

nature as has never before happened in the history of this nation. It

falls unfortunately to my share, to decide upon these facts and their

consequences.

"It is, nevertheless, a consolation, that although the judge of this

court may decide, in the first instance, there is still a superior

tribunal, in the last resort. This court ought to judge of the case of

the treaty, since, in virtue of a special commission, under the great

seal of the kingdom, the judges of the courts of admiralty are

authorised and required to take cognizance of, and proceed judicially

in all manner of captures, seizures, prizes, and reprisals, and decide

upon them according to the course of the admiralty and the law of

nations.

"The claimant disdains to found his right in any other way than upon

the treaty. My idea is, that all the marine treaties, which subsist

between two friendly powers, form but one code of laws, one great

confederation, one indivisible union. They are, if it is lawful to

make use of these sacred words, the Bible, the Book, or the Testament

of the social contract between the nations, to be maintained

inviolably, as a system, whereof we cannot break one part without

dissolving the whole.

"The Dutch subjects have, in virtue of the treaty, particular

privileges, superior to those of every other country, but they may

overleap the bounds of these privileges, and from that time they ought

to be weighed in the balance, like other neutral nations. To be found

under a convoy is not, in itself, an infraction of the treaty, but the

conduct of this convoy is to be considered.

"The fifth article of the treaty of 1674 is reciprocal. 'If any ship,

belonging to the subjects of his Majesty of Great Britain, shall in

open sea, or elsewhere, out of the dominions of the said States, meet

any ships of war of the Lords the States, or privateers belonging to

their subjects, the said ships of the Lords the States, or of their

subjects, shall keep at a convenient distance, and only send out their

boat, with two or three men only, to go on board such ships or vessels

of the subjects of his Majesty, in order that the passport, or

sea-brief, concerning the property thereof, according to the form

hereunder annexed, may be produced to them, by the captain or master

of such ship or vessel, belonging to the subjects of his Majesty; and

the said ships, so producing the same, shall freely pass; and it shall

not be lawful to molest, search, detain, or force such ship from her

intended voyage. And the subjects of the Lords the States shall enjoy

in all things, the same liberty and immunity, they in like manner

showing their passport, or sea-brief, made out according to the form

prescribed at the foot of this treaty.'

"The sixth article is, 'If any ship or vessel, belonging to the

English or other subjects of Great Britain, shall be met making into

any port belonging to an enemy of the Lords the States, or, on the

other side, if any ship belonging to the United Provinces of the

Netherlands, or other subjects of the Lords the States, shall be met

in her way, making into any port under the obedience of the enemies of

his said Majesty, such ships shall show, not only a passport, or

sea-brief, according to the form hereunder subscribed, wherewith she

is to be furnished, but also her certificate or cocket, containing the

particulars of the goods on board, in the usual form, by the officers

of the customs of that port, from whence she came; whereby it may be

known whether she is laden with any of the goods prohibited by the

third article of this treaty.'

"Such are the terms of this treaty, which this court will not declare

to be now in force; but one of the parties may renounce it; and it

would be from that time, so far forth, a good cause of annulling it.

It could not ever have been the intention of the contracting parties,

that the merchant ships of the subjects of the States should become

the transport vessels for the service of the King of France, nor that

the men-of-war of the States should serve as a convoy to them. It is

impossible to form an idea more unworthy of the sovereignty of the

States. The idea of granting a convoy to all Dutch ships destined for

the port of an enemy is offensive, and still more aggravating, when

accompanied with resistance, or orders to resist, when they go so far

as to reject _ipso facto_ all the ordinary ways of public justice, and

to set at nought the articles, which had been established to prevent

the consequences of the intervention of neuters, as parties in a war,

by public acts; articles which stipulate a legal procedure for

discussing all the points in controversy, before the courts of

admiralty reciprocally; and in case the parties should not be

satisfied, they ought to be finally heard by their respective

sovereigns in council. Such is the tenor of the twelfth article of the

treaty of 1674.

"In the present state of the cause, this court will not say,

nevertheless, that the States have annulled the treaty; because the

orders of Admiral Byland have not appeared, and his conduct may be

disavowed by the States; but even the granting of a convoy, and above

all of a squadron, is essentially offensive, since the Dutch subjects

are already sufficiently armed by the treaty, and by the methods of

redress prescribed, which are the same with all maritime nations. The

party complaining follows the ship and the papers, which she has on

board, into the jurisdiction of the place and country where he is

carried, as the subject, who in the nature of things and proceedings,

can only of necessity be judged there, where the original proofs

exist; the judges specially constituted, for the decision of prizes,

both in the first instance and in the last resort, are, by common

consent, charged to hear and determine all national differences

between powers who are friends and allies, like the Council of

Amphyctions in ancient Greece. But seamen do not well comprehend this

language. They speak roughly, like the mouths of their cannons. If

this vessel had fired upon the boat, and any one had thereby lost his

life, I think I should not have hesitated to condemn her upon general

principles. Neither Admiral Byland, nor his instructions, are before

me. I know not how to give a sentence against him or his vessels;

nevertheless, he ought not to have fired upon the boat of Commodore

Fielding; but he was bound to send to him his boat, and to propose an

interview and an amicable conference. He might have made him a visit,

which he immediately would have returned; and all the captains of the

Dutch merchant ships might have been ordered on board the English

Commodore, to produce their passports and cockets. The effect of his

resistance is thus the cause, that, although I do not declare the

treaty null generally, nevertheless, in retaliation to these vessels

taken in time of resistance, I ought to declare the ship forfeited of

its privilege, and foreclosed of the treaty, by the act of M. Byland.

There was certainly never any vessel under convoy without

instructions, at least in her course, and without signals. If the

claimants had not withheld them, it would have appeared, whether the

Dutch Admiral ought, or ought not to have escorted these ships even

into the ports of France, which would have aggravated the offence

against the treaty. A convoy of a single ship, destined for the

States, destined for the Colonies of the States, or loaded generally

with innocent commodities, is, in itself, inoffensive; because, in

these times, there are in all the seas little pirates, furnished with

all sorts of commissions, American, French, Spanish, and English; but

a squadron of a line of battle ships, and which appears force [?] even

to the treaty, which they claim the benefit of, is a serious affair.

To engage in hostilities is not the way of protecting commerce; and

those who have solicited the States to grant such a convoy, were

rather factious Americans, or intriguing French politicians, than

solid, sensible Dutchmen, true and real friends of their country.

There is certainly among them a number of worthy people, who can never

desire to become, in fact, a Province, under the obedience of the King

of France, or his resident Minister.

"The case of the Swedish convoy is not applicable to this case. That

convoy had not made any resistance. The ships entered the Downs by the

bad weather, and were there taken without their convoy, which came to

anchor near them. This was represented, and the course of justice was

followed. The ship's papers were produced directly in this court, the

requisites were done, and the causes finally discussed according to

the style of the admiralty, _velo levato_; no time was lost, either in

contesting the justice or demanding right; and the captains of the

ships returned contented with their vessels after they had been paid

the freight, as well as the expense; and the naval stores, which they

had on board, were purchased by the government, by virtue of powers

granted to the Council of the Royal Marine, by act of Parliament, in

conformity to acts of Parliament in former wars.

"The question, whether the hemp and flax are contraband, is clear.

Both of them have been adjudged such on all former occasions, when the

quantity has been considerable, and particularly, when they are not of

the produce of the country of the party which carries them. The flax

is as necessary for sails, as the hemp for cordage; and if this court

has once ordered that flax should be sold to the Commissioners of the

navy, it was because it was of little value, and in very small

quantity. I am sorry to learn, that the Navy Board makes any

difficulty upon this subject. The iron on board was only for ballast."

I cannot go through with the whole of this decree for want of time;

but the following curious and convenient doctrine ought not to be

omitted.

"That, which in the natural or intellectual world is called quality,

is not relative. Good and evil are relative. Everything is what it is,

and acquires its denomination from comparison, degree, manner,

quality, place, time, person, fault, &c. &c. These relations

constitute the metaphysical essence of every complex idea in the human

understanding. Hence that source, without end, of disputes, the glory

of the bar, and of the schools of philosophy.

"Grotius and Bynkershoeck agree, and who is there that will deny, that

necessity gives a right to make ourselves masters of everything,

without the seizure of which a nation cannot defend herself? As in

relation to want, if the enemy, on one part, is in want of stores, the

want to intercept them on the other is equal. And in relation to

blockades, every port of the enemy is blocked relative to a neutral

vessel loaded with stores, which is seized, and, by consequence,

blocked, or hindered to go there. It imports little, that whether the

blockade be made across the narrows at Dover, or off the harbor at

Brest, or L'Orient. If you are taken, you are blocked. Great Britain,

by her insular situation, blocks naturally all the ports of Spain and

France. She has a right to avail herself of this situation, as a gift

of Providence.

"In fine, it is necessary to observe, that the claimants, founding

themselves upon the privilege of the treaty, have not a single paper

on board to prove the property of the cargo, in which respect all are

defective. The sentence then, is, that, under the circumstances of

this case, the claim of privilege is rejected, and that the Dutch

master be enjoined to produce his sailing orders, and certificates and

cockets from the Custom House of the port from whence the ship sailed,

according to the stipulations of the sixth article of the treaty of

1674. The hemp and flax are condemned as contraband on board of this

ship, and the owners of the iron are held to prove their property."

I have the honor to be, with the greatest respect, Sir, your most

obedient and most humble servant,

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Paris, April 7th, 1780.

Sir,

There are several articles of intelligence today, which are connected

with the subject of my letter of yesterday. One is from the Hague, the

2d of April. "Thursday night last two couriers from Petersburgh

arrived here, alighted at the hotel of the Prince Gallitzen, the Envoy

Extraordinary of her Majesty the Empress of all the Russias to the

States-General. One of the couriers set off immediately for London, to

the Russian Minister who resides there. The Prince Gallitzen having

been in conference the next day with the President of the Assembly of

their High Mightinesses, relative to the said despatches, this

Minister sent back, the next night after his arrival, the same

courier. From that time the report runs, that the object of these

despatches was to communicate to the Republic the measures taken by

Russia, with some of the northern powers, for ensuring respectively

the safety of the navigation and commerce of their subjects, and to

invite the States-General to enter into the same arrangements."

The other is from Constantinople, the 14th of February. "The

privateers continue to vex the neutral ships in the seas of the Grand

Seignior, by visiting and stopping them wherever they find them, and

even without any discretion, at the entry of the ports and under the

guns of our fortresses. The French frigate, the Gracieuse, which lay

at anchor in the road of Cyprus, having learned that an English

privateer had brought into the port of this island a French prize,

sent to her some boats armed to retake her, which they could not

accomplish, however, without having some men killed on both sides. The

English consul having carried his complaints to the government of the

Island, of a violation of the laws of nations and demanded assistance,

he was so well succored, that the French were obliged to abandon the

prize, and all of their nation who were in the island came very near

being massacred by the Turks. As the Porte has also been informed,

that on the other hand the ship Smyrna, of Rotterdam, has run a risk

of undergoing the same fate with the ship of Captain Kinder, of

Amsterdam, and perhaps to suffer treatment still harder, and in sight

of the city of Smyrna; she has not only resolved to send new orders to

all the commandants, to enjoin them very seriously to observe a

neutrality the most exact, by fulfilling their duty, but she has also

testified her sensibility in regard to all these depredations to the

Ambassadors of the Courts of France and England, by sending to them

last Saturday a representation in writing, purporting, that as the

Porte had not failed to observe, during the war between France and

England, an exact and perfect neutrality to facilitate their commerce

upon an equal footing, and to afford to their ships all possible

safety in her seas, it was natural that she should, and ought to

expect, that the two powers would answer her conduct with a sincere

friendship. That at the news of the first differences arisen between

the two kingdoms, there were conferences held with their Ambassadors,

in which it was agreed upon an equal footing; that the rules of the

sea should not be violated, and that they should be, on the contrary,

exactly observed and respected. That in consequence of this agreement,

the Porte had not neglected anything to fulfil of fortresses and

castles in the empire, to protect the ships of war and merchant-men

against every attack, and not to suffer that any hostilities should be

commenced in the ports of the Grand Seignior, and under the cannon and

in sight of his fortresses.

"But in spite of all these measures, these powers had not taken care

to observe them, which was the cause that no nation could now navigate

freely and safely; that even to this time, the Porte had not received

the least answer on the subject of a regulation of neutrality, which

had been formed upon the footing of that which had been established

during former wars between Christian powers, and of which

communication had been made to the said Ambassadors, with a view to

put a stop to the intolerable irregularities which had taken place in

his seas, and to the end to prevent in consequence continual

complaints and representations. That the Porte was informed foreign

privateers held his ports blocked up, and forced the ships which

entered into them or went out, without even excepting the Turkish

vessels, to submit to their unjust visits and searches.

"That such a conduct, being contrary to the honor of the empire, the

Porte ought to determine, as soon as possible, and communicate to the

belligerent powers a good regulation, to the end, to procure by that

means repose, to his subjects, whom Providence had confided to his

care, and to this end it was necessary, that the Ambassadors of these

two powers should be advertised to request their Courts, in the first

place, to send, as soon as possible, to the captains and officers of

ships armed for war, or privateers, precise orders, and as some time

must pass before they can receive such orders, the Porte hopes that

the gentlemen, the Ambassadors, will be so good in the meantime, as to

order the captains and officers to suspend their operations, and

abstain from all acts of hostility.

"And as, in consequence of the ancient regulations, every time that

any vessels of war or armed ships come into the seas of the Grand

Seignior, the foreign Ministers were held to give notice to the Porte

of the object of their expedition or voyage, of their destination, and

of the time they were to stay, it could not but be regarded as

unreasonable, and entirely contrary to the reciprocal friendship, if

these formalities should not be observed, the Porte, considering it as

one of its principal duties, to employ all possible means to procure

the tranquillity of its merchants, to protect their possessions

against all force and injustice, as also to grant its protection to

the subjects of the belligerent powers, and those of other powers who

are equally good friends of this empire."

The Porte finishes, by giving notice to the Ambassadors, that the

Capitan Pacha was ordered to oppose himself in a friendly manner to

the enterprises of those, who should pursue the ancient proceedings,

and to protect the merchants and the ships of all nations, who carry

on commerce in the countries of this empire, whose sovereigns live in

friendship with the Porte.

A third is a letter from Petersburg, 7th of March. "The rencounter

which the Dutch convoy, on going out of the Texel the later end of

December, under the command of Admiral Byland, had with the English

squadron under Commodore Fielding, as well as the violent and hostile

manner in which they made prize of this convoy, have occasioned here

the greatest astonishment, and it is very much desired to know the

consequences of this measure, which is generally considered as very

offensive to the Republic of the United Provinces, and derogatory both

to the treaties subsisting between the two nations, to the law of

nations, and to the respect which ought to take place between two free

and independent powers."

But that which is thought more extraordinary still, is, that the Court

of London should have ordered a step so violent and insulting at a

time when, having to maintain a war so dangerous as that against

France, Spain, and the United States of America, her situation must

appear not less anxious than dangerous, which this Court itself seems

to acknowledge, by representing as she has done, that not finding

herself in a condition to oppose the dangerous designs of the House of

Bourbon, which, if you believe her, threaten the safety of all Europe,

she believed herself consequently to have cause to demand succors

here, as well as from the Republic of the United Provinces. However

this may be, it is nevertheless notorious, that the solicitations of

England have produced no effect here, which has given no small

satisfaction to those, who consider in their proper point of light the

designs and the conduct of this power, since the commencement of this

war against the liberty of commerce and the navigation of free and

independent powers, by means of which people in general seem so much

the more pleased with the present resolution taken by her Majesty the

Empress of all the Russias, relative to the said solicitation, as well

as with the system of neutrality, which she has adopted, because

without this wise measure there is no doubt but Great Britain would

have pushed much further the irregularity of her proceedings.

The Diplomatic Correspondence of the American Revolution, Vol. 04 · 第 32 / 34 段