Mr Adams's Reply to the "Remarques en nadere Propositie."
[ca. 27 August 1782]
(1) Is a just Amendment, and it is readily agreed to Substitute the Words “Der vereenigde
Nederlanden” in the Place of the Words “Van de Zeven vereenigde Provincien.” and in
English “of the United Netherlands” instead of “of the Seven United Provinces of the
(2). The only legal Style and Title is “The United States of America,” as appears
by the Declaration of Independance, the Articles of Confederation and in general by
the Proceedings of Congress. The Word “North” is Superfluous, and it was by Inaccuracy
only, that it was inserted in the Treaty with France. inserting the Word “North,”
Seems to imply that there are United States in South America, which there are not.
(3) Under the royal Government, and, indeed under the temporary Form of Government
instituted Since the Revolution, the Word “Bay” was annexed to that of “Massachusetts.”
But by the new and permanent Form of Government, instituted by that People, they have
dropped the Word “Bay” and preserved only that of “Massachusetts.”
(4) Under the royal Government, and, perhaps for some short time Since the Revolution,
this State was called by the Name of “The Three Counties of New Castle, Kent, and
Sussex, on Delaware.” But under the new and permanent Government instituted by that
People they have preserved only the Name of “Delaware.”
(1) Agreed. a judicious and necessary Amendment.
(2) The Word “North” is no Part of the legal Title of the “United States of America.”
(3) A proper Correction, no doubt of the Translation into the Dutch Language.
(4) The Dutch Word “Burgeren” does not, perhaps, express precisely the Idea of the
Word “Citizen” which Americans are fond of. But as the Intention is the Same, the
Words “onderdaanen en Ingezeetenen” “Subjects and Inhabitants” are readily agreed
(5) A grammatical Correction, as it is Supposed, of the Translation.
(8) Agreed to add the Word “Verder” “Farther.”
(9) Agreed to the Word “Fundeeren” or “Gronden” as their High Mightinesses Shall judge
(10) A grammatical Correction.
(12) Agreed. As their High Mightinesses, judge most proper.
(13) The Word “Noort,” is superfluous and improper.
(14) Agreed, as their High Mightinesses, judge most proper.
(3) The Word “Noord” is a Redundance, and inadmissable.
The Article proposed to be added, from the Treaty with Portugal 12. June 1641. &c
cannot be admitted. All of it that is admissible, is already very clearly expressed,
in the Second and third Articles of the Treaty as proposed, which are as much as is
in the Treaty with France.
Art. 2. 3.
(2) aldaar. Agreed
(4) The Same Thing.
(5) Ingezeetenen. Agreed
(8) Aldaar. Agreed.
(10) meest gefavoriseerde
(11.) The Necessity of this Addition is not perceived: but as it cannot do any Injury,
it is agreed to, if insisted on, excepting the Word “Noord.”
(1.) En Ingezeetenen. Agreed.
The Clause, proposed to be added at the End of this Article is unnecessary because
Such Provision is already made by Law in each of the States. But if it is never the
less thought proper to insert it, another Analogous to it should be inserted, in favour
of Americans in the Dominions of their High Mightinesses. In this Case however the
Word “Colonies” cannot be admitted. The Word “Staaten” Should be used instead of it.
(1) Agreed to all this Amendment, except the Word “Noord”
(2). Wederzydsche. Agreed.
Art. 6. may be omitted—the Article 5. being conceived and agreed to reciprocally.
Agreed to Substitute the Article as quoted from a Treaty with Naples, in Place of
Art. 6. in the Project.
Agreed to omit the Words underscored
Agreed. 1. to the Word “publicq.”
2. Agreed to the Words “En Arresten.”
3. Agreed to the Word “Zullen.”
The other Clause in this Article italicised, to be omitted, Seems to be of great Importance
to the Americans, because that Dutch Subjects in America, will enjoy this Priviledge,
probably, without the Article but American Subjects in Holland will not.
(2.) There are very forcible Objections to this addition. There is no doubt but American
Vessells, their Officers and Crews, will be Subject to the Orders, for the Loading
and Unloading, Storage, and Transportation of Effects and Merchandizes, from Vessells,
to the Shore and from the Shore, on board Vessells, and from one Place to another,
established by Law, for preventing Frauds &c: And the Government of this Country will
have always the Power as well as the Right to inforce Obedience to these Laws and
Orders. But it seems to be improper, that the public Faith of the Sovereign Should
be pledged for the good and prudent Conduct, of its Subjects, at Such a Distance and
when out of its reach, So as to subject it to the Reproach of Violation of Treaties
in Consequence of Such Indiscretions, or Disobedience.
(3.) These Words of this Addition are liable to the Same Objection. to witt “But loading
or Unloading at their Pleasure, they Shall be Subject to pay the Duties to which Cargoes,
begun to be loaded or unloaded, are Subject.”
(2) Generaal der Vereenigde Nederlanden. Agreed.
(3.) of aan Onderdaanen. Agreed.
(6) Agreed to Substitute the Art. 26 of the Treaty with France of 11 April 1713 in
Place of the Paragraph italicised.
(1) Generaal der vereenigde Nederlanden. Agreed.
(2) Noord. improper and inadmissable.
(3) Officieren. Agreed.
(5) Agreed. Agreed also to admit the Article projected and numbered 14 beginning with
the Words “Tot meerder verklaaring” and ending with the Words “en nulliteit der voorschreeve
(2) This is a matter of great Consideration and perhaps mutual Utility, but as Mr
Adams has no particular Instructions" concerning it, and as it is not usually made
a Part of a Treaty of Commerce he would choose to make it the Subject of a Seperate
Convention, So that Congress might be at Liberty to ratify the Treaty of Commerce
alone, or that and the Convention both as it Should judge proper.
(1) Zee. Agreed.
(2) Agreed. excepting the Words “Zonderform van Proces.”
Article 17. No Objection or Remark.
(1) Agreed, to adopt the Substitute, excepting the Word “North” in the Title of the
1. Generaal der vereenigde Nederlanden. Agreed.
As to the Placaart of 3 Nov. 1756. It is, no doubt a wise Law: but it seems to be
improper and dangerous, for the Sovreign, to Stipulate by Treaty that his Subjects
Shall observe the Laws of another when they are in the Dominions of that other. That
other has in such Case the Power to inforce his own Laws. It will be very proper however
to transmit this Placaart to Con•gress, for them to publish it, for the Information
and Government, of all Americans who may come here, and they must and ought to obey
it at their Peril.5
2. Noord. improper and inadmissable.
3. En Ingezeetenen. Agreed.
4. Noord. improper and inadmissable.
5. Ingezeetenen. Agreed.
6. Noord. improper and inadmissable.
7. Agreed. Their High Mightinesses are Supream Judges of their own Titles So are the
United States of theirs.
8. of Ingezeetenen. Agreed.
9. Staaten. Agreed
10. Zullen. Agreed.
(1) Agreed excepting the Words “Volgens Art. 9.”
Article 21. No Objections or Remark
Articles 22 or 23.
Agreed to the Article proposed as a Substitute for these two, but the year 1778 Should
not be mentioned, because by an agreement made in 1779, two Articles of the Treaty
of 1778 were annulled; the 11. and 12 Articles; and the 17 and 22 Articles referred
to, are numbered, after the omission of those two Articles, and as The Treaty now
Stands between the United States and the Crown of France.
Article 24. Barbary Powers
As this Article, binds their High Mightinesses to no particular Expence, and to no
particular Service, it is rather a general Expression of Benevolence, like the Same
Article in the Treaty with France, than any Thing more. As Mediterranean Passes, must
Sometime or other be had for American Vessells, the Countenance and good Will, or
in other Words the good offices of their High Mightinesses, added to those of his
most Christian Majesty, might Still, facilitate the Negotiation, whenever it may be
Article 25. Contrabande
(7) Agreed to the Substitute for that which is effaced.
(9) van en. Agreed.
(10) waar voor &c. Agreed
(1) Ingezeetenen. Agreed.
3. Wesen. Agreed.
5. Bescheiden. Agreed.
Article 27. This article may be omitted.
1. Zeebrief en verdere Beschieden. Agreed.
Agreed to insert the whole of this Article 29 with the Addition proposed beginning
“Net dien verstande” and ending “behandeld en gestrast.”
This Article as amended, is agreed.