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Browsing: Papers of John Adams, Volume 13


Docno: ADMS-06-13-02-0070-0002

Author: Neufville, Jean de, & Fils (business)
Recipient: Adams, John
Date: 1782-05-31

Enclosure: An Account

His Excellency John Adams Esqr: his Account Current with John de Neufville & Son.
Debtor:                        
1780                        
May 30   To amount of sundries sent to the Honble: Lady Adams Pr: the Brig Hannah Captn: Haydon   f   364:   18:   1  
1781                        
July 16   To do: Pr: the Ship Minerva Captn: Brown   ″   392:   19:   2  
″   To Cash pd: Frans P: Vergendo for silks &c as Acct. of 14 June   ″   136:   10:   —  
″   To do: Pd: J: DeLanoy for silk Handfs: as do: 16 do   ″   199:   15:   —  
″   To do Larwood Van Hasselt & Co: for Postage of a parcell Letters and papers via Gottenburg   ″   12:   4:   —  
Decemr: 20                        
  To so much, paid by Major Jackson to his Excellency's son at Bilboa   Bco f.250:   —              
  Agio 5 Ct.   ″  12:   10:   —     ″   262:   10:   3  
1782                        
May 26   To Cash paid by Mr Fjasink of Plymouth to the following prisoners in Mill prison.          
    Jerh: Bass   }                    
    J: Field   A guinea each £5:5:              
    S Curtis   35   Bco f55:   2:          
    B Newcomb   Agio 5 Ct   ″  2:   15:   ″   57:   17:   —  
    Edwd: Saville                    
31   To postage of Letters and parcells from Octr: 1780 to this day   ″   256:   12:   —  
″   To Amt of Disbursemts: relative to the Loan open'd by His Excellency the first March 1781 as Acct   ″   2315:   10:   —  
                f   3998:   15:   —  
{ 124 } | view
Credt:                        
1781                        
May 7   by a Remittance of the honorable Lady Adams on Doctr B: Franklin Dollars 100 or £500 To: Exchange a 51 3/4 [ . . . ]   Bo f215:   12:   8            
  Agio 4 3/4 Ct    ″ 10:   5:   —     f   225:   17:   8  
1782                        
May 31   By Ballance due to us   ″   3772:   17:   8  
                f   3998:   15:   —  
Errors Excepted
Amsterdam 31 May 1782
John de Neufville Son
The content of all or some notes that appeared on this page in the printed volume has been moved to the end of the preceding document.
RC and enclosure (Adams Papers); enclosure endorsed: “Messrs De Neufvilles Acct. 31. May. 1782.”
1. See AFC, 4:132–135.
2. See same, 4:239, 240, 242–243, 244.
3. See same, 4:247.

Docno: ADMS-06-13-02-0071

Author: Willink, Wilhem & Jan (business)
Recipient: Adams, John
Date: 1782-06-14

From Wilhem & Jan Willink

[salute] Sir

We take the liberty to pray your Excellency to inform us, if Autruchian, Danish, prussian Ships shall be received in America, and permitted to unLoad and Load again for their return, we beg pardon of troubling your Excellency with this question because we'd not Load in Such Colours if we are not assured they'll be admitted in America to unLoad.1
We have the honour to remain with respectfull Consideration Sir Your Excellency's most Humble & Obedt Servants
[signed] Wilhem & Jan Willink
We receive together just now, your Excellency's favours,2 both together, to the contents of whch. we Shall pay due Respect.
1. In his reply of 15 June, JA stated, “You may be assured, that Austrian, Danish, Prussian Ships and all other Ships and Flaggs in the World, except English will be readily admitted, into any Port of the United States and to Unload and load again for their Return, provided they dont carry any Thing of the Growth, Production or Manufacture of the British Dominions” (Adams Papers).
2. The first and second ofBoth 13 June, above.

Docno: ADMS-06-13-02-0072

Author: Adams, John
Recipient: Adams, Samuel
Date: 1782-06-15

To Samuel Adams

[salute] Dear sir

The ill Health, contracted in Amsterdam, which began with a violent nervous Fever, last August, and which left me with Gout and Scurvy, and a complication of Disorders, which are scarce yet cured, have prevented me from Writing to my Friends so often as I wished.
It was necessary that I Should take my Station, at Amsterdam, in the Time of it, for the Sake of the Society of my Countrymen, and for the Convenience of free Conversation with those Persons, who were able And desirous to promote the American Cause. But my Residence in that City has given a terrible shock to my delicate and feeble frame.
What Say you, to the alliance of the first Commercial Power in Europe,1 next to England a Republican and a Protestant Power? Is it an Event of any Importance or no? There are who dispute it. The two Houses of orange and Brunswick have heretofore acted Sublime Parts in favour of the Cause of Liberty. They have lately acted too much in Concert against it.2 That of orange must now return to its old System and Principles. I confess I felt a great Pleasure to be introduced to that Court, where William the first and William the third, accomplished Such great Things, in favour of the Protestant Religion and the Rights of Mankind, and to their hereditary successors. This Country appears to me, more a Home, than any other that I have Seen. I have often been to that Church in Leyden where the Planters of Plymouth worshiped So many years, and felt a kind of Veneration for the Bricks and Timbers.
Pray how does your Constitution work? How does the privy Council play its Part? Are there no Inconveniences found in it? It is the Part which I have been most anxious about, least it should become unpopular and Gentlemen should be averse to serve in it.3 This Form of Government has a very high Reputation in Europe, and I wish it may be as well approved in Practice as it is in Theory.
The great Work of Peace advances but slowly. Our excellent Friend Mr Laurens, has declined acting in the Commission on account of his ill Health, an Excuse that I might alledge, perhaps with equal Reason, for transmitting a Resignation of all my Employments, for I really am in a very feeble State. I have returned { 126 } to my old Phisician a Saddle Horse and if his Skill does not restore me, I shall certainly try the Air of the blue Hills.
This moment comes in an Invitation to Mr Adams to Sup with the Prince and Princess of orange, at his Country Seat which they call the Maison du Bois, this Evening. All this is very right. The Sons of Liberty have the best right of any People under Heaven to dine and sup, with this Family. I wish you could be of the Party. I always think of you when I see any of the Portraits of this Family. William the first looks much like you.
I will make a Visit to day to his Highness and pray him to send an Ambassador to Congress. I have a right to Speak to him upon this subject, as he is a Member of the States General, tho as statholder it is not in his Department.

[salute] Adieu

RC (NN: George Bancroft Coll.); endorsed: “Letter from JA Hague June 15. 82 Copied & ExC.”
1. The following three words were interlined.
2. Regarding the House of Orange, JA presumably contrasts both William I's leadership during the Dutch revolt against Spain and William III's assumption of the British throne after the Glorious Revolution with William V's opposition to recognizing the United States.
3. A reference to the Massachusetts Constitution of 1780, which JA had drafted in 1779, and specifically to the governor's council (vol. 8:228–271). Samuel Adams was currently president of the state senate.

Docno: ADMS-06-13-02-0073

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-06-15

To Robert R. Livingston

No. 13.

[salute] Sir

This Morning, I made a Visit to the Grand Pensionary Mr Van Bleiswick, and had a long Conference with him concerning the Plan of a Treaty of Commerce, which is now under Consideration, and endeavoured to remove some of his objections, and to explain to him the Grounds and Reasons of certain Articles which have been objected to by others—particularly the Article which respects France and that which respects Spain.1 He made Light of most of the Objections which had been Stated to the Plan and thought it would be easy to agree upon it but there must be time for the Cities to deliberate.
I asked him, if they did not intend to do us the Honour, Soon of Sending an Ambassador to Congress? and Consuls, at least to Boston and Philadelphia.2 He thought it would be very proper—but Said they had some difficulty in finding a Man, who was suitable, and at { 127 } the Same time willing to undertake so long a Voyage. I asked him, if it would not be convenient to send a Frigate to America, to carry the Treaty, their Ambassador and Consuls all together, when all should be ready? He Said he could not Say whether a Frigate could be Spared.
Very well, says I Smiling, and pointing to the Prince's Picture, I'le go and make my Court to His Highness and pray him to send a Frigate to Philadelphia, with a Treaty an Ambassador and two Consuls, and to take under her Convoy all Merchant Vessells ready to go. Excellent says he, Smiling, I wish you good Luck.
We had a great deal of Conversation too concerning Peace, but as I regard all this as idle, it is not worth while to repeat it. When a Minister shall appear, at Paris or elsewhere with Full Powers from the King of England to treat with the United States of America, I shall think there is Something more than Artifice to raise the Stocks and lay Snares for Sailors to be caught by Press Gangs.

[salute] I have the Honour to be.

1. These were Arts. 22 and 23 of JA's draft. For the controversy over them and its ultimate resolution, see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., below.
2. Pieter Johan van Berckel, first Dutch minister to the United States, was appointed in May 1783 (vol. 12:229). Not until Sept. 1784 did the States General appoint consuls to reside at Philadelphia, New York, Baltimore, Charleston, and Boston (PCC, No. 99, f. 203–210, 219–221, 223–225, 233–235).

Docno: ADMS-06-13-02-0074

Author: Adams, John
Recipient: Warren, James
Date: 1782-06-17

To James Warren

[salute] dear Sir

Broken to Pieces and worn out, with the Diseases engendered by the tainted Atmosphere of Amsterdam operating upon the Effects of fatiguing Journeys dangerous Voyages, a Variety of Climates and eternal Anxiety of Mind, I have not been able to write you so often as I wished:1 But now I hope the fine Season and the pure Air of the Hague, will restore me. Perhaps You will say that the Air of a Court is as putrid as that of Amsterdam. In a moral and political sense perhaps, but I am determined that the bad Morals and false Politicks of other People shall no longer affect my Repose of Mind, nor disturb my Physical Constitution. What is it to me, after having done all I can to set them right whether other People go to Heaven or to the Devil? I may howl and weep but this will have no Effect. I may then just as well Sing and laugh.
{ 128 }
Pray how do you like your new Allies the Dutch? Does your Imagination rove into futurity and Speculate and combine, as it used to do? It is a pretty Amusement to play a Game with Nations, as if they were Fox and Geese—or Corns upon a Checkerboard—or the Personages at Chess, is it not? It is however, the real Employment of a statesman to play such a Game sometimes, a sublime one truly, enough to make a Man serious, however Addicted to sport. Politicks are the divine Science after all. How is it possible that any Man should ever think of making it Subservient to his own little Passions, and mean private Interests? Ye base born sons of fallen Adam! Is the End of Politicks a Fortune a Family, a gilded Coach, a Train of Horses a troup of Livery servants—Balls at Court—Splendid Dinners and suppers? Yet the divine Science of Politicks is at length in Europe reduced to a mechanical system composed of these Materials—what says the Muse Mrs Warren?2
What is to become of an independent Statesman? One, who will bow the Knee to no Idol? who will worship nothing as a Divinity, but Truth, Virtue and his Country? I will tell you, he will be regarded more, by posterity than those who worship Hounds and Horses, and although he will not make his own Fortune he will make the Fortune of his Country. The Liberties of Corsica, sweeden and Geneva may be over turned, but neither his Character can be hurt nor his Exertions rendered ineffectual. Oh Peace, when wilt thou permit me to Visit Penshill Milton Hill and all the Blue Hills? I love every Tree and every Rock upon all those Mountains. Roving among these and the Quails Partridges squirrells &c that inhabit them shall be the amusement of my declining Years God willing. I wont go to Vermont.3 I must be within the Scent of the sea.
I hope to send along a Treaty in two or three Months. I love the Dutchmen with all their Faults. There is a strong Spirit of Liberty among them, and many excellent Qualities. Next year, their Navy will be so strong as to be able to do a great deal. They may do some thing this.
I am going to Court to sup with Princes, Princesses and Ambassadors. I had rather sup with you at one of our Hills, though I have no Objection to Supping at Court. Adieu.
RC (MB); endorsed: “Mr J A Letter June 17. 82.”
1. JA's last known letter to Warren was of 9 Dec. 1780 (vol. 10:404).
2. For Mercy Otis Warren's response, see her letter of 25 Oct., below.
3. A reference to AA's plan to purchase land in Vermont as a retreat for JA, for which see AFC, 4:257–258, 293, 315–317.

Docno: ADMS-06-13-02-0075

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-06-20

From Edmund Jenings

[salute] Sir

I have the Honour of having recived your Excellencys Letters of the 1st and 7th Instant.
My Friend B cannot tell me any thing more of the Anonymous Letter,1 but that He receivd it by the foreign post, and that it cost 10 d. The post mark does not appear on it. B had sent a Copy of it to Mr L. It was therefore the Subject of a Conversation between us. Wherein He declared his Disbeliff, and thorough Contempt of its Contents. I Obeyed your Excellencys Injunction, not to mention any thing containd in your Letter of the 7th altho I wished to do it, and I did not moreover mention that your Excellency Knew any thing of such anonymous Letter having been Sent.
Mr L. Staid here a week, during which his Health was visibly established. He left this place last Friday on his Journey to the South of France. He gave me much Information of America with respect to Men and Things, when He left the Country, which tended to Confirm my former Ideas of them. He left me by consequence agitated both with pleasure and Concern on their Account, but when He told me that He would not take his Share in the Commission &ca. my uneasiness was very great in deed. It is not enough for a man to think He can do no good—when He may prevent mischief, nor is this a Time for any One to think of his own Tranquillity, when the Happiness of millions in future are at Stake. This is the moment of greater Danger than what America has yet seene, and which therefore calls forth those, to avert it, who are pitched upon for the purpose. I beleive Mr Jay is now at Paris.2
There has been much talk here amongst the English of a Truce or a perpetual Cessation of Arms with the United States. The Latter put me in mind of eternal Love which is too often sworn. Doctr Youngs Lover had a true Idea of its nature, when He said

Eternal Love I swear, my mistress and my Friend,

but say, what Day next week, the Eternity shall End.3

The Atheist disbelieves in the Existence of Eternity and the Lover laughs at it. The one is roguish and the other is foolish but the Politician who talks not of the Perpetuity of Policts, Constitutions and Conventions is somewhat wise and honest.
{ 130 }
I have the Honour to be Sir your Excellencys Most Obedient Humble Servant,
[signed] Edm: Jenings
1. For the issue of the anonymous letter, supplied by Edward Bridgen and directed at Henry Laurens, see Jenings to JA, 6 June, and its enclosure, above.
2. Jay did not reach Paris until 23 June (Morris, Peacemakers, p. 282).
3. Jenings misquotes from Edward Young's Love of Fame, the Universal Passion. In Seven Characteristical Satires. The original verse reads, “Eternal love I vow, the Swain replies; / But say, my all! my mistress, and my friend! / What day next week the eternity shall end?” (“Satire V. On Women,” lines 326–328).

Docno: ADMS-06-13-02-0076

Author: Willink, Wilhem & Jan (business)
Author: Staphorst, Nicolaas & Jacob van (business)
Author: La Lande & Fynje, de (business)
Recipient: Adams, John
Date: 1782-06-21

From Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje

[salute] Sir

In consequence of what Messrs. Van Staphorst had the honor of writing you yesterday, we've had a meeting last evening about our common business, and have now the honour to advise your Excellency in answer to your respected favor of the 13th. Instt. that agreable to your order we have apply'd to young Mr. De Neufville to have the exact Amount of his Account against the United States for Services done under your direction, which you only mention to be upwards of Two thousand Guilders. Mr. De Neufville however seem'd not to have expected that question and told us that he got no orders from your Excellency therabout. That his House had Sent the Account,1 consequently that the exact Amount thereof was known to your Excellency and that he therefore was waiting your orders, where he could of course receive the payment for. We do easily conceive that it cann't be agreable to that Gentleman, that we made him Such a question, and take therefore the liberty to desire your Excellency, that you'll be so kind as to draw a Bill on us for the Amount in favor of Messrs. De Neufville and remit the Same to them, by which means all difficulties and uneasiness can be prevented.
We do presume that the Same case, if not worse, will exist with Mr. Hodshon and beg therefore leave to propose to your Excellency, that you'll be so obliging as to write to him, desiring to send the Account of his expences and afterwards to furnish him in the Same manner with a Draft on us.2
As to the rente of your House we have not been able to get the { 131 } proper Informations thereabout as yet, but shall have the honour of writing you fully thereabout with our next.
In the meantime you'll greatly oblige us by returning the Thousand Bonds as soon as possible,3 and to believe us always with the utmost Consideration and respect Sir! Your most obedt. & very humble Servants
[signed] Wilhem & Jan Willink
[signed] Nichs. & Jacob van Staphorst
[signed] de la Lande & fynje
We are desired by a friend of ours to remit you the inclosed letter to his Excellency General Washington4 and to beg the favor of you to forward it amongst your dispatches to America, by which you'll greatly oblige Sir! Yr. most humble Servts
[signed] N. & J. Van Staphorst
RC (Adams Papers); endorsed: “Messrs Willinks & others 21 June 1782.”
1. See de Neufville & Fils to JA, 14 June, above.
2. No letter from JA to Hodshon concerning his account has been found, but see JA's letter of 10 July to Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, below.
3. On 20 June (Adams Papers), Nicolaas & Jacob van Staphorst wrote to JA to acknowledge his first and secondtwo letters of 13 June to Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje (above) and enclosed a thousand bonds for his signature. In a letter of 22 June to the consortium (LbC, Adams Papers), JA returned the bonds and requested more as soon as possible. On the 24th (Adams Papers), the consortium acknowledged JA's letter of 22 June and promised to send another thousand bonds in a few days.
4. This letter has not been identified, and the editors of Washington's papers have been unable to locate any letter for this period that would seem to fit the description provided by the Van Staphorsts.

Docno: ADMS-06-13-02-0077

Author: Gannan, B., & Zoon (business)
Recipient: Adams, John
Date: 1782-06-26

From B. Gannan & Zoon

[salute] Sir

Desirous and ambitious of rendering ourselves usefull and agreeable in any mode, tending to for cause, which our best wishes has ever acompanied; we beg leave with due submission, to inform your Excellency, that we are now fitting out here, under Imperial colours for Philadelphia, a Cutter, known for one of the fastest sailing Vessells built in England, burthen 280. tons, mounting 18. guns and sixty odd men, to be ready for sea in the course of some days: should she prove agreeable to your Excellency for the purpose of conveying dispatches, goods or other effects, we will pledge ourselves for the principles of the captain in whom every trust may be confided.
{ 132 }
Our name as residents at Dunkirk, is well known at Versailles in the Bureau of marine, equally so to many american Gentlemen, among them, Mr. Nisbett1 of L'orient, who was lately in these parts.
This same vessell came lately from Philadelphia to this port in seventeen days fully loaded with tobacco, shipp'd by Messrs. Saml. Inglis & Co. of former place. The captain is born English and naturalised Imperial; many of his men are also British, but burghers of this country, they were all very favourably receiv'd, at Philadelphia still the captain seems to intimate a wish of possessing a protection from the ministers of the united states (in Europe) as a guarantee to his safety at his arrival, lest as himself and major of his crew, born Englishmen, should be conducive to some obstacle or trouble.
Under this consideration, we crave your Excellency's support, and request that it would be so favourable as to ordain any such protection to this vessel, as your Excellency shall judge necessary2—she is call'd the Maarstrand, capt. henry Cook.
We have a quantity of prize goods, such as lead, tin, Iron &c. bought at Dunkirk, we make no doubt that the same tho' English manufactory or make, may be imported into america free and without dangers; any advices, your Excellency will be gracious enough to give us thereon, we will most gratifully acknowledge.
We have the honor to he with profound respect & much at yr command, Sir, Your most Humble & obedient Servants
[signed] B Gannan & Zoon
RC (Adams Papers); endorsed by John Thaxter: “Messs. B. Gannan & Son 26th. June 1782.”
1. The banker Jonathan Nesbitt, who dined with JA in May 1779 and JQA in May 1785 (vol. 6:31; JA, D&A, 2:370; JQA, Diary, 1:271).
2. No reply by JA to this letter has been found, and there is no indication that he provided the requested protection or used the Marstrand to carry dispatches to the United States. The firm had written a very similar letter to Benjamin Franklin on 25 June, to which Franklin did not respond (Franklin, Papers, 37:37).

Docno: ADMS-06-13-02-0078

Author: Chapman, Richard
Recipient: Adams, John
Date: 1782-06-27

From Richard Chapman

[salute] Sir

I hope you will pardon the Liberty I have taken of Adressing my Self to you but haveing waited on Mr: Barttly1 Expecting Some Assistance from him, he Informd me it was not in his Line but that your Excellency was the only person to Apply too.
These lines will Inform your Excellency that I was Mate of a Con• { 133 } tinental Packet Call'd the Active Commanded by John Hodge Esqr: from Philadelphia Bound to the Havannah with Dispathes we Saild from the Capes of Dilaware the 10th: of March last and was Unfortunately taken the 25th: by the Proserpine Frigate the Brigg with the Capt: was Ordred to Jamiaca myself with the people was Brought home to Spit Head from which place I Soon made my Escape and by the Help of Friends at Portsmouth and London I have Safe Arrived here but have been Under the Docter's hands good part of the time I have been here till within this ten or twelve days. So that I hope your Excellency will Consider my Situation and Afford me as much Asistence as your Excellency may Judge Nessesery as I am determind to git home as Soon as poserble as I Belong to the Service and Have near five months wages due at Eighteen Dollars [per] month I Should take it as a great Favour if it is poserble, for it to be paid to me here, as it would be of Infinite Service to me at present; as I am Intirely Destitute of Cloths and Every other Nessesery I Shall want when I Come to go to Sea. Relying on your Excellency's Goodness I am with the Greatest Submission your Excellency's most Obet: Humbl: Servt:
[signed] Richard Chapman
NB Your Excellency will be So Kind as to Answer the Above as it will not lay in my power to See him personly If Nessesery till I Receive Some Asitstance.2
At Mrss' Mc:Graves Worm Street.
1. Thomas Barclay, the U.S. consul to France, was in Amsterdam attending to the disposition of the goods left there by Alexander Gillon in 1781. See Barclay's letter of 28 June, below.
2. Chapman's account of the capture of the Active is accurate (Dict. Amer. Fighting Ships), but nothing further is known of him beyond what is in this letter. JA replied on 1 July (LbC, Adams Papers), congratulating Chapman on his escape but noting that he was not authorized to pay him his wages. JA, however, proposed to lend him eight ducats—about four pounds—for which he was to sign a note payable to Congress.

Docno: ADMS-06-13-02-0079

Author: Barclay, Thomas
Recipient: Adams, John
Date: 1782-06-28

From Thomas Barclay

[salute] Sir

Captain Smedley will, I expect, Sail in about Six days, and if your Excellency has any Dispatches, or other Commands, he will be a good opportunity to Send them by.1 I Shall endeavour to wait upon you at the Hague previous to his Departure. Mr. Livingston wrote to { 134 } me Some time ago to Send him Such Pamphlets or Papers as Contain any thing of Consequence or Information, but I can lay my hands only on Some Registers which Shall go, and if you have got a few news papers or any thing of the Kind to Spare, they Shall be carefully forward'd.
Some time ago His Excellency Docter Franklin wrote to me that Mr. Morris had Sent and Estimate of Supplies to the amount of about Two Million of Livers, with Directions, that Mr. Ridley and myself Shou'd Compleat the Purchases, but that the funds Cou'd not be procured in France for its Execution. I beg leave to Submit to your Excellency the propriety of Employing any part of the Loan which you have negociated in Holland for the purposes of Sending those Supplies. My Instructions from Congress empower me to draw in Cases of absolute Necessity on any funds which I Shall Know to be procured for Congress in Europe, of this necessity you must in this Case be the Sole Judge, as you Know much better than I do the wants and the Situation of our Country, and Consequently by what application of the money those Wants Can be best removed. I have taken the liberty of mentioning this matter to you now, and when I have the honour of Seeing you at the Hague you can give me your Sentiments.2
Mr. Thaxter gets Something better, his friends have advised his Staying here a few days longer, and indeed it Seems to be absolutely necessary to the Reestablishment of his health.
I have the honour to be with the greatest Esteem and respect Dear Sir Your Most Obedt Servant.
[signed] Tho Barclay
RC (Adams Papers); addressed: “His Excellency John Adams Esqre. at the Hague”; endorsed: “Mr Barclay”; by John Thaxter: “June 28th 1782.”
1. Samuel Smedley of Fairfield, Conn., was a former prisoner appointed by Barclay to command the General Sullivan, which he had chartered to carry to America some of the goods originally intended to go with the South Carolina. The vessel was renamed the Heer Adams between 25 and 29 April in honor of Dutch recognition of the United States (Louis F. Middlebrook, History of Maritime Connecticut During the American Revolution, 2 vols., Salem, Mass., 1925, 2:123, 325; Franklin, Papers, 37:213, 237).
2. Neither Franklin's letter to Barclay nor Robert Morris' letter of 9 March, to which it likely referred, has been found. But for the content of Morris' letter to Franklin, see his letter of 9 March to Congress (Morris, Papers, 4:376–378). JA apparently did not reply to this letter, presumably because, as Barclay intended, the two men discussed the matter at The Hague. Barclay gives an accurate summary of his 10 July 1781 instructions (JCC, 20:736–737), but it is unlikely that he received the requested funds because JA had not yet received any significant return from his new loan and, in any case, was reluctant to make substantial disbursements without the direct orders of Congress (to Robert R. Livingston, 5 July, 2d letter, below).

Docno: ADMS-06-13-02-0080

Author: Mazzei, Philip
Recipient: Adams, John
Date: 1782-06-28

From Philip Mazzei

[salute] Sir

In my preceding of the 21st. ultmo. I acquainted your Excellency, that Mr. Maddison had written me from Philadelphia, that my cipher had been lost in the late confusions in Virginia, for which reason all I had written in cipher since that time, as well to him for the use of Congress, as to the Governor and Council of my State, still remains unlocked, and must be so untill I get there myself, which I expect will soon be the case, provided I can get a tollerable good opportunity to go. Having now some thing to write, which I would not venture cross the Atlantic unless it was in cipher, I must desire the favour of your Excellency to do in my stead, if you should think it worth the notice of Congress, as I do.
Last saturday, 22. instt., this Sovereign1 told me, “that things had intirely changed; that the Courts of Russia and Vienna had declared they would never acknowledge the Independency of America; that he had been assured the King of Spain would not suffer it to be mentioned to him, and would rather fall out with France than do it; that all other Powers were of the same mind; that France had taken a bone too hard for her alone to digest; that Holand hangs to a thread; that probably in less than two years time the name of the Dutch Republick will no more exist; and that perhaps in a short time there will be so much to do in Europe as not to think of America.”
As I could not affect to be ignorant of his way of thinking in regard to France, I could not likewise, with any degree of prudence, speak out my sentiments relative to the power, steadiness, and magnanimity of our good and great Ally. I confined myself merely to say, that the Americans would certainly exercise their Independency, whether Europe did acknowledge it, or not; and that I had not the smallest doubt but the English would soon acknowledge it themselves, while, from political, interested, and ambitious views, they did all they could to prevent other Nations being before hand with them.
In my opinion the Courts of Russia and Vienna will think better than to meddle seriously in the dispute, unless they had formed a plan, which the King of Prussia should give his assent to; however it seems to me that the above intelligence is not such as to be intirely disregarded. This Prince is in the way of knowing the inclination { 136 } and desire of certain Courts, 'though he may be mistaken in regard to what they may be at last willing, or able to do. The more I consider the great Theater of the World, the more I conceive that, besidess the duties of honour and gratitude, it is our interest to convince the Courts of Europe, by all means in our power, of our sincere attachment to France, and that our union shall be solid and permanent. I long to see the happy day when France and America will derive the greatest advantages from each other, in peace and tranquillity, and bid defiance to the World.
If your Excellency should think proper to send a copy of this letter to America,2 I beg the favour, that a copy of the same may be sent from Congress to the Governor and Council of Virginia, whom I wish to be likewise informed, that, in consequence of the above-said conversation with this Sovereign, I have thought proper to take my leave of him, which I have done with a good grace, having had his permission to write to him in a direct line from any part, whenever I shall think it requisite, and his promise of returning me an answer when the purport of my letter should require it.
I think of setting out in less than a month, and hope to be in person to ask the honour of your command for America. Mean while I have that of being most respectfully, Sir, your Excellency's most Humble & most Obedient Servant
[signed] Philip Mazzei
P.S. Your Excellency will receive this from the French Embassadour. Should you think of honouring me with your Commands, you will be so kind as to send them, through the same channel, inclosed to Mr. de Billerey Chargé des affaires du Roy a Florence, who, in case I should be gone, will send them safe wherever I shall be.
RC (Adams Papers); endorsed: “Mr Mazzei Ansd Aug. 12. 1782.”
1. Probably Leopold I, Grand Duke of Tuscany. For earlier references to him by Mazzei, see vol. 10:81–82; 11:236.
2. JA did not send a copy of this letter to America. For his reasons, see his letter to Mazzei of 12 Aug., below.

Docno: ADMS-06-13-02-0081

Author: Ravekes, Gerbrand, & J. G. Thin van Keulen (business)
Recipient: Adams, John
Date: 1782-06-29

From Gerbrand Ravekes & J. G. Thin van Keulen

[salute] Your Excellencÿ

We have received your esteemed letter of 31th May, and accordingly your consent we have lowed the house at Mr L: de Neufville Jansz for 1200 f in the year; it was impossible to obtain any more; his rent is also in the 11/M: from 1 Juni 1782 to 30 April 1783 f 1100.—
{ 137 } | view
The loss thereof, that comes for you, is   f   480:   —    
added Expences made, in publication in Newspapers new bill dressing &c. &ca:   “   11:   12    
Mount: ad   f   491:   12:   —  
Pray to sent us by Mr Van Staphorst our friend, these f 491:12:—with our bill of this house, than will we give him again your bill; and we will take care for the rest, and decharging your Excellency of all this affairs.
We have the Honour to be with very much respects Your Excellency's Most obedient servants
[signed] Gerbrand Ravekes gg.
[signed] J: G: Thin Van Keúlen gg.

Docno: ADMS-06-13-02-0082

Author: Thaxter, John
Recipient: Adams, John
Date: 1782-06-29

From John Thaxter

[salute] Sir

You will doubtless be surprized to recieve another Letter from me dated from hence, and I fully expected to have been at the Hague several days agone when I wrote last,1 but the prospect of Mr. Barclay's Company, the kindness and Attention of my Countrymen here and a daily Increase of Health and Strength have hitherto prevented. I intended returning to day in the Chariot de Poste, but I did not find myself very well this morning and the day was bad. Capt. Trowbridge's Arrival from Boston at the Texel was another Reason of my tarrying in Town. He had 48 days Passage. He is now upon the Pompus and not a being has come on Shore as yet, so that We know of no News by him. If there are any Letters for You, I shall bring them on or forward them immediately.2
I have recovered amazingly since my Residence here, and must never open my Lips again to reprobate the Air of Amsterdam. 'Tis excellent for the Chest. My Arms are much stronger than they were, but I am still hampered in writing. I am almost ashamed to stay here longer, and wish most sincerely I could sit down and do a Paris day's work in writing and relieve You from a Part of your Burden. I am grieved to be useless to You at this moment, when there is so much to do and the Letter Book is never out of my Head. I must work double Tides when I am able.
Smedley and Grinnel are both over the Pompus to their great Joy, and will be ready to go down to the Texel in eight or ten days.3
{ 138 }
Stephens has been here and informs me he and his Family have been very sick with the bilious Fever—says he does not know what to do with himself—thinks three hundred Guilders would enable him to do hansomely for himself in a short time—requests if You could not spare that Sum that You would be so good as to let him have twenty Ducats to pay his Doctor and House Rent—says he is in great distress and desired me to represent his Case to You. I told him I could mention the Matter to You only, but could not interfere in the Business in the smallest degree nor give him the least Encouragement, and that as soon as I had your Answer I would let him know it. Unfortunately I could not get into Mr. Ridley's Lodgings, and was obliged to come to Mr. Kaa's at the first Bible in the Warmoestraat, where I found a Number of our Countrymen, who desire their best Respects to You.
Compliments if You please to Mr. Dumas and Family.
My Paper and Arm both warn me to close—but not without subjoining my sincerest Wishes for your Health, and an Assurance of that invariable Respect and Attachment, with which I have the honor to be, Sir, your most humble Servt.
[signed] J Thaxter
RC (Adams Papers); endorsed: “Thaxter. June 29th 1782.”
1. The last extant letter from Thaxter to JA from Amsterdam is dated 6 May (AFC, 4:322).
2. For the letters brought by Capt. Caleb Trowbridge of the Firebrand, see letters from Thaxter of 30 June and from John van Heukelom & Zoon of 1 July, both below, but see also AFC, 4:354, 362. Trowbridge's vessel was on the Pampus, an area of shallow water in the Zuider Zee separating the Texel from Amsterdam. Ships had to wait for high tide to be lifted across it using camels.
3. Captains Samuel Smedley and Moses Grinnell commanded the Heer Adams and the Sukey, respectively; the first was bound for Philadelphia and the second for Boston (from Wilhem & Jan Willink and Nicolaas & Jacob van Staphorst, 11 July, note 3, below; AFC, 4:339).

Docno: ADMS-06-13-02-0083

Author: Willink, Wilhem & Jan (business)
Author: Staphorst, Nicolaas & Jacob van (business)
Author: La Lande & Fynje, de (business)
Recipient: Adams, John
Date: 1782-06-29

From Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje

[salute] Sir

In conformity of our agreement we have the honor to accompany your Excellency herewith 25 English and 25 dutch copies of the General Bonds of the Loan of Five Millions for the United States of America, viz: five copies of each Million, to be forwarded to Congress by five different opportunities, in order to get the Ratification thereon.
{ 139 }
Respecting the Rent of your House we have Spoken to the Gentlemen who have the direction of it, but as they wish to have your Excellency's Approbation for the new Bail they told us yesterday that they would write you themselves about it,1 which of consequence we make no doubt but they'll have done and we'll expect your orders if we Shall pay their demand.
We remain with perfect Esteem Sir! Your most obedt. hble. Servts.
[signed] Wilhem & Jan Willink
[signed] Nics. & Jacob van Staphorst
[signed] de la Lande & fÿnje
Instead of the aforementioned five copies we only send your Excellency Three copies of each Million, the others not being ready as yet. We shall be very glad to receive the Bonds for the Second Million as soon as your Excellency has signed them.
1. From Gerbrand Ravekes & J. G. Thin van Keulen, 29 June, above.

Docno: ADMS-06-13-02-0084

Author: Thaxter, John
Recipient: Adams, John
Date: 1782-06-30

From John Thaxter

[salute] Sir

Between 6 and 7 this morning Capt. Trowbridge came and delivered me the five Letters and News Papers inclosed.1
Every thing in a quiet state on the other side the Water—Provissions plenty and cheap—hard Money not scarce. He has brought Tobacco, and Sugar and Coffee from Boston. Sugar and Coffee from Boston to Amsterdam, is a Phenomenon in the mercantile World, and ought not to be forgotten.
If there are any Letters for me, please to inclose them to Messs. Ingraham and Bromfield, they may come by the Chariot de Poste at six o. Clock tomorrow Morning.
I have the Honor to be &ca.
[signed] J. T.
RC (Adams Papers); addressed: “His Excellency Mr. Adams”; endorsed: “Thaxter 30. June 1782”; notation by JA: “Pestel de Republica batavar Janiçon. chez de tune libraire pres le marechal de turenne.” JA's notation has nothing to do with Thaxter's letter but presumably is an instance where JA used an available piece of paper to jot down a note to himself. The note indicates that Frederik Willem von Pestel's Commentarii de Republica Batava (Leyden, 1782) and François Michel Janiçon's Etat présent de la république des Provinces-Unies, et des païs qui en dépendent (4th ed., 2 vols., The Hague, 1755) were at the bookseller near the Mare• { 140 } schall de Turenne, an inn at The Hague. The Catalogue of JA's Library indicates that he acquired both volumes.
1. JA wrote to AA on 1 July and indicated that two of the letters were hers of 10 and 22 April, with a third likely being Isaac Smith Sr.'s of 6 May (AFC, 4:337, 305–308, 313–317). A fourth letter may have been Richard Cranch's of 31 Jan. (same, 4:281–282), for which see the letter of 1 July from John van Heukelom & Zoon, below.

Docno: ADMS-06-13-02-0085

Author: Dana, Francis
Recipient: Adams, John
Date: 1782-07-01

From Francis Dana

[salute] My Dear Sir

My last to you was of the 12/23 of May. I have not received any from you since yours of the 28th. of April.1 Enclosed you will receive the latter part of my letter to Mr: Livingston, which I pray you to forward with a proper direction.2 I send them open to you for your private Information. The matter these mentioned is what is alluded to in my last. Since the new British Ministry have consented upon the intercession of Her Imperial Majesty, to treat with the Dutch upon the basis of their old Marine Treaty, and the principles of the Armed Neutrality, She seems to press the business of Mediation with greater vigour. Whether a particular peace between Britain and Holland can be now brought about by Her Majesty's exertions, you are better able to say than I am, and I shou'd be glad of your sentiments upon this subject. I am inclined to think it cannot be, and that the whole may issue in a general Mediation on the part of Her Majesty and the Emperor, whenever the English can be brot to consent to the Admission of our Ministers into the Congress, and not before. This is certainly upon the whole the most just, and I think the only rational method which remains to be adapted, with any prospect of Success, in the present state of affairs. If you were to hear the Anglomanes of this Country speak of the late successes of the British, you wou'd think they imagined the power of the whole House of Bourbon beaten down so as never to rise again, and that the British had gained a complete and lasting Triumph over all their Enemies: So ignorant are they of the real relative force of the Belligerent Powers. Time, I presume will destroy these absurdities and their momentaneous effects. The war, if it shou'd not be closed in the course of the next winter by a general pacification, may rage with new vigour on all parts. The late emancipation of Ireland may give some additional force to our Enemies, and we ought to be pre• { 141 } pared to meet it.3 Abating this circumstance, I rejoice in the recovered liberty of that long and cruelly oppressed Country. This great event, as well as those of the freedom of the Commerce and of the Navigation of all the Nations of Europe, are undoubtedly consequences of our Revolution; and the latter most certainly must depend upon the establishment of our Independence. This truth I think, is so obvious to all of them that it cannot be overlooked. If they are not therefore absolutely blind to their own essential Interests, or so corrupt as to disregard them, they must openly or secretly favour and support it. But, my dear Friend, I am almost weary of this pitiful existence; in waiting for what is called “the proper moment;” and I may suddenly put in execution what I have before told you I have seriously contemplated, and return to America by the first opportunity which may offer.
I beg you to present my regards to Mr: T. and to tell him tho' I have not wrote him for so long a time, yet I have not forgot him, or my obligations to him for his former favours.
I am, Dear Sir, your much obliged Friend & obedient humble Servt:
[signed] FRA DANA
RC (Adams Papers). Filmed at 21 June, Adams Papers, Microfilms, Reel No. 357.
1. Vol. 12:467–468.
2. Probably Dana's letter of 28 June to Robert R. Livingston (Wharton, Dipl. Corr. Amer. Rev., 5:528–532).
3. On 17 May both houses of the British Parliament voted to repeal the Declaratory Act of 1720, which had permitted it “to make laws and statutes of sufficient force and validity to bind the kingdom and the people of Ireland.” This resolved a longstanding grievance and finally established Irish legislative independence (Gerard O'Brien, Anglo-Irish Politics in the Age of Grattan and Pitt, Dublin, 1987, p. 59). For the texts of the Declaratory Act of 1720 and of the 1782 act repealing it, see same, p. 176.

Docno: ADMS-06-13-02-0086

Author: Heukelom, John van, & Zoon (business)
Recipient: Adams, John
Date: 1782-07-01

From John van Heukelom & Zoon

[salute] Honourable Sir

We have the Pleasure to inform ÿour Excellencÿ; that we received this morning by the Firebrand Capt Caleb Trowbridge a letter from the Honbe: R. Cranch Esq. he charged üs with his kindest regards to your Excellencÿ and begged we would inform ÿoür Excellencÿ, that your dear Charles after a tedious passage at last arrived safe to the arms of his Mother in perfect health, he hopes that ÿoür Excellencÿ will receive letters bÿ this Same conveyance from your Ladÿ;1 Your Excellencÿ's familÿ being all well.
{ 142 }
As to oür Büsiness; Mr. Cranch Sold alreadÿ two Pieces of cloth for us, with a good profit, and returned to us the amount in á bill of exchange: he understood our letter and thinks that a verÿ Large and adventageoüs Vent for our Cloths maÿ be had in this waÿ; he Sends üs Samples of the most fashionable Caloürs in America with proper instructions when it is the best time to Ship them; in Short we are So pleased with this Gentleman's behaviour towards us that we flatter ourselves to have Soon established á Solid and agreeable Correspondence to our Mütüal advantage and here we cannot but present our Sincerest thanks to your Excellencÿ whose kindness so afforded üs this opportunitÿ.
We beg oür Compliments to Mr Thaxter. & are with great respect Honourable Sir Yoür Most obedient & Humble Servants.
[signed] John van Heukelom & Zoon
1. For letters from AA, Isaac Smith Sr., and Richard Cranch likely brought by Trowbridge, see John Thaxter's letter of 30 June, note 1, above.

Docno: ADMS-06-13-02-0087-0001

Author: Uhl, Jean Henri David
Recipient: Adams, John
Date: 1782-07-01

From Jean Henri David Uhl

[salute] Monsieur

Votre Excellence étant Ministre plenipotentiaire des provinces unies de l'Amerique accredité auprès des hautes puissances les états generaux d'Hollande à la Haye à fait eclater autant de marques de ses grandes qualités, qu'elles me donnent la confïance d'implorer vos secours dans un cas singulier qui m'est arrivé avec un armateur Americain.
Le Plantage Fredericdorp à Suriname appartient à ma femme et Famille en heritières usufructuaires testamentaires1 de J. F. Knoffel, les heritières sont les deux filles du Defunt P. L. Knoffel Directeur de Monnoye de sa Majesté prussienne, frère du testateur et par consequent des sujets nées prussiennes à Berlin. Les fruits consistent en Café et vont sur des navires hollandois à notre compte et sont addressés sur le compte du Plantage Fredericdorp pour notre Correspondent Mr. Pieter van der Meulen dirckzoon à Amsterdam.
Il arrive souvent dans la guerre que les Anglois prennent les vaisseaux hollandois chargés de fruits de Suriname, mais les amirautés en Angleterre rendent aux sujets neutres prussiens les fruits qui vont sur leur compte et se trouvent dans les vaisseaux hollandois. { 143 } Les heritiers du Comte de Neal à Berlin qui ont plusieurs Plantages à Suriname ont reclamé et reçu les fruits pris des Anglois sur des Vaisseaux hollandois de leurs plantages; moi même je reclame à present 10000 livres de Café du Plantage Fredericdorp en Angleterre. Nouvellement un Armateur Anglois à pris le vaisseau du Capt. C. G. Weis un americain l'a repris et vendu le vaisseau et la Charge à Martenique; sur le vaisseau hollandois en question se sont trouvé 8679 Livres de Café de mon Plantage Fredericksdorp addressés à mon Correspondent van der Meulen et l'americain s'est approprié le bien des sujets neutres prussiens; que les Anglois leur auroient rendu selon le prix de L'Europe à Londre ou à Amsterdam.2
Si les sujets neutres prussiens ne peuvent recouvrer le bien pris par l'americain, ils ont plus tort à craindre des Americains qui sont amis des Hollandois avec qui les prussiens commercent que des Anglois qui sont ennemis declarés des Hollandois.
L'armateur à eu le droit de s'approprier le bien hollandois repris des Anglois par le droit de la guerre, mais non pas le bien d'un neutre. Il l'a ignoré, mais étant informé que les 8679 livres Café du Plantage Fredericdorp appartiennent aux sujets neutres prussiens, le droit des gens exige qu'il le rende et j'ai sans doute le droit de reclamer le prix des 8679 livres de l'Americain selon la Valeur d'Amsterdam; une bagatelle pour l'armateur qui a pris tout d'un coup trois cent mil livres de Cafe sur le vaisseau hollandois et le prix du navire; mais un grand dommage et la ruine pour une famille à Berlin qui dois vivre de L'usufruis d'un Plantage de Suriname!
Je suis sur que la nation des provinces unies de l'Amerique est animée du meme esprit de droiture d'amour de Justice et de respect pour le droit universel des gens libres, que la nation Angloise dont elle est issue et qu'elle rendra en justice ce qui appartient aux neutres. Mais la difficulté d'y parvenir faute de connoissance des voyes ujitées en Amerique est la raison que je prie Votre Excellence de m'aider.
Mon Correspondent et mandataire en Reclames des Produits du Plantage Fredericdorp à Suriname Mr. P. van der Meulen Dirckz. à Amsterdam étalera à votre Excellence les preuves authentiques que les 8679 livres de Café du Plantage Fredericdorp sont pris dans le vaisseau du Capt. Weis d'un Americain et vendu à Martenique; que les produits du Plantage Fredericksdorp appartiennent aux heritiers de Knoffel sujets neutres prussiens à Berlin et que la reclames est fondé sur la verité du fait; Votre Excellence etant convaincu de la { 144 } verité du fait et du droit, je demande la grave de lui donner la dessus l'attestation, de l'informer de la plus facile maniére dont il puisse recouvrer le prix d'Amsterdam de 8679 livres Café en question pour les sujets neutres prussiens et de suppediter ce qui nous manque de connoissance en Amerique.
Le caractère de votre Excellence deja connu en Europe me fait esperer que votre Excellence me donnera l'occasion de louer et faire connoitre l'amour de Justice de la nation que vous représentés dans les cas du droit des gens envers les neutres sujets prussiens. Je suis avec le plus profond respect Monsieur de votre Excellence le plus humble et très obéissant serviteur,
[signed] Jean Henri David Uhl
Conseiller à la Chambre de Justice superieure
allemande de sa majesté le Roi de Prussè

Docno: ADMS-06-13-02-0087-0002

Author: Uhl, Jean Henri David
Recipient: Adams, John
Date: 1782-07-01

Jean Henri David Uhl to John Adams: A Translation

[salute] Sir

It is because of the fact that your excellency, minister plenipotentiary of the united provinces of America, has displayed so many of the great qualities of his character, in view of the High Mightinesses, the States General at The Hague, that I have the confidence to ask for assistance in a very singular situation involving an American ship owner.
The Fredericdorp plantation in Suriname belongs to my wife and her family through an usufructuary bequest1 by J. F. Knoffel. The heiresses are the two daughters of the late P. L. Knoffel, finance minister for his Prussian majesty, brother of the testator, and consequently Prussian-born subjects in Berlin. The coffee crop aboard the Dutch ships was ours and was addressed in the name of the Fredericdorp plantation for our correspondent Mr. Pieter van der Meulen in Amsterdam.
It so happens often in the war that the English take Dutch ships loaded with Suriname's goods, but any goods belonging to neutral Prussian subjects on board these Dutch ships are returned by the English admiralty. The heirs of the Count de Neal in Berlin, who have several plantations in Suriname, have reclaimed and received their crops seized by the British from Dutch vessels. I am currently reclaiming 10,000 pounds of coffee from the Fredericdorp plantation in England. Recently, an English ship-owner took the ship of Captain C. G. Weis. An American took it back and sold the vessel and its cargo in Martinique. The 8,679 pounds of coffee from the Fredericdorp plantation, addressed to my correspondent van der Meulen, were on board the Dutch ship in question. The American took what is rightfully the Prussians'; the English would have returned it to them according to the European price in London or Amsterdam.2
{ 145 }
If the neutral Prussians cannot recover the goods taken by the Americans, then the mistake would be to fear the Americans, who are friends with the Dutch and with whom the Prussians trade, rather than to fear the English who are Holland's declared enemy.
The ship owner had the right to confiscate Dutch property taken back from the English by the rules of war but not the property of a neutral party. He ignored this, and being informed that the 8,679 pounds of coffee from the Fredericdorp plantation belong to the neutral Prussians, the law of nations demands that he return them. I no doubt have the right to reclaim the price of the 8,679 pounds according to the value in Amsterdam. It is a trifle for the ship owner who suddenly took 300,000 pounds of coffee from a Dutch ship and the ship itself; but what great pity and ruination for a Berlin family whose livelihood depends on the profits from a Suriname plantation!
I am certain that the united provinces of America are animated with the same spirit of love of justice and respect for the universal rights of free people as the English nation from which it descended, and that justice will be brought to the neutrals. But the difficulty in achieving this lies in not knowing the common ways in America, and that is the reason I am asking your excellency for assistance.
My correspondent and proxy for reclamations for the Fredericdorp plantation in Suriname, Mr. P. van der Meulen Dirckz in Amsterdam, will send authenticating proof to your excellency that 8,679 pounds of coffee from Fredericdorp plantation were taken from Captain Weis' ship by an American and sold in Martinique; that the Fredericdorp plantation's products belong to Knoffel's heirs, the neutral Prussian subjects in Berlin; and that the reclamation is based on fact. I ask that your excellency, being convinced of the truth of the facts and the law, grant me the favor of giving you the above attestation and of informing you in the easiest way possible so that you may recover the Amsterdam price for the 8,679 pounds of coffee in question for the Prussian neutrals, and provide us with the knowledge we lack about America.
Your excellency's character is already well known in Europe and makes me hope that you will give me this occasion to praise and recognize the love of justice in the country you represent in the case of the law of nations toward neutral Prussian subjects. I am, with the deepest respect for your excellency, sir, the very humble and very obedient servant,
[signed] Jean Henri David Uhl
Member of the Supreme German
Court of His Majesty the King of Prussia
RC (Adams Papers); endorsed: “Mr J. H. D. Uhl. Berlin 1. Juiller 1782 ansd. 9.”
1. That is, the bequest permitted Uhl's wife and family to enjoy the profits of the plantation but did not transfer ownership to them (OED).
2. Uhl's complaint concerns the differing views of the status of neutral property. The British followed the traditional principle of the law of nations that enemy property was { 146 } subject to seizure wherever found, even on a neutral ship, while neutral property, unless it was contraband, was free or not subject to seizure wherever found, even on an enemy ship (Emerich de Vattel, The Law of Nations or the Principals of Natural Law, bk. 3, ch. 7, § 115–116). Thus when a British warship or privateer found Prussian merchandise on a Dutch ship, that property would be counted free and returned to the owner. The United States and France followed the alternative principle that free ships made free goods, which provided that all, even neutral, property was subject to seizure on an enemy ship and that all, even enemy, property was free on a neutral ship so long as it was not contraband (Miller, Treaties, 2:20–21). In the case cited by Uhl, the Dutch vessel recaptured from the English had apparently been judged to have been long enough in the hands of its British captors to have assumed the character of an enemy ship and thus all of its cargo was good prize. Nothing further is known about Uhl's case, which was apparently never pursued in the United States, but see JA's reply of 9 July, below.

Docno: ADMS-06-13-02-0088

Author: Adams, John
Recipient: Gerry, Elbridge
Date: 1782-07-02

To Elbridge Gerry

[salute] Dear sir

Well! how do you find yourself, after a little Repose? Are you married? or making Fortune in Trade? or Still buried in Politicks, and publick Good? I am in a longing Condition for your Letters, because they used to give me, the most comprehensive Ideas of affairs. You ought to remember me, for it was you, who sent me abroad in quest of Adventures,1 which have ruined me de fond en comble2—I am worn out and broken to Pieces—but can still laugh at the Folly, and ill Nature of the World.
I can tell you no News. The Mynheers have received us, with open Arms at last. If They should not do much for Us, they have increased our Reputation, and they have bound themselves to do nothing against Us, which is a great Point gained. The open, publick Manner in which all has been conducted, redounds much to our Honour.
The News, must be divided into that which respects War, and that which respects Peace. The War in Europe is wholly maritime. The combined Fleet Sailed from Cadiz, the 4. June, and has not been heard of Since.3 It is expected in the Channell, to be joined by the Dutch and by other French ships from Brest. But some begin to suspect, that Cordova is gone to Jamaica or New York. If they come to the Channell the English cannot meet them—they must skulk into Torbay &c certain little Intrigues, from certain Individuals in Russia and Denmark, make some suspect that these Powers wish to favour England, but they can do nothing.4 They all agree that the American Question is decided, but say there are so many Pretentions, against England, that she should be favord a little. Ireland has { 147 } carried Points for the present, which will be the foundation of a War between them and England hereafter.
Mr Grenville is at Paris, and after a long time has obtained Powers to treat with all the belligerent Powers, but as the English dont allow Us to be a Power, they mean to chicane, to raise the stocks, to get Money and to lull the sailers in to Tranquility, that they may press them without suspicion. I have no faith in the Success of this Negotiation for Peace, but wish I may be deceived.
What is become of the American Navy? Is it the System to let it die? This is not prescient. How does your Constitution Work and your Governors &c behave? does all play well like a good Instrument of Musick.
I hope you go to Congress again. Jackson and Lowell, I find are going, these are good Hands. But there is a Parsons that I want to go, if You and sullivan, Jackson Lowell, &c go, Mass. will be highly represented.5 We must send our best Men there. That is the great Wheel—The Governor himself, Councellors senators, Judges all ought to consider it, as honourable to go to Congress. We should be very carefull to send no mean Men there. <I wish I had the Honour to be there, nevertheless>.
I fancy, that in America, the Task will not be difficult—There are three subjects, which ought to be attended to above all Things, Finance, a Navy, and foreign affairs. These subjects are not yet generally well understood, and their immense Importance is not discerned. If We do not maintain an Independence in our foreign Politicks, if We do not avoid Frivolity, Intrigue and Chicane, and rest upon our proper Basis, Reason and Right our Posterity will have reason to regret it for Ages and forever. We shall be made the Sport. We are not and never shall be a Match for them, in Power and Magnificence Intrigues of Pleasure, Bribes and Corruption, and the moment We tolerate this Method in our Ministers, we are hurried down a torrent. Whereas it is the easiest Thing in the World to make ourselves respected, by standing upon national Interests.
In Time We shall have Courage equal to our Strength. It is worth while to go abroad, to see by what Men this World is governed—and by what Women!

[salute] Adieu, my dear Friend, remember me

RC (ICN: Herbert R. Strauss Coll.).
1. Gerry played a major role in obtaining JA's 1779 appointment to negotiate Anglo-American treaties of peace and commerce, but see in particular his 29 Sept. 1779 letter { 148 } informing JA of his selection and the circumstances by which it came about. There he wrote that “I flatter myself that You will not hesitate a Moment, at accepting the highest office of Honor and Trust, under the united States, when elected thereto by the Voice of eleven States” (vol. 8:179–184).
2. From top to bottom.
3. The combined fleet commanded by Spanish Admiral Córdoba, with a French contingent led by Guichen, was to be joined by a squadron from Brest under La Motte-Picquet in early July. Its objective was to block the mouth of the English Channel and thereby positioning itself to intercept convoys and hopefully bring the inferior British channel fleet to battle. While the presence of the combined fleet did free the Dutch fleet at Texel for operations in the North Sea, it produced few other tangible results. Early in his voyage, Córdoba captured nineteen vessels of a convoy bound to Newfoundland, but he was unable to intercept a far more valuable Jamaican convoy or force a decisive battle with the channel fleet (Dull, French Navy and Amer. Independence, p. 290–291; Mackesy, War for America, p. 478–479).
4. The intrigues emanating from Russia and Denmark stemmed partly from Charles James Fox's proposal for a settlement of the Anglo-Dutch War based on the terms of the Anglo-Dutch Treaty of 1674, which would have placed Britain's maritime policy toward neutrals in accord with the principles of the Armed Neutrality. The proposal, first made in March and renewed in May, had no chance for success because of French opposition and Dutch recognition of the United States, but it encouraged Russia, supported by Denmark, to revive the proposal for an Austro-Russian mediation of the Anglo-French War (vol. 12:389–390). It is not surprising that JA dismissed as pointless an effort to revive the mediation in the summer of 1782 in view of the fact that he had rejected it unequivocally in conversations with Vergennes in July of 1781, for which see vol. 11:index. But Fox's proposal also was part of his effort to create a northern alliance composed of Britain, Russia, Prussia, and possibly Denmark, a diplomatic colossus that would enable Britain to obtain a favorable peace. It failed for a variety of reasons but most importantly because Russia had a secret alliance with Austria and thus could not enter into an alliance with Prussia (Scott, British Foreign Policy, p. 318–319).
5. Gerry and James Sullivan were elected to Congress in 1782 but neither attended. Jonathan Jackson and John Lowell each served for part of 1782 (Smith, Letters of Delegates, 18:xviii–xix; 19:xx). Parsons is likely Theophilus Parsons, who served with JA in the state constitutional convention of 1780 but never was elected to Congress.

Docno: ADMS-06-13-02-0089

Author: Adams, John
Recipient: Warren, James
Date: 1782-07-02

To James Warren

[salute] Dear Sir

It is a long time Since I had a Line from you, and from Sickness, and various Engagements it is long since I had the Pleasure of Writing to you.1 I Suppose that Milton Hill, furnishes you with Amusement enough, in your beloved science and Practice of Agriculture. I wish I had Fortune enough to purchase me an equal Farm upon Pens Hill, and enter into an Emulation with you, which should make his Hill shine the brightest. I find that the various Combinations of street Dust, Marsh Mud and Horse dung furnish a more delicate Employment, than the foul Regions of machiavillian Politicks. Yet when Honest Wisdom tryumphs over its opposite, as is sometimes the Case, Politicks themselves offerd an Exquisite Entertainment, to a well regulated Mind.
It is a Problem at present whether the English will evacuate { 149 } N. York and Charlestown or not. It is very probable they would if they could, but how to get away. A great Number of Transports must be had—these must be protected by a superiour Fleet. If Pigot, who succeeds Rodney2 should go with the whole Fleet, the French and Spaniards may do Mischief in the West Indies in the meantime.
It is supposed, that Carleton, has orders to make Propositions to Congress but what can they be?3 Reconcialion, Seperate Peace, even upon an express Acknowledgment of our Independence, can never be thought of. We must keep our faith and not violate our Treaties—it is whispered too that the Garrisons of N. York and Charlestown are to be removed to Rhode Island, which is to be fotified as a Place of Arms &c. This Policy is beyond my Comprehension. There is but one sensible system for the English, and it is amazing to me they dont see it, that is evacuate the United States and declare them by an Act of Parliament independent. Then, they might defend themselves better against France and Spain and other European Powers, would wish them success, and aid them by Negotiation to obtain more favourable Terms of Peace. But the present British Ministry have forced themselves into Power, partly by decrying the Capacity and Activity of the old Ministry and partly by Promisses to the King and Nation that they had Address enough to make a seperate Peace with America and Holland. Both these Professions were false—they now appear to be so—and the Ministry know not what to do.
The present Ministry therefore, as I conjecture will languish away the time undecided what to do, untill they become as unpopular as the past, unless the Parliament Should be dissolved, and a new Election should give them a more decided Majority, ready to vote for American Independance—the Principles of the Armed Neutrality; Fisheries to France and spain, Restitutions to Holland, Gibraltar and Minorca to Spain &c. &c &c.
Thus it is that an Empire has, in a Frenzy, committed Suicide upon itself, almost as suddenly, as one of its Individuals could have Swallowed a Pistol Bullet.
They have Succeeded in propagating a general opinion in Europe that Peace will be soon made, and that their Stocks will rise after a Peace which opinions have actually raised them before the Peace, 5 or 6 Per Cent, by foreigners sending over considerable sums to purchase in, if the Conferences for Peace should be broken off, the Stocks will fall again. Both Sides will be loth to break off: but I really dont expect that any Thing will come of them this year.
{ 150 }

[salute] My most profound Respects to your good Lady.

[salute] Adieu.

RC (MHi: Warren-Adams Coll.); endorsed: “Mr J A. Letter July 2. 82.”
1. James Warren's last letter to JA was of 4 June 1781 (vol. 11:352–353), but JA had written to Warren on 17 June, above.
2. Admiral Hugh Pigot replaced Sir George Rodney as admiral of the British fleet in the wake of the fall of the North government in March 1782. This proved an embarrassment for the new Rockingham government when news subsequently reached Great Britain of Rodney's victory at the Battle of the Saints. The government tried to undo its decision and recall Pigot, but he had already sailed for the West Indies (Mackesy, War for America, p. 472–473; Alfred Thayer Mahan, The Major Operations of the Navies in the War of American Independence, Boston, 1913, p. 225).
3. For the proposals to be made by Sir Guy Carleton, commander of the British forces in America, see vol. 12:414–415; for Congress' reaction, see Robert R. Livingston's letter of 22 May, and note 1, above.

Docno: ADMS-06-13-02-0090

Author: Neufville, Jean de, & Fils (business)
Recipient: Adams, John
Date: 1782-07-02

From Jean de Neufville & Fils

[salute] Sir

We have to apprize your Excellency that we have received Two Bills of the United States in date of the 6th. July 1780 No. 84 and 85 a Six Months Sight, to the order of Joseph Carleton,1 drawn on the Honourble. Henry Laurens Esqr. for f 550 each, and to request you will inform us, where, we are to send 'em for Acceptance, And at the same time that you would be pleased to inform us whether it is your Wish we should carry the Amount of what you are indebted to us, (as mention'd pr. our letter of 31st. May) on Accot. of the States, and your own, to a new Accot., being as [per] our last together f 3772:17:8 as from our Senior Mr. J—— De N——'s having retired from Business, it becomes Necessary.2
With due respect We have the honour to be Your Excellency's Most Obedient & Hble: Servt:
[signed] John de Neufville Son
1. Joseph Carleton (1754–1812) was paymaster and secretary to the Board of War (JCC, 13:128; PCC, No. 49, f. 578).
2. The de Neufville firm was presumably creating new accounts for its clients upon Jean de Neufville's retirement. For an earlier reference to de Neufville's retirement, see his letter of 5 June, above.

Docno: ADMS-06-13-02-0091

Author: Adams, John
Recipient: Mazzei, Philip
Date: 1782-07-03

To Philip Mazzei

[salute] Sir

I have received the Letter, which you did me the Honour to write me the 21. May, and thank you for your Congratulations, on the { 151 } Tryumph the American Cause has gained, in this Country. I call it a Tryumph because, it prevailed over great obstacles, long Habits of Friendship, vast Interests of Capitalists in the Stocks, intimate ancient and modern Connections of ruling Families, and multifarious little Intrigues, from Several other Courts; I cannot call them refined as you do: to me, they appear gross.
I am not able to give you any Advice in the World. I dont believe you will succeed in any Attempt to borrow Money, but you may know better than my belief.
England is not cured of her Delirium, as yet. But the Devil is in the other Powers of Europe, if they Suffer the war to continue much longer. We shall have Ireland, in Alliance with America, France, Spain and Holland, very soon for what I know: and a lucky or unlucky Game and Cards may throw all Europe together by the Ears.
It is so easy and Simple to pacify the Universe that it is amazing it is not done. The System of Mankind is arranged exactly for the Purpose. There is nothing wanting, but for the confederated Neutral Powers, to admit the United States of America, to acceed to the Principles of the armed Neutrality, and the Business is done. England herself would rejoice in it, and, in her Heart thank those Powers, and the belligerent Powers, after this, would chicane but a very little time about Peace.
By keeping open this Dispute, the Neutral Powers may begin to think England too much weakened, and France and Spain too much Strengthened and by and by all may be embroiled. I dont know that America, need distress herself much about this, for the more miserable the Powers of Europe make their Subjects at home, the more will emigrate.
England is So equally divided into Parties, that neither has an Influence decided enough to acknowledge American Independence: but if the Example were set by the neutral Powers, the honest Party in England, would gain by it, Sufficient Authority to venture on the step.
If you are in a Situation to learn the refined Intrigues, as you call them, here, I wish you would explain them to me, for one can learn more in such a round about way, of such Things, than is to be got directly, nearer home.
We may make ourselves very easy, for neither “refined Intrigues” nor crude Intrigues, nor gross Intrigues, nor wicked Intrigues, can { 152 } much injure Us. The Rescources of our Country appear greater and greater, every Year and the Population, Wealth, and Power of the United States, augment every day, in the midst of the War. I have recd a Letter within four days from Boston1 which informs me, that the Numbers of People, have increased by many Thousands, Since a Valuation in 1778, according to a new one lately taken, that the Property was proportionally increased, and that even the horned Cattle had increased by many Thousands, notwithstanding the immense Consumption of Beef, by the American Army, the French, Spanish and even English Fleets and Armies, in the West Indies, and in the United States, for all those derive a great Part of their supplies of Provisions, directly or indirectly from New England.
Old England deserves to be damned, and will be, without Repentance for having ever indulged the desire or conceived the Thought of enslaving such a Country: and a great Part of Europe deserve little less, for having viewed the accursed Project, with so much Indifference and Lukewarmness. I never could find an Image to represent the wickedness of this attempt in Britain. Herods murder of the Innocents was a trifle in comparison.2 Lady Macbeth uttered a Sentiment a little like it.

“I have given Suck; and know how tender tis to love

the Babe that milks me: yet would I: even when 'twas

smiling in my face; have plucked my Nipple from its

boneless Gums and dash'd the Branis out.”3

Stop Mother! You may pluck away the Nipple, if you please But the Boy is too big for the rest—have a Care, Mamma!
Such a total Deprivation of all the Moral Sentiments and natural Feelings, must and ever will be punished. Let Us lament that human Nature is capable of such Baseness, but let Us rejoice too, that it is capable of Elevation enough to resist it.

[salute] But I am wandering while I should asure you of the Esteem &c.

1. This letter may have been Isaac Smith Sr.'s of 6 May, which has not been found but is mentioned in JA's letter of 1 July to AA (AFC, 4:337–339). The economic information as related by JA was similar to that conveyed in other letters from Smith. See, for example, his letters to JA of 7 Sept. (same, 4:378–379) and 9 Oct., below.
2. For Herod's murder of every male child in Bethlehem under two years of age after Jesus' birth, see Matthew, 2:16.
3. Shakespeare, Macbeth, Act I, scene vii, lines 55–58. For previous references by JA to this passage, see vol. 9:89; 10:439.

Docno: ADMS-06-13-02-0092

Author: Adams, John
Recipient: Neufville, Jean de, & Fils (business)
Date: 1782-07-03

To Jean de Neufville & Fils

[salute] Gentlemen

I have received your Letter of Yesterday, and as to the Bills of Exchange, you will please to Send them to me, for Examination and Acceptance.
As to your Accounts; I called, at your House, the Morning I left Amsterdam, with the Cash in order to discharge them, but not finding you within I was obliged to come away to this Place, from whence I wrote to Messrs Willinks &c desiring them to pay you, who answered me that they had offered it, but you had made Some difficulty about receiving it.1
However, whenever, or wherever it is paid, there must be two Accounts made out, one against the United States of America, and the other against me, and whenever this is done I am ready to pay the Money here, or Messrs Willinks &c will pay it at Amsterdam, but Receipts must be taken upon each Account as a Voucher.
I Shall not dispute the Articles of the Accounts although I think it was very imprudently managed to pay the Stamps &c &c upon all the obligations, before it was known, that [not] more than four of them could be disposed of. And the Expences for Advertisements in the News Papers when there could not be more than four or five Creditors or Possessors of Obligations, appear still more extraordinary.
I will enter however into no Disputes but pay the Accounts when presented to me or desire Messrs Willinks &c to pay them when presented to them, that there may be an End of this Business.
Meantime I have the Honour to be, your most obedient sert
[signed] J. Adams
P.S. There is the Expence of the Picture of General Washington, and that of the Frame of my sons,2 which I beg you to add to my private Account, as I see those Articles are omitted.
1. See JA to Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, 13 June (1st letter), and their reply of 21 June, both above.
2. For these portraits, see also Household Inventories of the U.S. Legation at The Hague, 14 May 1782 – 24 June 1784, No. II. Marie Dumas' Inventory of Household Furnishings, 22 June 1784, notes 1, 3, and 4, above.

Docno: ADMS-06-13-02-0093

Author: Adams, John
Recipient: Rutledge, Edward
Date: 1782-07-04

To Edward Rutledge

[salute] Dear sir

I do my self the Honour to inclose these Papers relative to the Chester, to you, and to beg the Favour of your Attention and Advice, to the Gentleman who bears them.1
The owners are very confident that Injustice has been done them. There was no Claim; and they say that the Privateers, contrary to their Bonds, Sent away the Master, and other Persons who could have claimed for them. That no British Subject, had directly or indirectly any Interest in Vessell or Cargo. The owners are very respectable People and I should be very happy to have them convinced, that no Injustice has been done them, if that is the Case, or to obtain Justice for them if they have been wronged. If the Privateers went contrary to their Bonds, those Bonds may be put in suit, for the Benefit of the Injured, or I suppose an Action for Damages would lie against the Commanders.
I congratulate you most Sincerely, on your Restoration to Liberty,2 and live in hopes of sometime meeting you, again in Congress.

[salute] With great Esteem &c

1. The person carrying this letter has not been identified, but JA's purpose in writing is to introduce him to Rutledge as a Charleston lawyer well qualified to represent the owners of the Chester, a Dutch sloop captured by the South Carolina privateers Experiment and Fair American in 1777. The case ultimately was settled in favor of the captors in 1787. For previous references to the Chester, particularly the letter of 17 June 1781 from F. & A. Dubbeldemuts, Rotterdam merchants with an interest in the vessel, which may have included the otherwise unidentified documents included with this letter, see vols. 7:288, 289; 11:378–379, 380–381.
2. Rutledge had been captured at the fall of Charleston in May 1780 and held at St. Augustine from Sept. 1780 until he was exchanged in July 1781 (DAB; Smith, Letters of Delegates, 17:434).

Docno: ADMS-06-13-02-0094

Author: Hodshon, John
Recipient: Adams, John
Date: 1782-07-04

From John Hodshon

[salute] His Excellencÿ

By Capt: Trowbridge arrived from Boston received à Letter from our Mutual friend M. Isaak Smith1 with Two Bills on the Honnourable Henry Laurens Esqe. for bf550. Each which presúmed to present your Excellencÿ for Acceptance and request to retúrn the Same.
At same Time Shall be Obliged to your Excellencÿ to be Informed where to present the six Bills for payment falling due the 4 of next Month.
{ 155 }
I am on all Occasions with the profoundest Esteem and Consideration His Excellencÿ Your Most Obd: & Much Obligd Servt
[signed] John Hodshon
1. Isaac Smith Sr. was AA's uncle and a business associate of Hodshon. In 1780 Smith had forwarded a letter through Hodshon to JA at Paris (AFC, 3:285).

Docno: ADMS-06-13-02-0095

Author: Livingston, Robert R.
Recipient: Adams, John
Date: 1782-07-04

From Robert R. Livingston

No: 9
Triplicate

[salute] Sir

By every late advice from Holland we learn their disposition to enter into a Treaty with us and tho' we have no intelligence from you since the 11th: of March, we Still presume that you have ere this been received in your public Character—no wise governmt: constituted as that of the United Provinces is, will venture long to oppose the wishes of the people. I am very Solicitous to know how you have availed yourself of the opening this has Afforded you.1
If you have been unconditionally received, it will give you more leisure to mature the plan of a Subsequent Treaty, which is too important in its Consequences to be hurried—if possible, it were to be wished that the heads of it as proposed on either Side, could be sent here and submitted to the Judgment of Congress, before any thing was absolutely agreed. The independency to which each of the states are entitled renders great caution in all commercial engagements not provided for particularly by the confederation absolutely necessary for which reason I should prefer definite Articles to loose expressions of standing on the same ground with the most favoured nations. Our Connexion with the West Indies renders it proper to lay that Trade as open to us as possible. Great benefit would result both to us and the Dutch from giving us one or two free ports in such of their Colonies as raise Sugars, where we could exchange the produce of both Countries, and check that monopoly which other nations will endeavour to create at our Expence. Nothing will encourage the growth of such Colony or enable them to raise sugars to more advantage than the cheap and easy rates at which they would thereby receive the produce of this Country. I need not urge the propriety of availing yourself of your present situation to procure a Loan. You may easily convince the government of the Validity of the { 156 } security which it is in the power of a growing Country, as yet very little incumbered with debt to give That security will derive new force from our being a Commercial people, with whom public Credit is almost invariably preserved with the most scrupulous attention. And such is our present Situation that a Twentieth part of what Great Britain expends annually in her attempt to enslave us, would be more than Sufficient to enable us to defeat all her attempts and to place our finances on the most respectable footing. I see the people of the United Provinces are struck with the importance of forming a commercial connection with us, when ours with Britain is dissolved. Not only Congress, as appears by their public Acts, but the whole body of the people are strongly opposed to the least intercourse with Britain. This would effectually prevent it, if in addition thereto three or four large frigates or two fifties could be stationed in the Delaware or Chesapeak, So as to protect our Commerce against the British frigates from New York. In this case a Voyage to this Country and from thence to the Islands, where our flour and lumber commands the highest price either in money or produce affords the fairest prospect to the European merchant of the most profitable returns. Tobacco and bills offer a more direct return to those whose Capitals will not permit them to engage in the circuitous Commerce I have mentioned.
This Letter is hastily written, as the express that carries it is to go off this evening and I have several others to write. I mention this that you may not consider any thing it contains as an instruction from Congress to whom it has not been submitted.
I have the honor to be, sir With great respect & esteem Your most obedt humble servt:
[signed] Robt R Livingston
RC (MHi: John Adams, Embassy MSS); endorsed: “Mr Livingstons Letter of 4. July 1782. triplicate. No: 9. ansd.”
1. JA's letter of 11 March, together with those of 27 Feb. and 10 March (vol. 12:308–310, 274–277, 304–305) had arrived on 31 May (PCC, No. 185, III, f. 29). Since then, on 24 June (same, f. 31), Livingston had received JA's first and second letters of 25letters of 25 (2) and 29 Dec. 1781 and 14 and 15 Jan. 1782 (all calendared) to the president of Congress and JA's letter of 14 Feb. to himself (vol. 12:158, 165–166, 186–191, 233–235). JA's letter of 19 April, announcing his admission as the U.S. minister at The Hague, was received on or about 14 Sept. (vol. 12:420–428).

Docno: ADMS-06-13-02-0096

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-07-05

To Edmund Jenings

[salute] Dear sir

Will you be so good as to inclose the inclosed to your Friend B and tell him that your humble servant is not the ill natured Mortal that Anonimous Gentry represent him.1
Pray what is the News about Peace? You know I presume the whole History of it. I know nothing. Is Mr Jay arrived at Paris? Is, the U. S. of America a belligerent Power? Where is the combined Fleet? Is Gibraltar to be relieved? Is common sense ever to return to G. B.? Is the Pope about to abolish the Inquisition? The Celibacy of the Clergy? &c dont the Emperor make another Journey this summer?
The States of Holland are assembled and next Wednesday go upon my Treaty—and they Say We shall soon agree.2 The Dutch Fleet too they say is going out. What a Scourge to his Country is that Rodney? His Countrymen, as soon as ever they begin to come to their senses, have their Heads turned again by some of his Feats? But it cannot be always so—a few more thirty Millions, will drain the Fountain.
Pray have you any certain Intelligence that Mr A. Lee is in Congress. I see by the Papers Mr Izzard is chosen?3
Adieu
1. See the anonymous letter attacking JA that Jenings received from his friend Edward Bridgen and then enclosed with his letter of 6 June to JA, above.
2. That is, on 10 July. A printed copy of the report on the treaty that the Provincial States of Holland and West Friesland adopted on 18 July is in the Adams Papers. There it is accompanied by a partial French translation in Dumas' hand. The focus of the report was on the revision or omission of Arts. 22 and 23 of the draft treaty, for which see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., below.
3. Arthur Lee had been elected to Congress in Dec. 1781 and reelected in June 1782. He served for lengthy periods in 1782, and in July he was in attendance in Philadelphia. Ralph Izard was elected to Congress in Jan. 1782 and served through much of 1782 into 1783 (Smith, Letters of Delegates, 18:xxiii, xxii; 19:xxv, xxiv).

Docno: ADMS-06-13-02-0097

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-07-05

To Robert R. Livingston

[salute] Sir

Soon after my publick Reception by their High Mightinesses The Body of Merchants of the City of Schiedam, were pleased to send a { 158 } very respectable Deputation from among their Members, to the Hague, to pay their Respects to Congress and to me as their Representative, with a very polite Invitation to a publick Entertainment in their City, to be made upon the occasion.1 As I had Several other Invitations from various Places and Provinces about the Same Time, and had two many Affairs upon my Hands to be able to accept of them, I prevailed upon all to excuse me, for Such Reasons as ought to be and I Suppose were Satisfactory. The Deputies from Schiedam requested me to transmit from them to Congress, the inclosed Compliment, which I promised to do. I was much affected with the Zeal and ardour of these worthy Gentlemen and their Constituents, which with many other Things of a Similar Kind, convinced me, that there is in this Nation a strong Affection for America and a Kind of religious Veneration for her just Cause.2
With great Respect, I have the Honour to be sir, your most obedient & most humble sert
[signed] J. Adams
RC and enclosure (PCC, No. 84, IV, f. 113–122); endorsed: “a Letter from Mr Adams, July 5th: 1782.”
1. See C. W. F. Dumas to JA, 30 April, note 1 (vol. 12:474–475), and JA to Dumas, 2 May, and Dumas' Address to the City of Schiedam, [8 May], both above.
2. The enclosed “compliment” was addressed to JA, dated 24 April, and signed by six deputies appointed by the merchants and traders of Schiedam. Therein was recounted the Dutch struggle for independence against Spanish tyranny, the remembrance of which required Dutch support for the American cause. The merchants congratulated JA on being the representative of “l'Illustre Congrès Américain” and celebrated that “Jour Glorieux” when the Netherlands recognized the United States and cemented a lasting relationship between the two nations. The address ended with the merchants' expressing their hope that the products of Schiedam could be imported into the United States without being subjected to heavy duties. For an English translation of the address, see Wharton, Dipl. Corr. Amer. Rev., 5:596–597.

Docno: ADMS-06-13-02-0098

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-07-05

To Robert R. Livingston

[salute] Sir

I have the honour to inclose Copies in Dutch and English of the Negotiation, which I have entered into, for a Loan of Money.1 My Commission for borrowing Money, promises to ratify what I should do;2 and the Money Lenders, require Such a Ratification, which Messrs Willinks, Van Staphorsts, and De La Lande and Fynje, have engaged Shall be transmitted. Authentic Copies of the original Contracts, in Dutch and English, are inclosed for the Ratification of Congress, which I must intreat them to transmit forthwith, by various opportunities, that We may be Sure of receiving it, in time; for I { 159 } Suppose, the Gentlemen will not think it Safe, for them to pay out, any considerable Sum of the Money, untill, it arrives.3
Although I was obliged to engage with them, to open the Loan for five Millions of Guilders, I dont expect We Shall obtain that Sum for a longtime. If We get a Million and an Half, by Christmas it will be more than I expect.
I Shall not venture to dispose of any of this Money, except for Relief of escaped Prisoners, the Payment of the Bills heretofore drawn on Mr Laurens, which are every day arriving, and a few other Small and unavoidable Demands, but leave it entire to the Disposition of Congress, whom I must intreat not to draw, untill they receive Information from the Directors of the Loan, how much Money they are Sure of; and then to draw immediately upon them.
These Directors are three Houses, well esteemed in this Republick Messs Wilhem and Jan Willink, Nicholas and Jacob Van Staphorst and de la Lande and Fynje.
I have made the Contract, upon as good Terms as I could obtain—Five Per Cent Interest—Two Per Cent to the House or rather to the Society of Houses—Two Per Cent to the undertakers—and half Per Cent for Brokerage and other Charges. This four and an half Per Cent, together with one Per Cent for receiving and paying off, the annual Interest, is to include, all the Expences of the Loan of every Sort. These are as moderate Terms, as any Loan is done for. France gives at least as much, and other Powers much more.4
I must beg, that the Ratifications of the Obligations may be transmitted immediately by the way of France, as well as Holland by Several opportunities.
The Form of Ratification, must be Submitted to Congress. But would it not be Sufficient to certify, by the Secretary in Congress, upon each of the Copies inclosed in English and Dutch, that they had been received and read in Congress, and thereupon resolved that the original Instruments, executed by me, before the Said Notary be, and hereby are ratified and confirmed.
The Form of the obligations is Such, as was advised, by the ablest Lawyers and most experienced Notaries, and is conformable to the usage when Loans are made here for the Seven Provinces. It is adapted to the Taste of this Country, and therefore lengthy and formal, but it Signifies no more, in Substance, than, “that the Money being borrowed, must be paid.”
With great Respect and Esteem, I have the Honour to be, Sir, your most obedient & most humble Servant
[signed] John Adams
{ 160 }
RC and enclosure (PCC, No. 84, IV, f. 95–112); enclosure endorsed: “Copy Contract with certain money lenders in Holland.”
1. Enclosed with this letter were five copies in Dutch and English of JA's loan contract with Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, [11 June], above. This letter and the contracts in turn were enclosed with the loan consortium's letter of 11 July to Robert R. Livingston (PCC, No. 78, XIV, f. 523–526). For JA's transmission of the letter printed here, together with four additional copies of it, to the consortium, see his letter of 10 July to Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, below.
2. See JA's commission of 20 June 1780 to negotiate a loan (vol. 9:452–453).
3. For the consortium's explanation to Congress of how the money would be paid out, see the 11 July letter from Wilhem & Jan Willink and Nicolaas & Jacob van Staphorst, note 4, below.
4. Compared to the 5 percent interest rate paid by the United States, Britain was borrowing at 3.25 percent and France at nearly 6 percent. For an evaluation of the loan and the terms obtained by JA, see James Grant, John Adams: Party of One, N.Y., 2005, p. 272–276.

Docno: ADMS-06-13-02-0099

Author: Adams, John
DateRange: 1782-07-05 - 1782-07-08

A Memorial to the Sovereigns of Europe

[salute] Sir

This War has already continued so many Years, been extended to so many Nations, and been attended with so many unnatural and disagreable Circumstances that Every Man, who is not deficient in the Sentiments of Philanthropy, must wish to see Peace, restored upon just Principles, to Mankind:2 I shall therefore make no other Apology, for the Liberty I take in Writing this Letter, not in a public ministerial Character, but in a private and confidential Manner So that it is not expected or desired that you should make any further Use of it, then for your private amusement, unless you should judge it proper, to take any publick steps in Consequence of it, in which Case you are at Liberty to make what Use of it you think proper.
All the World professes to wish for Peace: England professes Such a Desire, France, Spain, Holland and America, profess it. The neutral Powers, profess it, and Some of them are giving themselves much Trouble, by Negotiations and offers of Mediation to accomplish, it, either generally or at least partially. All the Nations at War with England seem to be be very well agreed in the Sentiment, that any partial or Seperate Peace, would only retard a general Peace, and therefore do more harm than good, and this Sentiment, is past all doubt perfectly just.
What Measures than can be taken, with any plausible appearance of Probability, to bring about a General Peace?
Great Britain, is in a Situation as critical as any Nation was ever known to Stand in. Ireland and all her foreign Dominions discon• { 161 } tented, and almost ripe to follow the Example of the United states of America in throwing off, all their Connections with her. The Nation at home, nearly equally divided between the old Ministry and the New, and between the old System and the new, So that no Party, has an Influence sufficiently clear to take any decided Step. A Sentiment of Compassion for England3<and a Jealousy of the growing Commerce and naval Power of their Ennemies>,4 may take Place in Some of the neutral Powers, and after sometime induce them, especially if any new Motive should turn up, to become Parties to the War, and thus involve all Nations in a flame.
America has perhaps the least to dread, perhaps the most to gain by Such an Event of any of the Nations of the World. She would wish however to avoid it. But the Question is, in what manner?
If England could be unanimous, in the only Plan of Wisdom she might easily resolve this Question, by instantly declaring the United states of America, A souvereign and independent state—and by inviting them as Such to a Congress, for a general Pacification, under the Mediation of the two Imperial Courts as was proposed last Year.5 But the present british Ministers are not Sufficiently Seated in the Confidence of the King or the Nation to venture upon so Striking a Measure. The King would be displeased, the Nation allarmed, and the old Ministry and their Partisans, would raise a popular Cry against them, that they had Sacraficed the Honour and Dignity of the Crown and the essential Interests of the Nation.
Something is therefore wanting, to enable the Government in England to do what is absolutely necessary for the Safety of the Nation. In order to discover what that is, it is necessary to recollect, a Resolution of Congress of the
5th. of October 1780, in these Words
“Her Imperial Majesty of all the Russias, attentive to the Freedom of Commerce, and the Rights of Nations, in her Declaration to the belligerent and neutral Powers, having proposed Regulations founded on Principles of Justice, Equity and Moderation, of which their most Christian and Catholic Majestys, and most of the neutral maritime Powers of Europe, have declared their Approbation, Congress willing to testify their Regard to the Rights of Commerce, and their Respect for the Sovereign, who hath proposed, and the Powers who have approved the said Regulations.
Resolve, that the Board of Admiralty prepare and Report Instructions for the Commanders of armed Vessells, commissioned by the { 162 } United States, conformable to the Principles contained in the Declaration of the Empress of all the Russias, on the Rights of neutral Vessells.
That the Ministers Plenipotentiary, from the United States, if invited thereto, be, and hereby are, respectively impowerd to accede to Such Regulations, conformable to the Spirit of the Said Declaration, as may be agreed upon, by the Congress expected to assemble in pursuance of the Invitation of her imperial Majesty.”6
This Resolution, I had the Honour on the 8th of March 1781 of communicating to their High Mightinesses, and to the Ministers of Russia, Sweeden and Denmark residing at the Hague, and to inform them, that I was ready and desirous of pledging the Faith of the United states, to the Observances of the Principles of the armed Neutrality, according to that Resolution of Congress.7
Now I Submit it to your Consideration sir, whether the Simplest and most natural Method of bringing this War to a General Conclusion is not, for the neutral Powers to admit a Minister from Congress to acceed to the Principles of the marine Treaty of Neutrality in the Same manner as France and Spain have done.
But it will be Said this is Acknowledging the Souvereignty of the United States of America. Very true—and for this very Reason it is desirable, because it settles the main question of the Controversy, it immediately reconciles, all the illdisposed Part of the English Nation to the Measure, it prepares the Way to the two Imperial Courts to invite the Ministers of the United states of America to a Congress, for making Peace under their Mediation, and enables the British Ministry to reconcile the King and the present opposition to an Act of Parliament declaring America independent, and most probably is the only Method of Saving Great Britain herself from all the Horrors of an internal civil war.
This great Point once decided, the Moderation of the belligerent Powers and the impartial Equity of the two imperial mediating Courts, would leave no room to doubt of a Speedy general Peace.
Without Some such Interposition of the Neutral Powers, the War will probably be prolonged untill a civil War breaks out in England, for which the Parties there appear to be nearly ripe. The Vanity of that Nation will always enable artfull Men to flatter it, with illusive hopes of Divisions among their Ennemies, of Reconciliation with America, and of Seperate Peace with some that they make take vengeance on others. But these are all Delusions—America will never be unfaithfull to their Allies nor to herself.
{ 163 }
I wish therefore, Sir, for your Advice, whether it would not be prudent for the Sates General to take Some Steps. To propose this matter to the Considerations of the Empress of Russia, the Emperor of Germany and all the other Neutral Courts—or at least to instruct their Ambassadors at all those Courts, to promote, the Admission of the United states of America to become Parties to the late Marine Treaty.8
LbC (Adams Papers); located between items dated 5 and 8 July.
1. This date is derived from this letter's location in the Letterbook between JA's second letter of 5 July to Robert R. Livingston (above) and that of 8 July to John Jay (below), but see also note 3. The caption is taken from JA's comment following the letter as printed in the Boston Patriot of 17 April 1811. There he wrote: “N. B. in 1810. This letter in the substance of it, was afterwards transformed into 'A memorial to the sovereigns of Europe,' and published in the gazette of Leyden, and from that into many other journals, without any names.”
Although a revised version of this letter was published in several newspapers, European and American, it seems likely that when JA wrote it he had a recipient in mind, possibly the French ambassador, the Duc de La Vauguyon. This may be indicated by JA's statement in the first paragraph that he was not writing “in a public ministerial Character” but rather intended the letter for the recipient's “private amusement” unless he judged “it proper, to take any publick steps in Consequence of it.” Further evidence that JA did not initially intend the letter for publication is his statement immediately after the text of Congress' resolution of 5 Oct. 1780 that “This Resolution, I had the Honour on the 8th of March 1781 of communicating to their High Mightinesses.” That, plus the reference in the first paragraph, clearly identified JA as the author, something that he likely would not have done if he originally intended to publish the letter.
At some point JA decided not to send the letter but rather to have it published, and to facilitate that effort he had C. W. F. Dumas translate the letter. The format of Dumas' very literal translation in his letterbook (Nationaal Archief, The Hague, Dumas Papers, Microfilm) makes it almost certain that it was done from JA's Letterbook copy, and it is clear that all of the French printings were derived from that translation. Although it is impossible to know with certainty how many European newspapers the letter appeared in, JA wrote to JQA on 18 Aug. that it had been printed in the Courier du Bas Rhin, the Gazette de Leyde, and the Gazette de la Haye (AFC, 4:366–367). It also appeared in Courier de l'Europe of 23 Aug. and Lepolitique hollandais of 26 August. JA sent a copy of the Courier du Bas Rhin containing the piece to Cotton Tufts, who had it translated and printed in the Boston Evening Post of 2 Nov. (same, 5:12, 14).
Before the letter was published, the salutation, date, and personal pronouns were removed. Because these alterations did little to change either the meaning or the tone of the letter, they have not been indicated by specific notes. But two changes were significant: the removal of a portion of the first paragraph and the replacement of the final paragraph with a wholly new creation, for which see notes 2 and 8. It cannot be determined whether JA, or perhaps Dumas, made the changes before the document was submitted for publication or whether one of the publications' editors made them before publishing the piece. What is clear is that the copy printed in the Gazette de Leyde of 11 Aug. is identical to that in the Courier de l'Europe and Le politique hollandais and, from an examination of the English translation in the Boston Evening Post, to that in the Courier du Bas Rhin. In the Gazette de Leyde the proposal was preceded by a short introduction commenting on Britain's difficulty in deciding how and when to recognize the United States as a party to peace negotiations and offering JA's proposal as a means to cut the Gordian knot. In the Boston Evening Post, apparently the only American newspaper in which it appeared, it was prefaced by the headnote: “The following speculation on the most likely means of bringing about a general peace, was published in Europe in the month of August last. { 164 } | view It is said to have been written by an American gentleman now residing in Holland, whose great abilities as a statesman are universally acknowledged. If you think that its publication, though under the disadvantage of a translation, will be acceptable to your readers, it is at your service.”
2. As printed the remainder of this paragraph was omitted.
3. JA's remarks here and in the second paragraph below about the British ministry refer to the overthrow of the North ministry and its replacement by Rockingham's, and are similar to the sentiments expressed in his letter of 8 July to John Jay (below). This is another indication that JA wrote on or before 8 July, because in the letter to John Jay of that date it is clear that JA did not yet know of Rockingham's death, which was first reported in the Gazette d'Amsterdam of 9 July.
4. When JA prepared the letter for publication in the Boston Patriot, he restored this passage.
5. For the proposed Austro-Russian mediation, see the indexes to vols. 11 and 12 and the index to this volume, below. The proposals contained in this letter and later in the published version, however, had been overtaken by events. By July 1782 direct, if only preliminary, negotiations aiming toward a peace were already in progress among Britain, France, Spain, and the United States. This effectively made the proposed Austro-Russian mediation or the League of Armed Neutrality's recognition of the United States irrelevant.
6. JCC, 18:905–906.
7. Vol. 11:182–185 .
8. As printed in Europe and America in 1782 but not in the Boston Patriot in 1811, this paragraph was replaced by the following: “Ainsi, repuë de chimères en chimères, la Grande-Brétagne verra à la fin ses maux devenir incurables; et le Système de la Neutralité-armée, qui peut-étre n'eût jamais eu lieu sans la Révolution Américaine, et qui ne scauroit subsister qu'imparfaitement, si les Etats-Unis ne sont admis à la jouissance de ses avantages et a l'observation de ses devoirs, restera sans effet et s'évanouira enfin dans l'ancienne Anarchie” (Gazette de Leyde, 11 Aug.). Translation: “Thus conducted from one chimera to another, Great Britain will finally become incurable, and the system of the armed neutrality which would never have been attempted to be formed without the American revolution, and which cannot subsist if the United States are not admitted to the enjoyment of its advantages and, the observation of its duties, will remain without effect, and vanish into its antient anarchy” (Boston Evening Post, 2 Nov.).
The reasons for the change cannot be known with certainty, but two possibilities seem likely. The first is that the change removed the last vestiges of the original letter format by deleting the appeal for advice. The second is that it provided the piece with a more decisive ending, one that emphasized the American Revolution's effect on European diplomacy.

Docno: ADMS-06-13-02-0100

Author: Neufville, Jean de, & Fils (business)
Recipient: Adams, John
Date: 1782-07-05

From Jean de Neufville & Fils

[salute] Sir

Agreable to Your Excellencys directions1 We have the honour to inclose two bills for acceptance viz.
No   84 in date of 6 July 1780   }   drawn by F Hopkinson order J Carleton on The Honble: Col Laurens for f550 each.  
“   85 . . . . . . . . do do  
Mrs. Delalande Fynje told us some time ago it is true that they had directions to pay us 2 accounts for Your Excellency one publik and one private but how great our personal reguard be for these gentlemen, we did not Suppose it was the choice of Your Excellency { 165 } that they Should look into these accounts—because that will be exactly as your Excellency will Chuse to direct us. We wonder a little at the observations you still are pleased to make upon these accounts—the Stamps could not have been got of the same date after the first Jany 82 and the 500 last were only ordered in December. We will restrain from any other observation or Apology. The frames we omitted on Purpose the print having been given by our friend Coll Trumbull we wished to pay Your Excellency the Compliment of the frame and we beg that it may stand as it is as to that of Young Mr Adams picture as their may not be the Same propriety we may add it to the account though its almost too trifling a matter to be remembered.
We have the honour to be Sir Your Excellencys Most Obedient & Very humble Servants
[signed] John de Neufville Son
1. See JA to de Neufville & Fils, 3 July, above.

Docno: ADMS-06-13-02-0101

Author: Morris, Lewis R.
Recipient: Adams, John
Date: 1782-07-06

From Lewis R. Morris

No: 1
4plicate

[salute] Sir

The same opportunity which carries this to Europe, also conveys Bills to Doctor Franklin, for the amount of the Salaries due our foreign Ministers, from the first day of January to the first day of April 1782.
Your Salary for that time is £650 stg reduced to Dollars at 4/6 sterg. is 2.777 68/90 Doles. Exchange at 6/3 Curreny for 5. Livres is. 14.583 lt Livres, You will draw on Doctor Franklin for this sum.1
I am sorry it is out of my power to include in this account, the allowance you make your private Secretary, and the contingent Expences of your Office, but not possest of any rule to estimate either of these Charges, they must necessarily remain unsettled, till we are informed of their amount, you will be pleased to advise Mr Livingston on this subject as soon as possible, with the state of your account, that it may be settled, and the arrears if any, remitted to you.
I have the honor to be your Excellency's most obedient humble Servant.
[signed] L R Morris
{ 166 }
RC and enclosure (MHi: John Adams, Embassy MSS); addressed: “His Excellency John Adams Hague”; endorsed: “L. R. Morris 6. July 1782 relative to Salary.” This letter was written on a sheet folded to make four pages. On the third page is a duplicate of Lewis Morris' letter of 9 Aug. (Adams Papers) concerning JA's salary from 1 April to 1 July, and enclosed is a bill signed by Robert Morris and drawn on the Grands at Paris for JA's salary for that period. For other copies of this letter, see note 1, below.
1. The figures given by Morris in this letter are confusing. The first problem is that he entered the wrong sum for JA's salary. In 1779, Congress set the yearly salary of a minister at £2,500 sterling per year or, as in this letter, £625 per quarter (JCC, 15:1145). In fact, Morris used that figure when he computed the sum in dollars, but the dollar amount should be 2,777 70/90 at an exchange rate of 4s. 6d. per dollar. In the second conversion to French livres tournois, Morris refers to the exchange rate between Pennsylvania currency and livres tournois. At par value, £166.67 Pennsylvania currency was worth £100 sterling. Therefore, £625 sterling equaled £1,041.67 Pennsylvania currency, which, at 6s. 3d. Pennsylvania currency per 5 , equaled 16,666 13s., rather than the 14,583 that Morris gives in this letter. However, Morris' figure is the same as that produced by using the exchange rate Congress adopted on 7 March 1783 and applied retroactively to salaries due on 1 Jan. 1783 (JCC, 24:175–176). For the effect this had on ministerial salaries, see Laurens, Papers, 16:257.
There are two other extant copies of Morris' letter, both in the Adams Papers. One is virtually identical to this letter as printed, containing the same figures and a copy of Morris' letter of 9 Aug. on the third page. The other, designated as a quadruplicate, does not give JA's salary in pounds sterling, only the dollar amount, and gives the amount in livres tournois, converted from Pennsylvania currency, correctly as 16,666 13s. The reason for the discrepancy is unknown, since all of the copies are in Morris' hand. It should be noted, however, that when JA received his salary from the Grands, the exchange rate was 24 per pound sterling, or 15,000 for the quarter (Foreign Ledgers, Public Agents in Europe, 1776–1787, DNA: RG 39 [Microfilm], f. 190).

Docno: ADMS-06-13-02-0102

Author: Adams, John
Recipient: Jay, John
Date: 1782-07-08

To John Jay

[salute] Sir

The Duke de la Vauguion has this Moment, kindly given me Notice, that he is to Send off a Courier this Evening at Eleven, and that the Dutch Fleet has Sailed from the Texel this Morning.
I shall take Advantage of the Courier Simply to congratulate you, on your Arrival at Paris,1 and to wish you and Mrs Jay, much Pleasure, in your Residence there. Health, the Blessing which is Sought in vain, among these Meadows and Canals, you can Scarcely fail of enjoying in France.
Shall I beg the Favour of you, to write me, from Time to Time the Progress of the Negotiation for Peace? The states of Holland, go upon my Project of a Treaty, the 10th. and I dont foresee any Obstacle to the Compleation of, it, Slowly however. After which I fancy I shall make a further Proposal, with great Modesty and Humility as becomes me, but which the English, if not the Russians and the Danes, will think very forward and assuming. How the Loan here is { 167 } likely to suceed I cannot as yet inform you, I am flattered with Hopes of getting a Million and an half, but I dare not depend upon one Quarter Part of that sum, nor indeed upon any Part, untill the Money is received. Appearances in this Country are not less uncertain now than they were in the Times of D'Avaux and D'Estralles.2
I hope, in God that your Spanish Negotiation has not wrecked your Constitution as my Duch one, has mine. I would not undergo again, what I have suffered here, in Body and mind, for the Fee Simple of all their Spice Islands. I love them however, because with all their Faults and under all their Disadvantages, they have at Bottom a Strong Spirit of Liberty, a Sincere Affection for America, and a Kind of religious Veneration for her Cause.
There are Intrigues, going on here, which originate in Petersbourg and Copenhagen, which Surprize me. They Succeed very ill: but they are curious—have you discerned any coming from the same sources at Madrid or Versailles? Whether the Object of them is, to Stir up a Party in favour of England to take a Part in the War, or only to favour her in Obtaining moderate Terms of Peace, or whether it is Simply, to share some of her Guineas, by an Amusement of this kind, like a game at Cards is a Problem.3
As to Peace, no Party in England Seems to have Influence enough to dare to make, one real Advance towards it. The present Ministry are really to be pitied. They have not Power to do any Thing. I am Surprized they dont all resign—if they dissolve Parliament, I dont believe they would get a better. Is Mr Carmichael4 at Paris with you, or does he continue at Madrid?5
With great Esteem I have the Honour to be Sir your most obedient servant
[signed] J. Adams
RC (NNC: John Jay Papers); endorsed: “adams. 8 July 1782 ansd 2 Augt.”
1. JA apparently learned of Jay's arrival at Paris from Matthew Ridley on 7 July (Ridley to JA, 13 July, note 1, below).
2. For JA's earlier comments on Jean Antoine de Mesme, Comte d'Avaux, and Godefroi, Comte d'Estrades, both French ambassadors at The Hague in the seventeenth century, and their accounts of negotiations with the Dutch, see vol. 12:18, 20.
3. For the intrigues and their outcome, see JA's letter of 2 July to Elbridge Gerry, and note 4, above.
4. William Carmichael was Jay's secretary at Madrid.
5. When JA wrote this letter, he did not yet know that a new ministry had been formed and that Shelburne had replaced Rockingham (for which see Matthew Ridley to JA, 13 July, note 4, below), but when he reprinted this letter in the Boston Patriot, 20 April 1811, he included the following note:
“N. B. in 1810. A single hint will explain not only this letter but the history of that time. Lord Shelbourne was an Irishman, and although equal at least, if not superior, as a statesman, to all, at least to any of either of the other parties, he was equally hated by the Scotch and the English parties. To my knowledge Fox and Burke hated him as much as North and Bute.”

Docno: ADMS-06-13-02-0103

Author: Adams, John
Recipient: Neufville, Jean de, & Fils (business)
Date: 1782-07-08

To Jean de Neufville & Fils

[salute] Gentlemen

I return you the Bills Ns. 84 and 85 for 5.50 Guilders each accepted, which you Sent me in yours of 5. July.
As to the Accounts, I know of no Reasons, for concealing those Accounts, from the Gentlemen I desired to pay them. And if you will present them to Messrs Wilhem & Jan Willink Nicholas and Jacob Van Staphorst, and De la Lande and Fynje or either of them, they will pay them and take the proper Receipts, or, if you will draw upon me here for the Money, it is ready, at a Moments Warning. I cannot leave the Hague, at this critical Moment, or I would go to Amsterdam, and carry the Money with me in order to pay those debts, and finish the matter.

[salute] I have the Honour &c

Docno: ADMS-06-13-02-0104

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-07-09

To Edmund Jenings

[salute] Sir

You have very much obliged me, by the Act and the Bill.1 It is to the last degree Astonishing to see, that perfect Ignorance, of the United States of America, which still prevails in old England. They willfully Shut their Eyes, that they may be Sure not to See.
My Bowells of Compassion begin to be moved for this blind, debauched, devoted old Woman Britannia. Is there no possibility of reforming and Saving her? The Powers of Europe, must undertake this charitable Work, if it is ever done, for it is in vain to expect it from herself. The Nation is so divided, there Seems to be no Government left. No Party has Power! No Man, or Number of Men have Influence. The Nation has lost all Confidence in Men and in Systems, and seems almost ripe to draw the sword upon itself. I can think of but one Expedient, to save them and that is this. Let the Empress of Russia, the Emperor the Kings of Prussia, sweeden and Denmark, or in other Words the Neutral Powers, admit Mr Dana, as the Minister of the United States, to Sign the Treaty of maritime Neutrality, that is to say acceed to the Principles of it, as France and Spain have done. This is done in a Moment, and thereby the whole Difficulty is removed. The United states are then acknowledged to { 169 } be sovereign by all the World. This would instantly Suppress the old Ministry in England and their System, and give Influence and Authority to the new,2 to propose and obtain, an express Acknowledgment of the Independence of America by Act of Parliament. It would enable them to perswade the King to give a Commission to some Ambassador, to treat with the United States or their Ministers—and it would take away all Objections to an Invitation of Dr Franklin and Mr Jay, to a Congress to treat of a general Peace. In this Way England would be likely to obtain better Terms than in any other.
If you have Influence enough with the neutral Courts, to perswade them to a step which will do them so much Honour, and the weary World So much good, pray make use of it, from a Principle of Philanthropy.
I am with the greatest Esteem, sir, your most obedient Servant
[signed] J. Adams
1. On 8 July, Jenings wrote to JA, “I take the Liberty of enclosing two Pieces of british Manufacture, neither of which will, I belieeve, pass in the American Markets” (Adams Papers). For more on the bill, see Jenings to JA, 24 July, note 3, below.
2. In the Letterbook copy, JA underlined the remainder of this sentence and the following one.

Docno: ADMS-06-13-02-0105

Author: Adams, John
Recipient: Uhl, Jean Henri David
Date: 1782-07-09

To Jean Henri David Uhl

[salute] Sir

I received this Morning, the Letter, which you did me the Honour to write me, on the first of this Month, and if it were in my Power to give you any Advice or assistance, in your affair, it would give me Pleasure to do it.
If the Vessell and Cargo were Sold at Martinique, it is probable it was in Consequence of a regular Proscess in the Court of Admiralty there, and by Virtue of a Decree of that Court rendered according to the Laws of Nations and of France in Such Cases. You have not informed me, whether any one, on your Part, claimed your Coffee in that Court. If not, this Seems to have been an omission, it is necessary, that Neuters who ships Merchandizes on the Bottoms of other Nations, should always furnish the Master or some other, with Evidence of their Property and Authority to claim it. If this was done, nether the Court of Admiralty in Martinico, nor the Com• { 170 } mander of the Privateer appear to have done wrong. And whether, after this omission it will be easy or even possible for you to obtain a Remedy I know not.
You think it a Trifle for the Privateer—but this Privateer may have many owners, and many families may have embarked their all on bord this adventure, who have been unsuccessfull in other Cruises or even in this So that it is impossible, for You and I, who know nothing of their History, to say that this Coffee is not of more importance to the Captors or Some of them, than to the first owners of it. We can never determine where Justice lies by Such Speculations. The only Questions are how is the Law and the Fact. It is a mere Question of Law and of private Property, a Question in which Authority cannot peroperly interfere, even in a Monarchy, much less in a Republick like the United States where there is no Authority but the Law.
If it were proper for Congress to interfere at all, it would be upon a Memorial of a Prussian Ambassador, and I wish with all my Heart, you would prevail, upon that Great Prince1 who does so much Honour to his age, to do us the Honour of Sending a Minister to Philadelphia,2 and use his Influence with all the Neutral Courts to do the same, a Measure so easy to take, and yet in its Consequences perhaps one of the greatest actions of his Reign, and it may be depended on, that every Representation of such a Minister would be attended to with perfect Respect.
If you desire me to interpose with Congress, I really dont know whether I can do it with perfect Propriety: Yet, nevertheless, I will hazard it, So far as to transmit to Congress any Papers, relative to this Matter that you or your Correspondent at Amsterdam can desire. Yet I ought to tell you, that I should have very little hopes of being usefull to you, in this Way, because it does not appear to me to be, the right Way.
The proper Way, and the only one, which has a Probability of success is, for you to give a Procuration to Some one, who is going to America, as several respectable young Merchants are, or to some Correspondent already established there, to make the proper Enquiries, and pursue the matter, against the Privateer in a legal Course, in which Case you must send the proper Evidence. I would give to such an Agent, a Letter of Introduction or do any Thing else in my Power to assist him, with Pleasure.3
You may depend upon it, sir, that the Sense of the obligations to Justice, is not less decisive in America than in England, and that { 171 } every Thing will be done there, which can be done in any free Country to obtain it for you.

[salute] I have the Honour to be

1. Frederick II (the Great) of Prussia.
2. The material from this point through the word “Reign” was written in the left-hand margin of the Letterbook and marked for insertion here.
3. There is no indication that JA wrote a letter of introduction or took any other action regarding the confiscated Prussian property, nor have the editors found any evidence that the matter was taken up with Congress or pursued in the courts.

Docno: ADMS-06-13-02-0106

Author: Allcock, William
Recipient: Adams, John
Date: 1782-07-09

From William Allcock

[salute] honnerbell Sir

I take apon My Self to troble you With a few lines to in form you that for the Better Suply of My Self one of My Countraman have let Me have this ticket paying him at philladelfa. I larder in form you that I apply to the loneoffice Who the gentelmen Lookt upon it to good But they wish to hear your apinnion upon it and honnerbell Sr. as we have not Sailed I have Sent you the ticket in Cloused in this Letter and i hope that your honner Will troble your Self to gave Me ansar with the Same in Cloused and Derick it to the Crown and I hope your honner will let Me No Whether it be good or not and likewise What you Will alow Me to Recive for it. If your honner alowes any thing for it pleas to Send Me order in Cloused with the ticket, Pleas to Send Me ansar first porst as I Expect to Sail in a Day or two. So No More at present.2
My Complements to your honner
[signed] Cp Wm. all Cock
1. William Allcock of New Bern, N.C., had been a crewman on the brig Friends out of Edenton, N.C., which was captured in March by a St. Lucia privateer. His captors put Allcock on a Danish brig that carried him to Calais. There he obtained four guineas and set out for Paris. On 6 May, out of money at Amiens, Allcock wrote Benjamin Franklin to request additional funds and received 336 livres (Franklin, Papers, 37:5, 272–273). He likely then set out for the Netherlands in search of a ship to carry him home and at some point requested JA's assistance, for following the postscript to JA's letter of 9 June to Robert Livingston (above, descriptive note) is a note indicating that on 11 June he supplied Allcock with eight ducats.
2. Regarding the “ticket” that Allcock enclosed with his letter, JA replied on 10 July that he knew nothing of it, had no authority to do anything about it, and could give him nothing for it (LbC, Adams Papers). For JA's further dealings with Allcock, see John Loveney's letter of [ca. 1 Aug.], and note 2, below.

Docno: ADMS-06-13-02-0107

Author: Adams, John
Recipient: Ravekes, Gerbrand, & J. G. Thin van Keulen (business)
Date: 1782-07-10

To Gerbrand Ravekes & J. G. Thin van Keulen

[salute] Gentlemen

I received in Time, your Letter of the 29 of June, and should have answered it before, but upon Searching for the Lease, I found it has been mislayed in removing from Amsterdam, and my Secretary has been Sick and absent, So that I have not been able to find it.
I consent that Messrs Willinks, Van Staphorsts and De la Lande and Fynje, Should pay you, the f491:12s, in Addition to the Arrears of Rent, due, upon your delivering him my Lease and a Receipt. Your Lease, I will return to you as soon as I can find it, and if it should not be found, this Letter shall warrant and indemnify you, from all Demands or Damages arising from it.

[salute] I am Gentlemen your very humble servant

Docno: ADMS-06-13-02-0108

Author: Adams, John
Recipient: Willink, Wilhem & Jan (business)
Recipient: Staphorst, Nicolaas & Jacob van (business)
Recipient: La Lande & Fynje, de (business)
Date: 1782-07-10

To Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje

[salute] Gentlemen

I inclose you a Letter to Messrs Gerbrand Ravekes, and J. G. Thin Van Keulen,1 and request you to pay them, the Sum of f1281:12s, and take up the Lease, and a Receipt in full for half a years Rent in Arrear, and for the Loss and Expences upon the present year, arrising from their Letting the House to another with my Consent. This Sum you will please to charge to the United States of America.
I inclose you also the Account of Mr Hodshon, for Thirty Seven Florins and twelve, which I request you to send him, and charge it also to the Same Account.2
I Sent you Sometime ago, the Second Thousand of Obligations Signed by me, the Receipt of which you have not yet acknowledged. By Mr Barclay, I sent you, Three Dispatches to Congress, for their Ratification of the obligations, and two other Copies of my Letter to enable you to make up two more Similar dispatches, which will be quintuplicate.3
You will please also to acknowledge the Receipt of these, and send one of them, by one Vessell and another by another, that some { 173 } one May arrive, and We may be sure of receiving the Ratification in Time. I wish also that you would write to Congress and inform them, how much Money, they may safely draw upon you for, and by what time.4 You will be Sure not to exceed. You had better be a few hundred Thousand Guilders under, than any Thing above the Sum because there are bills every day arriving, which were drawn two years ago upon Mr Laurens, which I accept upon the Supposition that you will be able to pay them, five or Six months hence.

[salute] I have the Honour to be

1. 10 July, above.
2. See John Hodshon to JA, 4 July, above.
3. The three dispatches and two letters that Barclay carried to the consortium were copies of JA's second letter of 5 July to Robert R. Livingston, above. The dispatches presumably included the letter with five copies of the loan contract for one million guilders in Dutch and English enclosed. Two other copies were sent with the intention that the consortium complete the dispatches by enclosing five copies of the loan contract with each before sending them off. For the consortium's transmission of the five dispatches with their letter of 11 July to Robert R. Livingston (PCC, No. 78, XIV, f. 523–526), see their reply of 11 July to JA, below.
4. Ostensibly this led to their letter of 11 July to Livingston, although they presumably would have written to Livingston without any instruction from JA.

Docno: ADMS-06-13-02-0109

Author: Neufville, Jean de, & Fils (business)
Recipient: Adams, John
Date: 1782-07-11

From Jean de Neufville & Fils

[salute] Sir

In Consequence of Your Excellencys request,1 We have Sent the Accounts to Mrs DelaLande & Fynje and these Gentn: in combination with Mrs W & J Willink, and N & J Van Staphorst, have paid the Same, against double receipts for each. We added to that of Your Excellencys private acct: f 12:15:— for the frame of Young Mr Adams's picture in conformity to our last.2 We Could as to ourselves have no objection against any body whatsoever Seeing these accounts and are as well Satisfi'd with this mode of payment as any other, happy to See an end of that matter. We thank your Excellency for the acceptance of the 2 bills you were pleasd to return us and have the honour to be Sir Your Excellencys Most Obedient & very humble Servants
[signed] John de Neufville & Son
1. 8 July, above.
2. 5 July, above.

Docno: ADMS-06-13-02-0110

Author: Willink, Wilhem & Jan (business)
Author: Staphorst, Nicolaas & Jacob van (business)
Recipient: Adams, John
Date: 1782-07-11

From Wilhem & Jan Willink and Nicolaas & Jacob van Staphorst

[salute] Sir

We have before us your esteemed favour of 10 inst: with a letter for Messrs. Ravekes van Keulen, to whom we Shall pay f 1281s12. for half a years rent in arrear, and for the loss and expences upon the present year, and up the Lease, and their receipt to remit to your Excellency, to charge Said Sum to the account of the United States of America.
We Shall hand Mr Hodshon the f 37:12 to place on said account, on which we've charged f 2373s 7. payd to Messrs. de Neufville & son according to the inclosed account and receipt.
We've also to Said Gentlemen the ballance of your Excellency's acc. f 1412: 5: 8 of whch. We in close the account and receipt whch. Sum we charge Your Excellency's account with us.1
We have well received the Second thousand obligations Signed by your Excellency, and Mr. Barclay handed us the three dispatches to Congress, together with two other copies of your letter,2 forwhch. we get two Similar dispatches ready, whch. shall serve for Quintuplicates to be Sent by different Vessels, so as we already practised with one by Captn: [] and one by Capn. []3 in order to receive the ratification on time.
We conveyed Said dispatches with a letter to Congress, by which we respectuously confirmed your Excellency's letter for the Conditions of the Loan, and advised to have already in cash more than one Million of Guilders.4
In consequence of Your Excellency's writing we Shall henceforth be cautious with our further advices to Congress about it and remember the drafts on Mr Laurens which Shall be payable in 5 a 6 month hence, against whch. time, we don't doubt, but we'll have Sufficient money in cash, as we are in a more favourable opinion for the Loan than your Excellency seems to be, in the mean while we beg leave to inform us, of about the Sums, the drafts on Mr. Laurens may amount to.
We have the honour to be with respectfull regard Sir Your Excellencys most humble and Obedient Servants
[signed] Wilhem & Jan Willink
[signed] Nichs. & Jacob van Staphorst
{ 175 }
Messrs de La Lande & Fynje not being home, is the reason of their not signing this letter and of not mentioning, the names of the Capns., whch. they did not yet told us, So we mention it to your Excellency by our first Letter.
RC and enclosure (Adams Papers); endorsed: “Letter. from Messes Willinks & Van Staphorst 11. July 1782.”
1. This receipt is with this letter in the Adams Papers, but the receipt referred to in the previous paragraph is not.
2. JA's second letter of 5 July to Robert R. Livingston, but see also JA's letter to the consortium of 10 July, note 3, above.
3. This appears to indicate that the consortium sent off two of the dispatches earlier in the day before they received JA's letter but after they had written their letter of 11 July because the dispatches went as enclosures with the consortium's letter of that date to Livingston (PCC, No. 78, XIV, f. 523–526). For the vessels by which the consortium sent the dispatches, see the letter of 8 Aug. from Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, below. The first of the dispatches to arrive was the original sent on the Heer Adams, Capt. Samuel Smedley, which reached Philadelphia on 11 Sept. (James Madison to Edmund Randolph, 11 Sept. [2 letters], and Samuel Osgood to John Lowell, 13 Sept., Smith, Letters of Delegates, 19:150–153; from Robert R. Livingston, 15 Sept., below).
4. In their letter the members of the consortium indicated their acceptance of the conditions stated in the contract and their hope that Congress would ratify it as soon as possible. They also indicated the need for specific instructions from Congress regarding the use of the funds raised. They noted that a group of investors had engaged for 1,600,000 guilders, but that in return for that commitment, the consortium was to hold the money in their possession until Congress' ratification had been received. This led them to insist that no bills drawn by Congress be sent to Europe before the ratification because they would be unable to honor them and that would have a bad effect on the prospects for the loan. Finally, as they indicate in this letter, they informed Congress that they already had received over a million guilders, an assertion that ran counter to JA's cautionary note in his letter of the 10th, but which is a further indication that the consortium had written its letter prior to receiving that from JA. Incredibly, given the difficulty of getting letters to the United States, the five dispatches containing the loan contracts, each with the covering letter of 11 July from the consortium, reached Congress (PCC, No. 78, XIV, f. 523–526; No. 145, f. 173–176; PCC, Misc. Papers, Reel 4, f. 648–651, 652–655, 656–659).

Docno: ADMS-06-13-02-0111

Author: Ridley, Matthew
Recipient: Adams, John
Date: 1782-07-13

From Matthew Ridley

[salute] Sir

I did not write you last Tuesday as I had it not in my power to inform you with any certainty on the Subject my Letter was intended for.1 I can now assure you the Marquis de la Fayette will not leave home this summer. Monsieur de la Touche with the Eagle2 and some other Frigates have by this time sailed, with sundry Vessels under Convoy, having on board Stores Cloathing &ce for both Armies. A number of Officers are also gone.
Monsieur de Guichen has arrived off Ushant. They have taken 18 sail of Quebec Vessels and a small Frigate.3
{ 176 }
The business of peace drag'd on very slowly. There was no probability of doing any thing this summer. This was before the late sudden change in England.4 I think a person may venture to pronounce now that it will drag on yet more heavily if not be entirely broke off. We have it here that Mr. Fox's open declaration for an avowal of American Independancy in a clear and explicit manner: and saying the Cabinet were unanimously of the same opinion was the occasion of his Resignation. Both the King and Lord shelburne denied the latter part. I have a Letter from there telling me several more Resignations were talkd of and that every thing was in great confusion.
I have the honor to be with great respect Your Excellency's Most obedient & most humble Servant
[signed] Matt: Ridley
1. Tuesday was 9 July. Ridley went to The Hague on Sunday, 7 July, and returned to Amsterdam the next day. Ridley and JA had a long conversation over tea on the afternoon of the 7th, recorded in Ridley's journal (MHi), during which he may have promised JA that he would write upon his return to Amsterdam. At their meeting on the 7th, JA indicated, based on what he had learned from Franklin's letter of 2 June (above), that Grenville had received new powers to negotiate with the belligerent powers but not specifically with the United States, and that Grenville had been informed that those powers were insufficient. JA was also critical of William Alexander's visit to London in the winter of 1781–1782, during which Alexander stated that formal recognition of American independence was not required as a preliminary to Anglo-American peace negotiations. JA believed that Alexander, a bankrupt who was arrested during his visit, had been sent by Franklin as his agent to sound out the British government regarding peace negotiations, and that Alexander's statement regarding recognition reflected Franklin's position. Ridley indicated that he was “realy amazed” at this, but JA responded that it was true, for “Dr F had sent him Letters relating to it.” The letters JA referred to were those between Franklin and David Hartley that Franklin enclosed with his of 13 April to JA (vol. 12:407–408, and references there; see also, Morris, Peacemakers, p. 303–304). It was also during his meeting with Ridley that JA apparently first learned of John Jay's arrival at Paris, leading him to writeto Jay on 8 July, above.
2. This was the forty-gun frigate Aigle. The Gazette d'Amsterdam reported on 12 July that the Aigle was carrying a number of French officers to America but that Lafayette was not, as previously thought, among them. Upon its arrival in America in September, with British warships in close pursuit, the frigate ran aground in the Delaware River and was lost, but its dispatches and passengers were saved (Franklin, Papers, 37:539–540; from Robert R. Livingston, 15 Sept., below).
3. Guichen's vessels were part of the combined fleet then patrolling off Ushant at the mouth of the English Channel. The Gazette d'Amsterdam of 12 July reported the capture of eighteen vessels of a convoy bound to Newfoundland and Quebec, and on the 16th it provided a list of the captured vessels taken from Guichen's report dated 27 June. No frigate is listed as taken.
4. The Marquis of Rockingham died on 1 July after a long illness, bringing to a close a ministry established only four months earlier. George III immediately named the Earl of Shelburne to form a new ministry. For the controversy over the change in ministries, particularly Charles James Fox's resignation from the cabinet, see JA's letter of 17 July to Edmund Jenings, and note 3, below.

Docno: ADMS-06-13-02-0112

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-07-14

From Edmund Jenings

[salute] Sir

I am honoured by the Receipt of your Excellencys Letters of the 5th and 9th Instant.
The Letter to Mr Boylston is sent.1
Your Excellencys Enquiry of me of the news about Peace, under a Presumption, that I Know the whole History and that you Know nothing of it, makes me smile, and at the same Time gives me Concerns; Surely you ought to be acquainted with every thing, and I cannot have any Information—but I can guess and have hitherto done it not amiss. I ask not Questions I am not prying for I would not Appear impertinent: a few well ascertained Facts, a Knowledge of the Temper of certain Men and the general Spirit of the Times are Sufficient to give a clue to the Unravelling of most transactions, your Excellencys being Kept in the Dark of what has been lately going forward leads me my Imagination a great way, giving it at the same time a Gloomy Tincture, but let insidious men Act with what Concealment they will for a Time, they cannot hold it long, at least my Lord Shelburne cannot; He has at length shewed the baseness of his Character to all the World, for which He will be cherished by the british King, but detested by every honest Man. I am astonished, that He could have deceivd his late Connections, even our Friend, who lately passed through this Town thought He was not so bad, as I imagined He was;2 I have Letters on the late Event addressed to Edmund the Prophet, for I foretold, what has happened, and was indeed somewhat surprized at what Fox had declard, with respect to a Change in Lord Shelburnes Political Confession, He never has changed, and yet mr Fox was right, for He had certainly assurances He had. There is no Fallacy or falsehood, which his Lordship will not Commit. Oh what a mighty Struggle will there be between the Monarch and the Vassel for preeminence in Hypocrisy and Insidiousness; the History of their Conduct towards Each other will be worthy of being handed down to Posterity. Does your Excellency Know which of them will get the better; I think the monarch will, for altho the Vassal is not inferiour in Design, yet the means, which the monarch has by his Station, will crown him with Success.3
Will not an account of this avowed Design of the English Court be sent immediately to America? Will not America declare unremit• { 178 } ted War against England during the Life of the present King at least. The people of that infatuated Country, for whom I find your Excellency has some feeling, as I have when I am alone and hear not repeated Acts of folly and wickedness, must Suffer for the permitted malice of their master. The manifesto of the Congress may have in View the Declaration of England, when She Announced war against United Provinces,4 for countenancing the pretended Delinquency of the City of Amsterdam, and may suggest the same means of reconciliation, ie that of leaving the King alone to bear the Sufferings of War. If this Idea is good, and surely it is in the Case of England, as of Holland, Congress ought to Vote, they will not meet with the british People until their present King is sent a packing, whether Congress comes to a Vote of this Kind or not, it is not possible there Should be no Peace, until He ceases to have power in this World.
Your Excellencys proposal about the part, which the armed neutrality ought to take at this Juncture is a good One, and would certainly be decisive, but that Heterogeneous Body wishes not Peace, had it done so, it might have been brought about long Ago. However I Heartily wish your Excellencys Idea, was suggested to those, who might get it adopted.
I have seen, as I suppose your Excellency may do, by chance, the Count et la Countesse du Nord.5 I looked at them with Concern; for I have my forebodings About them. Your Excellency may recollect, I foretold they would make a long Journey. She is to lie in at Vienna. I find Prince Potemkin is gone into the Country for a Month, will He return at the Expiration of that Time?6
Mr Fox explained last Tuesday his Conduct and Views, when He came into the Ministry. And the general Objects of the whole Party, that He and others had been deceivd most grosely by Lord Shelburne, who to curry favor with a base Court had enterd into its Intrigues against the people. That He would Watch all his motions and bring Him to punishment. He talked most Eloquently and forcibly for two Hours, during which, He said in particular, that He had been Accused of being an Enemy to his Country in being willing to Acknowledge the Independancy of America, He avowed that He thought that it ought to be done immediately, and that so far was He from wishing to reestablish the former dependancy either by force or negociation, He should be for refusing it, if the Americans were inclined to Submit Again.7 Burke and the Solicitor were personally abusive of Lord Shelburne.8 Conway acted Trimmingly as usual.9
{ 179 }
Is Lord Howe sailed to intercept the Dutch Fleet? I cannot think He will cruise off Brest.
Mr A Lee is certainly in Congress. I have receivd a Letter from Mr Lawrens He is going to Nants where He desires his Letters to be directd to Him a Madame Babut & Labouchere.10
I am with Greatest Respect Sir your Excellencys most Obedient Humble Sert
[signed] Edm: Jenings
RC (Adams Papers); endorsed by John Thaxter: “Mr. Jenings 14th. July 1782. Ansd. 17th.”
1. Probably JA to John Boylston, 5 July (AFC, 4:341–342).
2. Probably Henry Laurens, but see his comments on Shelburne's duplicity in his letter of 7 Aug. to Benjamin Franklin (Laurens, Papers, 15:549–552).
3. It is unclear whether Jenings, when he wrote this portion of the letter, had seen the account of the debates in the House of Commons on 9 July over Rockingham's replacement by Shelburne and Fox's resignation, which he mentions later in this letter (see note 7). But he is referring to the charges by the Rockinghamites, raised during the debates, that Shelburne conspired with George III to undermine Rockingham, that Shelburne was unfit to replace Rockingham, and that Shelburne had abandoned the promises that he had made regarding his policies at the onset of the Rockingham ministry (JA to Jenings, 17 July, note 3, below). Jenings' reference to an assertion by Fox about “a Change in Lord Shelburnes Political Confession” may refer to Fox's speech on 2 July, prior to his resignation, in which he seemed to indicate that Shelburne might have changed his views regarding recognition of the United States (Parliamentary Hist., 23:138–139).
4. For Britain's manifesto declaring war against the Netherlands, see vol. 11:2–3.
5. This was the pseudonym assumed by Grand Duke Paul and Grand Duchess Maria Feodorovna of Russia during their extended visit to western Europe that began in Sept. 1781 and concluded in Dec. 1782. The trip began with a visit to Vienna and was intended to strengthen the alliance between Catherine II and Joseph II. But it also was intertwined with the power struggle between Prince Potemkin, Catherine's chief advisor, and Count Panin, the foreign minister and the grand duke's former governor, which led to Panin's fall from power in Sept. 1781 (De Madariaga, Armed Neutrality of 1780, p. 18, 342–346). For a full account of the journey and Paul's concerns regarding it, which included being barred from returning and being removed from the line of succession, see Roderick E. McGrew, Paul I of Russia, 1754–1801, N.Y., 1992, p. 114–142. Jenings presumably saw the couple at Brussels, which they reached on the evening of 11 July. They reached The Hague on 15 July and on the 16th were honored by William V at a “magnifique Fête” in the gardens of the Maison du Bois (Gazette d'Amsterdam, 16 July). For JA's attendance at the “Fête,” see his reply of 17 July, note 6, below.
6. Jenings presumably had seen a newspaper report about Potemkin's departure for the country. The Gazette d'Amsterdam of 9 July reported from St. Petersburg that Potemkin enjoyed the “plus haute faveur” of the empress, who had visited him prior to his departure for four weeks in the country.
7. It is clear from this paragraph that Jenings had seen an account, likely from a London newspaper, of the 9 July debate in the House of Commons over the change in ministries and Fox's resignation. His summary of Fox's remarks agrees in substance with what was apparently said, but it differs in detail from all of the newspaper accounts examined and even from the address as revised and published as The Speech of the Right Honourable Charles James Fox . . . in Defence of His Resignation, London, 1782. This is particularly true of Jenings' assertion that Fox declared himself unwilling “to reestablish the former dependency” even “if the Americans were inclined to submit again.” See, for example, the debates as reported in the 10 July issues of Parker's General Advertiser and Morning Intelligencer and the Morning Herald and Daily Advertiser or in the Parliamentary Hist., 23:155–187. For the controversy over Rockingham's replacement { 180 } by Shelburne and its consequences, see JA's reply to Jenings of 17 July, note 3, below.
8. Both Edmund Burke and John Lee had resigned the offices they had held under Rockingham, Burke as paymaster and Lee as solicitor-general. For their comments supporting Fox and criticizing Shelburne, see Parliamentary Hist., 23:180–183, 186–187.
9. Gen. Henry Seymour Conway retained his position as commander in chief under Shelburne. The motions against the American war that Conway had offered in Feb. 1782 had played a significant role in bringing down the North ministry, but it was also Conway's remarks during the debate on 9 July that provoked the response by Fox that Jenings summarizes in this letter (vol. 12:288–289; Parliamentary Hist., 23:165–168).
10. Of 4 July, LbC (ScL [ScU]).

Docno: ADMS-06-13-02-0113

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-07-17

To Edmund Jenings

[salute] Sir

I am honoured with yours of the 14. You might well Smile at the Supposition that I know nothing about the Negotiations for Peace. I have no direct Information about it, Since the 2 of June,1 but I presume the Reason is, there is nothing to communicate. I am indirectly informed, that Greenville, after a long time recd a Commission to treat with all the belligerent Powers.2 But as our Ennemy dont acknowledge Us to be a Power, they have thus reserved to themselves a Place for Chicane.
Mr Fox has Shewn himself, an able Man. He has at last taken a decided Part, and if he adheres to it, with Fortitude and Constancy, he will carry his Point, make himself Prime Minister and give Peace to his Country and to Europe, upon the best Terms that are attainable by G. Britain. His opinion, against receiving again the Dependence of America, if offered is perfectly just.3 It would be, ruinous to G. B. to receive it, as was fully demonstrated in a Parcell of Letters I sent to you two Years ago.4 Pray what is become of them. Can you get them back? I should be very glad to see them again. Since they are not worth printing, in London I would have them published here in French.
I have the Honour to agree with you, in your opinion that the Master will get the better of the Vassal, in their Contention for Preeminence, but there is another Emulation going on, between the Same Vassal, and a certain hoary head,5 where I think the Vassal will get the better.
I have had the Honour to Sup at the great Feast at Court, in Company with the great Personages you Saw at Brussells, and had several fine opportunities to take their Phisiognomies very near.6 Their appearance and their Behaviour, were very agreable. Yet who would wish to be, in their Situation? their Forebodings may very probably be as gloomy as yours.
{ 181 } { 182 }
Will not Fox's decisive Conduct compel the Master and the Vassal to be explicit? The Declarations of Conway, Richmond, and even shelburne, are so possitive, that the Intention is to acknowledge American Independence,7 that it Seems difficult for them to evade and equivocate, much longer, especially as Fox and Burke, Cavendich8 &c will not forget their Declarations. All Europe will consider the Kings Honour Dignity, Parole, engaged to acknowledge our Independence, if he retreats he will, Sink his Character lower than ever in every Court of Europe. I think that Shelburne will not be able to with Stand the Torrent. He must call in the Bedfords to his Aid.9 These will not be able to support him long, and presently, Several of the old Ministry will come in again. But none of them can disavow, the Declarations, in which King and all are compromised, to acknowledge American Independence, either conditionally or without Conditions. Fox uttered a Volume of good Sense, when he attached the Salvation of his Country to the Words “Without Conditions.” This sentiment has convinced me that he has a more comprehensive View of the State of the Nation, of France, Spain, Holland America, and the Neutral Powers, than all the other Men in England, and has formed a more Sagacious Judgement upon the whole.
Between you and me, Where shelburne says, he has Proofs lately recd that he is not disagreable to the Americans, he means a flattering Letter that Franklin has written him.10 I dare say he has no other Proof—at least he has none from me, who confess that I have as little Confidence in him, as you have or Mr Fox. I have long foreseen, that his Ambition his Trimming System, and insideous Character, <would> might Slide itself into the Place of the old Ministry, and put the last finishing Hand to the Ruin of G. B. and have ever wondered, that Fox and Burke did not see it sooner. They however depended I suppose upon the Marquis of Rockingham.
There now remains nothing but for Fox Burke, &c to be Steady. They have Seized the precise Idea and the only one that can be of Service to their Country. If they persevere, they will have the Glory, far greater than even that of a Chatham,11 of restoring as much Friendship between G. B and America, as is now in the nature of Things possible, and in as short a time as possible, and at the Sametime that of obtaining the best terms possible from the other belligerent Powers. Fox appears to have considered the advantage they give to France Spain and Holland by keeping the Question of American Independence open. An immense Advantage it is, that of throwing the odium of the Continuance of the War upon America { 183 } { 184 } or rather upon England, that of Saying, with Truth We cant give Peace to the World yet, because the English cant perswade themselves to pronounce the Word Independence. This Point, fairly settled America will be Steady to her plighted faith and Honour it is true, but She will say, “I am Satisfied, Satisfy my Allies.” Their Allies must then take upon themselves the sole Merit of continuing the War. This Sentiment, will constrain them to a Moderation to which they have no Motive while the other Question is open.
RC (Adams Papers); endorsed: “His Excellency Mr Adams July 17h. 1782.”
1. See Benjamin Franklin to JA, 2 June, above.
2. On 10 June, Fox sent Thomas Grenville a revised commission, authorizing him to negotiate with France and “with any other of the Enemies of G. Britain.” In his reply to Fox of 21 June, however, Grenville questioned whether his power to negotiate with any “Princes and States” could apply to America until it had been recognized as independent (Mary A. Giunta, ed., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789, Washington, D.C., 1996, 1:428, 434–435). By the date of this letter, Fox's resignation had made moot the issue of Grenville's powers to negotiate.
3. Here and later in the letter, JA analyzes the effect of Shelburne's replacement of Rockingham and Fox's subsequent resignation. These events had considerable significance with regard to the domestic political situation in England, but their effect on prospects for Anglo-American peace negotiations were more apparent than real. As JA points out later in the letter, it made little difference who was in power, because the debates in the Houses of Commons and Lords on 9 and 10 July, respectively, made it clear that one way or another, all parties were committed to recognizing American independence and concluding a peace treaty (Parliamentary Hist., 23:152–196). But the nature of the negotiations and the timing and form of the recognition remained uncertain. Fox favored recognizing the United States as independent and sovereign in advance of peace negotiations and gave the refusal of the cabinet to support his position as a reason for resigning. Fox's position led many Americans, including JA, to see him as the more desirable person with whom to negotiate. By contrast, Shelburne, who would now control the negotiations and was mistrusted by virtually everyone, had long opposed granting full independence to the United States. As a result, and despite what Shelburne might say publicly, JA and others suspected that Shelburne continued to favor some form of settlement with the United States short of full independence (Stanley Ayling, The Life of Charles James Fox, London, 1991, p. 102; Scott, British Foreign Policy, p. 325–327; see also JA's letter of 20 July to Jenings, below).
4. It was the perceived need to remove any illusions held by Shelburne or anyone else about an Anglo-American settlement that stopped short of full independence that finally led to the publication, beginning in August, of the “Parcell of Letters” that JA had sent to Jenings in 1780. The letters numbered twelve, ten of which were published in Parker's General Advertiser and Morning Intelligencer between 23 Aug. and 26 Dec. 1782 under the title “Letters from a Distinguished American.” All twelve letters are printed under the date of [ante 14–22 July] 1780, the span in which they were written (vol. 9:531–588). This was done because, significant as their publication is in 1782, JA's motives for writing them in the summer of 1780 and then sending them off to be, as he assumed, expeditiously published are perhaps even more important for understanding his diplomacy.
5. That is, George III was the “Master” and Shelburne was his “Vassal.” The “hoary head” was probably Benjamin Franklin, whom JA apparently believed would be outwitted by Shelburne.
6. That is, JA had attended the “Fête” on 16 July honoring the arrival of the Grand Duke Paul and Grand Duchess Maria Feodorovna of Russia at The Hague. JA, however, was not originally invited. According to C. W. F. Dumas, it was only after he raised { 185 } the issue with the Duc de La Vauguyon, and the ambassador took the matter up with the Dutch government, that an invitation, which arrived on the morning of the 16th, was issued to JA (PCC, No. 93, II, f. 76, 85).
7. For Henry Seymour Conway's declaration during the debate in the House of Commons on 9 July that recognition of American independence was a guiding principle of the Shelburne ministry, see Parliamentary Hist., 23:165–166. In the House of Lords on 10 July, Charles Lennox, 3d Duke of Richmond, who served as the master general of ordnance in both the Rockingham and the Shelburne ministries and was Charles James Fox's uncle, reportedly declared “that the independence of America should not stand in the way of so desirable an object as peace with that country.” Shelburne followed, reiterating what Richmond had said and stating that despite his long-held belief that granting independence to the United States would be a disaster for Britain, he had concluded that there was now no other choice if peace was to be obtained (same, 23:188–195).
8. Lord John Cavendish had resigned as chancellor of the exchequer. For his statement during the Commons debate on 9 July, see same, 23:179–180.
9. The Bedford Party had taken a particularly hard-line stand with regard to the American colonies during the late 1760s. In the summer of 1782, rumors circulated in London that Shelburne might seek the support of former members of the Bedford Party to shore up his position (Lord Fitzmaurice, Life of William Earl of Shelburne, London, 1912, 2 vols., 1:321, 361–392; John Norris, Shelburne and Reform, London, 1963, p. 245–246).
10. During the Lords debate on 10 July, Shelburne reportedly said that “it had been insinuated elsewhere, that had his principles been known relative to American independence, the people of America would be backward to treat with him for peace; but he had learned sufficient by the information he received during the last two months that he was Secretary of State, and since, that there was no man with whom the Americans would more willingly treat than himself” (Parliamentary Hist., 23:193–194). The letter from Franklin to Shelburne referred to by JA was probably that of 22 March, a copy of which Franklin sent to JA with his letter of 20 April, but that letter also included another to Shelburne of 18 April (Franklin, Papers, 37:24–25, 165–167; vol. 12:432–433).
11. A reference to William Pitt, 1st Earl of Chatham, known for his leadership during the Seven Years' War. Later he opposed the Stamp Act and called for its repeal, but he also strongly opposed independence for the American colonies (JA, D&A, 1:308; vol. 9:21).

Docno: ADMS-06-13-02-0114

Author: Barclay, Thomas
Recipient: Adams, John
Date: 1782-07-18

From Thomas Barclay

[salute] Dear Sir

I had a letter some days ago from Doctor Franklin desiring me not to draw on him for any more money, to which yesterday I wrote a reply, a Copy of which I send inclosed to your Excellency.1 If you shou'd ask why I trouble you with it, my answer is, that it is for the reason I have given Doctor Franklin for writing so long a letter to him, “because I wish you to know minutely my situation.” I have little doubt but he will relax from his Injunctions, in which Case I shall have the pleasure, I hope, in about ten days of waiting on you for your Commands to France, and to return you my acknowledgements for your kindness and attention to me in Holland.
In the mean time I am with the greatest sincerity Your Excellencys Very Obed Servant
[signed] Thos Barclay
RCand enclosure (Adams Papers); endorsed by John Thaxter: “T. Barclay Esqr 18th. July 1782. Inclosing Copy of Letter to Dr. Franklin”; docketed by CFA: “Mr { 186 } Barclay. July 18th 1782.” The enclosed letter to Franklin is dated and filmed at 17 July (Adams Papers, Microfilms, Reel No. 357).
1. Franklin's letter was of 5 July but has not been found. For Barclay's reply of 17 July, which was a detailed account of his continuing efforts to reach a final settlement regarding the goods left by Alexander Gillon in 1781, see Franklin, Papers, 37:641–644.

Docno: ADMS-06-13-02-0115

Author: Dalton, Tristram
Recipient: Adams, John
Date: 1782-07-19

From Tristram Dalton

[salute] Sir

Under the 25th May last I did myself the honor of addressing you in behalfe of a Capt William Armstrong, late Comander of a vessel belonging to me—who, by the then last accounts, was suffering a severe confinement on board a Ship at Portsmo. I felt much on this account, both as he was a worthy young fellow—and as it appeared to me an insult upon a subject of these States—therefore on a public principle, joyned to a presumption on our former connections, I took the liberty to ask your noticing the affair.
It is with much pleasure I can advise of Capt Armstrong's escape from Portsmo and his safe arrival home. He tells that on his arrival at Portsmouth he was put on board a Guard Ship—Admiral Pye's,1 there confined in Irons on both legs, for three months and three days—and part of the time handshackled, for which treatment no reason was given him. At a very great risque, tired of his cruel situation, he effected a happy escape.
Being informed that a regular exchange of American Prisoners who are or may be carried to England, is likely to take place, any such behaviour in the British, for the future, may be easily enquired into—and a stop put thereto.2
As the aforementioned Letter of 25th May, may go in the same vessel with this, I beg leave to refer you to the latter part of it, respecting my present engagements in public life, which makes me more earnestly wish for every intelligence, that may be useful in that line.3
I remain, with the highest Esteem, and personal Regard, Sir your most hble Servant
[signed] Tristram Dalton
1. Adm. Thomas Pye was the commander in chief at Portsmouth, thus the prison ship would have been under his responsibility (DNB).
2. Dalton had likely heard of “An Act for the Better Detaining and More Easy Exchange, of American Prisoners Brought into Great Britain” that had come into force on 25 March. For the act, see Benjamin Franklin's letter of 21 April, and note 1 (vol. 12:439–440).
3. Dalton represented Newburyport in the Massachusetts House of Representatives (Sibley's Harvard Graduates, 13:572).

Docno: ADMS-06-13-02-0116

Author: Jay, James
Recipient: Adams, John
Date: 1782-07-19

From James Jay

[salute] Sir

My arrival in this kingdom is a matter so trivial in itself, that I should not think of saying any thing to Your Excellency about it, if certain paragraphs in some of the Public Papers did not seem to render it proper at this Juncture.1
I cannot suppose that those paragraphs, suggesting that I am authorised by Congress to negotiate with the British Court, can at any rate make the least impression on You; or even impose on any persons but those who are utterly ignorant of the circumstances of my coming here; on which fact alone, that falshood, and all the others connected with it, are built. But as I presume the circumstances I allude to, may be unknown to you, I think it not amiss to give you a little sketch of them, which will be sufficient to enable you, if it should ever be worth while, to expose the misrepresentation.
I was taken prisoner in the Jerseys, carried to N. York and confined 3 weeks in the Provost. Sir Guy Carleton's arrival, and the new System of conduct he brought with him, released me from confinement. On the same principle however on which I was confined, it was thought improper to exchange me, or to permit me to return on parole within our own Lines, for some months; in order, by that severity, to deter others from renewing the Scheme, which, they alledge, I was concerned in, of getting Specie from New York and Long Island, to relieve the necessities, and carry on the public business, of our State. Finding myself thus condemned to pass the time in idleness, and among Tories, in the British Lines, I applied, a day or two after my release, for leave to go to the Continent of Europe, and return again in the Autumn, unless my exchange should be effected before that time. This request I was indulged in, with an exception against going to France. The time allowed me to perform the voyage being but short, and the Packet ready to sail, I embraced that opportunity of coming to Europe to prevent the disagreeableness of a late passage home, which a longer continuance in N. York would subject me to. Thus, Sir, it is evident that Congress knew nothing, and could know nothing of my coming abroad. Neither had I been in Philadelphia, nor held any communication with that Honble. Body for some months before I was taken.
I am happy in the present opportunity of congratulating your Excellency on the success of your negotiation with the States of Hol• { 188 } land: and of assuring You that I am, with great respect & esteem, Your Excellency's Most Obedt: & humle. Servt:
[signed] James Jay
1. Sir James Jay was John Jay's brother and served as JA's physician when he was living at Auteuil outside Paris. For a sketch of James Jay that touches on his political problems, see AFC, 3:14–15. The Morning Herald and Daily Advertiser of 10 July stated that “a report prevailed last night, that Sir James Jay is arrived express from Congress with proposals of preliminaries for an accommodation.”

Docno: ADMS-06-13-02-0117

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-07-20

To Edmund Jenings

[salute] Sir

The more I reflect upon the late Revolution in the British Ministry the more I am Struck, with the Conduct of Mr Fox. I am become, upon certain Conditions his Admirer, <and almost wish to be his Friend!>. The Conditions are two
1. That his Conduct has been the Result of Deliberation and Judgment, not of mere Jealousy Ambition, or Resentment.
2. That he has Patience and Fortitude enough to persevere, to the End.1
His Conduct, appears to me Such, as that of a Man whose large Mind embraced, the whole Scheme of the Affairs and Relations of his Country, and capable of Seizing the only Clue which remained for extricating her out of that Entanglement in which the old Ministry had left her, ought to have been. If he stands fast upon the Ground he has taken, he will Shew himself worthy to be the Man of the People,2 and must finally prevail, if his Idea had been adopted and3 America declared a Sovereign State by Act of Parliament, the Way would have been clear, for the King to consent, that the two Imperial Courts Should immediately acknowledge American Independence by Admitting Mr Dana to Sign the Treaty of armed Neutrality, or otherwise as they pleased and invite Dr Franklin and Mr Jay to a Congress, for a general Peace, under their Mediation. These Combinations of Objects, are easy and natural although one of the Objects is unweildy, I mean the Armed Neutrality. As it is in the Power of this body So easily to pacify the World, it is their Duty to do it, by acknowledging the United states. Peace would soon follow.
Pray has not Parliament Seperated4 without agreeing to the Taxes for Paying the Interest of the last Loan? Is not this unprecedented? and what will be the Consequence? Will it not wound public Credit?
{ 189 }
Lord Shelburne, had it in his Power to have pacified the World, and has failed. Mr Fox saw how to do it, but shelburnes opposition took away from him the Power. But5 shelburne would not have opposed, if Franklin had not piddled. If Vergennes and Franklin had decidedly refused to see any Agent about Peace, who had not a Commission and full Powers to treat with the United states of America the British stocks and Spirits would have fallen so low that shelburne and all the rest would have been compelled to have adopted Mr Fox's present Idea. But F. must make himself a Man of Consequence by piddling with Men who had no Title. But thus it is, that Men of great Reputations may do as many Weak Things as they please, and to remark their Mistakes is to envy them.6 I neither envy him however, nor his confidential Agent Mr Alexander. His base Jealousy of me and his Sordid Envy of my Commission for making Peace, and especially of my Commission for making a Treaty of Commerce with Great Britain have Stimulated him to attempt to commit an assassination upon my Character at Philidelphia,7 of which the World has not Yet heard, and of which it cannot hear untill the Time shall come when many voluminous state Papers may be laid before the Publick, which ought not to be, untill We are all dead. But this I Swear, I will affirm when and where I please that he has been actuated and is still by a low Jealousy and a meaner Envy of me, let the C. Vergennes or F. himself complain of it again to congress if they please, it would be my Joy to answer there in Person or by Letter. The anonimous scribbler charged me with clandestinely hurting Franklin.8 I have done nothing clandestinely. I have complained of Franklins Behaviour, in Company with Americans so I have in Company with the French and Spanish Ambassadors, without any Injunctions or desires of Seccresy. This is an odd Sort of Clandestinity. That I have no Friendship for Franklin I avow. That I am incapable of having any with a Man of his moral Sentiments, I avow. As Far as cruel Fate shall compell me to act with him in publick affairs, I shall treat him with decency and perfect Impartiallity, further than that I can feel for him no other sentiments than Contempt or Abhorrence. In my Soul I believe of him all that Burke says of shelburne.9 Yet to undertake to lay before the public all the Reasons I have for believing so would do more hurt at present than his Neck and mine too are both worth, and therefore I have Said and shall say as little about it, as is consistent with my Honour. Will you give my affectionate Regards to Mr Laurens and tell him, that all that is said by the anonimous scribbler is a Lye. That if he will { 190 } accept of this Mission I will resign it in a Moment. That I love and esteem him, and ever did, and have ever openly publickly and privately avowed it.
Adieu, my dear sir Adieu
[signed] J. Adams
RC (Adams Papers); endorsed: “His Excellency Mr Adams July 20th. 1782.” LbC (Adams Papers).
1. The two conditions governing JA's admiration for Fox were, within the American context, substantive because Fox's resignation, in fact, had reflected his personal and political animosity toward Shelburne at least as much as it did a principled stand regarding American independence. But they also reflect JA's lingering doubts about the commitment of any British politician to a peace settlement acceptable to the Americans, even those who professed to favor recognizing American independence. For JA's earlier comments criticizing ostensibly pro-American British politicians, including Fox, for, among other things, being more interested in the “Loaves and Fishes” of office as opposed to having any sincere interest in a settlement with America, see vol. 9:328–329; 10:360.
2. A popular term used to refer to Fox that was derived from his involvement in the Association Movement that began at the very end of 1779. The goal of the movement was parliamentary and economic reform, and Fox's support for its proposals led to his 1780 election to the House of Commons from Westminster (Stanley Ayling, The Life of Charles James Fox, London, 1991, p. 75–85). For the Association Movement and JA's opinion of it, see vol. 8:353–354, 372–373; 9:83–85.
3. In the Letterbook copy, the text is underlined from here to the end of the sentence.
4. Parliament was prorogued on 11 July and did not meet again until 26 November. It was largely this four-month recess from having to deal with Parliament that enabled the Shelburne ministry, which was lacking a sure majority in the House of Commons, to conclude preliminary peace treaties with the United States, France, and Spain. Shelburne's weakness in Parliament is evident from his ministry's fall in early 1783, when he could not command a majority in the debates over the preliminaries (Parliamentary Hist., 23:203; Scott, British Foreign Policy, p. 322–323, 334–335).
5. This and the following four sentences are underlined in the Letterbook copy.
6. JA's use of the word “piddling” earlier in this paragraph indicates that he saw Franklin in much the same light as John Dickinson, whom he had called a “piddling Genius” in 1775 for procrastinating on the issue of American independence (vol. 3:89).
7. In June 1781 Congress created a joint peace commission, thereby superseding JA's 1779 commission as the sole minister empowered to negotiate an Anglo-American peace treaty, and in July 1781 it revoked his authority to conclude an Anglo-American commercial treaty. JA blamed this outcome on Franklin's letter to Congress of 9 Aug. 1780 in which, at the behest of Vergennes, Franklin sharply criticized JA's diplomacy and his attitude toward France. In fact, however, Congress' revocation of the commissions was due as much to representations by the Chevalier de La Luzerne, the French minister at Philadelphia, as it was to Franklin's letter (vol. 11:368–377, 434–435; Franklin, Papers, 33:162–163).
8. See Edmund Jenings to JA, 6 June, enclosure, above. For more information on the various anonymous letters JA received, see Monitor to JA, 20 May, especially note 1, above.
9. JA presumably refers to Edmund Burke's comments regarding Shelburne in his speech of 9 July concerning Shelburne's replacement of Rockingham and Fox's resignation. There Burke reportedly ended by declaring that “if lord Shelburne was not a Cataline, or a Borgia in morals, it must not be ascribed to any thing but his understanding.” Earlier in his speech he had compared Shelburne to the wolf impersonating Little Red Riding Hood's grandmother (Parliamentary Hist., 23:183).

Docno: ADMS-06-13-02-0118-0001

Author: Berckel, Engelbert François van
Recipient: Adams, John
Date: 1782-07-22

From Engelbert François van Berckel

[salute] Monsieur

Par Madame d'Hogendorp, qúi demeúre actúellement a La Haÿe, Son Epoux, le Conseiller de la Ville de Rotterdam, Se troúvant, a present, aux Indes orientales, Je me trouve continuellement pressé, poúr m'interesser en faveur d'ún Inconnu,1 qui doit avois été presenté a votre Excellence, pas le jeune Monsieúr d'Hogendorp, fils des Súsmentioner; et a qúi, Selon qu'on me dit, Votre Excellence aúroit donné qúelqúes adresses en Amerique; Sans pourtant avoir trouvé a propos, de lúi donner aúcune lettre de Recommendation. Comme Je n'ai pas l'honneur de connoitre le dit Inconnú; Et que, d'ailleúrs, comme voús Scavez, Je ne me mêle jamais de ces Sortes d'afaires; J'ai taché de m'en excúser aússi, par raport a çelle çi. Mais on revient a la charge. On me dit, qu'il ne S'agit d'aúcune recommendation: qu'aú contraire Le dit Inconnú Va qúitter Sa patrie, dans le dessein d'aller S'etablir dans les Etats unis d'Ameriqúe, pour toujoúrs; et que poúr y trouver ún moyen de Subsistance, il demande ún employ, que l'on y troúvera convenable a Ses Lúmieres, apres un Examen, qúe l'on trouvera bon de prendre de Ses connoissances, et de Son merite. Monsieúr et Madame d'Hogendorp etants de mes proches Parens; je ne Scaúrois resister plús longtems a des instances Si vives. En consequence de quoi, je prends la liberté, de voús temoigner, que votre Excellence m'obligera infiniment, Si elle voudra avoir la bonté, Sans donner des lettres immediates de recommendation, de donner aú dit Inconnú la direction, et les oúvertúres necessaires, poúr le bút qu'il Se propose, de pouvoir S'etablir Solidement dans votre heureúse Repúbliqúe; et de pouvoir obtenir pour cet effet, un Employ analogue a ces Talens. En Verité, il est encore plus inconnú a moi, qu'a Votre Excellence, púisqúe vous vous êtes entretenú avec lúi: Mais qúelqúe Inconnú qu'il noús Soit; il me Semble, qu'il peút être recommandable, S'il veút Se Soúmettre a L'Examen, qu'il vient d'offrir lúi meme. Et ce n'est que Sur ce pied la, que j'ai l'honneúr d'interceder aupres de votre Excellence, en Sa faveúr. Pour ce qu'il en est de Sa Famille, et des circonstances, qui l'engagent de qúitter Sa Patrie; Votre Excellence poura S'en reposer, Súr les avis, qúe Madame d'Hogendorp Voús en fera parvenir. Ils Seront, Sans doute, conformes a la plús exacte verité.
{ 192 }
Poúr ce qúi regarde notre traité de Commerce, Vous m'obligerez infiniment, Si votre Excellence Voudra avoir la bonté, de me donner les eclaircissements reqúis, Súr la dificulté d'admettre les Remarques, que la Commission de Leúrs Haútes Puissances voús a commúniqúer, Sur le projet, que votre Excellence Leur a delivré.2 Si Vous voudriez me mettre en etat de faire Sentir la Solidité dú refus, que l'on me dit que vous avez fait, a l'egard de quelqúes alterations proposies; ce Seroit le moyen, d'avancer une afaire, qui pourroit être trainée, Sans cela, encore bien de tems. Mais pour cet effet, il faut que Sois parfaitement Eclairé, aú Sújet de vos vúes; et de celles du Congres, Rien ne me Sera plus agreable, que de vous donner a toute occasion, des preúves de mes Sentiments de Estime et de Consideration distinguée poúr Votre Excellence; en vous temoignant Sincerement que je Suis Monsieur Votre Tres Humble et tres obeissant Serviteúr
[signed] E. F. van Berckel

Docno: ADMS-06-13-02-0118-0002

Author: Berckel, Engelbert François van
Recipient: Adams, John
Date: 1782-07-22

Engelbert François van Berckel to John Adams: A Translation

[salute] Sir

Madame d'Hogendorp, who currently lives at The Hague, and her husband, councilor of Rotterdam, who is presently in the East Indies, are strongly urging me to intercede on behalf of an unknown,1 introduced to your excellency by the young M. d'Hogendorp, son of the aforementioned. According to what I hear, it seems your excellency would have given him some addresses in America, but not a letter of recommendation. Since I do not have the honor of knowing this person, and since I do not interfere in this sort of business, as you know, this gives me reason to try to excuse myself from it. But they persist. I am told that it is not a question of a recommendation, but rather that this person is leaving his country with the intention of establishing himself permanently in the United States, and that in order to find a way of making a living there, he is asking for a job suitable to his talents after an appropriate examination. M. and Mme. d'Hogendorp are close relatives, so therefore I cannot continue to ignore their request. Consequently, I am taking the liberty to ask your excellency whether he would be so kind as to oblige me in giving this person the necessary introduction, rather than letters of recommendation, so that he may reach his goal of establishing himself solidly in your happy republic and obtaining a job equal to his talents. The truth is that he is less known to me than to your excellency, since you spoke with him. But as unknown as he is to us, it seems to me that he may possess a commendable character since he himself offered to submit to an examination. And so it is because of this that I have the honor, your excellency, to intercede on his behalf. Since he and his family are engaged in the details of leaving the country, { 193 } your excellency can rely on the information sent by Mme. d'Hogendorp, which will, without a doubt, be quite accurate.
As for our treaty of commerce, you would oblige me greatly, sir, if you could kindly clarify your difficulties with the remarks made on your submitted plan by the commission of their High Mightinesses.2 If you could explain the reasons for your refusal regarding the proposed alterations, which I have heard that you have already made, it would be a way to advance this business that could otherwise be slowed down. But to this end, your views and Congress' views must be perfectly clear. Nothing would be more agreeable to me than to give you, sir, on every occasion, my expression of esteem and distinguished consideration while remaining, sir, your very humble and very obedient servant
[signed] E. F. van Berckel
RC (Adams Papers); endorsed: “Mr Van Berckel. 22. July 1782 ansd. 23.” The recipient's copy has a black border around it because Berckel was in mourning over the death of his wife, Gertruy Roskam van Berckel, on 25 June (vol. 12:336).
1. The “unknown” remains unidentified because, as he indicates in his reply of 23 July, below, JA had received no representations on his behalf by Mme. d'Hogendorp's son or anyone else.
2. The difficulties largely concerned Arts. 22 and 23 of JA's draft, for which see JA's reply of 23 July, and note 3, below.

Docno: ADMS-06-13-02-0119

Author: Cooper, Samuel
Recipient: Adams, John
Date: 1782-07-22

From Samuel Cooper

[salute] My dear Sir

We have received here with uncommon Pleasure the Accounts of the Success of your important Negotiations in Holland notwithstanding the Opposition and Traversings of a pow'rful British Party in that Country. By the last Vessel from France, which left Nants the Beginning of June, we are told, that the Independence of these States has been acknowledged by all the States of Holland, and your Excellency recieved in Form as their Minister Plenipotentiary, and all our Accounts agree that these Events would, without doubt, take place in May; upon which I most sincerely congratulate you and my Country. It gives us also great Pleasure to learn that the new Ministry of England are like to succeed in their Design of a separate Treaty with Holland no better than their Predecessors, and that this last Power has made a common Cause with the Enemies of Britain. If this may be depended on the Court of London may soon find itself obliged to seek Peace upon a broad and fair Bottom, and with such Concessions as shall establish the Security and Repose of Europe and America. Perhaps, however, their late Success in the West Indies may inspire them with other Sentiments, and the new Ministry may follow what they blamed in the old, the Continuance { 194 } of a War ruinous to themselves, upon partial and accidental Encouragements.
I have been highly pleased with the Disposition discovered by my Country upon the Change of the British Ministry,1 the Arrival of Genl. Carleton at New york, and the prevailing Apprehension that he was come to detach us from our Allies and prepare the Way for a separate Peace with England. The Idea of such a Proposal was every where received with just Indignation and Contempt, manifested in private Conversations, in the public Newspapers, and in the Resolves of the Legislatures of these States, with which our own has concurred.2
Our Finnances, particularly in this State, labour: The Accounts of our Treasury, it is said, are deranged: We have paid our full Proportion, if not more towards the Expence of the War, but from the present Perplexity of our public Accounts cannot make this appear in a Light it ought to do at Congress. Our Legislature have been much divided respecting Measures for removing our Difficulties upon so capital a Point; an Assistant Treasurer has lately been chosen, (Mr Ivers) who is esteemed an excellent Accomptant. It is acknowledged the States have a great Financier in Mr Morris; He has made great Savings to the States by his new Arrangements, and to the Surprize of every one has amidst all our pecuniary Perplexities established a National Bank upon firm Credit.3 Personal and local Prejudices have sometimes appeared respecting these Arrangements; but they are to be expected in human Affairs; and are not likely at present to rise so high as to do any essential Injury to the public Welfare.
Some Uneasinesses have lately risen in the Counties of Hampshire and Berkshire about paying Taxes, fomented it is said by the old Tories in that Quarter: and Persons under Custody of Authority have been violently rescued. Government is now trying Ancient Methods, and Mr Saml Adams, Genl. Ward, and Mr Gorham Speaker of the House are going this day as a Committee from the Court to inquire into these Matters, and rectify the Mistakes of the People, which we hope will prevent any Necessity of a severer Exertion of Civil Authority.4
This will be deliver'd to you by Mr Rogers, who married a Daughter of Col. Henry Bromfield. Mrs Rogers accompanies her Husband in this Voyage to Europe, in Hopes of reestablishing her Health which has for a long Time been much impair'd. Your Acquaintance with the Character and Connections of this Gentleman and Lady leaves no Room for me to say any Thing respecting them.5 I am { 195 } much interested in their Welfare, and warmly wish them every Thing happy. The Departure of the Lady in such infirm Health produces a particular Tenderness towards her in the Bosom of all her Friends.
I am with every Sentiment of Respect and Affection, your Excellency's most obedient and very humble Servant
[signed] Saml. Cooper
RC (Adams Papers); endorsed by John Thaxter: “Dr. Cooper 22d. July 1782.”
1. That is, the fall of the North government in Britain in March; word had not yet reached Boston of Rockingham's death.
2. On 4 July the Massachusetts General Court resolved that there should be no deviation from the Franco-American alliance or any negotiations with Britain and that the war should be continued until American independence was recognized and established (Mass., Acts and Laws, 2:243–244).
3. Thomas Ivers (1730–1787) first was appointed assistant treasurer of Massachusetts in place of the treasurer, Henry Gardner, who was ill, and then elected treasurer in October after Gardner's death (Mass., Acts and Laws, 2:287). Ivers served until his death in 1787. For Robert Morris' establishment of the Bank of North America, which was formally incorporated on 31 Dec. 1781, see vol. 12:181, 183, 197, 199.
4. In April 1782, Samuel Ely was found guilty of “seditious and disorderly behaviour” in Springfield, Mass., for speaking out against the 1780 state constitution and encouraging a mob to prevent the courts from sitting. In June, a mob broke Ely out of jail; government troops were brought in to quell the mob but more rioting ensued. The Boston newspapers reported on these events in late June, taking their stories from the 20 and 27 June issues of the Worcester Massachusetts Spy. On 2–3 July, the Massachusetts General Court resolved to create a committee of Samuel Adams, president of the Senate; Nathaniel Gorham, speaker of the House of Representatives; and Gen. Artemas Ward to go to Hampshire County and “enquire into the grounds of dissatisfaction—to correct misinformations—to remove groundless jealousies,” then report back (Mass., Acts and Laws, 2:238, 241). For more on Ely and the riots, see James Sullivan to JA, 24 July, below; Robert E. Moody, “Samuel Ely: Forerunner to Shays,” New England Quarterly, 5:105–134 (Jan. 1932); and Robert J. Taylor, Western Massachusetts in the Revolution, Providence, 1954, p. 119–120.
5. This was Daniel Denison Rogers, a Boston merchant, and his wife Abigail Bromfield Rogers. Besides Cooper's letter they also carried AA's of 17 July to JA. Later, when AA and JA were both in London, the Rogerses were frequent visitors (AFC, 4:343, 348; 6 and 7:index). For a portrait of Abigail Bromfield Rogers, who returned to America in 1786, see AFC, 7:38.

Docno: ADMS-06-13-02-0120

Author: Dana, Francis
Recipient: Adams, John
Date: 1782-07-22

From Francis Dana

[salute] My Dear Sir

Uncertain whether you have seen the paper from which I send you enclosed an Extract I do myself the pleasure to forward that to you by the earliest opportunity. It was put into my hands by one of my friends here; who I told you in a late letter desired his complements to you,1 too late for the last post. The whole has not yet been communicated; as I am told, to any one here, but will be in a day or two, when I hope to have the perusal of it. My Correspondent for some reason, I know not what, has not communicated so important a peice of intelligence to me. This communication on the part of { 196 } G. Britain has been made to both the Imperial Courts, and to that of Versailles; and it seems to me must revive the old mediation on the grounds and principles required by the latter in its last answer to the mediating Courts. You will therefore be probably called upon to repair to Vienna much sooner than you had expected: But I have information which I have little reason to doubt, that the preliminaries are in a state of forwardness, and will be adjusted at Paris. Independance, it is said, is our only object, and the obstacle to that seems now to be removed by the above communication. I fear much they will be there settled upon that ground, and you know my reason for this sentiment. The great object, for independance I do not consider as such that being long ago fully established, will be staved off to a future period, and wn: that shall arrive, we may be told the Estate is held in common and undivided, and that no new tenant can be admitted without the consent of all, because the profits of all may be effected by such a step. I may be too apprehensive in this case, but I cannot help my apprehensions.2 As I am upon this subject I will now also inclose to you a copy of King James's Grant of Nova Scotia to Sr: Wm: Alexander, of which mention is made in the papers in your hands. I meet with it in a pamphlet here.3 If you compare the limits with the Chart of N. Scotia by Jeffereys, No: 14 in the American Atlas, you will find that the line North from the Bay of St: Mary will strike the River St: John, and not the River St: Croix.4 To account for this, if I am not much deceived, I have somewhere found that the first River formerly bore the latter Name, tho I think there is no mention of this circumstance in the report which you have. But perhaps you will meet with something to clear up this point among the papers I received just before my last departure from Paris, and left with you. I did not peruse them. They were sent by the Secretary of our State in consequence of our application to him for further information upon that subject.5
I beg, if it is practicable, to be furnished with a Copy of your Treaty as soon as it may be finished in French or English, or both. Have you an authentick Copy of the last Marine Regulations of Congress which have been published in the Amsterdam Gazette? I have not the whole as a part was published before I took the Gazette here.6 As these must in some part enter into our Treaties, I am astonished at the negligence of some people in omitting to furnish me with them. Can you do it? Your industrious and faithful friend I find is about to leave you.7 I suppose he will carry the Treaty for { 197 } Ratification. Pray request him, for I forgot it when I wrote him by the last post, to leave in your posession The copies he took for me from the old Colo: relative to the limits of N. York &c. &c. Your Son is in good health, but I can't persuade him to write you.8

[salute] Adieu my dear Sir, I am with the highest esteem & warmest affection your friend & obedient humble Servant

Copy of the Extract mentioned above.
Sa Majesté Britannique dit
“Qu'il ne préjugé, ni ne veut préjuger aucune question quelconque, et qu'il ne prétend exclure personne de la negociation, qu'on a en vüe, qui pourrait s'y croire interessé, soit qu'il soit question des Etats Generaux, soit qu'on y veuille faire entrer les Colonies Americaines.”9
RC (Adams Papers); endorsed: “Mr Dana July 11. 1782.”
1. Johan Isaac de Swart. See Dana to JA, 10 May, note 5, above.
2. At this point in the letterbook version (MHi: Francis Dana Letterbook, St. Petersburg, 1782–1784), Dana indicated for insertion the following note written vertically in the left-hand margin: “The Newfoundland Fishery is here alluded to: And the Intrigues of the French Cabinet prove beyond all question that those apprehensions were but too well founded.”
3. King James I granted Nova Scotia to Sir William Alexander, a Scottish nobleman and explorer, in 1621. The pamphlet has not been identified.
4. See Thomas Jefferys, The American Atlas: or, A Geographical Description of the Whole Continent of America, London, 1778. The original grant puts the boundary line between New England and Nova Scotia “thence northward [from St. Mary's Bay] by a straight line, crossing the entrance, or mouth, of that great roadstead which runs toward the eastern part of the land between the countries of the Suriqui and Etechemini . . . to the river generally known by the name of St. Croix” (Edmund F. Slafter, Sir William Alexander and American Colonization, Boston, 1873 [repr. New York, 1966], p. 129). Using Jefferys' map of the region would move the easternmost border between Maine (Massachusetts) and Canada considerably further east.
5. With letters of 17 Oct. 1780 and 2 Jan. 1780 [1781], John Avery, the secretary of the Commonwealth, enclosed charters and other material related to the boundaries. The covering letters and the documents are in M/JA/13–14 (Adams Papers, Microfilms, Reel No. 191). JA used the material, together with other documents that he had brought with him in 1779, during the peace negotiations in November.
6. Congress approved “An ordinance relative to the capture and condemnation of prizes” on 27 March 1781 (JCC, 19:314–316). The Gazette d'Amsterdam printed a French translation on 22 May 1781.
7. John Thaxter had written to Dana of his intention to return to America. See Dana to Thaxter, 8 July O.S. (MHi: Francis Dana Letterbook, St. Petersburg, 1782–1784).
8. JQA did, however, write to John Thaxter on this date (AFC, 4:352–353).
9. His British Majesty said “that he does not prejudge, nor does he want to prejudge any question whatsoever, and that he does not claim to exclude anyone from the pending negotiation who are interested in it, whether it be the question of the States General, or the admission of the American colonies.” Johan Isaac de Swart's source for this extract is unknown.

Docno: ADMS-06-13-02-0121

Author: Adams, John
Recipient: Berckel, Engelbert François van
Date: 1782-07-23

To Engelbert François van Berckel

[salute] Sir

I have recd. this morning the Letter which You did me the honor to write me yesterday. All that You say about Madam D'Hogendorp, and the “Inconnu” is a Mystery to me, never having had a Visit or Application from either, to my Knowledge. It would give me pleasure however to be of any Service to this Person upon your Recommendation, if it were in my power: but I have not only no Authority to recommend any body to Offices or Employments in America, but I am forbidden ever to give any one the least Encouragement. There are in America as in all other Countries, two Persons who wish for Employment, to one Employment, and therefore whoever goes to America with Expectations of getting into public Employment will find himself disappointed; and most certainly would not thank me for leading him into an Error and decieving him with false hopes. If after this candid Information he persists in his determination to go to America, I will with pleasure, at your desire, give him Letters of Introduction to some of my Friends at Philadelphia or Boston.1
I wish it were generally known that Congress have heretofore been obliged to thank some hundreds of Officers and other Gentlemen of undoubted good Characters, and who carried with them great Recommendations.2 It is near five Years ago, that they put themselves to the Expence of paying the Voyages back again to Europe of above an hundred Persons who had gone over in hopes of Employments, which Congress had not to give. They will not at this time a day repeat this Expence, and therefore I cannot encourage any Man to go over, in hopes of public Employment.
As to the Treaty, Sir, I have communicated to several Pensionaries that I could agree to the most of the Amendments proposed by the Admiralty: but I cannot agree to leave out entirely the 22d. and 23d. Articles: and what Objection there is to them I am not able to concieve, and no one has been so good as to point out to me any Harm or Injury they can possibly do this Republick. The Reason why the Congress should insist upon the Substance of them is obvious, vizt, because they have already plighted their Faith to the King of France to the Effect of them. The Amount of both those Articles is no more than this, “That this Treaty with the Republick shall not derogate from those already made with France.” If I were to meet the Com• { 199 } mittee of their High Mightinesses, We could in such a Conference very easily and very soon agree upon some modification of those two Articles, which would be acceptable to both Parties and upon all other Amendments which are proper to be made. If Amsterdam agrees to the Resolution proposed by the States of Holland on the 18th. of this instant July,3 the Treaty may be very easily and very soon concluded.

[salute] I have the Honor to be, with very great Respect, Sir, your most obedient and most humble Servant.

LbC in John Thaxter's hand (Adams Papers).
1. There is no indication that JA wrote any letters of recommendation for the d'Hogendorps.
2. JA means that the “Officers and other Gentlemen” were thanked for their trouble in coming to America, but without being offered employment. In March 1777, Congress resolved to instruct its diplomats in Europe to discourage foreign officers from coming to America “unless they are masters of our language, and have the best recommendations.” Later in the year Congress was forced to pay for the return of numerous French officers to France, and it was Silas Deane's prolific recruitment of French officers for service in the Continental Army that was partly responsible for his recall and JA's appointment to replace him (JCC, 7:174; 9:876–878; 8:721–722).
3. A printed copy of the report adopted by the Provincial States of Holland and West Friesland on 18 July is in the Adams Papers and is there accompanied by a partial French translation in Dumas' hand. The report approved the negotiation of the treaty but postponed final consideration until the views of Amsterdam and several other cities were known. It specifically referred to Arts. 22 and 23 of the draft treaty and recommended that they be either removed or replaced with a provision naming the specific articles in the Franco-American treaties, from which the Dutch-American Treaty was not to derogate. For further information on this issue, the most contentious of the negotiations, see Adriaan van Zeebergh's comments of 25 July, below; for its ultimate settlement, see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., below.

Docno: ADMS-06-13-02-0122

Author: Adams, John
Recipient: Grand, Henry
Date: 1782-07-23

To Henry Grand

[salute] Sir

I recd. in due time your favor of May 31st, I thank You for the settlement of the Account contained in it, the Ballance of which being 86f. 9s., I recieved of Messs. Fizeaux Grand & Co, and gave them two Receipts to serve for one, on the sixth of June last.
With the Wine, I wish You to drink “Success to the three combined or concerted Fleets,” and consequently, “A glorious Peace.”

[salute] With great Esteem I have the Honor to be, Sir, your most obedient Servant.

LbC in John Thaxter's hand (Adams Papers).

Docno: ADMS-06-13-02-0123-0001

Author: Cange, M. Du
Recipient: Adams, John
Date: 1782-07-23

From M. Du Cange

[salute] Monsieur

Permettez moi de vous remercier d'une maniere plus particuliere de la façon obligeante avec laquelle vous m'avez reçu ce matin, quoique je n'eusse pas l'honneur de vous être connu. Comme Ecrivain d'une feuille Publique, j'entre dans une Carriere où il m'importe extrêmement de me concilier l'estime des Personnes en place, et Celle de Votre Excellence est du nombre de celles dont je suis le plus jaloux. Combien de fois, Monsieur, Votre Estimable ami Mr. Jennings, m'a fait l'Eloge de votre Caractere avec ce ton de vérité qui est l'apanage de votre nation! J'ose donc prier Votre Excellence, tant en mon nom qu'en celui de Mr. Gosse le Pere,1 qui aura l'honneur lui même de vous présenter ses respects, de vouloir bien nous gratifier lorsque l'occasion s'en presentera des nouvelles dont vous pourez etre instruit d'une maniere plus particuliere, en vous promettant de n'en faire que l'usage que vous nous dicterez. Je vous fais mes remercimens pour les Papiers que vous m'avez confiés ce matin, et dont nous tirerons tout le parti qui nous Sera possible.2 Excusez, Monsieur, la liberte que je prends de vous adresser la présente, et ne l'attribuez qu'au desir de gagner votre faveur et votre protection.

[salute] J'ai l'honneur d'etre avec Respect De Votre Excellence Le trés humble et très obeissant Serviteur

[signed] Du Cange

Docno: ADMS-06-13-02-0123-0002

Author: Cange, M. Du
Recipient: Adams, John
Date: 1782-07-23

Du Cange to John Adams: A Translation

[salute] Sir

Allow me to thank you for receiving me this morning even though I was a stranger to you. As a writer for a public journal, it is very important for my career to gain the esteem of prominent people, and your excellency's esteem is something that I would like to have. How many times, sir, has your estimable friend Mr. Jenings praised you with the honesty that is characteristic of your nation! I therefore dare to ask your excellency, as much for me as for Mr. Gosse Sr.,1 who will have the honor of paying his respects to you himself, to send us any information that you wish us to use and explicit instructions as to how we should use it. Thank you for the papers you gave me this morning from which we will utilize whatever is possible.2 Please, sir, excuse the liberty that I am taking in writing this letter to you, and view it only as a desire to gain your favor and your patronage.

[salute] I have the honor to be with respect, your excellency's most humble and very obedient servant

[signed] Du Cange
{ 201 }
1. Pierre Gosse, with his son, published the Gravenhaagse Na-Courant and its French version, the Gazette de la Haye, and presumably employed Du Cange as a writer (PCC, No. 145, f. 57).
2. The papers supplied by JA have not been identified.

Docno: ADMS-06-13-02-0124

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-07-24

From Edmund Jenings

[salute] Sir

I am honoured by the receipt of your Excellencys Letters of the 17th and 20th Instant.
Considering the former Conduct of Mr Fox in the Early part of Life one cannot but be astonished at what He is now doing. His Ideas are vast and his Fortitude wonderful in these Times; but to tell your Excellency truly I can never trust a Man entirely, whose principles and course of Life were once so loose and irregular.1 However He must be supported by the people of England for No one is more capable of confounding the insidious Arts of Shelbune whom I am convinced cannot Stand before Him especially if the Bedford party should give Him Cuntenese and they have hitherto done it. The Ideas, which Mr Fox has, were not, I imagine, originally his own, they come from the Duke of Richmond, who saw before I left England the only sure ground of proceeding. I fancy the Dukes Staying in place is a concerted Measure.
Give me leave to inform your Excellency of an Anecdote, which came to my Knowledge by a preceding post from England. The Gentleman who sends it me says He thinks He can vouch its for a fact.
“Immediately after the Death of Lord R. the King said to Shelburne I will be plain with you, the point next my Heart, and which I am determind be the Consequence what it may, never to relinquish but with my Crown and Life, is to prevent a total Uniquivocal recognition of the Independence of A. Promise to support me on this ground and I will leave you Unmolested on every other ground, and with full power as the prime Minister of this Kingdom.”2 The bargain was struck between these two bad Men.
When the Manuscript Bill, which I sent your Excellency was passed into an Act, the second Clause of the Preamble was struck out.3
There cannot be a doubt but the Powers of Europe might have put an End to the War long since by most peaceable Means, but { 202 } how can one expect that those, who are calld the armed Nutrallity or any other should take the step, which your Excellency Advises, when Spain has not yet Acknowledged the Independancy, there is something in Her Conduct surprizing, perhaps she may now be inclind to this step, but indeed she appears to have but little Merit.
I Hope the English Agents will be all sent away from France it is astonishing to me that any of them has been suffered to Stay, but perhaps they flattered the conceit of one man, who I Agree with your Excellency is the very fellow of Shelburne and with more rancour than any Man. Indeed your Excellency Must Watch his Conduct for the good of your Country, He is capable of doing much Mischief.4
Mr L is by this Time at Nantes, where He wrote me He proposed going in Search of a passage to America. His Address is at Madame Babut & La bouchiere. He mentiond to me the Anonymous Letter, and assurd me that He did not credit a Word of it, and that He had the Utmost respect and regard for your Excellency. I shall write and obey most punctually your Excellencys orders.
I wish I may find soon an opportunity to send your Excellency a Pamphlet which B has lately sent me entitled Reflections upon the present State of England and the Independance of America—it is an Excellent one.5
Your Excellency sees there has been a Meeting of Mr Foxs Constituents in Westminster the Speech He made on that occasion will be printed.6 I Hope the Yorkshire Gentlemen will soon come to some noble resolutions, what an occasion have they when they meet to do the last Honor to the Noble Marquiss. They will have a better opportunity to do it and for a better purpose, than the burial of Caeser offered.
Upon the whole Appearance of Affairs altho I have my Uneasiness, yet I think from Necessity England must Submit and tho Shelburne may flatter the King that He is in his Sytem yet neither one or the other are capable of Standing out long. I am sure that all the Money necessary for the Service of the Current Year is not raised, and that it is impossible to do any thing Effectual, if Europe Continues as it is, the next, and therefore I expect to see your Excellency pass through This Town to Paris.

[salute] I am with greatest Respect Sir your Excellencys most Obedient Humble Servt.

[signed] Edm: Jenings
RC (Adams Papers); endorsed: “July 24. 1782.”
{ 203 }
1. Fox was noted in his youth for his dissipated lifestyle and heavy gambling that resulted in the loss of most of his personal fortune and the incurring of substantial debt. But even in 1782 his lifestyle had not fundamentally changed, contrary to what might be implied from Jenings' comment, which was likely owing to a desire to see something good in a British politician whose policies toward the United States were viewed as more favorable than those of the Shelburne ministry (DNB).
2. The source of this anecdote is unknown, but it is not surprising that such an account would be current among those opposed to Shelburne's ministry, since such a bargain between George III and Shelburne was at least implied by most of the opposition speakers in the House of Commons on 9 July.
3. Jenings had sent the bill as an enclosure with his letter of 8 July (Adams Papers), for which see JA's reply of the 9th, and note 1, above.
4. Probably a reference to Benjamin Franklin, in response to JA's comments about Franklin in his letters of 17 and 20 July to Jenings, both above.
5. A copy of Thomas Day's Reflexions upon the Present State of England, and the Independence of America, London, 1782, is in JA's library at MB (Catalogue of JA's Library). Day was a British poet, essayist, and novelist (DNB). For a quotation from the pamphlet, see Jenings' letter of [ca. 1 Aug.], below.
6. Accounts of Fox's 17 July speech before his Westminster constituents appeared the next day in the London newspapers, for which see Parker's General Advertiser and Morning Intelligencer. It was almost immediately published as a pamphlet entitled The Speech of the Right Honourable Charles James Fox, at a General Meeting of the Electors of Westminster, Assembled in Westminster-Hall, July 17, 1782, London, 1782. In his speech, Fox covered much the same ground as in the Commons debates on 9 July, particularly his distrust of Shelburne and his pledge to recognize American independence.

Docno: ADMS-06-13-02-0125

Author: Sullivan, James
Recipient: Adams, John
Date: 1782-07-24

From James Sullivan

[salute] Dear Sir

Your Numerous friends will undoubtedly give you by this Conveyance all the news we have in this part of the world, but that you may not think me wanting in that respect which we all owe to your public Character, and that Esteem I ever had for you in private life, I intrude this letter upon you: I have not however the ambition to wish you would acknowledge the receipt of it, because I am sensible that your time is wholly taken up in business of importance, and besides, there is nothing in it that can need an answer.
We have had nothing from the Camp or from york for several Days G Washington hath been in Controversy with the present and late British generals upon the Murder of one Capt Huddy of N Jersy who was Tried by the late board of refugees in york and hanged—he ordered one Asgill a Capt in the surrender of york Town to be executed, soon afterwards we heard that Sir Guy Carlton had ordered one Lippencut and the perpetrator out to be hanged on the Jersey Shore but lately nothing has been said about it.1
All our Supplies of money from france is carried into york for Goods. So that we have by no means money to pay our Taxes. Congress recommend it warmly to the States to pass effiecacious Acts { 204 } against Such proceedings. I am ordered now to draw a bill against it in this State—but am very sensible that while the merchants and traders look upon a person who shall now Seize or inform in as odious a light as we used to formerly, very Little will be done in execution of the Act. I got a number of the merchants together and said whatever I had in my mind about it. An association is Set on foot and Deacon Smith and a few others have signed it but it appears to me nearly impossible to make it general.2 The importers of goods [fro]m Europe are ready to associate against taking Goods from york but the bringing English Goods by way of Ostend is not so readily given up. I wish for your sentiments on this Subject writen to some one of your friends who will Communicate them to me.3
The finances of each State in the union are intirely deranged, there is a shameful inattention to this important matter throughout the Continent. This State owes at a large Computation about 1700,000 pounds the Interest of which is near about 100,000 annually our present excise if extended to Lemons Limes Oranges Suggar Coffee and Cocoa will amount to a sum fully equal to the Interest, our Civil Government the last year amounted to an expence of 80,000 pounds this may well be reduced to twenty. Congress calls upon us for 400,000 pounds to support our Army the people can bear a Tax of 500,000 without being unreasonably burthened and yet we have not money enough in our Treasury to send an express to head quarters. I inclose you the purport of an Order lately passed by the general Court to have their finances arranged but I have no hope of the general Courts adopting any plan that may be laid before them.4
Our new Constitution has lost all the energy which the propriety and Justness of its principles gave it at the first introduction of it. A number of people in the County of Hampshire stimulated by the Tories arose to oppose Government. The Superour Court there in april Last Acted with great firmness and Success agt. them. Their Leader5 was committed to prison but was afterwards rescued by an Armed force of 130 men. The people there collected in Arms to assist Government. Each side acquired new force untill the Number on the Side of Government amounted to 800 men, on the Side of the insurgents there assembled nearly 400. Both Sides seemed determined. An express arrived to the Governor from the Sherriff. It was laid before the General Court where the question whether the insurgents were wrong or right was agitated. This damped the Spirits of the people on the Side of Government and gave boldness to { 205 } the other side. Nothing since hath been done save the appointment of a Committee to go to treat with the Insurgents Mr Adams was I am told against the measure but he is now gone on the Commission. Had the governor Ordered the whole militia of the State in motion to aid the civil authority the matter would have Ended well without Shedding blood, but as the matter is now managed by the General Court the weakness of Government is too strongly painted to be capable of Coerce.
I have given you the bad side of our affairs and least you should think that I am in a fit of meloncholly I will give you something better—our Ships have arived lately from Europe beyond our most sanguine expectations. The Country abounds with merchandise as well as produce, and prizes of great Value Tumble in every day and so far are our people from wishing to relinquish their Independence that no man dares to make it a question whether we shall hold it or not. The people at large would not deign to here a Conversation upon the Subject and they will most chearfully Sacrifice every thing to Independence if their Rulers will Conduct their affairs with any tolerable prudence.
I wish your return here exceedingly if you could be Spared from your Countrys service in Europe you could do much for your Country here.

[salute] I am Sir the greatest Esteem and Friendship your most obedt & very Hble Servt

[signed] James Sullivan
I should not have Trusted the aforgoing Sentiments to paper but am assured that Captain Coffin6 will Sink the Letter if he is in danger of being taken.
RC (Adams Papers). Some loss of text due to damage at edge of letter.
1. For more on the so-called Asgill affair, see Robert R. Livingston to JA, 29 May, note 5, above.
2. On 21 June, Congress adopted a resolution recommending that state legislatures “adopt the most efficacious measures for suppressing all traffic and illicit intercourse between their respective citizens and the enemy” (JCC, 22:341). The Mass. General Court initially addressed this issue in March 1781 with “An Act for Preventing All Commerce and Illegal Correspondence with the Enemies of the United States of America,” and strengthened it in May 1781 with “An Act in Addition . . .” (Mass., Acts and Laws, 1:55–59, 67–69). As Sullivan predicted, the General Court took no immediate action on Congress' recommendation, but on 7 Sept., Isaac Smith Sr., possibly the “Deacon Smith” referred to by Sullivan, wrote to JA regarding the illicit trade from New York. In his letter he indicated that on 6 Sept. the Boston Town Meeting had adopted spirited resolutions condemning such trade and calling on the General Court to take more effective measures to stop it (AFC, 4:378–379; Boston, Reports, 26:272–275). Likely as a result of Boston's action, the General Court again revised its 1781 law by adopting another “Act in Addition” (Mass., Acts and Laws, 2:84–91).
3. For JA's “sentiments,” see his letter to Sullivan of 6 Sept., below.
{ 206 }
4. The order to which Sullivan refers has not been identified, but in early July the General Court adopted a number of acts and resolves concerning finances and the treasury (Mass., Acts and Laws, 2:34–38, 42–44, 250–257).
5. Samuel Ely. For more on the uprising and the committee appointed by the General Court to investigate the situation, see Samuel Cooper to JA, 22 July, note 4, above.
6. Capt. Alexander Coffin reached Amsterdam in early Oct., and on his return to America he carried merchandise for AA (to Wilhem & Jan Willink, 12 Oct.; from Wilhem & Jan Willink, 14 Oct., both below; AFC, 5:19–20).

Docno: ADMS-06-13-02-0126-0001-0001

Author: Zeebergh, Adriaan van
Recipient: Adams, John
Date: 1782-07-25

From Adriaan van Zeebergh

[salute] Monsieúr

J'ai l'honneúr de faire parvenir ci joint a votre Excellence les considerations, que j'eus le plaisir de lúi communiqúer hier de boúche.
En eclaircissant ainsi mes idées et celles de ma ville quant aux Articles differentiaúx dú projet Traité entre les deúx Republiqúes, j'espere, qúe cela pourra contribúer en quelqúe Sorte a ún accommodement Salútaire, Súr ún point, d'ont noús convenous entierement; Si je ne me trompe, eu principe.
Je Súis tres flatté d'avoir cette occasion poúr temoigner a votre Excellence le respect, avec lequel j'ai l'honneúr d'etre, Monsieúr, Votre tres humble et tres obeissant Serviteúr,
[signed] A: Van Zeebergh1

Docno: ADMS-06-13-02-0126-0001-0002

Author: Zeebergh, Adriaan van
Recipient: Adams, John
Date: 1782-07-25

Encosure: Van Zeebergh's Notes on the Dutch-American Treaty

Consideratien op Art. 22. & 23. van het project Tractaat tusschen Haar Hoog Mog. en de Vereenigde Staaten van America.
Wanneer men den generaalen inhoud van die twee Artt. admitteerde, en dús van wegens Hún Hoog Mog. toegaf, dat dit geheele Tractaat in alle zyne Clausulen en Artt. nú en voor 't vervolg verstaan zal moeten worden niet te contrarieren aan de Stipúlatien, voorkomende in de twee Tractaaten, door de vereenigde Staaten van America met zyne Majesteit den Koning van Frankryk reeds gemaakt &c.; zoo zouden daar úit dan resulteren dezer twee inconvenienten:
Voor eerst, dat wij telkens bij 't gebrúik maaken van elk Art. met angstvalligheid zouden moeten consuleren alle de Artt. úit den Tractaaten met Frankrijk, om dús na te gaan, of in dezelven iets gevonden wierd, 't welk eenige limitatie aan het Art. úit ons Tractaat zoude toebrengen.
{ 207 }
Iets zeker, dat veel moeyelykheid, en teffens dubieteit, altoos veroorzaaken zoú; te meer noch, wanneer onbekende Secrete Artt. daar onder begrepen zyn.
Ten tweede, dat wij ten aanzien van den zin en 't verstand van ons Tractaat, bij vervolg van tijd, en wanneer onverhooptelijk eenige verwijderingen tusschen deze Republiek en Frankrijk of Spanje ontstaan mogten, zouden worden geexponeerd aan discússien met de gen. Mogenheden: discússien, die voor deze Republiek altoos te nadeeliger zouden moeten uitvallein, om dat zij zich door het admitteren der voorz. twee Artt. in effecte zouden hebben verbonden, om haar geheel Tractaat úit de gemaakte Tractaaten met de gen. Mogenheden ten allen tijde explicaties te doen ontfangen.
Deze zwarigheden liggen in de letter van de twee Artt. in quaestien volstrekt opgesloten, en zijn voor deze Republiek al te gewigtig, dan dat aan de mogelykheid zelfs om in vervolg van tijd daar aan blootgesteld te worden eenige plaats kan of behoort te worden overgelaaten.
Het kan ook nooit de intentie van den Heer Adams geweest zijn om deze Repúbliek aan diergelijke mogelijke gevolgen van de voors. gemaakte bedenkingen te exponeren, maar zijne Excellentie moet daar mede alleen bedoeld hebben zekere bepaalde Stipúlatien uit de Tractaaten met Frankrijk, die direct eenige exclúsive concessien in zich bevatten.
Zeker is het, dat zoodanigen Stipulatien, als door het formeel Slúiten der Tractaaten, waar in ze voorkomen, haar volledig beslag gekregen hebbende, niet kunnen of behooren te worden geinfringeerd of verminderd door posterieuren Tractaaten met andere Mogenheden; maar dat het compleet effect van zúlke Stipúlatien Speciaal by het maaken van anderen Tractaaten moet worden in 't oog gehoúden en geconserveerd.
Hierom zoú het zeker vrúgteloos weezen, indien deze Republiek de werking van dergelyke particuliere Stipulatien, of expresselijk, of Stilzwijgend, wilden úitslúiten of verminderen.
En gelijk derhalve het primitief oogmerk van den Heer Adams, op zich zelve beschouwd, moet worden gebillijkt, maar den voorgeslagen wijze, waar op het zelve bereikt zoúde worden, merkelijke zwarigheden voor deze Repúbliek bevat; zoo is de vraag, of dit niet door het inslaan van zekeren middelweg, die aan de wederzydsche bedoelingen genoegsaam voldoen kan, te vereffenen zouden zijn.
Het eenvouwigste middel hier toe zoúde weezen:
{ 208 }
Indien den Heer Adams konde goedvinden van de Speciaale Artt. en Stipúlatien, die eenige privative concessie voor Frankrijk (en casúqus ook voor Spanje) behelzen, en door zijn Excellentie bij het projecteren van de twee Artt. in quaestie bedoeld zijn, optegeeven; als kúnnende dan, met betrekking tot die alzoo nominatien opgegeeven Artt. en poincten, in het Tractaat met deze Republiek, of, zoo zúlks gepraefereerd wierd, by een Separaat en Secreet Art., worden geconvenieerd, dat ons Tractaat niet gerekend zoúde worden eenigzins contrarie te zijn aan de zelve poincten, of daar aan in 't minst te derogeren: met verdere byvoeging, dat even dit zelfde plaats zal hebben ten aanzien van zyne Catholiqúe Majesteit den Koning van Spanje, voor zoo verre hoogst de zelve tot de voors. twee Tractaaten, en byzonder tot de gen. opgegeeven particulieren Stipúlatien, zoúde willen accederen.
Of men zoú bij het Tractaat in generaalen woorden kunnen zeggen: Dat de inhoud van het zelve niet zal worden gerekend contrarie te zijn aan de particúliere Stipulatien, uit kragte der twee gemaakte Tractaaten met Zijne AllerChristelykste Majesteit, en waar toe het aan Zijne Catholicque Majesteit, moet vrij blyven te accederen, voort vloeijende, noch daar aan in 't minste te derogeren:
Terwijl dan vervolgens bij een Secreet Art. het gen. te maaken Art. indien voege zouden moeten worden geëlúcideerd, dat men met betrekking tot de waare intenties daar van zoú dienen op te geeven de Speciaale gevallen en Artt. uit de Tractaaten met Frankrijk, bij dat beding eigenlijk en alleen bedoeld, en het zelve daar toe nominaten te stringeren.

Docno: ADMS-06-13-02-0126-0002-0001

Author: Zeebergh, Adriaan van
Recipient: Adams, John
Date: 1782-07-25

Adriaan van Zeebergh to John Adams: A Translation

[salute] Sir

I have the honor of enclosing to your excellency the considerations we discussed yesterday.
By clarifying my ideas and those of my city regarding the differentiating articles in the treaty plan between the two republics, I hope this can contribute in some way toward a good compromise on a point that, if I am not mistaken, we agree on entirely in principle.
I am delighted to have this opportunity to express to your excellency the respect with which I have the honor to be, sir, your very humble and very obedient servant
[signed] A: Van Zeebergh1
RC and enclosure (Adams Papers); the recipient's copy is filmed at 25 Sept. (Adams Papers, Microfilms, Reel No. 358); enclosure endorsed: “Mr Van Zeeberg's Observations on the 22 & 23 Articles” and, accompanied by C. W. F. Dumas' French translation, is filmed at [22–29 Aug.] (same, Reel No. 357).
1. For JA's good opinion of Adriaan van Zeebergh, a lawyer and the pensionary of Haarlem, see his letter of 4 Sept. to Robert R. Livingston, below. Van Zeebergh's observations on Arts. 22 and 23 constitute the most detailed explanation available of the reasons why the Dutch wanted them removed from the treaty. Equally important is the fact that Van Zeebergh suggested a means to overcome the Dutch objections. For the ultimate resolution of the problem posed by the two articles, see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., Nos. II, III, and IV, below.

Docno: ADMS-06-13-02-0126-0002-0002

Author: Zeebergh, Adriaan van
Recipient: Adams, John
Date: 1782-07-25

Enclosure: Van Zeebergh's Notes on the Dutch-American Treaty: A Translation

Considerations on Articles 22 & 23 of the draft treaty between their High Mightinesses and the United States of America.
If one admitted the general content of those two articles, and thus because their High Mightinesses conceded that this complete treaty, in all its clauses and articles, now and henceforth should be understood not to go against the stipulations of the two treaties already concluded between the United States of America and His Majesty the King of France, etc., then these two inconveniences would be the result:
First, that every time we made use of any article, we would have to painstakingly consult all the articles from the treaties with France to check accordingly whether something were to be found in the treaties which would involve some limitations regarding the article in our treaty.
This would surely always cause much difficulty and uncertainty, especially if unknown, secret articles would be included there.
Secondly, that regarding the sense and logic of our treaty, with the passage of time and if unforeseen disagreements might arise between this Republic and France or Spain, we would be exposed to discussions with those powers: discussions that would always turn out to be more disadvantageous for this republic because, in effect, by admitting the said two articles she would have committed herself to receive interpretations of her own treaty based on those already concluded with the aforementioned powers.
These objections lie expressly and literally in the two articles in question, and are of such importance to this republic that in case it would be exposed to this in the future, room should be made in the treaty.
Also, it can never have been Mr. Adams' intention to expose this republic to such possible consequences of the aforementioned objections, but his excellency must have therewith intended certain stipulations in the treaties with France containing some exclusive concessions.
It is certain that such stipulations, which have acquired their force by the formal conclusion of the treaties in which they are found, cannot be or ought not to be infringed upon or reduced by later treaties with other powers, but that the complete effect of such stipulations should be kept in mind and preserved especially when making other treaties.
Because of this, it would certainly be fruitless for this republic, explicitly or implicitly, to exclude or reduce the effect of such particular stipulations.
And likewise, Mr. Adams' primary goal, taken on its own, must be approved, but the proposed manner by which it would be attained contains considerable objections for this republic; thus, the question is whether this could not be settled by taking a certain middle road that would satisfy the mutual intentions.
{ 210 }
The simplest way to go about this would be:
That Mr. Adams could indicate the special articles and stipulations that contain some private concessions to France (and as the case may be also for Spain), and if his excellency in drafting the two articles in question could, relative to the articles and points so indicated, agree in the treaty with this republic or, if preferred, in a separate and secret article, that our treaty would not be deemed in anyway to be contrary to these points, or to deviate therefrom in the least: with further addition that the same would take place with regard to his Catholic Majesty, the King of Spain, in so far as the said Majesty would have acceded to the two above mentioned treaties and particularly to the particular stipulations so indicated.
Or one could say in general terms in the treaty: that its contents will not be deemed in any way to be contrary to or derogate from the particular stipulations which have precedence by virtue of the two treaties concluded with his Most Christian Majesty to which his Most Catholic Majesty retains the freedom to accede.
While then, by a secret article, the article placed in the treaty could be explained, indicating in order to make known the true intention of said article, the special cases and articles from the treaties with France that it has properly and uniquely in view and that is only intended to regulate the references thereto.
The content of all or some notes that appeared on this page in the printed volume has been moved to the end of the preceding document.
RC and enclosure (Adams Papers); the recipient's copy is filmed at 25 Sept. (Adams Papers, Microfilms, Reel No. 358); enclosure endorsed: “Mr Van Zeeberg's Observations on the 22 & 23 Articles” and, accompanied by C. W. F. Dumas' French translation, is filmed at [22–29 Aug.] (same, Reel No. 357).

Docno: ADMS-06-13-02-0127-0001

Author: Cerisier, Antoine Marie
Recipient: Adams, John
Date: 1782-07-27

From Antoine Marie Cerisier

[salute] Monsieur

Peut-être aurai-je l'honneur de répondre demain à l'invitation que vous m'avez faite avec tant d'affabilité, d'aller vous vois à la Haye. Je Sens que j'ai besoin d'aller puiser dans votre conversation; c'est dans cette source féconde que j'irai chercher à réparer la sécheresse de mes faibles lumieres. Si je n'arrivai pas demain a la Haye, ce serait certainement samedi de la semaine prochaine. Comme personne ne me connait dans cette résidence, je serai flatté d'entendre causer l'un et l'autre; mais hélas mon absence ne peut être longue à { 211 } cause de l'esclavage de la Gazette;1 j'espere que mon corps en profitera autant que mon esprit; car suivant les médecins, ma santé asses délabrée depuis quelque tems à quelque besoin de changer un peu d'air.

[salute] J'ai l'honneur d'etre le même dévoûment & la même vènération que vous m'avez connus de votre Excellence le Très humble & très obéissant serviteur

[signed] A M. Cerisier

Docno: ADMS-06-13-02-0127-0002

Author: Cerisier, Antoine Marie
Recipient: Adams, John
Date: 1782-07-27

Antoine Marie Cerisier to John Adams: A Translation

[salute] Sir

May I please have the honor of responding tomorrow to your affable invitation to visit you at The Hague? I sense that I need to converse with you; it is from this deep well that I will seek to refresh my parched ideas. If I do not arrive at The Hague tomorrow, it certainly will be Saturday of next week. Since no one knows me at this residence, I would be delighted to hear their conversations, but alas, I cannot be absent from the enslavement of the Gazette for very long.1 I hope that my body will profit from it as much as my spirit because according to the doctors, my fairly poor health would benefit from a little change in the air.

[salute] I have the honor to be, with the same devotion and veneration that your excellency has shown to me, your very humble and very obedient servant

[signed] A M. Cerisier
1. Probably a reference to his editorship of Le politique hollandais, but he had also supplied the Gazette d'Amsterdam with French translations of English documents, for which see vol. 12:126, 130.

Docno: ADMS-06-13-02-0128

Author: Mazzei, Philip
Recipient: Adams, John
Date: 1782-07-30

From Philip Mazzei

[salute] Sir

The honour of your Excellency's letter of the 3d. instt. has afforded me a great satisfaction on many accounts, but particularly for the information of the flourishing state of our dear Country.
I hope you will have received before this my preceding of 28. ulto., to which I refer you in regard to the intentions of the European Courts. What your Excellency says on that subject confirms me in my opinion, which has been for some time, and is, that those Powers who should think of joining England, would receive much greater injury by it, than they could do to us. My reply to this Sovereign, as mentioned in my preceding, relative to our Independence, is a clear prove of my way of thinking on that head.
{ 212 }
The most dangerous intrigues alluded to in my letter of 21st. May, have been carried on within the circumference of the United Provinces; and I think I was justifiable in calling them not only refined, but even most refined, when I consider that the honest party have not been able to prove them clearly enough, as to bring the guilty to a legal punishement, and that, notwithstanding the precautions already taken, they still exist, to the prejudice of the good Cause, though in much lesser degree. The intrigues of the foreign Courts could not be kept secret, as your Excellency justly observes; but a domestick Enemy, provided of a number of Satellites in almost every department to shelter him, is the Devil. I hope to be sufficiently understood.
I have been much pleased with your Excellency's prognostick in regard to Irland, because you would not speak without some good foundations; I cannot however be so sanguine in my expectations on that point. I cannot flatter myself with the hope of an alliance with that Kingdom. It seems to me, that if the Irish are united in their claim about external Legislation England will acquiesce in it; that they will lose the point if they are not united.
Your reflections on the barbarous conduct of England cannot be in my opinion better adequate. I make no doubt but we shall pay due regard to it, and behave with gratitude and affection to our Friends, as a Nation; I have however my doubts about a good number of our People, who I am afraid will individually pass over it, and suffer to be lead by old prejudices in favour of a Country, which in point of justice, honour, and delicacy ought for ever to be detested by us. I wish with all my heart that I may be mistaken.
The intense uncommon heat of the Season has reduced me so low, that it will be impossible for me to undertake a journey before the middle of September; therefore I must beg your Excelly's favour to let me Know before I set out from this place, whether my preceding came safely to your hands, and if you have thought proper to send a copy of it in your cipher to America.1 I don't mean to abuse your Excellency's compleasance but for the certainty of it, while I express my hearty thanks for your very obliging, satisfactory, and friendly letter. And I have the honour to be most respectfully, Sir, your Excellency's most Humble & most Obedient Servant
[signed] Philip Mazzei
1. For JA's refusal to send Mazzei's 28 June letter to America and his reasons for it, see his reply to Mazzei of 12 Aug., below.

Docno: ADMS-06-13-02-0129

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-08-01

From Edmund Jenings

[salute] Sir

Supposing your Excellency ignorant of what is true, I take the Liberty of sending you what may be false, but it comes from England, that Land of Insidiousness.
Preliminaries of a Peace, said to be formed by the Rockingham Party, but if formed by any one I think Ld Shelburne is the Man.2
1st That the british Troops shall be withdrawn from the 13 Provinces of N America and a Truce made between G B and the said Provinces for — years (suppose 10 or 20).
2dly That a Negociation for Peace shall bona fide be opened between G B and the allies of America.
3dly. if the proposed Negociations between G B and the allies of America should not succeed so as to produce a Peace, but that War should Continue between the said Parties that America should Act and be treated as a neutral Nation.
4thy. That whenever Peace shall take place between G B and the allies of America the Truce between G B and America shall be converted into a perpetual Peace the Independance of America shall be admitted and Guarranteed by G B and a Commercial Treaty settled between Them.
5thly. That these propositions shall be made to the Court of France for Communication to the American Commissrs and for an Answer to the Court of G B.
I will take the first opportunity of sending your Excellency Mr Days Admirable Pamphlet in the mean while give me leave to send you the Character of Ld. Shelburne, as drawn therein:
“A Minister selfish and interested like his Predecessors may feel more Attachment to Pomp and Power than to the Essential Interests of his Country: with boundless Ambition, but a contracted Heart He may take Advantage of popular Delusions to violate his own Professions, or yielding to that mighty Influence against which He has so long declaimed, may Steer the public Vessel towards the very shoals, He has so repeatedly pointed out and instead of making the port, seek for refuge amidst the Storm.”3
Yesterday Mr Fitzherbert the English minister at this Court set out from Hence (As He said himself) for Paris.

[salute] I am with the greatest Respect Sir your Excellency's Most Obedient Humble Servt.

[signed] Edm: Jenings
{ 214 }
RC (Adams Papers). Filmed (at [25–28 Sept.], Adams Papers, Microfilms, Reel No. 358).
1. This date is derived from Jenings' reference in the final sentence of this letter to Alleyne Fitzherbert's departure for Paris on the previous day. Parker's General Advertiser and Morning Intelligencer of 10 Aug. reported that Fitzherbert left Brussels on 31 July. Also, JA refers to this letter and to Jenings' letter of 24 July, above, in his of 3 Aug., below.
2. Jenings wrote to Henry Laurens on 1 Aug., not found, and apparently enclosed the following proposals. For Laurens' comments on them and their origin in his reply of 5 Aug., not found, see Jenings' letter of 11 Aug., below.
3. Jenings quotes from Thomas Day's Reflexions upon the Present State of England, and the Independence of America, London, 1782, p. 110.

Docno: ADMS-06-13-02-0130

Author: Loveney, John
Recipient: Adams, John
Date: 1782-08-01

From John Loveney

[salute] Sr

I am to Acquaint you that Captn Allcock is Likely to go to Prison the Bill that was present'd to you1 it is the Astonishment to every Body it was not Discharg'd by you as he made not the Least Doubt but it wd. be paid on which Account he has plung'd himself into the Greatest Difficulties as I am a Principle Concern'd you'll Please to Communicate what Can be Done so as to prevent his Going Prison as he is in a Strange Place end without friends he has been at my house Ever since he Came to Amsterdam and I have Supportd him in Eating and Drinking and Money Lent permit therefore to Request Your Speedy Answer will be of the Utmost Consequence: there are many more Creditors for Considerable Sums. Yr. Humble. Servant
[signed] John Loveney
Please to Direct at the Crown in the Warmoes Streed2
RC (Adams Papers). Filmed (at [1782?], Adams Papers, Microfilms, Reel No. 358).
1. See Allcock to JA, 9 July, above.
2. JA replied the following day, “I can pay no Debts of Mr Allcock, nor advance him any more money. It is astonishing that any Body could ever have entertained so ground less an Apprehension as that I could pay the Bill you mention or any other like it” (LbC, Adams Papers).

Docno: ADMS-06-13-02-0131

Author: Jay, John
Recipient: Adams, John
Date: 1782-08-02

From John Jay

[salute] Sir

Your friendly Letter of the 8th. Ult. should not have remained so long unanswered, had I not been obliged by Sickness which lasted several Weeks to postpone writing to any of my Correspondents. Mrs. Jay has also been much indisposed—Indeed neither of us have been blessed with much Health since we left America.
{ 215 }
Your Negociations in Holland have been honorable to yourself as well as useful to your Country—I rejoice in both, and regret that your Health has been so severely taxed by the Business of your Employment. I have also had my Share of Perplexities, and some that I ought not to have met with. I congratulate You on the Prospect of your Loan's succeeding, and hope your Expectations on that Subject may be realized. I commend your Prudence however in not relying on appearances—they deceive us sometimes in all Countries.
My Negociations have not been discontinued by my leaving madrid. The Count d'Aranda is authorized to treat with me, and the Disposition of that Court to an Alliance with us seems daily to grow warmer.1 I wish we could have a few Hours Conversation on this Subject, and others connected with it—as we have no Cypher, I must be reserved. I had flattered myself with the Expectation of seeing you here, and still hope that when your Business at the Hague will admit of a few Weeks absence, you may prevail upon yourself to pay us a Visit. I really think that a free Conference between us might be useful as well as agreable—especially as we should thereby have an opportunity of making many Communications to each other that must not be committed to paper.2
Mr Oswald is here, and I hear that Mr Fitzherbert is to succeed Mr Grenville.3 Ld. Shelburne continues to profess a Desire of Peace—but his Professions unless supported by Facts can have little Credit with us. He says that our Independence shall be acknowledged—but it is not done, and therefore his Sincerity remains questionable. War must make peace for us—and we shall always find well appointed armies to be our ablest Negociators.
The Entrigues you allude to, I think may be also traced at Madrid, but I believe have very little Influence anywhere except perhaps at London. Petersburgh and Copenhagen in my opinion wish well to England, but are less desirous to share in the War, than in the Proffits of it—perhaps indeed further accessions of power to the House of Bourbon may excite Jealousy, especially as America as well as Holland is supposed to be very much under the Direction of France.
Did you receive my Letters of 18 March and 15 Ap.?4 Think a little of coming this Way.

[salute] I am Dear Sir with great Esteem & Regard Your most obt. & very h'ble Servt

[signed] John Jay
P.S. Mr Carmichael is at Madrid.
{ 216 }
RC (Adams Papers); endorsed: “Mr Jay Aug. 2. recd & ansd 10 1782.” Dft (NNC); notation: “Mr. J. Adams 2d Aug 1782 in ansr to 8 July.”
1. Jay's negotiations with the Conde de Aranda, the Spanish ambassador to France, began in early August, centered on the western boundary of the United States, and came to nothing. This was partly due to Jay's lack of fluency in either French or Spanish. But the lack of agreement was also the product of Spain's continued refusal, despite Jay's hopes, to recognize the United States and of its desire, supported by France, to keep the western border as far to the east of the Mississippi River as possible (Morris, Peacemakers, p. 306–307).
2. At this point in Jay's draft is the following paragraph that he did not copy into the letter sent to JA: “As to Negotiations for peace—they have been retarded by the late Changes in the british ministry. I have very little confidence in that Court and shall always expect more from this.>” The canceled passage is supplied from Richard B. Morris, ed., John Jay, Unpublished Papers, 17451784, 2 vols., N.Y., 1975, 1980, 2:267–268.
3. Appointed by Lord Shelburne in July to replace Thomas Grenville as British peace commissioner, Alleyne Fitzherbert, the British minister resident at Brussels, arrived at Paris on 2 Aug. (Morris, Peacemakers, p. 291, 305; Repertorium, 3:167). Although bearing a commission authorizing him to enter into peace negotiations with all the belligerent states, Fitzherbert was primarily responsible for negotiations with France, Spain, and the Netherlands, while Richard Oswald acted as the principal negotiator with the American peace commissioners.
4. Vol. 12:334–335, 410.

Docno: ADMS-06-13-02-0132

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-08-03

To Edmund Jenings

[salute] Sir

Your Favour with the Anecdote and that with the Preliminaries, I have recd.1 Be So good as to Send me every Thing of this Sort, which I will not fail to make a good Use of.
The Imprudence of Ld shelburne in keeping open the question of American Independence, appears, every day more glaring to me and I find it is Seen in the Same light generally in Europe. The Kings Mulish Stubbornness, may cost him very dear. What a dreadfull Curse to have a Mule for a King or a Statholder! What a fine Excuse they furnish to Spain and France? who need no other Justification than british Indiscretion is sure to afford them.
The Court Gazettes in this Country are growing more patriotick, one of them told me lately, “Monsieur, Vous Serez plus content de notre Gazette a l'avenir”2 and he has kept his Word. Indeed Frisland and Zealand and even Holland are taking Steps, which are alarming to these Gentry. Calling for Orders and Letters, means more than an attack upon the Duke, and has had an Effect accordingly.3
I long to See Mr Days Pamphlet. Pray what and who is this Mr Day?
Can you tell me the Names of the monthly and critical Reviewers in London? Franklin and Bancroft have Connections ancient and { 217 } modern with those Writers, and indeed with most of the Printers and Booksellers in London, which enable them to get a million of Wickednesses and Follies, published, to answer their Views, and to prevent Somethings which would serve a better Purpose, from being published.4
Will you be so good as to get Something like this inserted in some of the Papers, absolutely without its being known to any body but yr friend to whom you may send it, that it comes from you.5
RC (Adams Papers); endorsed: “His Excellency Mr Adams augst 3d 1782.”
1. 24 July and [ca. 1 Aug.], both above.
2. Sir, you will be very satisfied with our journal in the future. The newspaper referred to has not been identified but may have been the Gazette de la Haye. JA had met with a M. Du Cange who wrote for the paper and reportedly was to meet with its editor (from Du Cange, 23 July, above).
3. JA is presumably referring to the calls for the Dutch Navy to take a more aggressive role against the British, including combined operations with the French Navy. JA likely had seen the proposals from the provinces as printed in the newspapers. See, for example, the Gazette d'Amsterdam of 26, 30 July and 2 August. JA saw such efforts as more productive than efforts to dismiss the Duke of Brunswick as William V's chief advisor. For the controversy over Brunswick, see the indexes to vols. 11 and 12; for earlier comments on the effort as a diversion from more important national issues, see Joan Derk van der Capellen tot den Pol's letter of 6 Jan. and JA's reply of 14 Jan. 1782 (vol. 12:172–175, 184–186).
4. Jenings never responded directly to JA's request, but see his comments on the “puffs” that he had seen in the London newspapers in his letter of 22 Aug., below.
5. JA probably refers here to his longstanding desire to have his response to Joseph Galloway's Cool Thoughts, later known as the “Letters from a Distinguished American,” published in London. At least that is apparently what Jenings took him to mean in his reply of 11 Aug., below.

Docno: ADMS-06-13-02-0133

Author: Adams, John
Recipient: Dana, Francis
Date: 1782-08-07

To Francis Dana

[salute] Dear Sir

I have recd. the two halves of your letter to Congress, and they have been sent on.1 I sent you a few days since a packett fm. our Minister of foreign Affairs.2 Sometime ago, I sent unto you the miniature of Genl. Washington, wh. Mr. Searle gave me, and I am anxious to learn that you have recd. it.3
I can give you no news fm. America, France, Spain or Holland, but what you will have previously seen in the Newspapers. Patience is still necessary with this People. They must have their way and they always march with the slow step, excepting in the month of April last. The Treaty, I am told, will now be soon finished. Tomorrow, as they say, the States of Holland will take their resolutions upon it.
{ 218 }
Mr. Thaxter has been sick ever since I removed to the Hague, but is now getting better.
My Son has not written me a line a long time. He should not wait to receive letters from me, because he knows I am busy and he is at leisure.4
Now, Sir, for something of consequence. You are weary of a pitifull existence. So am I. Yet we must both bear it, lest our impatience should do mischief. I cannot advise you to come away this year. These moments are too critical and your powers are of too much importance. I think them of the greatest moment of any, except those for Peace. The simple signature of your name would pacify the world. I mean it would settle the great point, which, once settled, any Nation will afterwards continue the war unreasonably at its peril. My most friendly and candid advice is, therefore, to put on Patience as armour, wait another Winter. I don't mean by this, however, to advise you to be silent, unless you have reason to believe you shall be refused. You may communicate your character and mission in confidence to the confidential Minister—no, I mean the Minister of Foreign Affairs—represent to him that you came to that Court, as the first and Principal in the Armed Confederation, but that your Commission is to all. Represent delicately the propriety of that Courts communicating your application to the other Parties to that Treaty, that, if he refuse, you shall be obliged to go to the other Courts, those of Berlin, Stockholm, Vienna &ce. That it is doubly for the public good of Europe, that this Confederation should as one acknowledge American Independence, that it is even friendship to England and the only means of saving it from irretrieveable destruction. If you receive an answer and a refusal, come off, but go to Stockholm, Berlin or Vienna and sound those Ministers. If you receive no answer, communicate your Character and Powers to the Ministers of Stockholm, Berlin and Vienna, at Petersburg, and pray them to transmit them to their Court, and remain patiently where you are, 'till next year.
The Neutral Nations ought to seize on Fox's system and settle the matter.5 If they will do nothing by next Summer, I cannot advise you to wait longer.
I write you this, as crude hints, and beg you would consider them in no other light, and believe me to be your sincere Friend, and humle. Servt.
[signed] J. A.
{ 219 }
RC (MHi: Dana Family Papers); addressed: “The honble. Francis Dana Esqr. St. Petersbourg”; endorsed: “Mr: J: Adams's Letter Dated Augt: 7th. 1782 Recd: Aug: 18/29.”
1. For this letter, see Dana to JA, [1 July], note 2, above.
2. The packet contained copies of Livingston's letters of 2 March and 22 May to Dana, which were received on 29 Aug. and to which Dana replied on the 30th (Wharton, Dipl. Corr. Amer. Rev., 5:209–213, 436, 679–680). See also Dana's letter to JA of 30 Aug., below.
3. For the otherwise unidentified miniature portrait of George Washington, see vol. 12:217, 324, 397.
4. JQA's last letter was of 31 March; he wrote next on 6 Sept. (AFC, 4:302–303, 378).
5. That is, they should immediately recognize the United States as independent and sovereign; however, compare this statement and the advice given by JA earlier in the letter with his A Memorial to the Sovereigns of Europe, [ca. 5–8 July], above.

Docno: ADMS-06-13-02-0134

Author: Lee, Arthur
Recipient: Adams, John
Date: 1782-08-07

From Arthur Lee

[salute] Dear Sir

I wrote you a long letter of the 30th. Decr. 1780 to which I have not yet receivd any answer.1 But I cannot help writing a line to you by this opportunity, as well to congratulate you on the success of your negociations in Holland as to mention to you what I think may be of material concern to you; that the present minister for foreign affairs is as devoted a partizan of Count de Vergennes and Dr. Franklin as any that exists. Here he is entirely under the direction of the Minister and Marbois.2 It may be obvious that considerable caution will be necessary in your correspondence with such a minister. You may also judge that some ballance is necessary against the french influence here, to keep us from swerving from the interest of our Country wherever that happens to run counter to the real or imaginary interests of the Court of Versailles. Therefore a minister from the States general may be of essential utility here. For when there are two foreign parties, the friends to their country, tho few, may make the scale preponderate as they please, which certainly is not now the case. For these reasons I think you will render us an essential service by hastning the departure of a minister who may answer this valuable purpose.
Our affairs here at present are prosperous. The Enemy have evcuated Savannah after having been beaten in an engagement by Genl. Wayne; and it is pretty certain that the evacuation of Charles-town will soon follow.3 Hard-money begins to come in by taxes, and when Commerce has a little recoverd us from the baneful effects of Paper-money, I think, our Finances will soon acquire stability, and the States credit.
{ 220 }
The Instruction which subjects you to the french ministers gives great offence and uneasiness to many in Congress; and to no one more than to myself. I think it most dishonorable and dangerous. It is a surrender of our Independence and Soveriegnty and an acknowlegment that we are unequal to either. Mr. Jay has expressed the same sentiments very freely to Congress and I hope the Commissioners will not think that Instruction can bind them to assent to any thing injurious to their Country, tho it should be the advice and opinion of those who cannot have the interests of this Country so much at heart, and who are not responsible to us for their conduct.4

[salute] God bless you & prosper your Negociations, in spight of us, to a safe, honorable & lasting Peace.

PS. please to make my Compts to Mr. Jay, and let him know that his Letters have gaind him some friends, and perhaps lost some. But his account of a certain Court differs so much from what I had learnt of it, that I cannot but think there has been some secret agency in the business.5 Remember me affectionately to Mr. Laurens.
Sir Guy Carelton and Admiral Digby have announcd to Genl Washington and he to Congress, that Mr. Grenville is instructed to propose the Independence of the 13 provinces, so they phrase it, previous to a negociation.6
This Letter was committed to Mr Lee Mr. Witherspoon and Mr Rutlege, who will report I believe—That Congress consider the above Letter as mere matter of Information, inexplicit as to the nature and extent of the Independency directed to be proposd by the british Plenipotentiary; and as Congress have receivd no information on this subject from their ministers for negociating with G. B. therefore no public measure can or ought to be taken upon it, in its present form.
That it be hereby is recommended to the several States in the Union, not to remit of their exertions for carrying on the war with vigor and effect.
That the Commander in chief be authorizd to empower the Commissioners he shall appoint to settle a general Cartel; to release Earl Cornwallis from his parole in return for a similar indulgence granted by his britannic M. to the Honble. Mr. Laurens.
To our very great surprise, we have not receivd one line from you relative to our acknowlegement &c by the States general. Some of us suspect foul play with your Letters as Dr. Franklin has chosen to { 221 } be silent on the subject, which no doubt is very mortifying to him and his Employers.
RC (Adams Papers); endorsed: “A. Lee Esq. Aug 7. ansd Oct. 10. 1782 Livingston a devoted Partizan of Vergennes and Franklin. The Instruction wh. Subjects us to the French Minister.”
1. Neither Arthur Lee's letter nor a reply from JA is extant in the Adams Papers. JA likely never received the letter.
2. That is, the French minister at Philadelphia, the Chevalier de La Luzerne, and his secretary, Barbé-Marbois. For the effect of Livingston's close relationship with La Luzerne, see vol. 12:44.
3. The garrison at Savannah was evacuated to Charleston on 11 July, after the town was besieged by Gen. Anthony Wayne. The British did not leave Charleston until 14 Dec. (John Richard Alden, The South in the American Revolution, Baton Rouge, 1957, p. 266–267).
4. Lee is referring to Congress' instructions to the joint peace commissioners of [15 June 1781], and specifically to the third paragraph that directed them to “make the most candid & confidential communications to the ministers of our generous Ally the King of France to undertake nothing in the Negotiations for Peace or truce without their knowledge & concurrence & ultimately to govern yourselves by their advice & opinion” (vol. 11:374–377). John Jay had written to Congress on 20 Sept. 1781 to protest the provision and, in effect, to offer his resignation (Wharton, Dipl. Corr. Amer. Rev., 4:716–718). But JA had never commented on the provision referred to by Lee because he had deciphered only a portion of the first sentence of the third paragraph and was unaware that Congress intended the commissioners to negotiate under the direct supervision of the French government. Indeed, in his diary entry for 27 Oct., the day after he reached Paris, JA states, “this Instruction, which is alluded to in a Letter I received at the Hague a few days before I left it, has never yet been communicated to me” (D&A, 3:38; but see also JA's reply to Lee of 10 Oct., below).
Lee's objections to the instructions had a tangible result, for on 8 Aug. he moved that the peace instructions “be reconsidered.” That motion almost immediately was replaced with another requiring a committee to “be appointed to revise and consider the instructions . . . and to report what alterations ought to be made.” A lengthy debate then ensued, during which James Madison admitted that “the instructions given are a sacrifice of national dignity” but defended them as “a sacrifice of dignity to policy” because “the situation of affairs and circumstances at the time rendered this sacrifice necessary. Nothing essential is given up.” In the end a motion by Madison to appoint a committee “to take into consideration and report to Congress the most advisable means of securing to the United States the several objects claimed by them and not included in their ultimatum for peace” was adopted, but nothing further was done about the instructions (Wharton, Dipl. Corr. Amer. Rev., 5:645–651; JCC, 22:458–460).
In a letter to James Warren, likely written shortly after 8 Aug., Arthur Lee was even more explicit about his distaste for the instructions and their source. Lee noted that he had “movd in vain for reconsideration of the Instructions.” But, apparently assuming that John Jay would not act under the instructions, he declared that “the yoke is riveted upon us, and the Man [Franklin] who I am sure sold us in the negociation with France is the sole adjunct with Mr. Adams, in a negociation on which every thing that is dear and honorable to us depend. He, good man, felt no qualms at such a commission, no sense of dishonor or injury to his Country. On the contrary he expressd the utmost alacrity in accepting it, and I believe most cordially; since it puts him in the way of receiving money, which is the God of his Idolatry” (Warren-Adams Letters, 2:173; there dated [July]).
5. Lee is likely referring to John Jay's very long 28 April letter to Robert R. Livingston, which reached Congress on 2 Aug. (Wharton, Dipl. Corr. Amer. Rev., 5:336–377; PCC, No. 185, III, f. 36). There Jay described his continuing, but unsuccessful, efforts to open negotiations with Spain for recognition of the United States and for a commercial treaty. But most of the letter concerned the lack of support that he had received from both { 222 } the French ambassador and the Spanish government when a large number of bills drawn on him were presented for payment and, because he lacked sufficient funds, ultimately were protested. Lee indicated to JA that “some secret agency” was involved, but in his letter to James Warren cited in note 4, he stated that “Spain has behavd towards us with very little wisdom or decency; but it much to be suspected that the French were at the bottom of it” (Warren-Adams Letters, 2:174).
6. The letter from Gen. Sir Guy Carleton and Adm. Robert Digby was of 2 Aug. and was enclosed with George Washington's letter of 5 Aug. to Congress (PCC, No. 152, X, f. 669–671, 665–668). The Carleton-Digby letter informed Washington that Thomas Grenville was at Paris with powers to negotiate with all powers and that he was empowered to propose independence immediately rather than it being a condition for a general treaty, but in return the loyalists were to be restored their property or compensated. They then mentioned the release of Henry Laurens as amounting to his exchange for Cornwallis and the need to negotiate a general prisoner exchange. In response to Washington's request for advice on how to proceed, Congress adopted three resolutions on 12 August. The first resolved that the letter from Carleton and Digby, in so far as it concerned peace negotiations, be considered “as mere matter of information” in the absence of any information on the subject from the peace commissioners and that no action be taken regarding it. The second is as Lee indicates, but with “and effect” being replaced by “as the only effectual means of securing the settlement of a safe and honorable peace.” The third resolution as given by Lee was replaced by another that did not mention the exchange of Cornwallis for Laurens, but rather called only for negotiations to “settle forthwith a general cartel for the exchange of prisoners” (JCC, 23:462–464).

Docno: ADMS-06-13-02-0135-0001

Author: Berckel, Engelbert François van
Recipient: Adams, John
Date: 1782-08-08

From Engelbert François van Berckel

[salute] Monsieúr

J'ai le plaisir et l'honneúr, de Voús commúniqúer, qúe les Depútez de la Ville d'Amsterdam a l'assemblée des Etats d'hollande Vont recevoir, demain, la Resolútion dú Conseil de la ditte Ville, prise aújourd'huÿ,1 aú sújet dú Traité d'amitié et de Commerce, entre Leúrs Haútes Púissances, et les Etats Unis en Ameriqúe. Cette Resolution dú conseil contient les ordres les plús precises, poúr se conformer avec Le Raport Hollandais dú 18 Júillet dernier,2 avec le qúel toúts les aútres membres de L'Assemblée s'etoient deja conformez, avant noús; et des ordres, poúr ne retarder, soús aúcún pretexte la conclusion de ce grand oúvrage. Aússi doivent ils rejetter l'addition des mots, En Europe, dans le second, troise. et aútres articles du Traité, relativement aux Nations les plús favorisées; ayant êté consideré, que cette addition ou Limitation n'etoit pas seúlement úne noúveaúté, dont il n'y avoit point d'exemple; mais en oútre, sujette a de tres grands inconvenients. Dú reste, la Boúrsse de notre ville nous a súggeré encore qúelqúes remarqúes, qúi sont comprises dans la ditte Resolútion de notre Conseil; non pas, poúr proposer a Votre Excellence quelque alteration essentielle, qúi púisse trainer la deliberation; mais seúlement des remarqúes, qui { 223 } doivent être commúniqúées a Leúrs Haútes Puissances, pour être jointes aúx remarqúes, que leúrs committer ont mises a la marge dú Projet, qúe Votre Excellence a delivré aúx Etats generaúx. Et poúr qúe les únes et les aútres soient le sujet d'úne conference avec votre Excellence, Afin de faire des arrangements en consequence, et d'ún commún accord; sans que l'on pretende, que l'afaire soit encore prise ad referendúm; mais qúe la Commission de Leurs Hautes puissances soit múnie d'un pleinpouvoir pour la Conclusion dú dit Projet, avec les alterations, d'ont on poúra être d'acord, entre les deúx Parties Contractantes. Poúr les Remarques de notre Boúrsse, elles sont d'úne extrême simplicité; et servent plutot a donner, on a demander des eclaircissements que poúr ajoúter oú retrancher quelquechose d'essentiel. J'ai l'honneúr de Voús commúniqúer cette particúlarité, dans le dessein de prevenir des Surprizes; et pourque Votre Excellence, en cas que l'on hazerderoit de Voús proposer quelquechose, qui ne portat pas le dit Caractere, et qui poúroit Vous caúser quelqúe etonnement; Voús púissiez prendre de moi les eclaircissements necessaires, si votre Excellence le júgeat a propos. Je Vous suis tres obligé, Monsieúr, de ce qúe voús avez eú la bonté de me temoigner dans votre derniere, aú Sujet de L'Inconnú.3 Depúis ce tems la, je n'en ai recú aúcune Noúvelle. Et j'ai êté extiemement etonné, que tout ce que j'avois eú l'honneúr de voús communiqúer, au Sujet de Madame de Hogendorp, etoit mystere pour voús. Je puis montrer sa Lettre, dans la quelle elle M'ecrit qúe son fils avoit presenté l'inconnú a votre Excellence, avant qúe j'ai eú l'honneúr de vous ecrire a son sujet.

[salute] J'ai l'honneúr d'être avec l'estime et la Consideration les plús distingúées Monsieúr Votre tres húmble et tres obeissant Serviteúr

[signed] E. F. Van Berckel

Docno: ADMS-06-13-02-0135-0002

Author: Berckel, Engelbert François van
Recipient: Adams, John
Date: 1782-08-08

Engelbert François van Berckel to John Adams: A Translation

[salute] Sir

I have the pleasure and honor to communicate to you that tomorrow Amsterdam's deputies to the States of Holland will receive the Amsterdam council's resolution made today,1 regarding the treaty of amity and commerce between their High Mightinesses and the United States of America. This council's resolution contains very precise orders to conform with Holland's report of 18 July,2 with which all the other assembly members have already conformed, and orders not to delay the conclusion of this great work for any reason. Also, they must reject the addition of the words, In { 224 } Europe, in the second, third, and other articles of the treaty concerning most favored nations. After being considered, this addition or limitation was deemed only a novelty for which there has been no example and which would cause great inconveniences. Moreover, our stock exchange has suggested some remarks be added to our council's resolution, not to propose any essential change to your excellency that could slow down deliberations, but rather remarks that must be communicated to their High Mightinesses in order to add them to notes already made by their committees in the margins of your excellency's plan delivered to the states general. And for that, they must be the subject of a meeting with your excellency to come to an agreement, on the condition that the business be placed ad referendum; and that the commission of their High Mightinesses have ultimate authority for the final version, with the alterations agreed upon between the two contracting parties. As for the comments made by the stock exchange, they are very simple suggestions that serve to clarify the text by adding or omitting essential points. I have the honor of writing to you about these details in order to prevent any surprises, and so that your excellency, in case some proposal is made that is not in line with what was stated here, can ask me for any necessary clarifications. I am very obliged, sir, for the information in your last letter regarding the stranger.3 I have not received any news of him since that time. I was very surprised that everything I wrote to you regarding Mme. d'Hogendorp was a mystery to you. I can show you her letter stating that her son introduced the stranger to your excellency. This was before I wrote to you about him.

[salute] I have the honor to be with the highest esteem and consideration, sir, your very humble and very obedient servant

[signed] E. F. Van Berckel
RC (Adams Papers); endorsed: “Mr Van Berckel 8 Aug. ans 11. 1782.” This letter has a black border around it, for which see Van Berckel's letter of 22 July, descriptive note, above.
1. In the Adams Papers, dated 9 Aug., is a printed copy of Amsterdam's observations on the treaty. As JA indicates in his reply of 10 Aug., below, he was very happy to learn of Amsterdam's action regarding the treaty because, as the largest and most important city in the Netherlands, its comments regarding the draft treaty were of great significance, and its failure to act presumably was the principal reason for the four-month delay from the time that JA submitted his draft in April until negotiations began in late August. The importance of these proposals for additions or changes can be seen from the fact that they form the substance of the handwritten additions to the printed Dutch text of the draft treaty with its accompanying proposals for revisions in the text. It is not known when JA received this printed copy of Amsterdam's comments, but it likely was before negotiations formally began. For their inclusion as part of the Dutch proposals for a final treaty and JA's comments regarding them, see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., Nos. II and III, below.
2. See JA's letter to Van Berckel of 23 July, note 3, above.
3. Of 23 July, above.

Docno: ADMS-06-13-02-0136

Author: Willink, Wilhem & Jan (business)
Author: Staphorst, Nicolaas & Jacob van (business)
Author: La Lande & Fynje, de (business)
Recipient: Adams, John
Date: 1782-08-08

From Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje

[salute] Sir

We beg Leave to refer to our last letter of 11 July, by whch. we prayed, your Excellency to inform us, of abt. the Sums the drafts of Mr Laurens might amount to.
We have Since payed f 491:12— to Messrs: Gerb: Rarekes & J: G: Thin van Kulen, whch. is charged in acct: to the United States of America, and we inclose the lease of the House.
Said Gentlemen were pay'd of the half year's rent in arrear, now due to miss Van Tarelink who being in the Country, we want to wait her return to settle it.
In consequence of your Excellency's writing,1 to advice rather to Congress a few hundred thousand Guilders under the Sum in cash, than to exceed it anything, we take the liberty to pray your Excellency to inform us, what Sum we are to advice in Cash for congress to his Exc: Mr. Livingston.
We have received hitherto f 1.484000:— of whch. the intrest runs for acct. of Congress
of f1.314000:— from 1 June
of " 170000:— from 1 July
of whch. your Excellency'll be pleased to take notice.
We have forwarded the letters, with the copies of the obligations to congress.
The original with Capn. Samuel Smedley bound to Philadelphia.
The duplicate With Capn. Moses Grinell bound to Boston.
The triplicate Sent to nantes, to be forwarded by the first Ship.
The quadruplicate with Capn. Shubael Spooner, bound to Philadelphia, (we saÿ) Baltimore.
And the quintuplicate'll be Send by the very first Ship, whch. shall be ready.

[salute] We have the honour to remain most respectfully. Sir Your Excellencys Most Humble and Obedient Servants

[signed] Wilhem & Jan Willink
[signed] Nics. & Jacob van Staphorst
[signed] de la Lande & fynje
RC (Adams Papers); endorsed: “Messrs Wellinks & Co 8 Aug. Ansd 11. 1782.”
1. JA to Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje, 10 July, above.

Docno: ADMS-06-13-02-0137

Author: Adams, John
Recipient: Berckel, Engelbert François van
Date: 1782-08-10

To Engelbert François van Berckel

[salute] Sir

I have this day received the Letter which you, did me the honour to write me, on the 8. and am much obliged to you for your <candid> kind Communications, which will be of much Use to me, as I hope in bringing the Treaty to a just Conclusion. I rejoice that the City of Amsterdam has decided upon the matter so amically and candidly, and whenever any Propositions or Remarks shall be made to me My Sentiments upon them, Shall be communicated with equal Frankness and Candor. Where the Parties are in earnest in Searching for the Truth, and that only, it is not difficult to find, and I know of nothing that either can wish for in this Case but to make the Treaty as perfect and as usefull as possible.
The Resolution of Amsterdam to instruct their Deputies to have the Treaty concluded without delay, and without being again taken Ad Referendum is peculiarly agreable to me, because I am very anxious to have it finished. It has been already, long under deliberation, and it ought to be upon its Passage to Congress for Ratification, together with a Minister from their High Mightinesses to the United States. Gentlemen here, Seem much at a Loss to find a Man, both qualified for this Service and willing to Undertake it. I should think however that many might be found. There is probably no office, in which a Man of Abilities might render more important Service to his Country.
The Reports of Peace are renewed, and Mr Oswald and Mr Fitzherbert are at Paris. Lord Shelburne promises to acknowledge American Independence in the Treaty of Peace, but he will not perform it, and he means nothing but Amusement, which he will keep up for a few Months or Weeks, and by degrees the old Ministry and their old System will be revived in England! When will her Enemies be arroused to a Sight of their Situation and true Interests, and be induced to treat that perfidious Nation as she deserves! I have the Honor to be &c

Docno: ADMS-06-13-02-0138

Author: Adams, John
Recipient: Jay, John
Date: 1782-08-10

To John Jay

[salute] Sir

It was with very great pleasure that I recd. this morning your kind favor of the 2d. inst. I am surprized to learn that your and Mrs: Jay's health have been disordered in France where the air is so fine.
That your anxieties have been very great I doubt not—that most of them were such as you ought not to have met with, I can easily conceive. I can sincerely say, that all mine, but my Fever, were such as I ought not to have had. Thank God, they are past, and never shall return, for nothing that can happen shall ever make me so anxious again. I have assumed the felicis animi immota Tranquillitas.1
Nothing would give me more satisfaction than a free conversation between you and me, upon the subjects you mention, and all others, directly or indirectly connected with it, or with any of our affairs, but I don't see a possibility of taking such a journey. The march of this People is so slow, that it will be sometime before the Treaty of Commerce can be finished and after that I have other orders to execute, and must be here in person to attend every step. But besides this,2 I think I ought not go to Paris while there is any messenger there from England, unless, he has full powers to treat with the Ministers of the United States of America. If the three American Ministers should appear at Paris, at the same time with a real or pretended Minister from London, all the world would instantly conclude a Peace certain, and would fill at once another years Loan for the English. In Lord Shelburne's sincerity, I have not the least confidence and I think that3 we ought to take up Fox's idea, and insist upon full powers to treat with us in character, before we have a word more to say upon the subject. They are only amusing us. I would rather invite you to come here. This Country is worth seeing and you would lay me under great obligations by taking your residence, during your stay, in the Hotell des Etats-Unis—many People would be glad to see you.
I should be very glad however to be informed, fm. step to step, how things proceed, which may be done with safety by Expresses to me; or by those from the Court of Versailles to the Duke de la Vauguion, in whom I have great confidence, or it may be done even by Post, under cover to Messrs. Wilhem & Jean Willink, at Amsterdam; or Mr. Dumas, at the Hague; or to Mr. Charles Storer, chez Madame la Veuve Loder at the Hague.
{ 228 }
As you justly observe, further accessions of power to the House of Bourbon may excite jealousies in some Powers of Europe, but who is to blame but themselves? Why are they so short sighted, or so indolent, as to neglect to acknowledge the United States and make Treaties with them! Why do they leave the House of Bourbon to contend so long, and spend so much? Why do they leave America and Holland under so many obligations. France has, and deserves and ought to have a great weight with America and Holland, but other powers might have proportionable weight, if they would have proportional merit.
If the Powers of the Neutral Maritime Confederation, would admit the United States to acceed to that Treaty, and declare America Independent, they would contribute to prevent America at least, fm. being too much under the direction of France. But if any Powers should take the part of England, they will compell America and Holland too, to unite themselves ten times more firmly than ever to the House of Bourbon.
I don't know, however, that America, or Holland are too much under the direction of France, and I don't believe they will be—but they must be dead to every generous feeling as Men, and to every wise view as Statesmen, if they were not much attached to France in the circumstances of the Times.
I have received two letters from you in the Spring—one I answered, but have not the dates at present, the other kindly informed me of the arrival of my Son in America, for which I thank you.4

[salute] With great regard and esteem, I am, dear Sir, Your Most obedt: humle. Servt.

[signed] John Adams5
RC in Charles Storer's hand (NNC: John Jay Papers); endorsed: “Mr adams 10 aug 1782.” LbC (Adams Papers).
1. That is, the undisturbed tranquility of the happy mind.
2. In the Letterbook copy, the remainder of this sentence is underlined.
3. In the Letterbook copy, the remainder of this sentence is underlined.
4. Jay's letters were of 18 March and 15 April (vol. 12:334–335, 410).
5. Signature in JA's hand.

Docno: ADMS-06-13-02-0139

Author: Adams, John
Recipient: Willink, Wilhem & Jan (business)
Recipient: Staphorst, Nicolaas & Jacob van (business)
Recipient: La Lande & Fynje, de (business)
Date: 1782-08-11

To Wilhem & Jan Willink, Nicolaas & Jacob van Staphorst, and De la Lande & Fynje

[salute] Gentn

This Morning I recd your favour of the Eighth but I am not able to inform you, what is the Amount of the Bills drawn upon Mr Lau• { 229 } rens which are not yet arrived. I have never been exactly informed myself. They cannot I think amount to more than <100000><one> two hundred Thousand Guilders. I hope not half that sum, but cannot say positively.
I am obliged to you for the Trouble you have taken to pay f491:12s to Messrs Gerb. Rarekes &c and for Sending me the Lease of the House &c.
I am very glad to find that you have recd So much as 1.484,000 f. on the Loan and congratulate you upon it. When I thought it Safest to be a little under, rather than exceed, I had in my Mind reserving enough to pay the Bills on Mr Laurens and a few unavoidable expences here. But I believe you may write to Congress to draw for Thirteen hundred Thousand Florins, and so afterwards from time to time as Money shall be received by you.
I am obliged to you for your Care in sending on the Dispatches to Congress and desire that you would from time to time inform that Body of every Thing with the Utmost Exactness which relates to the Loan.

[salute] With great Esteem I have the Honour to be

Docno: ADMS-06-13-02-0140

Author: Jenings, Edmund
Author: Laurens, Henry
Recipient: Adams, John
Date: 1782-08-11

From Edmund Jenings

[salute] Sir

I obeyed your Excellencys Commands most Litterally when I wrote to Mr L. to which I have this day receivd the following Answer.1
“When you write next to my good Friend Mr Adams I beg you would assure Him from the moment I receivd Intelligence of that Anonymous Scrip, I treated it with the Utmost Contempt and Abhorrence, I replied to the Gentleman, who transmitted it to me2 in the following words 'I know not what to make of the Anonymous Paper; I will not beleive that either Dr Franklin or Mr Adams would wantonly, or merely thro Envy, do me an Injury.' And Again 'I am as glad that you are convincd of the tratorious design of the Anonymous Letter writer As I am, that I gave no Credit to his wicked Instructions; if once we encourage such people by taking notice of their writings, we put ourselves in the power of the most base assassins, who will first Stab our best Friends and then Us.' Say also to my good Friend 'had He been as explicit with respect to the mission { 230 } while I was with Him, as He is now, my Duty would have obliged me to have Accepted it. I waited upon Him at a great expence—and made a tender of my Services, but He fairly and fully acquitt'd and discharged me; than which no circumstance in my Life, I honestly Confess ever gave me more Satisfaction. I had enterd into an Engagement, and it was my Duty to have persevered to the End, if there had been an opening, but it was a Duty, which I had not courted, and therefore what happened, was by no means a disappointment to myself.'
“Be pleased to add, that I stil hold Him in the same Esteem and Affection, which He will find expressed in my Letter of Octr 17793 altho I have not since upon any occasion, and many I think have offered, this business before us afforded a special one, receivd the Honor of a Single Line from Him. Finally be pleased to assure my good Friend, that no insidious or invidious practices of our Ennemies shall injure Him in my opinion. He Knows me to be a plain and a plain dealing man, very much addicted to believing things, when I Know them to be true, and never losing sight of Audiam 'Altuam partem.'”4
The foregoing is addressed to your Excellency what follows is to me.
“Tis a troublesome tho a cheritable office, my Dear Sir, you have engaged in upon this occasion, but it may be finished by transmitting an exact Copy of the foregoing Lines. The Subject has rather wound me up and made me feel more lively than I really am. I shall sink for it presently, (He seems to have been dangerously ill) for There is another in View, which I must hasten to or I shall lose the opportunity of the present mail. Those pretty Preliminaries, which you have been told are the Rockingham Ideas, which is a mistake they are neither Rockingham nor originally Shelburne—in younder little black Trunk lies an exact Copy, which I treated at the time of receiving them from the projector with becoming Contempt, near four months Ago, in Suffolk Street.5 Assuming on myself the Court of France, I replied to the latter part of this 1st Article, “and who would be fools then?” Speaking as Congress: “Look at the Treaty of Alliance we will not deviate in an Iota from it, shuffling in one point will be a breach of the whole Law. In all treaties I love right Lines, whenever I perceive Zig-zag and Curves I suspect the Track of the Serpent.”
I find Mr Laurens proposes to leave Europe in Septr.
{ 231 }
The person to whom I sent some time Ago the Answer to Galloway is very Idle or very busy—I have written to Him several times to publish it, He proposes to do it with notes of what has since happened.6 I have sent that Lines on the politique Hollandais.
Your Excellency has found, I beleive, that the Information I gave you about Mr Fitzherbert is true. I have reason to think that the Abbé Raynal is not dead.7

[salute] I have the Honour to be with greatest Respect Sir Your Excellency's Most Obedient Humble Servant

[signed] Edm: Jenings
RC (Adams Papers); endorsed: “Mr Jennings Augt 11. 1782.”
1. See JA to Jenings, 20 July, above. On 1 Aug., Jenings wrote to Laurens, quoting JA's 20 July letter then adding the following: “I can only add, that having talked frequently of you, and written about you to me, he has always expressed himself with the utmost respect and cordiality towards you. He now seems much hurt at the insidious arts made use of to injure him in your opinion. I trust that your enemies, and his too, will be deceived in their projects. The interest of our country requires that the honest and candid Americans should be firmly united to check and confound the artifice of the designing.” Neither Jenings' letter of 1 Aug. nor Laurens' reply of 5 Aug. have been found, but Laurens extracted portions of both and included them in his pamphlet, Mr. Laurens's True State of the Case. By Which His Candour to Mr. Edmund Jenings Is Manifested, and the Tricks of Mr. Jenings Are Detected, n.p., 1783, which is reprinted in Laurens, Papers, 16:277–333 (for the letters see p. 284–286). And for Laurens' comments on the exchange, see his letter of 25 Aug. to JA, below.
2. Edward Bridgen. For the whole issue of the anonymous letters, see Monitor to JA, 20 May, note 1, above.
3. Vol. 8:188–191.
4. There are two sides to every question.
5. Jenings' letter of 1 Aug. to Henry Laurens apparently contained the same preliminaries that he included in his letter to JA of [1 Aug.], above. Regarding their source, Laurens presumably refers to his conversations in early April with Lord Shelburne about an Anglo-American peace that led him to visit the Netherlands later in the month to discuss the issue with JA. Laurens indicates in his journal that he took the same position with Shelburne that he had taken earlier with the Marquis of Rockingham and the Duke of Richmond and Lennox. Laurens also refers here to his London residence at “Parry's Hotel, Suffolk Street” (vol. 12:410–413, 418–420; Laurens, Papers, 15:400–401, 494).
6. That is, “Letters from a Distinguished American,” written in reply to Joseph Galloway's Cool Thoughts, the first number of which appeared in Parker's General Advertiser and Morning Intelligencer of 23 August.
7. Jenings probably had seen a newspaper account of Abbé Raynal's death. The Gazette d'Amsterdam reported his death in its issue of 9 Aug. and issued a retraction on 23 August. In fact, Raynal lived until 1796 (Hoefer, Nouv. biog. générale).

Docno: ADMS-06-13-02-0141

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-08-12

To Edmund Jenings

[salute] Sir

Your two Letters containing the Anecdote and the Preliminaries have been recd., and You have seen the use of them.1
I have at length a friendly Letter from Mr. Jay, who tells me some good News, which I must not communicate.2 I have Letters too { 232 } from Petersbourg with other News.3 Upon the whole they are consulting upon Preliminaries at Paris, and concerting Plans elsewhere for a Congress.4 If the King of England and Lord Shelburne knew all I know, they would declare the United States of America free, independent and sovereign, if not from Wisdom, Benevolence or Policy, yet at least from sheer spight and Revenge. There is nothing in my Opinion would mortify their Enemies so much. Yet this Opinion must rest with You and not be quoted. Nothing would disappoint some of their Enemies so much. How would Spain look? How would France look? How would Neutral Nations feel? All Mankind would cry at once, Britain will obtain good Terms of Peace.
There is in the Courier du Bas Rhin of the 10th. and in Luzac's Gazette of the 13th. a Project for the Neutral Powers to help G. B. out of her Lethargy and Anarchy.5 If nobody will hearken to Voice of Benevolence, You and I can't help it. I think it would be very well to speculate in the English Papers upon the same subject. Speculations in the English Papers have the most extensive Influence, because they spread every where. Franklin I verily believe has a Number of Scribblers in his pay in London to trumpet his Fame, and to make more Reputation for him as well as support what he has. It would be well me thinks to have that Money applied to support the Honor, Dignity, Reputation and other Interests of our Country. I say I believe, but this belief is founded upon Evidence a posteriori not a priori.6 I cant account for the Zeal with which his Cause is espoused, and for the Malice with which those whom he dislikes are pursued upon any other Supposition.
I have no Inclination to a Journey to Paris nor Vienna. I don't like the manner in which the Negotiations are carried on by Vergennes and Franklin, but I cant help it.

[salute] Adieu

RC in John Thaxter's hand (Adams Papers); endorsed: “H[is] Eexceellency Mr Adams augst 12 1782.” LbC (Adams Papers).
1. See Jenings' letters of 24 July and [1 Aug.] to JA, both above. JA's reference to his use of them remains obscure unless he is referring to A Memorial to the Sovereigns of Europe, [ca. 5–8] July, above, which had begun appearing in Dutch newspapers, including the Gazette de Leyde of 11 August.
2. Jay to JA, 2 Aug., above.
3. Probably Francis Dana to JA, [1 July] and 22 July, both above.
4. In the Letterbook copy, the following two sentences are underlined.
5. This is JA's A Memorial to the Sovereigns of Europe, [ca. 5–8] July, above.
6. That is, arguing from effect to cause, rather than from cause to effect.

Docno: ADMS-06-13-02-0142

Author: Adams, John
Recipient: Jones, John Paul
Date: 1782-08-12

To John Paul Jones

[salute] Dear sir

I had Yesterday the Pleasure of receiving your Favour of the 10th of December last,1 and am much obliged to you for your Care of the Articles which Mr Moylan, at my desire Sent to my Family.
The Command of the America could not have been more judiciously bestowed, and it is with Impatience that I wish her at Sea, where She will do honour to her Name.2 Nothing gives me So much Surprize, or so much regret, as the Innattention of our Country men to their Navy. It is to Us, a Bulwark as essential, as it is to great Britain. It is less costly than Armies, and more easily removed from one End of the United States to the other. Our Minister of Finance used to be a great Advocate, for this Kind of Defence. I hope he has not altered his sentiments concerning it.
Every Day Shews that the Batavians have not wholly lost their ancient Character. They were always timid and Slow in adopting their political Systems but always firm and able in Support of them and always brave and active in War. They have hitherto been restrained by their Chiefs, but if the War continues, they will Shew that they are possessed of the Spirit of Liberty and that they have lost none of their great Qualities.
Rodneys Victory has intoxicated Britain again, to Such a degree that I think there will be no Peace for sometime, indeed if I could See a Prospect of having half a Dozen Line of Battle Ships under the American Flag, commanded by Commodore Jones, engaged with an equal British force, I apprehend the Event would be so glorious for the United States and lay so sure a Foundation for their Prosperity, that it would be a rich Compensation for a Continuance of the War.
However it does not depend upon Us to finish it. There is but one Way and that is burgoinizing Carleton in New York.

[salute] I should be happy to hear from you and remain Sir your most obedient & humble sert

1. Vol. 12:124–125.
2. Congress voted Jones the command of the 74-gun ship of the line America on 26 June 1781; by the summer of 1782 it was finally nearing completion after nearly six years of work. Unfortunately for Jones, however, in Sept. 1782, before the ship was ever launched, Congress decided to present the ship to the Chevalier de La Luzerne as a gift to make up for the accidental loss of the French ship Magnifique in Boston harbor (JCC, 20:698; 23:543; Samuel Eliot Morison, John Paul Jones: A Sailor's Biography, Boston, 1959, p. 318–330).

Docno: ADMS-06-13-02-0143

Author: Adams, John
Recipient: Mazzei, Philip
Date: 1782-08-12

To Philip Mazzei

[salute] Sir

Your favours of 28 of June and 30 July, I have recd. I have not transmitted to Congress, the first, because I would not give an allarm unnecessarily. The Intelligence contained in it is wholly groundless, according to the best Information I can obtain and the best Judgment I can form. I am well assured that neither of the Imperial Courts have ever made any declaration, or expressed any Opinion or Inclination against the Independence of America. On the contrary I am in Possession of authentic Documents, which express clearly, in my apprehension other Sentiments.
There may be a War in Europe, but this would accellerate rather than retard a General Acknowledgment of American Independence. England it is certain cannot carry on the present War and at the Same time, engage in another, more extensive on the Continent. With the Stocks at 56, and a War against four nations it is impossible she should pay subsidies to foreign nations. If any Nation declares against Holland, the House of Bourbon and America, Some other Nation will declare for them, so that our Cause will rather be Strengthened, and We shall certainly be renderd dearer to our allies.
Holland instead of loosing its Existence or its name, will if the War continues assume all its old Character and Glory.
What if a War Should happen between Russia and the Port?1 What can England do? What if a Quarrell should arise between the Emperor and Prussia? What would England get by that? What if Russia and Denmark Should declare in favour of England, which is however altogether improbable. I Say this would be an advantage to America, for We should make more profit of their Trade than they could do Us harm.

[salute] I have &c

LbC (Adams Papers); notation: “Aux Soins de Monsieur de Billerey Chargé des Affairs du Roi a Florence.”
1. That is, the “Sublime Porte,” or Ottoman Empire.

Docno: ADMS-06-13-02-0144

Author: Adams, John
Date: 1782-08-12

Memorandum Concerning an Invitation from the Neutral Maritime Confederacy to the United States of America

The Project in Some of the foreign Gazettes,1 of an Invitation from the neutral maritime Confederacy, to the United States of America, to acceed to the Principles of their Treaty, is founded in evident Justice, Humanity and Utility.
The Case of America is a new one. It has no Example in History, and therefore no Reasonings can be drawn from Example to decide it. All the World agrees that the United States is respectable and powerfull Enough, for an independent State. It is capable of Governing itself. It is able to defend itself. It has all the Attributes necessary to good Government. It has Wisdom, Virtue Benevolence and Power. It has Magistrates capable of their offices. It has Ministers, Generals, Ambassadors and Warriours equal to other Nations. It has a Sufficient Territory—Sufficient Numbers of People, and these rich and industrious enough. It has Conveniences natural and artificial for Commerce, Fisheries and naval Power.
It is Seated alone, by itself, at a vast Distance from all the Nations of Europe—seperated by immense Seas. No Nation in Europe can possibly govern it.
It is capable, under its own Government, of benefiting every Country and Nation of Europe.
The Continent of America is capable of Feeding cloathing and Subsisting, if the forests were cleared up an hundred Million of People, without diminishing one Inhabitant of Europe. Is the Multiplication of Men upon the Earth an Evil? Suppose it were in the Power of Europe to prevent the Growth of People in America. Would it be Wisdom or Virtue to do it? Would it not on the Contrary be Folly and Wickedness? is not the Thought Shocking?
Are the northern Powers or any of them, or any Individuals in any of them, jealous that the Southern Powers,2 by their Connections with America will become too powerful? Why then do not they form the Same Connections, and derive the Same Advantages? Why do they Suffer those to have all the Merit of assisting and even countinancing America? Why do they suffer American Gratitude to be
{ 236 }
1. JA's A Memorial to the Sovereigns of Europe, [ca. 5–8 July], above, which was published in the Courier du Bas Rhin, the Gazette de Leyde, and the Gazette de la Haye. This unfinished essay is a companion piece to that memorial and the reference to “foreign Gazettes” here makes it likely that JA intended it to be published in London, probably through the agency of Edmund Jenings. There is no indication in the Adams Papers as to why JA left the piece unfinished.
2. That is, France and Spain.

Docno: ADMS-06-13-02-0145

Author: Bracht, Herman van
Recipient: Adams, John
Date: 1782-08-12

From Herman van Bracht

[salute] Sir

I have now the honour to hand you the Second volum of the translated constitutions of America, Inscribed to Your Excell: by the publisher Mr. F: wanner. According to your desire, every expression is avoided that could tend to give offense to any person in times to critical as these. A due tribute of applause, however, has been given, tho the persons who So well deserved it in the true Interests of both republics has been touched upon, where fore I hope the dedication will obtain your approbation.1
Permit me to ad the assurance of Mr wanners unlimited esteem the offer of a continuance of my humble Services here an to ashure you that I most respectfully am Sir Your most Obedt. Servant
[signed] Herman van Bracht
1. This is the second volume of Van Bracht's Verzameling van de Constitutien ... van Amerika (2 vols., Dordrecht, 1781–1782), which Fredrik Wanner, the printer, dedicated to JA. For the dedication, see the Descriptive List of Illustrations, Dedication of Verzameling van de Constitutien to John Adams, 1782 237No. 6, above. The first volume was dedicated to Engelbert François van Berckel. Two sets of the work are in JA's library at MB (Catalogue of JA's Library).

Docno: ADMS-06-13-02-0146

Author: Adams, John
Recipient: Jay, John
Date: 1782-08-13

To John Jay

[salute] Dear Sir

The public Papers announce Fitzherbert's Comission to be, to treat “With the four Powers at War with Great-Britain” But whether they mean Hyder Aly, or the Marattas,1 is uncertain.
I have obtained Intelligence of a Paper addressed lately from the Court of St. James's to the Courts of Vienna and Petersbourg, as well as that of Paris, in which are the following words, vizt.
Sa Majesté Britannique dit, “Qu'Elle ne préjuge, ni ne veut préjuger aucune question quelconque, et qu'Elle ne prétend exclure personne de la Négociation qu'on a en vue, qui pourroit s'y croire intéressé, soit qu'il soit question des Etats-Généraux, soit qu'on y veuille faire entrer les Colonies Américaines”2—You perhaps may have seen the whole. If you have, I beg a Copy.
{ 237 } { 238 }
For my own part, I am not the Minister of any “fourth State”3 at war with Great-Britain, nor of any “American Colonies.”4 And therefore I should think it out of Character for us to have any thing to say to Fitzherbert, or in the Congress at Vienna, untill more decently and consistently called to it. It is my duty to be explicit with you, and to tell you sincerely my sentiments. I think we ought not to treat at all, untill we see a Minister authorised to treat with “The United States of America” or with their Ministers. Our Country will feel the miserable consequence of a different conduct. If we are betrayed into Negociations, in or out of a Congress, before this Point is settled, if Gold and Diamonds, and every insidious Intrigue and wicked Falshood, can induce any Body to embarrass us, and betray us into Truces and bad Conditions, we may depend upon having them played off against us. We are and can be no Match for them at this Game. We shall have nothing to negociate with but Integrity, Perspicuity and Firmness.
There is but one way to Negotiate with Englishmen. That is clearly and decidedly. Their Fears only govern them. If we entertain an Idea of their Generosity, or Benevolence towards us, we are undone. They hate us, universally from the Throne to the Footstool, and would annihilate us, if in their Power, before they would treat with us in any way. We must let them Know, that we are not to be moved from our Purpose; or all is undone. The Pride and Vanity of that Nation is a Disease; it is a Delirium. It has been flattered and enflamed so long by themselves, and by others, that it perverts every Thing. The moment you depart one Iota from your Character, and the distinct Line of Sovereignty, they interpret it to spring from fear or Love of them, and to a Desire to go back.
Fox saw we were aware of this, and calculated his system accordingly. We must finally come to that Idea; and so must Great-Britain. The latter will soon come to it, if we don't flinch. If we discover the least weakness or Wavering, the Blood and Treasures of our Countrymen will suffer for it in a great Degree.
Firmness, Firmness and Patience for a few Months, will carry us triumphantly to that Point, where it is the Interest of our Allies, of Neutral Nations, nay even of our Enemies, that we should arrive: I mean a Sovereignty, universally acknowledged by all the World. Whereas the least Oscillation will in my opinion leave us to dispute with the world, and with one another, these fifty Years.

[salute] With great Respect and Regard I have the Honour to be,5 Sir your most obedient and most humble Servant

[signed] J. Adams
{ 239 }
RC in Charles Storer's hand (Windsor Castle, Royal Archives: Autographs from Correspondence of Chief Justice Jay, 1776–1794); endorsed: “13 augt Recd 18 augt. 1782.”
1. The Marattas or Mahrattas were a people of central India who were also at war with the British (vol. 11:149).
2. An indication that JA had received Francis Dana's letter of 22 July, above, in which Dana had included the passage. For the translation, see that letter, note 9.
3. On 13 Aug. the Gazette d'Amsterdam reported Fitzherbert's arrival at Paris to renew the peace proposals first put forth by Thomas Grenville and stated that he was empowered to treat with “les quatre Puissances Ennemies de L'Angleterre.”
4. Since his arrival in Europe in Dec. 1779, JA had made clear his view that it was inappropriate to refer to the American colonies as one of the parties at war with Great Britain, but see in particular a memorandum of his 7 July 1781 conversation with Joseph Mathias Gérard de Rayneval and his letter of 19 July 1781 to the Comte de Vergennes (vol. 11:405–406, 425–430).
5. Remainder of closing and signature in JA's hand.

Docno: ADMS-06-13-02-0147

Author: Staphorst, Nicolaas & Jacob van (business)
Recipient: Adams, John
Date: 1782-08-13

From Nicolaas & Jacob van Staphorst

[salute] Sir

Inclosed we have the honour of sending to your Excellency an Account, which your Bookseller has given us Some days ago, please to tell us if we are to pay the Same.1
We also take the liberty of troubling your Excellency with a more interesting matter, the Rafaction on the Tobaccos, having observed with much pleasure, that your Excellency hinted this point in the Conferences about the Treaty, Since we are fully convinced, that it's absolutely necessary to bring it upon a better and reasonable footing.2
We have the honour to inform your Excellency, that already Some months ago, jointly with Messrs. Crommelin, Mess. De Neufville &ca. we've presented a Petition to our Magistrates for that purpose. But as Some Tobacconists were consulted upon the matter, who being well satisfied with the present Customs opposed against any alterations, this has occasioned; that hitherto no Resolution has been taken.
But being informed now, that the States General will answer your Excellency, that this point being only relatif to the Domestick Institutions of the Different Towns, your Excellency may be pleased to converse about it with the Magistrates; we therefore beg the favour of your Excelly. to apply yourself particularly for that purpose, either to the Pensionary or the Deputates of this Town, who may be now present at the Hague, desiring them to represent to their Principals your Complaints about it, in order they may look out for a proper expedient to give Such Instructions to their officers as may answer { 240 } to the purpose and the general benefit of the Trade, and that they will converse about it with the merchants who are already concerned in the matter; by which joint endeavours we are in hopes of bringing it to a happy Conclusion.

[salute] With the utmost Respect we have the honour to be Sir! Your Excellency's most obedt. & humble Servants.

[signed] Nichs. & Jacob van Staphorst Co.
1. Not found, but see JA's reply of 28 Aug., below.
2. For JA's attempt to deal with the issue of refraction in Art. 30 of his draft treaty of amity and commerce and the result, see The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., Nos. II, III, and VIII, below. JA was responding to complaints by merchants that officials at the weigh house arbitrarily reduced the tare or net weight of an imported commodity. For an explanation of the practice and reasons why it should be prohibited, see Francis Dana's letter of 22 Oct. 1781 (vol. 12:35–38).

Docno: ADMS-06-13-02-0148

Author: Adams, John
Recipient: Bracht, Herman van
Date: 1782-08-15

To Herman van Bracht

[salute] Sir

I yesterday recd. the polite Letter You did me the honor to write me on the 12th. of this Month, together with a very acceptable Present from Mr. Wanner of the second Volume of the Translations of the American Constitutions into the Dutch Language.
The Dedication does me great honor in many Respects, but in none more than in placing me in Company with those illustrious Assertors of the Rights of Mankind, the Van Berckels, Van der Capellens and Gyselaers.

[salute] Let me beg the favor of You to present my best thanks to Mr Wanner, and to accept the same yourself, from, Sir, your most obedient and most humble Servant.

LbC in John Thaxter's hand (Adams Papers).

Docno: ADMS-06-13-02-0149

Author: Adams, John
Recipient: Laurens, Henry
Date: 1782-08-15

To Henry Laurens

[salute] Dear Sir

By a certain anonimous Letter you have had a Specimen of the infernal Arts which have been and are practised, to create Misunderstandings among American Ministers. There has been an uninterupted succession of them ever since I have been in Europe. Whether they are to be attributed to Inventions of Our Ennemies or to Still baser Intrigues of pretended Friends, or to impudent { 241 } Schemes of interested Candidates and Competitors for the little favours which American Ministers have Sometimes to bestow, or to all of these to gether I know not. The latter Supposition is most probable.1 Enough of this however.
It Seems that your Friend Oswald2 is Still at Paris and Fitzherbert has taken the Place of Grenville. He is Said to be authorised to treat with the four Powers at War with G. B.3 Pray what is your Opinion of this? Ought We to accept of Such Powers? Can We, consistently, treat with any Man who has not full Powers to treat with the Ministers of “the United States of America.”?4 I have one Thing to propose to you, Sir, in Confidence. It is, if you approve it, to endeavour to get Mr Jennings appointed Secretary to the Commission for Peace. I wish Congress would appoint him.5
I can give you no News from hence, except that I have been happy enough to obtain a little Money for Congress So that <by Christmas> they may draw immediately as soon as they Send their Ratification of my Contract, for about Thirteen or Fourteen hundred Thousand Guilders. This, you may mention to Congress, or to any body else in America if you write. They Money is in hand of Messrs Willinks &c but cannot be drawn out, but by Congress, after the Receipt of the Ratification.
The Treaty of Commerce, will probably pass the States of Holland this day.

[salute] With invariable Esteem and Respect, I have the Honour to be, dear sir, your most obedient and most humble sert

LbC (Adams Papers); notation: “chez Madame Babut et Labouctiere a Nantes.”
1. For the anonymous letters, see that of 20 May, that JA received from Monitor and note 1, above; also, compare JA's suspicions as to the source of the letters expressed here with those in his letter of 7 June to Edmund Jenings, above.
2. Henry Laurens and Richard Oswald were longtime business associates, and Oswald had been of assistance during Laurens' captivity in the Tower of London (Laurens, Papers, 15:478–480).
3. See this report in the Gazette d'Amsterdam of 13 August.
4. See Laurens' reply of 25 Aug., below.
5. That is, JA wanted Jenings appointed rather than Benjamin Franklin's grandson, William Temple Franklin, the person who ultimately served in that capacity.

Docno: ADMS-06-13-02-0150

Author: Adams, John
Recipient: Jay, John
Date: 1782-08-17

To John Jay

[salute] Sir

The States General have chosen Mr Brantzen Minister to negotiate for Peace. Yesterday he did me the honour to dine with me. He is represented to me to be a good Man and well fixed in the true { 242 } System. I have very authentic Information that his Instructions will be such as France and America as well as his own Country ought to wish them.1
I have Letters from Boston 17 June2—grand Rejoicings on the Birth of the Daughin, every where. The States giving Strong Instructions to their Delegates in Congress, to consent to no Peace Short of Independence, and without Concert with France. The offers by Carlton are highly resented, taken much worse from the present Ministry than they would have been from the former. The Instructions from the States to Congress are to resent as an Insult every offer, which implys a deviation from their Treaties, or the Smallest Violation of their Faith.
I am promised tomorrow a Copy of Mr Fitzherberts Commission. I wish to know whether You or the Dr have had any Conferences with him, and what passed; we are told of a Mr Vaughan3 and Mr oswald at Paris. Have they any Powers and What?
This will be delivered you by Mr Barclay the Consul, a worthy Man whom I beg Leave to Introduce to you.

[salute] With great Regard I have the Honour to be, Sir, your most obedient servant

[signed] J. Adams
N. B. Mr Brantzen told me, he should go home to Guilder land for 8 days then return here for 8 or 10 days more: so that it will be three Weeks perhaps before he Setts out, on his Journey to Paris.
RC (NNC: John Jay Papers); endorsed: “Mr Adams 17 Augt. 1782.”
1. For the instructions given to Gerard Brantsen, burgomaster of Arnhem, as well as Alleyne Fitzherbert's commission mentioned in the second paragraph below, see JA's letter of 18 Aug. to Robert R. Livingston, below.
2. JA indicates that he received more than one letter of 17 June, but the only letter that can be positively identified is AA's of 17 June, to which JA replied with a first and second lettertwo letterson 17 Aug. (AFC, 4:326–329, 364–366). But AA's letter is apparently not the one to which JA refers in this paragraph, because AA mentions only the issue raised in the final sentence.
3. Benjamin Vaughan, who served as Shelburne's confidential observer at the peace negotiations (JA, D&A, 3:54).

Docno: ADMS-06-13-02-0151

Author: Adams, John
Recipient: Laurens, Henry
Date: 1782-08-18

To Henry Laurens

[salute] Dear sir

I have just received the inclosed Letter open for me to read. It appears to be from one, who had a remarkable kind of Benevolence towards the U. S. Such as has memorably appeared through the whole War, in almost all Countries, I mean the benign Inclination to be American Agents Jobbers, Officers, Ambassadors, Generals { 243 } and Kings.1 Inclosed is a Copy of Fitzherberts Commission. Pray inclose it to Congress that it may go as many Ways as possible. What think you of the Words “Quorum cunque Statuum quorum interesse poterit?”2 If We should presume to think ourselves included in these Words, will Ld shelburne be of the same Mind?
The States General have appointed Mr Brantzen, their Minister who did me the favour to dine with me 3 days ago and then told me he should set off, for Paris in 3 Weeks. Blessed are the Peace makers. Dont you wish yourself one?
LbC (Adams Papers); addressed: “His Exy. Pres. Laurens chez Madame Babut et Labouctiere a Nantes.”
1. This is Rodolph Valltravers' letter of 11 April written from Munich (Adams Papers). There Valltravers, a Swiss who declared his veneration for JA and support for the American cause, sought an appointment from JA to serve the interests of the United States in Europe. He enclosed a duplicate of his letter of 24 March to Henry Laurens (ScL [ScU]) in the Tower of London, which might not have been received, but see Laurens' reply of 27 Aug., below. Valltravers wrote to Henry Laurens on 25 Sept. (ScL [ScU]) that JA had replied to his letter with one of 18 Aug. (not found). There JA had promised to forward the enclosed letter to Laurens and indicated that Laurens was not on parole and thus, in Valltravers' mind, free to act on the proposal contained in his letter.
2. With those of all states whom it may concern. For a discussion of the significance of this phrase from Fitzherbert's comission, see JA's 18 Aug. letter to Robert R. Livingston, and notes 2 and 3, below. The final quotation marks are supplied.

Docno: ADMS-06-13-02-0152

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-08-18

To Robert R. Livingston

[salute] Sir

I have the honor to inclose, for the information of Congress a Copy of Mr: Fitzherbert's Commission.1
Georgius Rex
Georgious tertius, Dei gratiâ, magnae Britanniae, Franciae, et Hiberniae Rex, Fidei defensor, Dux Brunsvicensis et Luneburgensis, Sacri Romani Imperii Archi Thesaurarius et Princeps Elector &ca Omnibus et Singulis, ad quos praesentes hae literae, pervenerint, salutem.
Cum belli incendio, jam nimis diu diversis orbis Terrarum partibus flagrante, in id quam maxime, incumbamus, ut Tranquillitas publica, tot litibus, Controveriisque vitecompositis; reduci et stabiliri possit, cumque eâ de causa, virum quendam tanto negotioparem, ad bonum fratrem nostrum, Regem Christianissimum, mittere decrevimus.
Sciatis igitur, quod no, Fide, Industriâ, Ingenia perspicaciâ et rerum usu, fidelis et delecti nobis Alleini Fitzherbert, Armigeri pluri• { 244 } mum confisi, eundem nominavimus, fecimus et constituimus, Sicut per praerentes, nominamus, facimus, et constituimus, nostrum verum, certum et indubitatum Commissarium, Procuratorem et Plenipotentiarium, dantes et concedentes eidem, omnem et omnimodum Potestatem, Facultatem, Authoritatenque, nec non Mandatum generale pariter ac speciale (ita tamen ut generale, speciali non deroget nec e contra) in aulâ pradicti bonis fratris nostri, Regis Christianissimi, pro nobis et nostro nomine, una cum Legatis, Commissariis, Deputatis et Plenipotentiarius, tam celsorum et Praepotentium Dominorum, ordinum Generalium Faederati Belgii, quam, quorum cunque Principum et Statuum quorum interesse poterit, Sufficiente authoritate instructis, tam Singulatim ac division, quam aggregatim ac conjunction, congrediendi, et colloquendi atque cum ipsis de Pace firma et stabili, sinceraque Amicitia, et Corcordiâ, quantotius restituendis, conveniendi, tractandi, consulendi et concludendi; eaque omnia, quae ita conventa et conclusa fuerint, pro nobis et nostro nomine subsignandi, superque conclusis, Traetatum Tractatusue, vel alia instrumenta, quot quot, et qualia necessaria fuerint, conficiendi, mutuoque tradendi, recipiendique omnia alia, quae ad opus supra dictum feliciter exequendum pertinent, transigendi, tam amplis modo et formâ, ac vi, effectuque, pari, ac nos, Si interessemus, facere et praestare possemus, Spondentes, et in verbo regio promittentes, nos omnia et singula, quaecunque, a dicto nostro Plenipotentiario transigi et concludi contigerint, grata, rata et accepta, omni meliori modo habituros, neque passuros unquam, ut in toto vel in parte, a quoniam violenter, aut ut iis, in contrarium eatur.
In quorum majorem Fidem, et Robur, Praesentibus, manu nostrâ regia signatis, magnum nostrum, magnae Britaniae Sigillum appendi fecimus; Quae dabentur in Palatio nostro Dioi Jacobi, vicessimo quarto die mensis Julii, Anno Domini, millessimo, Septingintessimo, Octogessimo Secundo, Regnique nostri, vicessimo secundo.2
The words Quorum cunque Statuum quorum interesse poterit, include the United States accordg. to them, but not accordg. to the King who uses them: So that there is still room to evade.3 How much nobler and more politic was Mr: Fox's idea to insert the “Ministers of the United States of America,” expressly?
The States-General have appointed Mr: Brantzen their Minister Plenipoy: to treat concerng Peace, and he will set off for Paris in abt: three Weeks. His Instructions are such as we should wish.4
{ 245 } { 246 }
The States of Holland and West-friesland have determined the last week upon our project of a treaty of Commerce, and I expect to enter into a conference with the States General this week, in order to bring it to a conclusion. I hope for the Ratification of the Contract for a loan, wh. has been sent five different ways. Upon rect. of this ratification, there will be thirteen or fourteen hundred thousand Guildres ready to be paid to the orders of Congress by Messrs: Wilhem & Jen Willink, Nicholas & Jacob Van Staphorst, and de la Lande & Fynjë.
The States and the Regencies, are taking such measures with the Stadtholder, by demanding his orders and Correspondences abt: Naval Affairs, and by reassuming their own Constitutional Rights, in the appointment of Officers &c. as will bring all things to rights in this Republic, which we shall find an affectionate and an usefull friend.5
The Communication of the following Instructions to me is such a piece of friendship, and such a mark of Confidence, as makes it my duty to request of Congress that it may be kept secrett.
Instructions projected and passed for Mr: the Ambassador Lesteven de Berkenrode and Mr: de Brantzen.
1st. His most Christian Majesty, having manifested, in the most obliging, manner, by his Ambassador Extraory:, Mr: le duc de la Vauguion, who resides here, his favorable intention, to have an eye to the Interests of the Republic, in the negotiations for a general peace; the aforesd. Ministers, will neglect nothing, but on the contrary will employ all their diligence and all their Zeal to preserve and fortify, more and more, this favorable disposition of his Majesty, towards this State.
2dly. To this end, these Gentlemen, in all wh. concerns the objects of their Commission, or wh. may have any relation to them, will act in a communicative manner, and in concert with the ministry of his sd. majesty, and will make confidential Communications of all things with them.
3dly. They will not enter into any negotiation of Peace, between the British Court and the Republic, nor have any Conferences thereupon, with the ministers of sd. Court, before they are assured, beforehand, in the clearest manner and without any equivocation, that his British Majesty, has in fact and continues to have, a real intention to acquiesce without reserve, that the Republic be in full possession and indisputable enjoyment, of the Rights of the Neutral Flagg, and of a free Navigation, in conformity and accordg. to the { 247 } tenor of the points enumerated in the declaration of Her Imperial Majesty of Russia, dated the 28th of February, 1780.6
4thly. When these Gentlemen shall be certain of this, and shall have recd. the requisite assurances of it, they shall conduct in such a manner in the Conferences wh. shall be then held thereupon with the Ministers of his British Majesty, as to direct things to such an end that in projecting the Treaty of Peace and Friendship between his sd. Majesty and the Republic, all the points concerng. the free navigation be adopted word for word, and literally, from the sd: declaration of her Imperial Majesty and inserted in the sd. Treaty; And moreover in regard to Contraband, (upon the subject of which the sd. declaration refers to the Treaties of Commerce, then subsisting between the respective Powers.) that they establish henceforward a limitation so precise and so distinct, that it may appear, most clearly in future, that all naval stores (les munitions ou mattiers navales) be held free merchandizes, and may not, by any means, be comprehended under the denomination of Contraband. As also, that with regard to the visitation of Merchant Vessells, they establish the two followg. rules as perpetual and immutable—Viz, 1st. That the Masters (Patrons) of Merchant Ships shall be discharged upon exhibiting their Documents, from whence their Cargoes may be known, and to wh. faith ought to be given, without pretending to molest them by any visitation. 2dly. That when merchant Ships shall be convoyed by vessells of War, all faith shall be yielded to the Commanding Officers, who shall escort the Convoy, when they shall declare and affirm upon their word of honor, the nature of their Cargoes; without being able to require of vessells convoyed, any exhibition of Papers, and still less to visit them.
5thly. These Gentlemen shall insist also, in the strongest manner, and, as upon a condition, sine qua non, upon this, that all the possessions conquered fm. the Republic, by the Ships of War or Privateers of his British Majesty, or by the arms of the English East-India Company, during the Course of this war; or which may be further conquered fm. it, before the conclusion of the Peace, be restored to it, under the eventual obligation of Reciprocity; and this, as far as possible, in the same state in wh: they were at the time of the Invasion. And, whereas the greatest part of these possessions have been retaken fm. the common enemy, by the arms of his Most Christian Majesty, these Gentlemen will insist, in the strongest manner with his Majesty and his Ministry, that, by the promise of the restitution of these possessions to the state, immediately after the conclusion { 248 } of the Peace, the Republic may receive real proofs of the benevolence and of the affection, wh. his Majesty has so often testified for it.
6thly. These Gentlemen will insist also, in the strongest manner, upon the just indemmnification for all the Losses, unjustly caused, by G. Britain, to the State and to its Inhabitants, both in Europe and elsewhere.
7thly. In the affairs concerng. the interests of the Company of the East Indies of this Country, these Gentlemen ought to demand and receive the Considerations of the Commissaries, who are now at Paris, on the part of the Company, and act in Concert with them, in relation to these affairs.
8thly. In all respects, these Gentlemen will hold a good Correspondence with the Ministers of the other belligerent Powers; and it is very specially enjoyned upon them, and recommended, to direct things to this, that in the sd. Negotiations, there be given no room to be able to conclude or resolve either Treaty or cessation of Hostilities, if it be not with the common and simultaneous Concurrence of all Belligerent Powers.
9thly. Finally, and in general, these Gentlemen during the course of all this Negotiation, will have always before their eyes that the Conferences, at Paris, at least for the present, ought not to be looked upon, but as preparatory and preliminary; and that the decision of points wh. may remain in litigation, ought to be reserved to a general Congress, together with the adjustment final, of the definitive Treaty of Peace: The whole, at least, untill their High Mightinesses further informed of the success of these Negotiations, and [of] the inclination of the belligerent Powers, shall find good to qualify these Gentlemen for the final and peremptory conclusion of a Treaty.
These Instructions will shew Congress in a clear light, the disposition of this Republic, to be as favorable for Us and our Allies, as [we] could wish it.

[salute] I have the honor to be, Sir, Yr: huml: servt.

[signed] J. Adams
RC in Charles Storer's hand (PCC, No. 84, IV, f. 125–132). LbC (Adams Papers). Text lost at a worn fold supplied from the Letterbook copy.
1. In the Letterbook, the paragraph continued with the following canceled passage: “It has been Sent to the States General by, Mr De Berkenrode, the Dutch Ambassader at Paris, and has been communicated to me by a Friend. It is in these Words.” In the letter as printed in the Boston Patriot of 8 May 1811, JA restored the canceled passage and then wrote “[N.B. in 1810.—This essential document was not communicated to me { 249 } by the Comte De Vergennes, nor by the Duke De La Vauguion, nor by Dr. Franklin, nor Mr. Jay—but by a member of the states general, in confidence. This occasioned me no small embarrassment. What could I write about it to my colleagues, who wrote nothing of it to me?]” The text of the commission to Alleyne Fitzherbert provided by JA, and translated in note 2, is that authorizing him to conclude a treaty with the Netherlands, but see note 3.
2. Translation done by Congress from a copy of the commission in C. W. F. Dumas' hand (PCC, No. 93, II, f. 186–188):
“George R,
“George the Third, by the grace of God, of Great Britain, France and Ireland, King, Defender of the faith, Duke of Brunswick and Lunenburg, Arch Treasurer and Elector of the holy Roman Empire—To all and every one who shall see these Presents Greeting.
“Whereas the ravages of War having already spread over too many parts of the world, we are greatly desirous to see public tranquillity restored, and so many quarrels amicably settled, and whereas we have resolved to send for this purpose a man equal to this arduous business to our good Brother the most Christian King—
“Know then, that we, greatly confiding in the fidelity, industry, knowledge understanding and abilities of our faithful and well beloved Allen Fitz Herbert, Esquire, We have nominated, appointed and constituted him, and we do by these presents nominate appoint and constitute him our true, certain and undoubted Commissary, Attorney and Plenipotentiary, giving and granting to him all and every sort of power, faculty and authority, as well as our general and special Mandate (in such a manner however, that the one may not derogate to the other) to repair to the Court of our aforesaid good brother the most Christian King, and there for us and in our name, with the Delegates, Commissaries, Deputies and Plenipotentiaries of the High and mighty Lords the states general of the United Netherlands, and with those of all Princes and states whom it may concern, having sufficient authority to meet and confer, as well jointly as separately and with them to agree, treat, consult and conclude, of the most speedy restoration of a firm and sincere peace, friendship and amity, to sign in our name all that he shall thus agree to and conclude, and to digest what he shall have concluded into a Treaty or Treaties, or any other Instruments, and as many such as shall be necessary, to receive and deliver the same, and to transact every other necessary matter to bring his business to a happy conclusion in the same form to be of the same validity as if it was transacted by ourselves in person, promising freely and on the word of a King to agree to, ratify and accept whatever shall be transacted and concluded by our said Plenipotentiary, and not to suffer at any time that it be violated entirely or in part, or that any thing may be done to the contrary.
“In faith whereof we have signed these presents with our Royal hand, and affixed thereto our seal of Great Britain. Given at our Palace at St. James the 24th day of July Anno Domini 1782 and in the 22d Year of our Reign.”
3. The Latin phrase reads, with those of all states whom it may concern. JA was troubled because Fitzherbert lacked a commission to negotiate specifically a peace treaty with the United States. Instead he held commissions to negotiate with France, Spain, and the Netherlands, with the United States being included only under the terms of the passage cited by JA. This was unacceptable because neither the British nation nor George III recognized the United States as independent and sovereign. Therefore, it was unwise to accept a mere verbal assurance that a commission that did not name the United States specifically as a party to the negotiations nevertheless included the United States among those states concerned in the negotiations and with whom Fitzherbert was empowered to negotiate. A treaty could be negotiated only between sovereign states, and in the absence of recognition, Britain was free to disavow any agreement that Fitzherbert might make with its colonies. This issue was not resolved until Richard Oswald received his commission of 21 Sept., below, authorizing him to negotiate with the United States.
4. In the Letterbook, the two paragraphs that followed were canceled. They read,
“For my own Part I will be very explicit with Congress. If I were now the Sole Minister for treating of Peace, I should decidedly refuse to enter into any Conferences with any one whatever, without full and express Powers to treat with the United States of America. If I had been alone when the first Messengers were sent over, I mean when Mr Diggs, and Mr oswald came over, my Answer would have { 250 } been clear, that I never would treat but with such a Plenipotentiary. If my Opinion had been asked by Dr Franklin I should have given him the same. If this only wise and manly Part had been taken We should have had Such a Minister, long eer now to have treated with and Mr Fox's System would have prevailed. But instead of this Dr Franklin Sends over to England Mr Alexander and he tells them that no such Acknowledgement of our Independence would be insisted on. Thus it is that all American affairs are conducted by Dr Franklin. I have not refused to act in the Commission with him because I thought it possible that I might perhaps do some little good in it, or prevent some Evil. But I despair, of doing much, to such a Degree, that I beg Congress would release me from this Tye and appoint another Minister of that Commission in my Room.
“At least this is my humble opinion. If We ever gain any Advantage from modern Britons, by relaxing in one Iota from our Principles and just Pretentions, I am wholly mistaken in their Character.”
When JA published this letter in the Boston Patriot of 8 May 1811, he included the canceled material and at the end of the letter wrote, “the paragraphs in the foregoing letter included within crochetts, thus, [from the words—for my own part, to the words wholly mistaken in their character] I omitted in my letter to Mr. Livingston, upon more mature reflection.”
5. At his point in the Letterbook, JA wrote and then canceled a closing to the letter, deciding to include the instructions to the Dutch negotiators.
6. This is Catharine II's 10 March 1780, N. S., declaration of the principles of the armed neutrality. For the text of the declaration and a discussion of its significance, particularly from the American point of view, see vol. 9:121–126.

Docno: ADMS-06-13-02-0153

Author: Adams, John
Recipient: Netherlands, States General of
Date: 1782-08-18

Memorial to the States General

The Hague, ca. 18 August 1782. LbC (Adams Papers). printed: Boston Patriot, 8 May 1811. The memorial's date is derived from its position in the Letterbook preceding the 18 Aug. letter to Robert R. Livingston, above, and also from the presence of two French translations of the memorial in the Koninklijk Huisarchief at The Hague. Both are headed by the notation “Ajouté á la Depéche de Vn du 20. Août 1782” (Attached to Vauguyon's Dispatch of 20 August 1782), an indication that the Dutch were intercepting the French ambassador's correspondence with Paris. Assuming that La Vauguyon would have sent a copy of the memorial to the Comte de Vergennes soon after he received it, 18 Aug. seems a likely date for its composition.
The memorial proposed that the Netherlands accede to the Franco-American Treaty of Alliance under the terms of Art. 10 of that treaty, which permitted “other Powers who may have received injuries from England” to join the alliance (Miller, Treaties, 2:39). In its [ca. 18 Aug.] form the memorial is more focused, but its substance is contained in the proposal that JA submitted to the Duc de La Vauguyon on 1 March (vol. 12:279–281). In his reply of 4 March, the ambassador indicated that he could not comment on the proposal because he lacked instructions, but he thought the time not right for such an initiative (same, p. 289–290). In a brief preface to the memorial as published in the Boston Patriot, JA stated that “I had prepared a memorial to the states general according to my instructions, but as the French ambassador procrastinated and the prospect of a negotiation for peace with England opened, I grew daily more and more indifferent about the triple or quadruple alliance, and said no more upon the subject.” Compare JA's 1811 comment concerning his waning interest in an alliance with the comments in his letter of 6 Sept. to Robert R. Livingston, below.
LbC (Adams Papers). printed: (Boston Patriot, 8 May 1811.)

Docno: ADMS-06-13-02-0154-0001

Author: Cerisier, Antoine Marie
Recipient: Adams, John
Date: 1782-08-18

From Antoine Marie Cerisier

[salute] Excellence

J'ai vu ici Mr le Comte de Sharsfield qui m'a fait l'honneur de me rendre visite; il m'a parlé du manuscrit qu'il vous avait communiqué et m'a paru même desirer que j'en eusse aussi communication;1 il m'a renvoyé au tens où il aurait terminé son voyage qu'il ne fait disait-il, que pour mettre la derniére main à cet ouvrage; je ne doute cependant que, s'il était à la Haye, il fit la moindre difficulté de me le procurer pour deux ou trois jours; il y a certaines choses que je voudrais bien examiner; si vous n'aviez aucune objection à me l'envoyer par Mr Guild. Je vais me jetter bientôt sur le grand sujet de la pacification générale; j'ai vu vos reflexions dans le Courier du Bas-Rhin et dans la gazette de Leide; je pourrai en ajouter des miennes;2 je desirerai beaucoup d'avoir le traité de commerce, tel qu'il se trouve actuellement arrangé. Je vous prie d'etre persuadé de l'entier dévoument & de la profonde venération avec les quelles j'ai l'honneur d'être votre très humble & très obeissant servit
[signed] A M. Cerisier
Si vous aviez a m'écrire confidentiellement, je vous prierai de mettre cette adresse à Mr Lainé Horloger vis à vis de la Tour de la mon noye3 pour remettre à Mr Robert.

Docno: ADMS-06-13-02-0154-0002

Author: Cerisier, Antoine Marie
Recipient: Adams, John
Date: 1782-08-18

Antoine Marie Cerisier to John Adams: A Translation

[salute] Excellency

I had the honor of a visit from Mr. Sarsfield here. He spoke to me about a manuscript that he sent to you, and he seemed to want me to see a copy of it also.1 He deferred giving me a copy until after his trip, which, he said, he was only making to put final touches on this work. I doubt that he had the least bit of difficulty in getting it for me for a few days while he was at The Hague. There are some things in it that I would like to look at closely. If you have no objections, send it to me by way of Mr. Guild. I will soon be plunging into the great subject of general pacification. I saw your thoughts in the Courier du Bas-Rhin and the Gazette de Leyde, to which I could add my own.2 I would really like to have a copy of the commercial treaty as it stands now. I ask you to be persuaded of my entire devotion and deep veneration, with which I have the honor to be, your very humble and very obedient servant
[signed] A M. Cerisier
If you need to write to me confidentially, please use this address, at Mr. Lainé, watchmaker, opposite the mint tower,3 to be delivered to Mr. Robert.
{ 252 }
1. For Guy Claude, Comte de Sarsfield, see vol. 9:228–229. The manuscript that he sent to JA cannot be identified from Cerisier's description. Sarsfield wrote to JA on 10 Sept. (Adams Papers), indicating that he had sent JA a manuscript that morning that touched on events in the Swiss canton of Bern, but that cannot be otherwise identified. At breakfast on 8 Oct., Sarsfield gave JA his essay on slavery dated 27 Sept. and entitled “Quelques Considérations sur L'Esclavage, La Servitude De La Glebe, L'Etat de Liberté qui leur a succedé Et les Effects qui Resultent des uns Et des autres.” That essay is included in a 280-page collection of Sarsfield's writings in the Adams Papers that included pieces on the constitution of the Netherlands; the provincial constitutions of Utrecht, Gelderland, Friesland, Zeeland, Groningen, Drenthe, and Overijssel; the banks of Holland; the dikes of the Netherlands; the development of civilization; economics; and women (filmed at [ca. 1782–1783], Adams Papers, Microfilms, Reel No. 359).
2. This is JA's A Memorial to the Sovereigns of Europe, [ca. 5–8 July], above, that appeared in the two papers on 10 and 13 Aug., respectively. It appeared in Cerisier's Le politique hollandais of 26 August.
3. Located in Sophia Pleine or Square in the middle of Amsterdam.

Docno: ADMS-06-13-02-0155

Author: Adams, John
Recipient: Adams, Samuel
Date: 1782-08-19

To Samuel Adams

[salute] My dear Sir

The present Minister, Shelburne I remember disgusted me by an unintelligible, misterious and Equivocal Letter or Number of Letters and in general by the Conduct he held, fifteen or Twenty years ago, and I recollect some disputes I had with Mr Otis upon his Lordships subject at that time.1 His Lordship appears to be the Same Character at this day. He is a good Proof of personal Identity. His Court have lately Signified, in, this Style to the two Imperial Courts and to Versailles, that his Majesty pretended not to prejudge any question, nor to hinder any Person from entering a Congress, whether it was a question of the States General, or whether they would make enter there the American Colonies. The Commission to Mr Fitzherbert, is to treat of Peace with the Ministers quorum cun que Statuum quorum interesse poterit.
Now if St James's means by this, the United States why not Use the Words? If they do not mean them, We ought not to be decoyd by Such Artifices. There Seems to be Something like an Endeavour in Earnest to agree upon Some Preliminaries, but what will be the Success I know not. Charles Fox has shewn himself the greatest Statesman in G. Britain, and if his Idea had been adopted he would have really served his Country.
I See, by the Papers, the Massachusetts goes on very consistently and Steadily—the Same Govr. Lt, and President of the senate. I wish myself often with you, and hope, sometime or other to be so, for I am weary of So insipid an Existence as I hold in Europe. I am wearing myself out, to little visible Purpose. I came within an Hairsbreadth of { 253 } Succumbing under this dutch Mission, but thank God it is terminated happily, and I look upon it, the very critical Pivot upon which our System turned in Europe, and Our Sons will see, if We do not the Importance of it. This being accomplished I see nothing more for me to do in Europe, as to Peace I despair as Things now are of doing so much good, as I could do at home, with infinitely more Satisfaction.
This State is thinking of Sending a Minister to Philadelphia if he should land at Boston I hope he will be taken proper Notice of. But the Step here is too Slow, and it is very difficult to quicken it.

[salute] Affectionately yours.

RC (NN: George Bancroft Coll.); endorsed: “from J Adams Esq Hague Aug [19] 1782.”
1. JA is likely referring to an incident during Shelburne's tenure as secretary of state for the southern department, when he was responsible for the American colonies from Aug. 1766 until the Earl of Hillsborough was appointed American secretary in Jan. 1768. Although it is unclear to what he is specifically referring, one possibility is the controversy in Massachusetts over Gov. Francis Bernard's conduct during the Stamp Act crisis. For a reference by JA to Shelburne in that regard, see his diary entry for 24 Dec. 1766 (JA, D&A, 1:326–329). There is no indication as to the nature of JA's dispute with James Otis.

Docno: ADMS-06-13-02-0156

Author: Adams, John
Recipient: Cerisier, Antoine Marie
Date: 1782-08-19

To Antoine Marie Cerisier

[salute] Dear Sir

I dare not venture to send the Comte's Manuscript. If You will come here, You shall have the use of it as long as You please, and all the Accomodations You can desire. Pray quote the Reflections You mention from the Courier de Bas Rhin. I shall be glad to see yours in addition—there is ample Room for many.
The Treaty of Commerce is not yet arranged. I have recd. a Card from the G. Pensionary, to confer with him tomorrow morning on the subject.1 I hope it will be soon finished.
Your Bookseller is not active enough. We should have the Politique Hollandois here on Mondays or Tuesday Morning at latest: wheras they never come till Wednesday afternoon. You have made the Scribbler look laughably enough. He will not soon forget.
I am very anxious to have the publick Attention turned pointedly to the Admission of the United States into the armed Confederacy. There are very particular Reasons for it.
I will favor Negotiations which Mr. Dana is making and will make, 'tho' his Name should not be mentioned.
I wish this subject could be considered as it relates to the Emperor and the King of Prussia, as well as the Empress of Russia. I wish { 254 } that some hints might be thrown out, concerning the Propriety of the Ambassadors of this Republick and of France promoting such a Step at the Neutral Courts. It might be suggested to the Consideration of their High Mightinesses, whether it would not be proper for them as one Member of the Neutral Confederation, to interpose in this Matter, at least by instructing their Ambassadors to promote it.
It would have an excellent effect to have this Subject kept up in the attention of the publick for many Weeks to come, by having always something in the Papers about it.
If there is any foundation for the Idea that is suggested in some late Pamphlets of a brilliant Incoherence in the present general System of Europe, or if there is or should be any Jealousy between the Northern Powers of Europe and the Southern, this Measure is the most natural and simple Remedy. It is the surest Way to cure every Evil of that sort, by opening the Way for rendering America useful to all the Neutral Powers, as well as those at present in War, and useful to all the Northern Powers as well as the Southern.
These are only intended for broken Hints to set your Imagination and Invention at Work.

[salute] Adieu

LbC in John Thaxter's hand (Adams Papers).
1. From Pieter van Blieswyck, 19 Aug., below.

Docno: ADMS-06-13-02-0157

Author: Adams, John
Recipient: Gerry, Elbridge
Date: 1782-08-19

To Elbridge Gerry

[salute] My dear Friend

I am ashamed to let Mr Guild1 go without a long Letter to you—but you must pardon me. Mr Guild calls upon me for my Dispatches.
There are Conferences begun about Preliminaries at Paris and Things are tending to a Congress, but I fancy they would have gone on much better, if Congriss had adhered to <your> their first Plan. Never did the Neccessity of a clear and firm Conduct appear more plainly to me than upon this occasion.2
It was my Intention to have written you at large upon affairs—but Mr Guilds obligations to go sooner than expected have disappointed me. As some Compensation however I inclose to you all the newest Papers. In to days it is said France insists on a formal Acknowledgment of American Independence, that her Ministers may meet a Congress.3

[salute] Adieu

{ 255 }
RC (MHi:Gerry II Papers).
1. For Benjamin Guild, future husband of AA's cousin Elizabeth Quincy, see AFC, 3:322. Guild sailed from Amsterdam on the Apollo and arrived at Boston on 9 October. He carried a packet for AA, but its content and other letters that Guild may have carried cannot be positively identified (same, 5:11).
2. That is, Congress should not have appointed a five-member joint peace commission in 1781 in place of his 1779 commission as the sole minister authorized to negotiate an Anglo-American peace treaty.
3. It is not known what papers JA sent Gerry, but see the report from Paris dated 12 Aug. in the Gazette d'Amsterdam of 20 August.

Docno: ADMS-06-13-02-0158

Author: Adams, John
Recipient: Warrren, James
Date: 1782-08-19

To James Warren

[salute] My dear Sir

There is now an Harmony so entire between France America and Holland, that I think Affairs must come to a good Conclusion, if they do not it will I am perswaded be our Fault. But I am determined it shall not be mine, and I dont believe it will be Mr Jays.
Spain is now inclined to make a Treaty with us, as I am informed, and the Comte d'Aranda is authorised to treat with him at Paris, this however, must not be made publick tho it may be communicated in Confidence. Mr Dana Seems weary, and I dont wonder. You have no Conception of the Torments that Mr Jay and he and I have endured.
However the Foundations of great Things are never laid without Patience and long suffering.
Shelburne and Fox have Split upon a nice Point and the latter has shewn himself I think a profound Statesman: the later a Selfish, and equivocal Character. He must come finally and with an ill Grace to the Idea of the other, or he will put the last hand to the ruin of that Country.
The Plan Seems to be now to agree if they can upon Some, Preliminaries at Paris and then have a Congress to settle the Treaty, after discussing every Thing.
If Gibraltar falls and the English have no signal Sucess the national Discouragement, will increase, So as to force a Peace perhaps. If they relieve Gibraltar, which will be very hazardous, if they have good News from the East Indies, and especially if they have any naval Advantages they will Struggle for another Campaign or two. Naval Victories intoxicate them to Frenzy—But these are but Drams to a Man in an Hectick.
If there Should be serious Negotiations for Peace, We shall have many Ugly Questions to debate. I dont intend to be answerable for any bad decision of them—but I cannot answer that they will not be badly decided. Canada, Nova scotia, Boundaries, Tories, Fisheries { 256 } are Bones to pick. But the Pretensions of France, Spain and Holland will not be more easily adjusted, nor the Pretentions of Neutrals, in short the Field is so vast, and the objects of such Magnitude, that the first Glance of the Eye affrightens one, but I have looked at it so long that it has lost its Terror to me. Why should one by anxious—it is easy for a Man to do his Duty. He always has this in his Power and this is as much as he ought to have.
I hope Mrs Warren will give my Dutch Negotiation a Place in her History.1 It is one of the most extraordinary, in all the diplomatic Records, But it has succeeded to a Marvel.

[salute] Adieu

RC (MHi: Warren-Adams Coll.); endorsed: “Mr J Adams Letr Augt 82.”
1. See Mercy Otis Warren's response to this comment in her letter of 25 Oct., below. Presumably to insure that she did give adequate treatment to his Dutch negotiations, JA enclosed his Collection of State-Papers with this letter (from James Warren, 1 Nov., Adams Papers; Warren-Adams Letters, 2:181–183).

Docno: ADMS-06-13-02-0159-0001

Author: Bleiswyck, Pieter van
Recipient: Adams, John
Date: 1782-08-19

From Pieter van Bleiswyck

Le Conseiller Pensionnaire d'Hollande Sera tres ravi Si Son Excellence Monsieur Adams veut bien lui faire l'honneur de passer chèz Lui ce Soir vers les 7 heures, ou Demain matin a 9 heures suivant La plus grande Commodité &c. Sr. Exe:
[signed] P. V. Bleiswick

Docno: ADMS-06-13-02-0159-0002

Author: Bleiswyck, Pieter van
Recipient: Adams, John
Date: 1782-08-19

Pieter van Bleiswyck to John Adams: A Translation

The Counsellor Pensionary of Holland will be delighted if his excellency Mr. Adams would do him the honor of meeting with him this evening at about 7 o'clock or tomorrow morning at 9 o'clock, whichever is more convenient for his excellency
[signed] P. V. Bleiswick
RC (DSI: Hull Coll., on loan); endorsed: “Grand Pensionaire.”

Docno: ADMS-06-13-02-0160

Author: Grand, Henry
Recipient: Adams, John
Date: 1782-08-20

From Henry Grand

[salute] Sir

I have had the honour of your last Letter1 to which the least return was a quiker aknowledgement of thanks for its particular civil contents; and I should certainly not have been deficient in that respect had it not been for the Settlement of a part of your Madeira { 257 } Wine which I let a friend have, for you may well suppose that no man in the World, lett him have been ever so sincere a Wel Wisher to America, no one I say could have got the better of all that Wine in the lapse of time it has been in our Cellar; altho the Claret, from its not having filled more than half the Cask it was put in, is grown sour. The part I sold is 260 Bottles of Madeira which has cleared £325. for which you have credit upon our Books.
You have had for the remaining part a most Strict Compliance to your orders, having frequently, with american friends, toasted Success to America. I must add thereto my repeated thanks.

[salute] Being, without any publick News, a little urged by the Time, I must conclude most respectfully Sir Your most obe hub Se

[signed] Hy. Grand
1. Of 23 July, above.

Docno: ADMS-06-13-02-0161

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-08-22

From Edmund Jenings

[salute] Sir

I Have received your Excellencys Letter of the 12th Instant. I am rejoiced that your Excellency has Got Satisfactory news from Paris and Petersbourgh. I shall Know what it is in good Time, in the mean while confiding myself on your Excellencys Contentment, I am Easy.
I wish the measure recommended in the Leiden Papers1 was adopted the Effect upon England and other Powers would be Obvious. Nothing in the great Line can be expected from Lord Shelburne. He has too great an Idea of his own Artifice to think of adopting a liberal Plan. His sending Vaughan to Passy is an affront and not a Compliment. Vaughan was a patriot of Old and while He pretended to be so offered to bribe the Duke of Grafton to give Him a place under Governments.2 The transaction was made public and both parties became ridiculous.
I have read some of the puffs in the English newspapers and have always Laughed at them, there is nothing either of Policy or Philosophy in them. Did I want Proofs of the baseness of a Man the Arts made use of to set Himself off and tarnish the reputation of others, would be sufficient.
I have had delivered to me certain State Papers;3 They alone are sufficient, even as they now are, to give a Preeminence in the Eyes of Posterity to your Negociaters, but when they shall be accompanied by a recital of what has privately passed (and surely they will { 258 } be so one time or other,) your Excellencys Mission will have the greatest Eclat.
I send inclosed a Paper, received by the last Post, which shews that something will be done with the long lost performance. I wish it may be published to your Excellencys Satisfaction. It is to be looked for in the General Advertiser.4
Mr Barclay and Mr Ridley left me Yesterday I have had the greatest Satisfaction in their Company. We talked of your Excellency much and with mutual pleasure.5 I am particularly Happy that my Friend Mr Ridley has had your Excellencys Confidence. His Respect and Esteem for your Excellency are equal to my Wishes and expectations.
I beg leave to ask whether your Excellency has receivd a Letter wherein I gave you an extract of a letter from Mr Laurens.6

[salute] I am with the greatest Respect Sir your Excellencys most Obedient Humbl Sert

[signed] Edm: Jenings
1. A Memorial to the Sovereigns of Europe, [ca. 5–8] July, above. It had appeared in the Gazette de Leyde of 11 August.
2. Jenings' reference to this person as a “patriot of Old” makes it more likely that he means Samuel Vaughan, an English merchant with interests in the West Indies, than Vaughan's son Benjamin who had been born in 1751 and was then at Paris as Shelburne's agent (DNB). If so, then the incident mentioned likely occurred during Grafton's service as first lord of the treasury from 1766 to 1770 or as lord privy seal from 1771 to 1775.
3. Probably JA's A Collection of State-Papers, Relative to the First Acknowledgment of the Sovereignity of the United States of America, and the Reception of Their Minister Plenipotentiary, by Their High-Mightinesses the States-General of the United Netherlands, The Hague, 1782. This pamphlet was published in August, although there is no evidence to that effect other than this letter and JA's reply of [ante 28 Aug.], below. In his letter of 1 Sept., below, Jenings promised to send the “State Papers” to London for publication. His effort likely resulted in the late November publication of A Collection of State-Papers . . . to Which Is Prefixed, the Political Character of John Adams, Ambassador Plenipotentiary from the States of North America, to Their High Mightinesses the States General of the United Provinces of the Netherlands. By an American. Likewise, an Essay on Canon and Feudal Law, by John Adams, Esq., London, 1782. For announcements of the pamphlet's publication, see Parker's General Advertiser and Morning Intelligencer and the Morning Herald and Daily Advertiser of 20 and 21 Nov., respectively.
4. Probably the notice, likely by Edmund Jenings, that appeared in Parker's General Advertiser and Morning Intelligencer on 16 Aug. and announced the forthcoming publication of the “Letters from a Distinguished American,” the first number of which appeared on 23 Aug. (vol. 9:545).
5. Ridley and Barclay arrived in Brussels on 16 Aug. and left for Paris on the 22d; during their visit they dined several times with Jenings. In his journal entry for 17 Aug., Ridley indicated that Jenings said that JA had informed him (12 Aug., above) that he had finally received a letter from John Jay that he found hopeful (MHi).
6. Of 11 Aug., above.

Docno: ADMS-06-13-02-0162-0001

Editorial Note

On 19 April the States General recognized the United States as independent and John Adams as its minister at The Hague. Four days later, to cement the relationship between the United States and a nation he hoped and expected would become an important trading partner, Adams presented a draft treaty of amity and commerce to their High Mightinesses. By 26 April the { 260 } draft was translated into Dutch, printed, and referred to the committee on maritime affairs and to representatives of the admiralties for their consideration. These deliberations resulted, on 21 May, in a new printing of the draft, now accompanied by “Remarques en nadere Propositie” (Remarks and Further Propositions), for submission to the provincial states and other interested parties for their comments and approval. Three months later, on 22 August, the draft and suggested alterations, now in their final form, were formally submitted to John Adams (No. II, below). On 27 August the final negotiations began when John Adams presented his response to the Dutch proposals (No. III, below), and less than two weeks later, on 6 September, negotiations were complete, with the final texts of the treaty and a convention on recaptures agreed to by both sides (Nos. VIII and IX, below). On 17 September, the States General authorized its representatives to sign the treaty and convention (No. X, below), and on 8 October John Adams signed the two documents in the Truce Chamber at The Hague.
John Adams’ negotiation of the Dutch-American Treaty is being dealt with in a group document placed at 22 August for several reasons, the most obvious being the need to avoid chronicling the negotiations in a piecemeal fashion. Adams’ letters indicate that he paid close attention to the progress of his draft through various levels of Dutch officialdom, and at various points he discussed the treaty with interested parties, but no substantive negotiations took place until the Dutch formally presented their proposals on 22 August, four months after the draft treaty was presented to the States General.
The available documentary record also influenced the editors’ decision. No copy of the draft treaty in English that John Adams submitted to the States General on 23 April has survived in the Adams Papers nor has one been found in the Dutch archives. This is true despite ample evidence in the States General’s resolutions and Adams’ own writings that the draft was submitted in English and was subsequently translated into Dutch. The document received by the States General may have been discarded after translation, but the absence of an English text from the Adams Papers is puzzling because Adams did not read Dutch. C. W. F. Dumas assisted in the negotiations by translating documents received from the Dutch negotiators into French and by probably also translating Adams’ replies into Dutch, but it is unlikely that he lacked an English text on which to record changes made in the course of negotiations and which would serve as a basis for the English text of the treaty signed on 8 October. Adams wrote on 8 October to Robert R. Livingston that “the Papers, in which the whole progress of this Negotiation is contained in Dutch, French and English; make a large bundle, and, after all, they contain nothing worth transmitting to Congress. To copy them would be an immense labor to, no purpose, and to send the Originals, at once, would expose them to loss” (No. XI, below). This seems to indicate that there were more papers relating to the negotiation than the relatively small number that are in the Adams Papers and printed here. If this is so, then at some point they were lost, possibly { 261 } in the course of Adams’ moves between The Hague, Paris, and London or upon his return to the United States.
There may also be a missing letterbook. From the beginning of his diplomatic career in 1778, Adams took great pains to keep a record of his activities, not only because he was participating in great events of interest to later historians, but also because he needed a means to defend his actions if they were questioned later (vol. 7:427). This meant that Adams usually drafted documents like the draft treaty in his letterbook. But there is no extant letterbook in the Adams Papers containing copies of the documents relating to the Dutch negotiations, which perhaps explains the absence of any account of his negotiations in his letters printed in the Boston Patriot, despite his pride in the treaty and the fact that he dealt there in detail with virtually every other facet of his diplomatic career.
In the absence of an extant copy of John Adams’ original English draft, the editors have reconstructed the draft because a simple translation of the Dutch text would be inadequate as well as misleading. No matter how skilled the modern translator might be or how accurate the translation, the resulting English text necessarily would deviate significantly from the English text of the treaty signed on 8 October. We, in fact, would be providing an English translation of a Dutch text that itself was a Dutch translation of an English text. Treaties are legal contracts between consenting parties, in this case the Netherlands and the United States. Therefore, the exact wording of the treaty agreed upon during the negotiations is of great importance, for the Dutch and English texts were equally binding, unlike the Franco-American treaties of 1778 where only the French text was official. Note, however, that the capitalization, punctuation, and spelling in the text of the reconstructed draft, as well as in the translations of Dutch text supplied by the editors, conforms to modern standard English usage. For comments on the nature of the reconstruction and its sources, see the editorial and descriptive notes to No. II, below.
Finally, the texts of the final versions of the treaty and of the convention on recaptures printed here are taken from the Dutch and English texts agreed to on or about 6 September, rather than from the versions that were copied and signed on 8 October. This is because among the Adams Papers are copies of the English texts in John Adams’ hand and Dutch texts in a clerk’s hand agreed to on 6 September, all of which reflect the last-minute fine-tuning of the documents. For the texts of the treaty and the convention signed on 8 October, as well as the locations of those copies, see Miller, Treaties, 2:59–95.

Docno: ADMS-06-13-02-0162-0002

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-08-22

I. To Robert R. Livingston

[salute] Sir

Their High Mightinesses have at length recieved their Instructions from all the Provinces, and I have this day been in Conference { 262 } with the Grand Committe, who communicated to me the Remarks and Propositions on their Part. To this I shall very soon give my Replication;2 and I hope the Affair will be soon ended.
I was recieved in state by two of the Lords at the Head of the Stairs, and by them conducted into the Committee Room where the Business is transacted. The Committee consisted of one or more Deputies from each Province, together with the Grand Pensionary Bleiswick and the Secretary Fagel.

[salute] I have the honor to be, Sir, your most obedient humble Servant.

[signed] J. Adams3
RC in John Thaxter’s hand (PCC, No. 84, IV, f. 133–134).
1. According to its dispatch book, Congress did not receive this announcement that formal negotiations had begun until 1 April 1783, two and a half months after JA’s letter of 8 Oct. (No. XI, below) and the signed copies of the treaty and convention had arrived (PCC, No. 185, III, f. 60, 52).
2. For the “Remarks and Propositions” and JA’s responses, see Nos. II and III, below.
3. Signature in JA’s hand.

Docno: ADMS-06-13-02-0162-0003-0001

Editorial Note

Two separate documents are presented here. The first is derived from the printed Dutch translation of John Adams’ English draft of a treaty of amity and commerce, accompanied by “Remarques en nadere Propositie” (Remarks and Further Propositions), that was officially presented to Adams on 22 August. The Dutch translation of the draft appears in the left column. In the right column are the “Remarques,” which are (with one notable exception, for which see note 1) keyed to numbered italicized passages in the draft on the left. Most of these proposals, even those regarding a single word, are substantive; however, some are merely textual, intended to correct errors in the translation (see, for example, note 10). Note also that in some instances there are unnumbered italicized words or passages that were intended for deletion with no revision or replacement indicated. The second document consists of the reconstructed English text of Adams’ draft in the left column and an English translation of the Dutch remarks in the right column. For the editors’ decision to reconstruct the draft rather than translate it from the Dutch, see the editorial note to the group document, above.
The reconstruction was possible because by comparing the Dutch text of the draft and the language of the final treaty (No. VIII, below), it was clear that Adams used two sources when he drafted the treaty. He began { 263 } with Congress’ 29 December 1780 plan for a Dutch-American treaty (vol. 10:451–458). Articles 1 through 22 of the draft correspond to Articles 1 through 21 of the treaty plan, the numbering discrepancy owing to one article being the reciprocal of another, for which see note 20. For matters not covered in the treaty plan, Adams then turned to the Lee-Neufville Treaty of 4 September 1778 (Adams Papers; printed: Wharton, Dipl. Corr. Amer. Rev., 2:789–798). From this source he took Articles 10, 29, 30, 31, and 32, which correspond to Articles 24 through 28 of the draft treaty, as well as the passport and certificate to be given to American merchant ships. Only Articles 23, 29, and 30 were Adams’ own work. Article 23 does not appear in the final treaty and is translated directly from the Dutch. Articles 29 and 30 do appear in the final treaty, and the text for them there has been used here.
With regard to the English translation of the “Remarques en nadere Propositie” appearing in the right column, it should be noted that the printed Dutch text that Adams received on 22 August, which served as the basis for negotiations, included remarks, proposals, and deletions in an unknown hand, all stemming from proposals adopted by Amsterdam on 9 August (Adams Papers). Those handwritten passages, in both Dutch and English, have been underlined to differentiate them from the rest of the text. The English text of the remarks and proposals is derived from two sources. When a proposal was rejected, or for some other reason was not included in the final treaty, it has been translated directly from the Dutch, but when a Dutch proposal was incorporated more or less verbatim into the treaty, the English text of the passage as it appears in the final treaty has been used, with such instances being indicated in the annotation (but see also John Adams’ responses to the Dutch proposals in No. III, below).

Docno: ADMS-06-13-02-0162-0003-0002-0001

Author: Adams, John
Author: Netherlands, States General of
Recipient: Adams, John
Recipient: Netherlands, States General of
Date: 1782-04-23
Date: 1782-08-22

Dutch Translation of John Adams' Draft of a Dutch-American Treaty of Amity and Commerce and Proposals for Revisions

Een Tractaat1hn1Van Vriendschap en Commercie, tusschen haar Hoog Mogende, de Staaten Generaal (1) van de { 264 } zeven vereenigde Nederlandsche Provincien,2en de vereenigde Staaten (2) van America,3te weeten New-Hampshire, (3) Massachu-setts, Rhode Island,4Connecti-cutt, New-York, New-Jersey, Pensylvania, (4) Delaware, Mary-land, Virginia, Noord-Carolina, Znid-Carolina en Georgia.hn2
Haar Hoog Mogende de Staaten Generaal (1)hn3van de zeven vereenigde Nederlandsche Provincien, en de vereenigde Staaten (2)hn4van America, te weeten New-Hampshire, Massachusets, Rhode Island en Providence Plantations, Connecticutt, New-York, New-Jersey, Pensylvanien, Delaware, Maryland, Virginien, Noord-Carolina, Zuid-Carolina en Georgien, geneegen zynde, op een bestendige en billyke wyze te (3)hn5fixeeren, de regelen, die in acht genoomen moeten worden, ten opzigte van de Correspondentie en Commercie welke zy verlangen vast te stellen tusschen haare respective Landen, Staaten, (4) Burgeren5hn6 en Onderdaanen, hebben geoordeelt, dat het gezegde einde niet beeter kan worden bereikt, dan door (5) het stellenhn7 tot een basis van haar Verdrag, de volmaakste egaliteit en reciprociteit, en (6) door zorgvuldiglyk te vermydenhn8 alle die lastige Praeserentien, dewelke doorgaans de bronäders zyn van twist, verwarring en misnoegen; (7) door insgelykshn9 iedere Party de vryheid te laaten, om wegens de Commercie en Navigatie (8) zulke interieurehn10 Reglementen te maaken, als die voor zig zelven het gevoeglykst zal oordeelen; en door de voordeelen van Commercie eeniglyk te (9) fundeerenhn11 op wederzyds nut, en de juiste regels van vyre handel over en weer; reserveerende by alles aan { 265 } iedere Parthy de vryheid, om, na desselfs goedvinden, ande Natien te admitteeren tot het participeeren (10) vanhn12 deselfde voordeelen.6
Op deeze grondbeginzelen, (11) voorgemeldehn13 haar Hoog Mogende de Staaten Generaal (12)7van de zeven vereenigde Provincien, hebbende benoemt en geconstitueert tot haaren Plenipotentiaris:hn14

En de gemelde vereenigde Staaten van (13)hn15 America, hebbende van hunne zyde met Volmagt voorzien, den Heer John Adams, laatst Commissaris van de vereenigde Staaten van (14)hn16 America aan het Hof van Versailes, geweesen Asgevaardigde op het Congres wegens de Staaten van Massachusetts Baay,8 en Opper-Regter van den gemelden Start.
(14) De voornoemde Plenipotentiarissen,hn17 na uitwisseling van hunne Volmagten, en na rype deliberatie, hebben geconcludeert en geresolveert op de volgende Articulen.
Art. I9hn18
Daar zal een vaste, onverbreekelyke, en universeele Vreede, en opregte vriendschap zyn, tusschen haar Hoog Mog de (1) Staaten (2) van de zeven vereenigde Nederlandsche Provincien,hn19 en de vereenigde Staa• { 266 } ten van (3)hn20 America, en de Onderdaanen, Burgers en Ingezeetenen van de voornoemde Parthyen, en tusschen de Landen, Eilanden, Steden en Plaatsen, gelegen onder de Jurisdictie van de gemelde vereenigde (4) Nederlandsche Provincienhn21 en de gemelde de vereenigde Staaten van America, en de (5)hn22Burgers, Volkeren en Inwoonders van deselve van allerley staat, zonder onderscheid van Persoonen, (6)hn23of Geslagten.10
{ 267 }
De Onderdaanen van de gemelde Staaten (1) derhn26 Nederlanden, zullen in de Havens, Rheeden, Landen, Eilanden, Steden of Plaatsen van de vereenigde Staaten van America, of eenige van dezelve, geen andere of grootere Regten of Impositien, van wat natuur die ook mogen zyn, of hoedanig dezelve ook genoemt mogen werden, betaalen, dan die welke de meest gefavoriseerde Natien <(2)>hn27 zyn, of zullen worden, verpligt ([2]<3>)hn28 te betaalen. En zy zullen genieten alle de Regten, Vryheeden, Privilegien, Immuniteiten en Exemptien in Handel, Navigatie en Commercie, het zy in het gaan van eene Haven in de gemelde Staaten na eene andere, of gaande na en van dezelve, van en na eenige ([3]<4>)hn29 Haven van de Weereld, welke de gemelde Natien reeds genieten of zullenhn30 genieten. ([4]<5>)
III14
De Onderdaanen en ([5]<6>) Burgershn31 van de gemelde vereenigde Staaten van America, zullen in de Havens, Rheeden, Landen, Eilanden, Steden of Plaatsen van de gemelde vereenigde ([6]<7>) Provincien,hn32 of eenige van dezelve, geen andere, of grootere Regten of Impositien, van wat natuur die ook mogen zyn, { 268 } of hoedanig dezelve ook genoemt mogen worden, betaalen, dan die, welke de meest ([7]<8>) gefavoriseertste Natien <(9)> zyn, of zullen worden verpligt ([8]<10>)hn33 te betaalen. En zy zullen genieten alle de Regten, Vryheeden, Privilegien, Immuniteiten en exemptien in Handel, Navigatie en Commercie, het zy in het gaan van eene Haven in de gemelde Staaten na eene andere, of gaande na en van dezelve, van en na eenige ([9]<11>)hn34 Haven van de Weereld, welke de ([10]<12>)hn35gemelde Natien <(12)>hn36 reeds genieten of zullen genieten. ([11]<13>)hn37
Er zal eene volle, volkomene en geheele vryheid van Conscientie worden toegestaan, aan de Burgers en Onderdaanenhn39 (1) van iedere Parthy, en aan der zelver Familien, (2)hn40aangaande Religie zaaken, en een volkomene en geheele vryheid, om hunne Godsdienst naar haare gewoonte te oeffenen, zonder { 269 } eenigerhande molestatie. Daarenboven zal vryheid worden gegeeven aan de Burgers en Onderdaanen (3)hn41 van iedere Parthye, die in des anderen’s Territoir overlyden, om begraven te worden in (4)hn42 gevoeglyke en decente plaatsen, daar toe te bepaalen, zoo als de geleegentheid zal vereisschen; nogte zullen de doode Lighaamen van die geene die begraaven zyn, eenigzints werden gemolesteert.hn43
Haar Hoog Mogende, de Staaten (1)hn45van de zeven vereenigde Nederlandsche Provincien, zullen tragten, zoo veel eenigzints in haar vermogen is, te beschermen en defendeeren alle Schepen en andere Effecten, toebehoorende aan (2)hn46de Burgers, Volkeren, Inwoonders en Onderdaanen (3)hn47van de gemelde vereenigde Staaten van America, of eenige van dezelve, zynde in haare Havens of Rheen, (4)hn48of op de Zeén naby haare Landen, Eilanden, Steden { 270 } of Plaatsen; en wederom te bekomen en te doen restitueeren aan de regte Eigenaars, hunne Agenten of Gevolmagtigden, alle zodanige Schepen en Effecten, die onder haare Jurisdictie zullen genoomen worden: en haare (5)hn49Oorlog schepen, of eenige Convoyers zeilende onder der zelver authoriteit, zullen by alle geleegentheeden onder haare protectie neemen alle Schepen, toebehoorende aan (6)hn50de Onderdaanen, Volkeren of Inwoonders van de gemelde vereenigde Staaten van America, of eenige der zelve, houdende dezelve cours, of (7)hn51gaande dezelve weg, en zullen zodanige Schepen defendeeren, zoo lang als zy dezelve cours houden, of dezelve weg gaan, tegens alle aanvallen, magt en geweld, (8)hn52 op dezelve wys als zy zouden moeten beschermen en defendeeren de Schepen toebehoorende aan (9)hn53de Onderdaanen van haar Hoog Mogende.
De vereenigde Staaten van America zullen tragten, zoo veel eenigzints in haar vermogen is, te beschermen en defendeeren alle Schepen en andere Effecten, toebehoorende aan de Burgers, Volkeren, Inwoonders en Onderdaanen van de gemelde vereenigde Nederlandsche Provincien, of eenige van dien, zynde in haare Havens of Rhéen, of op de { 271 } Zeén naby haare Landen, Eilanden, Steden of Plaatseu; en wederom te bekomen en te doen restitueeren aan de regte Eigenaars, hunne Agenten of Gevolmagtigden, alle zodanige Schepen en Effecten, die onder haare Jurisdictie zullen genoomen worden: en haare Oorlogschepen of eenige Convoyers zeilende onder der zelver anthoriteit, zullen by alle geleegentheeden onder haare protectie neemen alle Schepen, toebehoorende aan de Onderdaanen, Volkeren of Inwoonders van de gemelde vereenigde Nederlandsche Provincien, of eenige der zelve, houdende dezelve cours, of gaande dezelve weg, en zullen zodanige Schepen defendeeren, zoo lang als zy dezelve cours houden, of dezelve weg gaan, tegens alle aanvallen, magt en geweld, op dezelve wys als zy zouden moeten beschermen en defendeeren de Schepen toebehoorende aan de Onderdaanen der vereenigde Staaten van America.
VII.21hn55
Het zal wettig en vyr zyn voor Kooplieden en andere, zynde Onderdaanen, of van de gemelde zeven vereenigde Nederlandsche Provincien, of van de voorgemelde vereenigde Staaten van America, by Testament of eenige andere dispositie, gemaakt ten tyde van ziekte, of ten eenigen { 272 } tyde bevoorens, of even voor het overlyden, te verdeelen of weg te geeven aan zodanig Persoon of Persoonen, als zy zullen goedvinden, hunne Effecten, Koopmanschappen. Gelden, Schulden of Goederen, roerende of onroerende, dewelke zy hebben of behoorden te hebben ten tyde van hun overlyden, of eenigen tyd bevoovrens, in de Landen, Eilanden, Steden, Plaatsen of Dominien, behoorende aan ieder van de voornoemde contracteerende Parthyen. Nog meer, het zy dezelve komen te overlyden, hebbende getesteert of abintestato, derzelver wettige Erfgenaamen, Executeurs of Administrateurs, resideerende in de Dominien van ieder der contracteerende Parthyen, ofkomende van eenig ander gedeelte, ofschoon dezelve niet zyn genaturaliseert, en zonder hun Regt gecontesteerd of betwist te worden onder praetext van eenige Regten of byzondere Persoonen, zullen vryelyk en vreedsaam ontfangen en bezitting neemen van alle de gemelde Goederen en Effecten hoedanige ook, in gevolge de Wetten van ieder Land respectivelyk in zodanig geval, nogtans zoo, dat de laaste wil, en regt van Erven, van Luyder abintestato overlydende, beweezen moeten morden, in gevolge de Wetten van die Plaatsen, alwaar ieder Persoon mag komen te overlyden, zoo wel door de Onderdanen van { 273 } de eene, als van de andere der contracteerende Parthy, niettegenstaande eenig Wet, Statut, Edict, Placaat, Costume, Ordonnantie of Regt, hoe genaamt, ter contrarie.hn56
VIII.22hn57
Het zal wettig en vry zyn aan de Onderdaanen van iedere Parthye, zodanige Advocaaten, Procureurs, Notariffen, Solliciteurs of Factoors te employeeren, als zy zullen goedvinden, ten welken einde de voorsz Advocaaten en andere hoven gemeld, mogen werden benoemt door de ordinaris Regters, als ’t nood is, en de Regters daar toe vereischt worden.
Kooplieden, Schippers, Eigenaars, Bootsgezellen, Lieden van a derhande soort, Schepen en Vaartuigen, en alle Koopmanschappen en Goederen in ’t generaal, en Effecten van ieder der Bondgenooten, of van der zelver Onderdaanen, zullen niet mogen worden in beslag genomen of aangehouden in eenige der Landen, Gronden, Eilanden, Steden, Plaatsen, Havens, Stranden of Dominien, hoe genaamt, van den anderen Bondgenoot, tot algemeen (1)hn59 gebruik, Oorlogs-Expeditien, of byzonder gebruik van iemand, door arrest, geweld, of eenigzints daar na gelykende.
{ 274 }
Noch te meer zal het onwettig zyn voor de Onderdaanen van iedere Parthy iets te neemen, of door geweld te ontvreemden, van de Onderdaanen van de andere Parthy, zonder bewilliging van den Persoon die het toebehoord: het geen egter niet te verstaan is van die aanhaalingen en detentien (2)hn60 welke (3)hn61zal worden gedaan op bevel en authoriteit van de Justitie, en volgens de ordinaire wegen, ten opzigte van schulden of misdaaden, waar omtrent de Procedures moeten geschieden by wege van Regten, in gevolge de form van Justitie.
Verders is overeengekomen en besloten, dat het volkomen vry zal staan aan alle Kooplieden, Bevelhebbers van Schepen, en andere Onderdaanen van haar Hoog Mog. de Staaten (1)hn63van de zeven vereenigde Nederlansche Provincienhn64, in alle Plaatsen gehoorende onder het Gebied en Jurisdictie van de voorsz vereenigde Staaten van America, hunne eigen zaaken zelfs te verrigten, of daar toe te employeeren wien het hun zal behaagen, noch zullen zy verpligt zyn gebruik te maaken van eenige Tolk of Makelaar, noche eenige Salaris of Foyen te betaalen, ten zy zylieden verkiezen om deselve te gebruiken. Voorts zullen de Schippers van Schepen { 275 } niet verpligt zyn, by het laaden of ontlaaden hunner Schepen, gebruik te maaken van de Werklieden, die tot dien einde by publique authoriteit gestelt mogten zyn, maar het zal hun gcheellyk vry staan, en hunne Schepen met hun eigen Volk te laaden of te lossen, (2)hn65of gebruik te maaken van zulke Persoonen in het laaden of lossen der zelve, als zy zullen goedvinden, zonder eenige Foyen of Salaris aau iemand anders, wien ook, te betaalen: Noch zullen zy gedwongen worden eenige soort van Koopmanschappen (3) te lossen, het zy in andere Schepen, of dezelve in hunne eigene te ontfangen, of naar hunne Laading langer te wagten, als hun zal behaagen. En alle en een ieder der (4) Burgers, Volkeren en Inwoonders van de gemelde vereenigde Staaten van America, zal reciproquelyk hebben en genieten dezelfde Privilegien en Vryheeden in alle Plaatsen, welke ook, gehoorende onder het Gebied en Jurisdictie van haar Hoog Mog. de Staaten (5) van de zeven vereenigde Nederlandsche Provincien.
De Koopvaardyschepen van een ieder der Parthyen, (1) { 276 } hn67gaande naar een Haven van een der Vyanden van den anderen Bondgenoot, (2) en omtrent welke reize en de soort van Goederen aan Boord van dezelve, eenige regte grond van suspicie zal zyn, zullen verpligt zyn, zoo wel op de open Zee, als in de Havens, niet alleenlyk haare Pasporten te exhibeeren, maar insgelyks Certificaaten expresselyk aantoonende, dat haare Goederen niet zyn van het getal dier geene, dewelke als Contrabande verboden zyn., (3)hn68
XII.26hn69
Indien, by het (1)hn70exhibeeren der bovengemelde Certificaaten, de andere Parthy ontdekt, dat ’er eenige van die soort van Goederen zyn, dewelke verboden en Contrabande gedeclareert zyn, en geconsigneert naar een Haven, onder de gehoorzaamheid van den Vyand, zal het niet geoorloft zyn Luyken van zodanig Schip op te breeken, of eenige Kist, Koffers, Pakken, Kassen of ander Vaatwerk, daar in gevonden wor• { 277 } dende, te openen, of het geringste gedeelte van haare Goederen te verplaatsen, het zy zodanige Schepen toebehooren aan de Onderdaanen van haar Hoog Mog. de Staaten (2)hn71van de zeven vereenigde Nederlandsche Provincien, (3)hn72of aan de Burgers en Ingezeetenen van de gemelde vereenigde Staaten van America, ten zy de Laading aan Land gebragt worde in presentie van de Officieren van het Admiraliteits Hof, en een Inventaris van dezelve gemaakt, dog zal niet worden toegelaaten om dezelve op eenigerhande wyze te verkopen, verruilen of veralieneeren, (4)hn73ten zy daar na behoorlyke en wettige Procedures tegens zodanige verbodene (5)hn74 Goederen zullen zyn gehouden, en het Admiraliteits Hofby een gepronouncieerde Sententie dezelve zal hebben geconfisqueert, daar van altoos vry laatende, zoo wel het Schip zelve, als eenige andere Goederen daar in gevonden wordende, welke voor vry werden gehouden, nochte mogen dezelve worden opgehouden, onder vorgeeven dat die, als ’t ware, door de geprohibeerde Goederen zouden zyn geinfecteert, veel min zullen dezelve als wettige Prys worden geconfisqueert: (6)hn75doch by aldien niet de geheele Laading, maar alleenlyk een gedeelte van dezelve, zal bestaan uit verbodene { 278 } of Contrabande Goederen, en de Bevelhebber van het Schip gereed en gewillig zal zyn dezelve over te leeveren aan den Neemer, die dezelve ontdekt heeft, in zodanig geval, zal den Neemer, dezelve Goederen ontfangen hebbende, het Schip dadelyk ontslaan, en het zelve op geenerbande wyze verhinderen de reis te vervolgen, waar toe het bestemt was. Doch, in gevalle de Contrabande Koopmanschappen niet alle kunnen worden ontslagen aan Boord van het Schip van den Neemer, alsdan vermag den Neemer niettegenstaande het aanbod van hem, de Contrabande Goederen over te leeveren, het Schip te brengen in de naaste Haven, agtervolgens het geene hier boven is vastgestelt.
XIII28hn76
In tegendeel is overeengekomen, dat al het geen bevonden zal worden gelaaden te zyn door de Onderdaanen en Ingezeetenen van een der beide Parthyen, { 279 } in eenig Schip de Vyanden van den anderen, of aan desselfs Onderdaanen toebehoorende, geheel, ofschoon niet zynde van de soort van verbodene Goederen, mag worden geconfisqueert, op dezelve wys als of het den Vyand toequam, uitgezondert zodanige Goederen en Koopmanschappen, als aan Boord van zodanig Schip gedaan waren voor de Oorlogs-Declaratiehn77, of (1) zelfs na die Declaratie, indien zulks geschied was, zonder kennis gehad te hebben van dezelve Declaratie; zoo dat de Goederen van de Onderdaanen en Volk van een der beide Parthyen, het zy dezelve zyn van de natuur der verbodene, of anderzints, dewelke als boven gemeld waren gelaaden aan Boord van eenig Schip den Vyand toebehoorende, voor den Oorlog, of na de Declaratie van dezelve, indien de Laaders daar van geen kennis hebben gehad, in geenen deele confiscatie zullen onderhevig zyn, maar zullen wel en getrouwelyk, zonder uitstel, aan de Eigenaars, (2)hn78dezelve te rug vraagende, worden gerestitueert, (3) dog zo dat, indien de gemelde Koopmanschappen Contrabande zyn, het geenzints geoorloft zal zyn dezelve naderhand te vervoeren na eenige havens, de Vyanden toebehoorende.
De twee controctreerende Partyen koomen over een, dat den { 280 } termyn van twee maanden verloopen zynde na de Oorlogs-Declaratie, hunne respective Onderdaanen, van welk gedeelte der Waereld zy komen, de onweetentheid, in dit Articul gemeld, niet zullen mogen voorwenden.
XIV.30hn79
En ten einde de best mogelyke zorg mag worden gedraagen voor de securiteit van de Onderdaanen, en het Volk van een der beide Partyen, dat dezelve geen overlast komen te lyden van wegens de Oorlogschepen of Kapers van de andere Parthy, zullen alle de Bevelhebbers van Oorlogschepen en gewapende Vaartuigen van de voorsz Staaten (1)hn80der zeven vereenigde Nederlandsche Provincien, en van de gemelde vereenigde Staaten van (2)hn81 America, mitsgaders alle der zelver (3)hn82 Onderdaanen en Volk, verboden worden eenige beleediging of schaade, aan die van de andere zyde, toe te brengen, en zoo zy dien contrarie handelen, zullen zy (4)hn83 gestraft worden, en daarenboven verpligt (5)hn84zyn satisfactie te geeven voor alle schaade, en den interest daar van, door vergoeding, onder pœne en verbintenis van hunne Persoonen en Goederen.
{ 281 }
Alle Schepen en Koopmanschappen, van wat natuur dezelve ook zyn, die hernoomen zullen worden uit handen van Piraten en Zeerovers (1)hn87op de open Zee, zullen gebragt worden in eenige Haven van eene der beide Staaten, en zullen aan de bewaaring der Officieren van die Haven worden overgeleevert, ten einde geheel gerestitueert te worden aan den regten Eigenaar, zoo dra als behoorlyk en genoegzaam bewys wegens den eigendom der zelve, zal gedaan zyn.<(2)>33hn88
{ 282 } { 283 }
XVI.34hn89
Indien eenige Schepen of Vaartuigen, toebehoorende aan een van beide de Parthyen, hunne Onderdaanen of Volk, op de Kusten of Dominien van den anderen zullen komen te stranden, vergaan, of eenige andere (1)hn90 schaade te lyden, zal alle vriendelyke assistentie en hulp worden gegeeven aan de Persoonen Schipbruek geleeden hebbende, of die zig in gevaar daar van zullen bevinden; (2)hn91 zullende insgelyks Brieven van Vrygeley aan hun worden gegeeven, voor hunne vrye en geruste passage van daar, en retour van een ieder na zyn eigen Land.
XVII.35hn92
In gevalle de Onderdaanen of het Volk van een der beide Partyen, met hunne Schepen, het zy publique en ten Oorlog vaarende, of byzondere en ter Koopvaardy uitgerust, door onstuimig Weer, najaaging van Zeerovers of Vyanden, of eenige { 284 } andere dringende nood, gedwongen zullen worden, ter bekoming van een Schuylplaats en Haven, zig te retireeren en binnen te loopen in eenige der Rivieren, Creeken, Baayen, Havens, Rheeden of Stranden, toebehoorende aan de andere Parthye, zullen dezelve met alle menschlieventheid en goedwilligheid werden ontfangen, en alle vriendelyke protectie en hulp genieten, en zal hun worden toegestaan zig te ververschen en proviandeeren tegens reedelyke prysen, met Victuaille, en alle dingen benoodigt tot onderhoud van haare Persoonen, of reparatie van hunne Schepen, en zy zullen op geenerley wys worden opgehouden, of verhindert, uit de gemelde Havens of Rheeden te vertrekken, maar mogen verzeylen en gaan, wanneer en waar het hun behaagt, zonder eenig belet of verhindering.
XVIII.36hn93
Tot des te beeter voortzetting der wederzydsche Commercie, is overeengekoomen, dat indien een Oorlog mogt komen te ontstaan tusschen (1) de voornoemde twee Natien, zes maanden zal worden vergunt na de Proclamatie van Oorlog, aan de Kooplieden in de Steden en Plaatsen alwaar zy woonen, tot het verkoopen en transporteeren hunner Goederen en Koop– { 285 } manschappen; en indien iets van hun genoomen mogt zyn, of eenige beleediging hun weezen aangedaan, binnen dien termyn, door een der beide Partyen, of het Volk of Onderdaanen van een van beide, zal daar voor volkemene satisfactie gegeeven worden.
{ 286 }
XIX.37hn94
Geen Onderdaanen van haar Hoog Mogende de Staaten (1)hn95van de zeven vereenigde Nederlandsche Provincien, zullen mogen verzoeken of aanneemen eenige Commissien, of Lettres de Marque, tot het wapenen van eenig Schip of Schepen, ten einde als Kapers te ageeren tegens de gemelde vereenigde Staaten van (2)hn96 America, of eenige der zelve, of tegens de Onderdaanen, (3)hn97Volk of Inwoonders der gemelde vereenigde Staaten, of eenige der zelve, of tegens den eigendom der Ingezeetenen van eenige der zelve, van eenige Prins of Staat, met wien de voorsz vereenigde Staaten van (4)hn98 America in Oorlog mogten zyn; nochte zal eenige Burger, Onderdaan of (5)hn99Inwoonder van de gemelde vereenigde Staaten van (6)hn100 America, of eenige der zelve, eenige Commissie of Lettres de Marque verzoeken of aanneemen, tot het wapenen van eenig { 287 } Schip of Schepen, om ter Kaap te vaaren tegens (7)hn101 de Onderdaanen (8) van gemelde haar Hoog Mog., of eenige van dezelve, of den eigendom van eenige der zelve, van eenige Prins of Staat, met wien de voorsz (9)hn102Staat in Oorlog (10) zal zyn, en indien eenig Persoon van een beide de Natien, zodanige Commissie of Lettres de Marque zal aanneemen, zal dezelve als een Zeerover worden gestraft.38hn103
De Schepen der Onderdaanen of Ingezeetenen van een van beide de Partyen, komende aan eenige Kust, toebehoorende aan de een of andere der gemelde Bondgenooten, doch niet voorneemens zynde in een Haven binnen te loopen, of binnen geloopen zynde, en niet begeerende hunne Laadingen te lossen, of Last te breeken, (1)hn105zullen behandelt worden volgens de generaale reegelen, met opzigt tot het geval in quaestie gestelt, of nog te stellen.
{ 288 }
De twee contracteerende Partyen vergunnen over en weder aan elkanderen de vryheid, om ieder in de Havens van den anderen, Consuls, Vice-Consuls, Agenten en Commissarissen van hunne eigen aanstelling te hebben, welkers functien gereguleert zullen worden by particuliere overeenkomst, wanneer ooit eene der beide Partyen goedvind zodanige aanstelling te doen.
XXII.41hn107
Het is vastgestestelt tusschen de twee contracteerende Parthyen, dat geen Clausul, Articul, materie of zaak hier in begreepen, het zy voor het tegenswoordige of toekomende, zal worden begreepen of verstaan, contrarie aan de Clausulen, Articulen, Overeenkomsten en Stipulatien in twee Tractaaten, een van Vriendschap en Commercie en het andere van Alliantie, tusschen de voorsz vereenigde Staaten van America, en den Allerchristelyksten Koning, gesloten te Parys op den zesden dag van February een duizend zeven honderd acht en zeventig, of eenige van dezelve, maar dezelve zullen worden begreepen en verstaan, bestaanbaar met en overeenkomsteg de gemelde Tractaaten.
{ 289 }
XXIII.
Het is voorts overeengekomen tusschen de twee contracteerende Partyen, dat aan zyn Catholique Majesteit den Koning van Spagne, het regt zal gereserveert zyn, om te accedeeren in de gemelde twee Tractaaten, tusschen zyne Allerchristelykste Majesteit en de voorsz vereenigde Staaten van America, het eene van Vriendschap en Commercie, en het andere van Allantie, gesloten te Parys op den zesden dag van February een duizend zeven honderd acht en zeventig, met zodanige veranderingen, niet derogatoir aan dit Tractaat, als wederzyds zullen worden overeengekomen, tusschen zyn gemelde Catholique Majesteit en de voorsz vereenigde Staaten; en dat geen Clausul, Articul, materie of zaak hier in vervat, zal worden begreepen of verstaan, het zy voor het tegenwoordige of toekomende, strydig aan de Clausulen, Articulen, Overeenkomsten en Stipulatien, in zodanige Tractaaten gemaakt of nog te maaken, tusschen gemelde zyn Catholique Majesteit en de voorsz vereenigde Staaten.
XXIV.43hn108
Haar Hoog Mog. de Staaten van de zeven vereenigde Nederlandsche Provincien, zullen hunne goede officien en interpositie aanwenden by den Koning { 290 } of Keizer van Marocco of Fez, de Regeering van Algiers, Tunis of Tripoli, of by eenige van dezelve; als meede by eidere Prins, Staat of Mogentheid, op de Kust van Barbaryen in Africa, en de Onderdaanen van den voornoemden Koning, Keizer, Staaten en Mogentheeden, en ieder van dezelve; ten einde, zoo volleedig en nadrukkelyk als mogelyk is, te zorgen, voor de welvaart, geryf en veiligheid van de gemelde vereenigde Staaten, en ieder van dezelve, hunne Onderdaanenm Volk en Inwoonderen, en hunne Schepen en Goederen tegens alle violentien, insultes, aanvallen of plonderingen van wegens de voornoemde Princen of Staaten van Barbaryen of hunne Onderdaanen.
Contrabande.
XXV.44hn109
De vryheid van Navigatie en Commercie zal zig uitstrekken tot alle soorten van Koopmanschappen, uitgezondert alleen deeze, welke onderscheiden zyn onder den naam van Contrabande of verbodene Goederen: en onder deeze benoeming van Contrabande of verbodene Goederen zullen (1)hn110 begreepen zyn (2)hn111 Wapenen, (3)hn112grof Geschut, (4) Bomben met haare Buysen, en andere dingen tot dezelve behoorende, Vuurballen, Buskruit, Lonten, Kanon-kogels, Pieken,
{ 291 }
(5) Deegens en Houwers, Lancien, Speeren, Helbaarden, (6) Mortieren, Petarden, Granaden, Salpeeter, Musquetten, Musquetkogels, Helmetten, Hoostplaaten, Borstplaaten, Malie-Rokken en diergelyk soort van Tuyg, geschikt tot het wapenen van Soldaaten, Draagbanden of Port-Epées, Paarden met haar toebehooren, en alle andere Instrumenten van Oorlog, hoe genaamt.
(7)hn113De volgende<Koopmanschappen> (8) <zullen niet gereekent worden onder de Contrabande of verbodene Goederen>, te weeten alle soorten van Lakenen, Lynewaaten en alle andere Manufactuuren, gemaakt van Wolle, Vlas, Hennip, Zyde, Katoen of eenige andere Stoffen, hoe genaamt. Alle soorten van Kleederen, nevens de Specien waar van dezelve doorgaans gemaakt worden: Goud en Zilver, zoo wel gemunt, als ongemunt, Tin, Yzer, Loot, Kooper, als meede Tarw en Gerst, en alle andere soorten van Graan en Peulvrugten, Tabak, gelyk meede allerhande Speceryen, gezouten en gerookt Vleesch, Zoutenisch, Kaas en Booter, Bier, Oly, Wyn, Cyder, Suikeren, Syroopen en alle soorten van Zout, en in het generaal allerhande Provisien die tot voedzel van den Mensch, en tot onderhoud van bet leeven dienen; voorts alle soorten van { 292 } Katoen, Hennip, Vlas, Teer, Pek, Terpentyn, Touwerk, Kabels, Zeylen, Zeyldoeken, Ankers en eenige gedeeltens van Ankers, gelyk meede Scheeps-Masten, Planken, Deelen en Balken, van wat Boomen, hoe genaamt, en alle andere dingen, geschikt, het zy tot het bouwen of repareeren van Schepen, en andere Goederen, hoe genaamt, welke niet verwerkt zyn in de form van eenig Instrument of Tuyg bereid tot den Oorlog te Land of ter Zee, zullen voor geen Contrabande werden gehouden, veel minder zodanige die reeds verwerkt en tot andere eindens gebruikt zyn; alle dewlke geheel<(9) onder fe vrye Goederen>hn114zullen<worden gereekent te behooren>; gelyk meede alle andere Koopmanschappen en dingen welke niet begreepen en particulier gemeld zyn in de voornoemde opnoeming van Contrabande Goederne, <zoo dat dezelve mogen werden getransporteert en vervoert> in alle vryheid door de Onderdaanen en Ingezeetenen van beide Bondgenooten, (<10>[9])hn115zelfs na Plaatsen aan den Vyand toebehoorende, zodanige Steden of Plaatsen alleen uitgezondert, welke op die tyd beleegert, geblocqueert of geinvesteert zyn. (<11>[10])hn116
{ 293 }
XXVI.46hn117
Ten einde alle diffentie en twist aan beide zyden mag werden vermyd en voorgekomen, is overeengekomen, dat in geval een van beide de Parthyen in Oorlog mogt komen te geraaken, de Schepen en Vaartuigen, toebehoorende aan de Onderdaanen of Ingezeetenen van de andere Geallieerde, met Zeebrieven of Pasporten moeten werden voorzien, expresseerende den naam, eigendom en de groote van het Schip of Vaartuig, als meede den Naam, Plaats of Wooninge van den Schipper of Bevelhebber van het gemelde Schip of Vaartuig, ten einde daar by mag blyken, dat het Schip reeel en in waarheid aan de Onderdaanen of (1)hn118Burgers van eene der Parthyen toebehoord, welk Pasport zal worden opgemaakt en uitgegeeven volgens het Formulier agter dit Tractaat gevoegt. Dezelve zullen (2)hn119insgelyks ieder jaar moeten werden ingetrokken, te weeten, indien het Schip of Vaartuig binnen den tyd van een jaar weer t’huis mogt komen te retourneeren. Het is insgelyks vastgestelt, dat zodanige Schepen of Vaartuigen gelaaden zynde, moeten (3)hn120worden voorzien niet alleen met Pasporten, (4)hn121als boven gemeld, maar ook met { 294 } Certificaaten, inhoudende de onderscheidene gedeeltens derLaading, de Plaats van waar het Schip gezeilt is, en waar heen het zelve is gedestineert; op dat dus geweeten kan worden, of eenige verbodene of Contrabande Goederen aan Boord van het zelve zyn; welke Certificaaten zullen worden opgemaakt door de Officieren van de Plaats van waar het zelve Schip of Vaartuig vertrekt, in de gewoone form. En by aldien iemand goeddunkt of raadzaam vind, om in de gemelde (5)hn122Certificaaten uit te drukken de Persoonen aan wien de aan Boord zynde Goederen toekomen, vermag hy zulks vryelyk te doen. (6)hn123
XXVII.49hn124
De Schepen of Vaartuigen der Onderdaanen of Burgers van een { 295 } van beide de Parthyen, komende aan eenige Kust, toebehoorendeaan de eene of andere der gemelde Bondgenooten, doch niet willens zynde de Haven in te loopen, of ingeloopen zynde, en niet begeerende hunne Laading te lossen, of Last tebreeken, zullen niet verpligt zyn een opgave van haare Laading te doen, ten zy dezelve door eenige haarblykelyke tekenen verdagt mogten zyn, van eenige verbodene Goederen onder de benoeming van Contrabande, aan den Vyand van den anderen Geallieerden te voeren. En in geval van zulke gegroude suspicie, zullen de Onderdaanen en Burgers van een van beide de Parthyen verpligt zyn, in de Havens haare Pasporten en Certificaaten te vertoonen, in maniere hier boven gespecificeert.
XXVIII.50hn125
Indien de Schepen of Vaartuigen van de gemelde Onderdaanen of Volk van een van beide de Parthyen, zeylende langs de Kusten, of in de open Zee, ontmoet zullen worden door eenig Schip van Oorlog, Kaper of gewapend Vaartuig van de andere Parthy, zullen de gemelde Oorlogschepen, Kapers, of gewapende Vaartuigen, tot vermyding van alle disordre, buiten bereik van het Geschut blyven, dog hunne Booten mogen zenden aan Boord van het { 296 } Koopvaardyschip, welke zy op die wys zullen ontmoeten, en op het zelve mogen overgaan ten getalle alleen van twee a drie Man, aan wien de Schipper of Bevelhebber van zodanig Schip of Vaartuig zyn Pasport zal vertoonen, inhoudende den eigendom van het Schip of Vaartuig, ingevolge het Formulier agter dit Tractaat gevoegt; en zal het Schip of Vaartuig, na de vertooning van dusdanig Pasport, (1)hn126 vry en liber zyn om desselfs reis te vervolgen, zoo dat niet geoorloft zal zyn het zelve op eenigerhande wyze te molesteeren of doorzoeken, noch jagt op haar te maaken, of het zelve te forceeren haare voorgenomen Cours te verlaaten.
XXIX.51hn127
Het zal geoorlooft zyn aan Kooplieden, Capiteins en Bevelhebbers van Schepen, het zy publicque en ten Oorlog, of particuliere en ter Koopvaardy vaarende, toebehoorende aan de gemelde vereenigde Staaten van America, of eenige van dezelve, of aan de Onderdaanen, Burgers en Ingezeetenen van eenige der zelve, vryelyk in hunne dienst aan te neemen en aan Boord van haare gemelde Schepen te ontfangen, in iedere der Havens of Plaatsen onder de Jurisdictie van voornoemde haar Hoog Mogende, eenige Botsgezellen of anderen, zynde Inboorlingen, { 297 } Burgers of Inwoonders van eenige der gemelde Staaten, opzulke voorwaarden als zal werden overeengekomen, zonder daar voor aan eenige boete, pœne, straffe, Proces of berisping, hoe genaamt, onderheevig te zyn.
En zullen reciproquelyk alle Kooplieden, Capiteinen en Bevelhebbers van Schepen, behoorende tot de voorsz zeven vereenigde Nederlandsche Provincien, in alle de Havens en Plaatsen, onder het gebied van de gemelde vereenigde Staaten van America, het zelve voorregt genieten tot aanneeming en ontfangen van Bootsgezellen of anderen, zynde Inboorlingen, Burgers of Ingezeetenen van eenige der Domeynen van de gemelde Staaten Generaal<.>hn128
{ 298 }
De toeleg voor refractie, <&c.>hn130
Formulier van het Pasport dat gegeeven zal worden aan de Schepen of Vaartuigen, in gevolge het dertigste Articul van dit Tractaat.54hn131
Aan alle de geene die deeze tegenwoordige zullen zien, salut: doen te weeten, dat by deezen vryheid en permissie gegeeven word aan[]Schipper en Bevelhebber van het Schip (of Vaartuig) genaamt[]van de[]van[]groot[]Tonnen of daar omtrent, leggende tegenswoordig in de Haven van[]gedestineert naar[]en belaaden met[] , om te vertrekken en met zyn Schip of Vaartuig desselfs gemelde reize voort te zetten, zodanig Schip of Vaartuig gevisiteert zynde, en de voornoemde Schipper of Bevelhebber, ouder eede, voor den daar toe gestelden Officier, verklaart hebbende, dat het gemelde Schip of Vaartuig aan een of meer der Onderdaa { 299 } nen, Volk of Ingezeetenen van[]toebehoord, en aan hem (of hun) alleen; In getuigenis waar van, wy deeze tegenswoordige met onse Naamen hebben onderteekent, en bet Zeegel van ons Wapen daar aan gehegt, en het zelve doen contrasigneeren door[]Tot[]deezen dag[]van het jaar onses Heeren Christi.
Formulier van het Certificaat, het welk aan de Schepen of { 300 } Vaartuigen zal worden gegeeven, in gevolge het dertigste Articul van dit Tractaat.
Wy de Magistraat (of Officieren der Convoyen) van de Stad of Haven van[]certificeeren en attesteeren, dat op den[]dag van[]in het jaar onzes Heeren[]C. D. van[]in Persoon voor ons is gecompareert, en onder solemneelen Eede heest verklaart, dat het Schip of Vaartuig genaamt[]van[]Tonnen, of daar omtrent, waar van[]van[]tegenswoordig Schipper of Bevelhebber is, geregtelyk en behoorlyk aan hem (of hun) alleen is toebehoorende. Dat het zelve thans gedestineert is van de Stad of Haven van[]na de Haven van[]gelaaden met Goederen en Koopmanschappen hier onder particulier gespecificeert en opgenoemt, als volgt.
In getuigenis waar van wy dit Certificaat hebben onderteekent en met het Zeegel van ons Officie bekragtigt, deezen[]dag van[]in het jaar onses Heeren Christi.
{ 301 }
Remarques en nadere Propositie.
hn1. (1) der vereenigde Nederlanden.
hn2. (Het Tractaat met Vrankryk heeft)
(2) Staaten van Noord-America.
(3) Massachusetts Baay.
(4) de Graafschappen van Newcastle, Kent en Sussex aan de Delaware.
hn3. (1) der vereenigde Nederlanden
hn4. (2) van Noord-America (als in het Tractaat met Vrankryk)
hn5. (3) bepaalen
hn6. (4) Onderdaanen en Ingezeetenen
hn7. (5) te stellen
hn8. (6) met vermyding van
hn9. (7) aan
hn10. (8) verder zulke
hn11. (9) gronden
hn12. (10) aan
hn13. (11) hebben
hn14. (12) der vereenigde Nederlanden benoemt de Heeren. . . .
Uit het midden der Vergadering van hun Hoog Mog. gedeputeert.
hn15. (13) Noort
hn16. (13) Noort
hn17. (14) dewelke zyn overeengekomen en geaccordeert
Art. I
hn19. (1) Heeren (2) Generaal der vereenigde Nederlanden.
hn20. (3) Noord
hn21. (4) Nederlanden.
hn22. (5) derselver Onderdaanen en Ingezeetenen
(Het Tractaat van Vrankryk heest, en schynt ook gevoeglyker)
hn23. (6) en Plaatsen.
II
hn24. (Genomen uit het 25 Articul van bestand met Portugal in ’s Hage den 12 Juny 1641, en voorts het 10 Art. van ’t Tractaat met Vrankyrk.)11
Wederzydsche Onderdaanen en Ingezeetenen van wat Natie, conditie, geleegentheid of Religie deselve zouden mogen weezen, geene uitgezondert, het zy dan of dezelve Ingezeetenen onder der eens of der anders gebied zouden mogen zyn geboren of hebben gewoond, zullen vermogen te frequenteeren, vaaren en handelen met allerhande soorten van Waaren en Koopmanschappen, waar van den invoer en uitvoer niet algemeen is verboden, in alle elkanders Provincien, Landen en Eilanden in Europa en Noord-America en elders in gelykheid met de meest gefavoriseerde Natien van Europa.
III.
hn26. (1) Generaal der vereenigde
hn27. <(2) van Europa>13
hn28. ([2]<3>) aldaar
hn29. ([3]<4>) vreemde
hn30. ([4]<5>) Insgelyks zullen
hn31. ([5]<6>) Ingezeetenen
hn32. ([6]<7>) Nederlanden
hn33. ([7]<8>) gefavoriseerde
<(9) van Europa.>
(als in het Tractaat met Vrankryk)15 ([8]<10>) aldaar
hn34. ([9]<11>) vreemde
hn35. ([10]<12>) meest gefavoriseerde
hn36. <(12) van Europa>
hn37. ([11]<13>) En zullen de vereenigde Staaten van Noord-America haare Onderdaanen en Ingezeetenen, die van haar Hoog Mog. de Staaten Generaal der vereenigde Nederlanden laaten het gerust genot van haare Rechten omtrent de Landen, Eilanden en Zeeën in Oosten West-Indiën, zonder haar daar in eenig belet of hindernis te doen.16
IV.
hn38. <(Art. IV. als onnut en in het Tractaat met Vrankryk niet gevonden wordenende, geheel overte slaan of te veranderen als volgt:)>
hn39. (1) en Ingezeetenen
hn40. (2) en zal niemand ter zaake van den Godsdienst worden gemolesteert, mits hem omtrent publique demonstratie onderwerpende aan de Wetten van het Land.
hn41. (3) en Ingezeetenen.
hn42. (4) de gewoone Begraafplaatfen, of
hn43. [En zal by Hoogstgedagte vereenigde Staaten van America de nodige voor zeening binnen de dertien neyre Colonien, en daar zulks verder zoude mogen worden vereischt, gedaan worden, ten einde Ingezetenen dezer Landen18 van behoorlyke bewyzen van sterfgevallen, waar by dezelve zyn geinteresseert, voortaan zullen kunnen worden gediend.]
V.
hn45. (1) Generaal der vereenigde Nederlanden, en de vereenigde Staaten van Noord-America
hn46. (2) wederzydsche
hn47. (3) en Ingezeetenen
hn48. (4) binnenlandsche Zeén, Stroomen, Rivieren, en zoo verre haare Jurisdictie Zeewaard strekt.
hn49. (5) convoyeerende Oorlogschepen zullen voor zoo zy eenen gemeenen Vyand mogen hebben
hn50. (6) elkanders Onderdaanen en Ingezeetenen, dewelke geene Contrabande Goederen, volgens de beschryving hier na daar van te doen, zullen hebben ingelaaden naar Plaatsen, waar meede de eene Parthy in Vreede en de andere in Oorlog is, en na geen geblocqueerde Plaats gedestineert zyn, en zullen houden
hn51. (7) gaan
hn52. (8) van den gemeenen Vyand
hn53. (9) wederzyds eigen
hn54. (Art. VI. kan vervallen, wanneer Art. V. zoo als boven verandert is, reciproque word gestelt)
VI.
hn55. (In de plaats van dit Articul te stellen het 39 Articul van het Tractaat van Napels van 1753, luidende)
hn56. De Onderdaanen der contracteerende Parthyen zullen over en weeder in wederzysche Landen en Staaten, van hunne Goederen, by Testamente, Donatie of anderzints mogen disponeeren, en hunne Erfgenaamen, zynde Onderdaanen van een der Parthyen, in de Landen van de anderen, of wel elders woonagtig, zullen dezelve Nalaatenschappen ontfangen, zelfs abinteslato, het zy in Persoon, het zy by hun Procureur of Gemagtigde, schoon zy geen Brieven van naturalisatie zouden mogen hebben geobtineert, zonder dat het effect van die Commissie hun zal kunnen worden betwist, onder praetext van eenige Rechten of Voorregten van Provintien, Steden of Particulieren: En zoo de Erfgenaamen, aan welke de Erfenissen mogten vervallen zyn, minderjaarig waren, zullen de Voogden of Curateurs by den domiciliarien Rechter der genoemde Minderjaarige aangestelt, kunnen regeeren, bestieren, administreeren, verkoopen en veralieneeren de Goederen, welke de gemelde Minderjaarigen by Ersenissen zullen zyn te beurt gevallen; en generalyk met opzigt tot de voorsz Successien en Goederen waarneemen alle Rechten en Functien, die aan Voogden en Curateurs na dispositie der Wetten competeeren, behoudens nogtans, dat deeze dispositie geen plaats zal kunnen hebben, dan in gevalle, als wanneer de Testateur by Testament, Codicil of ander wettig Instrument geen Voogden of Curateurs zal hebben genomineert.
VII.
hn57. (Om de dubbelzinnigheid, de onderhaalde woorden uit te laaten; terwyl het van zelve spreekt, dat de Rechters Advocaaten &c. kunnen benoemen, maar niet ieder Persoon op requisitie van iemand, wie het ook zy, de faculteit geeven, daar hy anders niet bevoegt toe is.)
VIII.
hn59. (1) publicq
hn60. (2) en Arresten
hn61. (3) zullen
IX.
hn63. (1) Generaal der vereenigde Nederlanden
hn64. (Al het met Curcyf Letter gedrukte uit te laaten, zynde het niet onbillyk, dat, als andere willen employeeren, zy employeeren de geene die de Wetdaar toe heest geprivilegieert.)
hn65. (En tot vermyding van confusie by te voegen)
(2) mits onderworpen blyvende aan de ordres op het laaden en lossen en het inslaan en vervoeren van Goederen en Waaren van en na de Schepen en van de eene Plaats na de andere, by de Wetten tot voorkoming van fraudes als anderzints gestelt.
(3) tegens hun wil te lossen, maar met haar ongebrooke Laadingen wederom over Zee mogen uitvaaren; ook zullen zy niet gedwongen worden eenige Goederen tegens hun wil in hunne Schepen te ontfangen, of naar hunne Laading langer te wagten, als hun zal behaagen; maar vrywillig lossende of laadende subject zyn aan de betaaling van de Rechten, daar gebrooke Laadingen aan onderhevig zyn.
(4) Onderdaanen en Ingezeetenen
(5) Generaal der vereenigde Nederlanden, dewelke zy volgens het tweede en derde Articul van dit Tractaat zullen bevaaren.
X.
hn67. (1) komende zoo wel van een vyandelyke, als eigen of neutrale Haven zullen vry mogen vaaren. (2) dog verpligt zyn, zoo dikwyls het gevordert word haare Zeebrieven en verdere Bescheiden, in het 26 Articul beschreeven.
hn68. (3) en geene Contrabande gelaaden hebbende na een vyandelyke Haven haar reize vryelyk en onverhindert mogen vervolgen; dogzal geen visitatie van Papieren gevergt worden van Schepen onder Convoy der Oorlogschepen, maar geloof worden gegeeven aan het woord van den Officier het Convoy leidende.
XI.
hn70. (1) vertoonen der Zeebrieven en andere Bescheiden by het 26 Art. van dit Tractaat nader beschreeven.
hn71. (2) Generaal der vereenigde Nederlanden
hn72. (3) of aan Onderdaanen
hn73. (4) dan na dat
hn74. (5) Contrabande
hn75. (6) (Het met Curcyf Letter gedrukte schynt nuttig tegens het opbrengen van Schepen, maar het dient zeer tot rovery, en daarom uit te laaten, en in de plaats te stellan uit het 26 Art. van het Tractaat met Vrankryk van 11 April 1713, als volgt:)27
Maar in tegendeel wanneer by de visitatie aan Land word bevonden, dat ’er geen Contrabande Waaren in de Schepen zyn, en uit de Papieren niet bleek, dat de Neemer en Opbrenger het daar uit niet had kunnen ontdekken, zal dezelve moeten worden gecondemneert in alle de kosten en schaaden die hy de Eigenaaren der Schepen of de Eigenaars en Inlaaders der Goederen waar meede de Schepen belaaden zullen zyn, voor zyne rukeloose aanhouding en opbrenging der Schepen zal hebben veroorzaakt, met de interessen van dien; wordende wel expresselyk verklaart, dat een vry Schip zal vry maaken de Waaren daar in gelaaden, en dat die vryheid zig ook zal uitstrekken over de Persoonen die haar zullen bevinden in een vry Schip, dewelke daar uit niet geligt zullen mogen worden, ten zy het waren Oorlogsluiden, in effectiven dienst van den Vyand.
XII.
hn77. (Liever om alle discussie over de onweetendheid of kennis dier declaratie te vermyden) (1) binnen <drie>[ses]29 maanden na dezelve, welke Goederen
hn78. (2) die dezelve voor de confiscatie en verkoop zullen te rug vraagen, of doen vraagen in natura zullen
(3) gelyk meede het provenu daar van, indien de reclame binnen acht maanden na de verkooping dewelke publicq zal moeten worden gedaan, eerst konde geschieden,
XIII.
hn80. (1) Generaal der vereenigde Nederlanden.
hn81. (2) Noord
hn82. (3) Officieren.
hn83. (4) op de eerste klagte daar over te doen na behoorlyk onderzoek schuldig bevonden wordende, door haar eigen Rechters
hn84. (5) worden
XIV.31
hn85. Tot meerder verklaaring van het geen voorsz is, zullen alle Kaper Capiteinen of Rheeders van Schepen, op particuliere bestelling en Commissie ten Oorlog uitgerust, voor dezelve gehouden zyn, voor der zelver vertrek, goede en suffisante cautie te stellen voor de competente Rechters, of in het geheel te verantwoorden de malversatien die ze in haare coursen, of op haare reizen zouden mogen begaan, en voor de contraventien van haare Capiteinen en Officieren tegen het tegenwoordig Tractaat, en de Ordonnantien en Edicten die gepubliceert zullen worden, in kragte en conform de dispositie van dien, op pœne van verval en nulliteit der voorschreeve Commissien.
XV.
hn87. (1) zonder behoorlyke Commissie op de open Zee vaarende.
hn88. <(2) Maar omtrent het opbrengen van Pryzen door de Oorlogschepen en Commissievaarders van wederzyds contracteerende Parthyen op der zelver gemeene Vyanden genoomen, en omtrent de Schepen van elkanders Onderdaanen door den Vyand genoomen, en by de Oorlogschepen en Commissievaarders van wederzyden hernoomen, zullen worden agtervolgt het geen dien aangaande tusschen zyne Majesteit den Koning van Vrankryk en hun Hoog Mog. de Staaten Generaal der vereenigde Nederlanden, op den 1 Mey 1781 is geconvenieert, waar aan Parthyen zig wedwezyds refeeren, wordende de voorsz Conventien alhier gehouden voor geinsereert, terwyl tot wegneeming van allen twyffel daar omtrent, Copien daar van, en van de Reglementen daar toe behoorende aan dit Tractaat zullen worden gehegt.>
[Werd in bedenking gegeeven, om den inhoud der Conventie van den 1 Mey 1781 tusschen Vrankryk en de Republicq alheer woordelyk te insereeren, zonder egter de Conventie te noemen.]
[En voorts zal het nodig zyn, in aan merking van de verdere distantie van America en vergelyking van de van Vrankryk to stipuleeren.]
[Dat in allen gevallen de restitutie der Prysen op den Vyand hernoomen onver Suffisante Cautie zal werden gearmitteert.]
XVI.
hn90. (1) Zee-
(Meest uit het 35 Art. van voorsz Tractaat van 1713, als volgt:)
hn91. (2) En de Schepen, Goederen en Koopmanschappen, en het geen daar van geborgen zal zyn, of het provenu van dien, by aldien die Goederen verderfelyk zynde, zullen weezen verkogt, alle door de Schippers of door de Eigenaars of van haare Gelaste of Volmagt hebbende, binnen jaar en dag gereclameert wordende, zonder form van Proces worden gerestitueert; mits betaalende alleen de reedelyke onkosten en het geen voor Bergloon door de eigen Onderdaanen in het zelve geval zynde betaald moet worden,
XVII.
XVIII.
hn93. (Het is duister of de byvoeging in dit 18 Art., het welk, zoo veel de Luiden zig binnen ’s Lands bevinden, uit verscheide oude Tractaaten genoomen is, in de woorden, en indien iet van hun genoomen mogt zyn, denoteert Prysen in Zee genoomen; zoo ja, schynt het geen executie te zullen hebben; word daarom voorgestagen, het eerste lid behoudende, het tweede lid klaarder te stellen, en meer uitvoerlyk zo het voorkomt, en te leezen volgens het 41 Art. van voornoemde Tractaat van 1713, als volgt:)
(1) Haar Hoog Mogende de Staaten Generaal der vereenigde Nederlanden, en de vereenigde Staaten van Noord-America, altyd aan de Onderdaanen van de eene of andere zyde zal worden gegeeven den tyd van negen maanden na dato van de rupture, of proclamatie van Oorlog, om haar te mogen retireeren met haare Effecten, en dezelve te vervoeren waar het haar believen zal, het welk haar geoorlooft zal zyn te mogen doen; als meede te mogen verkoopen of transporteeren haare Goederen en Meubilien in alle vryheid, zonder dat men haar daar in eenig belet zal doen; ook zonder geduurende den tyd van de voorsz negen maanden te mogen procedeeren tot eenig arrest van haare Effecten, veel min van haare Persoonen, maar zullen in tegendeel voor haare Schepen en Effecten die zy zullen willen meedevoeren, worden gegeeven Pasporten van vrygeleide tot de naaste Havenen in elkanders Landen voor den tyd tot de reize nodig. Ook zullen geen Pryzen op Zee genoomen voor wettig genomen gehouden mogen worden, ten ware de Oorlogs-Declaratie bekent was geweest of had kunnen zyn, in de Haven die het genome Schip het laatst heeft verlaaten; maar zal vooral het geene aan de Onderdaanen en Ingezeetenen van wederzyden binnen de voorsz termynen ontnoomen mogt zyn, en de beleedigingen die hun aangedaan zouden mogen zyn, volkome satisfactie gegeeven worden.
XIX.
hn95. (1) Generaal der vereenigde Nederlanden.
hn96. (2) Noord
hn97. (3) en Ingezeetenen
hn98. (4) Noord
hn99. (5) Ingezeeten
hn100. (6) Noord
hn101. (7) de Hoog Mog. Heeren Staaten Generaal der vereenigde Nederlanden, of tegens
(8) of Ingezeetenen.
hn102. (9) Staaten
(10) zullen
hn103. [werd geproponeert dit Art. te amplieeren met een gelyke reciproque voorziening, als door haar Ho: Mog. by Placaat van 3 Novb: 1756 is gestatueert]
XX.
hn105. (1) of by te laaden, zullen volgens Art. 9., niet gehouden zyn voor haare Schepen of Laadingen eenige inkomende of uitgaande Rechten te betaalen, nog eenig rekenschap van haare Laadingen te geeven, ten ware dat ’er [wettig] vermoeden was; dat zy aan elkanders Vyanden toevoerden Koopmanschappen van Contrabande.
XXI.
hn107. <(Dit XXII. en het volgende Articul schynen te moeten worden uitgelaaten; Het is vry aan een ieder geen Articulen voor te slaan of aan te neemen, die contrarieeren aan zyn Tractaaren met andere Mogentheeden; maar de gemaakte Conventien moeten niet worden losgemaakt door contrarie stipulatien met derdens.)>
[In de plaats van Art: 22 en 23 te substitueeren het navolgende 22 Art.]
Art: 22
[dit Tractaat zal in geenley opzigte verstaan worden te derogeeren aan de 9e. 10e 17e and 22 Articulen42 van het Tractaat van Commercie in den Jaar 1778 tusschen Vrankryk en meergem. Staaten van America aange gaan en geslvoten; en sal mede niet beletten, dat zyne Catholique Majesteit aan ’t zelve zoude accedeeren en van het beneficie der gemelde veer articulen joúisseeren]
hn108. (Dit Art. XXIV. schynt geëxcuseert te moeten worden wegens het bezwaar daar van, de geleegentheid voor andere waar meede haar Hoog Mog. in Vreede en Vriendschap zyn, om het zelve te vergen, en van geen weezentlyk nut te zyn, terwyl het Hof van Vrankryk zig daar meede gechargeert heest)
XXII.
hn110. (1) alléén
hn111. (2) de Oorlogs-Ammunitien of
hn112. (3) als Mortieren (4) met zyne Vuurwerken en het geen daar toe behoort, Geweeren, Pistoolen, Bomben, Granaden, Buspulver, Salpeter, Zwavel. (5) Zwaarden (6) Casquetten, Cuirassen, en diergelyk soort van Wapentuig, ook Soldaaten, Paarden, Zadels en toerusting van Paarden.
hn113. (7) Alle andere Goederen, <Waaren>, en
(8) <hoe ook genaamt>[Koopmanschappen, hier boven niet uitdrukkelyk gespecificeert; ja zelfs alle zoor ten van Scheeps materialen, hoe zeer dezelven ook zouden mogen zyn geschikt tot het bouwven of Equipeeren van Oorlog Scheepen, of tot het maken van eenig ander Oorlogstuig te Water of te Lande, zullen mitsdien, nog volgens den Letter, noch volgens eenige voor te wenden interpretatie van dezelve hoe ook genaamt, onder verbodene of Contrabande goederen begreepen kunnen of mogen worden: zo dat alle dezelve goederen, en Koopmanschappen hier boven niet uitdruk kelyk genoemt, zonder eenig onderscheid zullen mogen worden getransporteert en vervoert.]45
hn114. <(9) maar>
hn115. (<10>[9]) van en
hn116. (<11>[10]) waar voor alleenlyk worden gehouden dezulke, die door een der Oorlogvoerende Mogentheeden van naby ingestloten worden gehouden.
XXIII.
hn118. (1) Ingezeetenen
hn119. (2) ieder reize dat het Schip t’huis is geweest, op nieuw verleent moeten zyn, of ten minsten niet ouder mogen zyn als <een>[twee]47 jaar voor de tyd dat het Schip laatst is t’huis geweest.
hn120. (3) wesen
hn121. (4) of Zeebrieven boven gemeld; maar ook met een generaal Pasport of particuliere Pasporten, of Manifesten of andere publique Documenten die in de Havenen van waar de Schepen laatst gekomen zyn, gewoonlyk gegeeven worden aan de uitgaande Schepen, inhoudende een Specificatie van de Laading, de Plaats van waar het Schip gezeilt is, en waar heenen het gedestineert is, of by gebreeke van alle dezelve met Certificaaten van de Magistraaten of Gouverneurs der Steden, Plaatsen en Colonien van waar het Schip vertrokken is, in de gewoone form gegeeven, op dat geweeten kan worden of eenige verbode of Contrabande Goederen aan Boord van de Schepen zyn, en of zy daar meede naar ’s Vyands Landen gedestineert zyn of niet.
hn122. (5) bescheiden
hn123. (6) zonder egter daar toe gehouden te zyn of dat gebrek van die uitdrukking gelegentheid tot confiscatie kan of mag geeven.
[(7) 2 wel verstaande, dat aan de dispositie van dit Art: niet onder heevig zullen zyn zodanige Scheepen, die na de Oorlogs verklaring in het geheel nog niet thuis geweest zynde buiten de mogelykheid zyn geweest zig van de vereischte Pasporten of zee brieven te voorzien:]48
hn124. (Art XXVII. schynt geömitteert te kunnen worden, aangezien het, of het zelve is als Art. XX., of door de geprojecteerde byvoeging aan het zelve vervangen word.)
XXIV.
hn126. (1) Zeebrief en verdere Bescheiden.
hn127. <(Dit Articul kan zoo generaal niet geadmitteert worden: in tyd van Vreede zal apparent niet geweigert worden voor Dooden, Deserteurs, als anderzints, recruteering te permiteeren; maar men kan geen generaale permittie tot werving van Oorlogschepen accordeeren)>
hn128. [, met dien verstande, dat men noch aan de eene, noch aan de andere zÿde zig zal mogen bedienen van zodanige zyner Landsgenooten, die zig reeds in dienst van de andere der Contracteerende Partye, het zÿ ten Oorlog, het zy op Koop vaardy Scheepen heeft geengageert, het zÿ men dezelve aan de vaste Wal, dan wel in Zee zoude mogen ontmoeten, ten zÿ de Capitein of Schipper, onder wiens bevel zodanige persoonen zig mogten bevinden dezelve vrywillig52 uit hunnen dienst wilden ontslaan op pœne, dat dezelve anderszins op den voet van Weglopers zullen worden behandeld en gestraft.]
hn129. <(Dit behoord tot geen Commercie-Tractaat, eer toe een Tarif, en is de refractie geschikt na de meeste dienst van de Commercie)>
hn130. [zal in alle reedelyk heid en billykheid worden gereguleert bÿ de Magistraten der respective Steden, alwaar men oordeeld, dat eenige bezwaren deswegens plaats hebben.]
Formulier van Zeebrief.
hn131. Alder-Doörluchtichste, Doorluchtigste, Doorluchtige, Grootmachtighste, Grootmachtige hoogh ende Welgeboorne, Wel-Edele, Erentfeste, Achtbare, Wyse, Voorsienige Heeren Keyzeren, Koningen, Republiquen, Princen, Fursten, Hertogen, Graven, Baronnen, Heeren, Burgermeesteren, Schepenen, Raden, mitsgaders Rechteren, Officieren, Justicieren, ende Regenten aller goede Steden ende Plaatsen, het zy Geestelycke ofte Wereldtlycke, die dese opene Letteren sullen sien ofte hooren lesen: Doen Wy Burgermeesteren ende Regeerders der Stadt [] te weeten, dat Schipper [] van [] (voor Ons compareerende) by solemnelen eede verklaart heeft, dat het Schip, genaamt [] groot omtrent [] Lasten, ’t welk hy althans voert, in de Geunieerde Provincien t’huys behoort, en dat geen Onderdanen van den Vyandt daar in, direct of indirect, eenige portie of deel hebben, soo waarlyck moest hem Godt Almachtigh helpen. Ende want Wy den voorschreven Schipper gaerne gevordert sagen in syne rectvaerdige saken: Soo is Ons versoeck allen voornoemt, ende yeder in het bysonder, daer den voornoemden Schipper met syn Schip ende ingeladen Goederen komen sal, dat de selve gelieven den voornoemden Schipper goedelycken te ontfangen en gehoorlyck te tracteren, gedogende hem op sijne gewoonlycke Tollen ende Ongelden, in het door- ende voorby-varen, Havenen, Stroomen en Gebiedt te passeren, varen en frequenteeren omme sijne Negotiete doen, daar en soo hy te rade vindensal, het welck Wy gaarne willen verschuldigen. Des t’oirkonde deser Stede Zegel ter oorsaake hier aan hangende den
(In margine stond)
hn132. Ter ordonnanatie van de Hooge ende Mogende Heeren Staten General der Vereenighde Nederlandsche Provincien.

Docno: ADMS-06-13-02-0162-0003-0002-0002

Author: Adams, John
Author: Netherlands, States General of
Recipient: Adams, John
Recipient: Netherlands, States General of
Date: 1782-04-23
Date: 1782-08-22

John Adams’ Reconstructed Draft and Translation of the Dutch Proposals

[Reconstruction]
A Treaty1 of Amity and Commerce between their High Mightinesses, the States General (1)hn1 of the Seven United Provinces of the Netherlands2and the United States (2) of America,3to wit, New Hampshire, (3) Massachusetts, Rhode Island,4Connecticut, New York, New Jersey, Pennsylvania, (4)hn2 Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
Their High Mightinesses, the States General (1)hn3of the Seven United Provinces of the Netherlands and the United States (2)hn4of America, to wit, New Hampshire, Massachusetts, Rhode Island and Providence Plantation, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia desiring to (3)hn5 fix in a permanent and equitable manner the rules to be observed relative to the commerce and correspondence which they intend to establish between their respective states, countries, (4)hn6citizens,5and subjects have judged that the said end could not be better attained than by (5)hn7the establishment of the most perfect equality and reciprocity as the basis of their agreement (6)hn8by carefully avoiding all those burthensome preferences which are usually the sources of debate, embarrassment, and discontent (7)hn9by likewise leaving each party at liberty to make, respecting commerce and navigation, { 302 } (8)hn10such interior regulations as it shall find most convenient to itself; and (9)hn11by founding the advantage of commerce solely upon reciprocal utility and the just rules of free intercourse, reserving withal to each party the liberty of admitting at its pleasure other nations to a participation (10)hn12of the same advantages.6
On these principles (11)hn13 their said High Mightinesses the States General (12)7hn14of the seven United Provinces have appointed and constituted as their plenipotentiaries:
And the said United States of (13)hn15 America on their part have furnished with full powers Mr. John Adams, late commissioner of the United States of (14)hn16 America at the Court of Versailles, heretofore delegate in Congress from the State of Massachusetts Bay,8 and chief justice of that state.
(14)hn17The aforementioned plenipotentiaries after exchanging their powers and after full deliberation have concluded and resolved on the following articles.
There shall be a firm, inviolable, and universal peace and sincere friendship between their High Mightinesses the (1)hn19 States (2) of the seven United Provinces of the Netherlands and the United States of (3)hn20 America, and the subjects, citizens, and inhabitants of the said parties and between the countries, islands, cities, and towns situated under the jurisdiction of the said United (4)hn21Provinces of the Netherlands and the United States of { 303 } America and the (5)hn22citizens and people of every degree without exception of persons (6)hn23or places.10
The subjects of the said States (1)hn26of the Netherlands shall pay in the ports, havens, roads, countries, islands, cities, or places of the United States of America or any of them, no other nor greater duties or imposts of whatever nature or denomination they may be, than those which the nations <(2)>hn27 the most favored are or shall be obliged to pay (2<3>)hn28, and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said states to another or in going to and from the same from and to any (3<4>)hn29 port of the world which the said nations do or shall enjoy. (4<5>)hn30
{ 304 }
III14
The subjects and (5<6>)hn31citizens of the said United States of America shall pay in the ports, havens, roads, countries, islands, cities, or places of the said United (6<7>)hn32Provinces or any of them, no other nor greater duties or imposts of whatever nature or denomination they may be, than those which the nations the (7<8>)hn33most favored<(9)> are or shall be obliged to pay (8<10>), and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said states to another or in going to and from the same from and to any (9<11>)hn34port of the world which the (10<12>)hn35said favored nations <(12)>hn36 do or shall enjoy. (11<13>)hn37
There shall be a full perfect and entire liberty of conscience allowed to the citizens and subjects (1)hn39 of each party and to their families (2)hn40as to matters of religion and a full and entire liberty to worship in their own way without any kind of molestation. Moreover liberty shall be given to the citizens and subjects (3)hn41 of either party who die in the territories of the other to be interred in (4)hn42 convenient and de• { 305 } cent places to be appointed for that purpose as occasion shall require; neither shall the dead bodies of those who are buried be any wise molested.hn43
Their High Mightinesses the States (1)hn45of the seven United Provinces of the Netherlands shall endeavor by all the means in their power to protect and defend all vessels and other effects belonging to the (2)hn46citizens, people, residents, or subjects (3)hn47of the said United States of America or any of them, being in their ports, havens, or roads (4)hn48or on the seas near to their countries, islands, cities, or towns, and to recover and cause to be restored to the right owners, their agents, or attorneys all such vessels and effects as shall be taken within their jurisdiction. And their (5)hn49ships of war or any convoyssailing under their authority shall upon all occasions take under their protection all vessels belonging to (6)hn50the subjects, people, or inhabitants of the said United States of America or any of them, holding the same course or going the same way, and shall defend such vessels as long as they hold the same course or (7)hn51go the same way, against all attacks, force, and violence (8)hn52 in the same manner as they ought to protect and defend { 306 } vessels belonging to (9)hn53the subjects of their said High Mightinesses.
The United States of America shall endeavor by all the means in their power to protect and defend all vessels and other effects belonging to the citizens, people, residents, or subjects of the said United Provinces of the Netherlands or any of them, being in their ports, havens, or roads or on the seas near to their countries, islands, cities, or towns, and to recover and cause to be restored to the right owners, their agents, or attorneys all such vessels and effects as shall be taken within their jurisdiction. And their ships of war or any convoys sailing under their authority shall upon all occasions take under their protection all vessels belonging to the subjects, people, or inhabitants of the said United Provinces of the Netherlands or any of them, holding the same course or going the same way, and shall defend such vessels as long as they hold the same course or go the same way against all attacks, force, and violence in the same manner as they ought to protect and defend vessels belonging to the subjects of the said United States of America.
hn56It shall be lawful and free for merchants and others being subjects of the seven United Provinces of the Netherlands or the United States of America by will, or any other disposition made either during the time of sickness or at any other time before or at the point of death, to devise or give away to such person or { 307 } persons as to them shall seem good their effects, merchandizes, money, debts, or goods, moveable or immoveable, which they have or ought to have at the time of their death or at any time before within the countries, islands, cities, towns, or dominions belonging to either of the said contracting parties. Moreover whether they die having made their wills or intestate, their lawful heirs, executors, or administrators residing in the dominions of either of the contracting parties or coming from any other part although they be not naturalized and without having their right contested or impeded under pretext of any rights or prerogatives of provinces, cities, or private persons shall freely and quietly receive and take possession of all the said goods and effects whatsoever according to the laws of each country respectively in such manner however that the wills and right of entering upon the inheritances of persons dying intestate must be proved according to the law in those places where each person may happen to die as well by the subjects of one as of the other contracting party, any law, statute, edict, custom, ordinance, or right whatsoever notwithstanding.
VIII22hn57
It shall be lawful and free for the subjects of each party to employ such advocates, attorneys, notaries, solicitors, or factors as they shall think fit, to which end the said advocates and others abovementioned may be appointed by the ordinary judges if it be needful and thejudges be thereunto required.
{ 308 }
Merchants, masters of ships, owners, mariners, men of all kinds, ships and vessels, and all merchandise and goods in general and effects of one of the confederates or of the subjects thereof shall not be seized or detained in any of the countries, lands, islands, cities, towns, ports, havens, shores, or dominions whatsoever of the other confederate for (1)hn59public use, warlike expeditions, or the private use of anyone by arrests, violence, or any color thereof. Moreover it shall be unlawful for the subjects of either party to take anything or to extort it by force from the subjects of the other party without the consent of the person to whom it belongs, which however is not to be understood of that seizure and detention (2)hn60 which (3)hn61shall be made by the command and authority of justice and by the ordinary methods on account of debt or crimes in respect whereof the proceedings must be by way of law according to the forms of justice.
It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects of their High Mightinesses the States (1)hn63of the seven United Provinces of the Netherlandshn64 in all places subject to the dominion and jurisdiction of the said United States of America to manage their own business themselves or to employ whomsoever they please to manage it for them nor shall they be obliged to make use of any interpreter or bro• { 309 } ker norto pay any salary or fees unless they choose to make use of them. Moreover masters of ships shall not be obliged in loading or unloading their ships to make use of those workmen that may be appointed by public authority for that purpose, but it shall be entirely free for them to load or unload their ships by themselves or to make use of such persons in loading or unloading (2)hn65the same as they shall think fit without paying any fees or salary to any other whomsoever. Neither shall they be forced to unload any sort of merchandises (3) either into other ships or to receive them into their own or to wait for their being loaded longer than they please. And all and every one of the (4) citizens, people, and residents of the said United States of America shall reciprocally have and enjoy the same privileges and liberties in all places whatsoever subject to the dominion and jurisdiction of their High Mightinesses the States (5) of the seven United Provinces of the Netherlands.
The merchant ships of either of the parties (1)hn67which shall be making into a port belonging to the enemy of the other ally and (2) concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion shall be obliged to exhibit as well upon the high seas as in the ports { 310 } and havens not only her passports but likewise certificates expressly showing that her goods are not of the number of those which have been prohibited as contraband. (3)hn68
If by (1)hn70exhibiting the above said certificates the other party discover there are any of those sort of goods which are prohibited and declared contraband and consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship or to open any chest, coffers, packs, casks, or any other vessels found therein or to remove the smallest parcel of her goods whether such ship belongs to the subjects of their High Mightinesses the States (2)hn71of the seven United Netherlands provinces (3)hn72orthe citizens or inhabitants of the said United States of America unless the lading be brought on shore in the presence of the officers of the court of admiralty and an inventory thereof made, but there shall be no allowance to sell, exchange, or alienate the same in any manner (4)hn73until after that due and lawful process shall have been had against such prohibited (5)hn74 goods, and the court of admiralty shall by a sentence pronounced have confiscated the same, saving always as well the ship itself as any other goods found { 311 } therein which are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated as lawful prize. (6)hn75But if not the whole cargo but only part thereof shall consist of prohibited or contraband goods and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor having received those goods shall forthwith discharge the ship and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeably to what is above directed.
XIII28hn76
On the contrary, it is agreed that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemies of the other or to their subjects, the whole, although it be not of the sort of pro• { 312 } hibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandises as were put on board such ship before the declaration of war (1)hn77or even after such declaration, if so be it were done without knowledge of such declaration so that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which as is aforesaid were put on board any ship belonging to an enemy before the war or after the declaration of the same without the knowledge of it, shall no wise be liable to confiscation but shall well and truly be restored without delay to the proprietors (2)hn78demanding the same but (3) so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy.
The two contracting parties agree that the term of two months being elapsed after the declaration of war, their respective subjects from whatever part of the world they come shall not plead the ignorance mentioned in this article.
And that more effectual care may be taken for the security of the subjects and people of either party that they do not suffer any injury by the men of war or privateers of the other party, all the commanders of the ships of war and the armed vessels of the said States (1)hn80of the seven United Provinces of the Netherlands and of the said United States of (2)hn81 America and all their (3)hn82 subjects and peo• { 313 } ple shall be forbid doing any injury or damage to the other side, and if they act to the contrary they shall be (4)hn83punished and shall moreover be bound to (5)hn84 make satisfaction for all matter of damage and the interest thereof by reparation under the pain and obligation of their persons and goods.
All ships and merchandise of what nature soever which shall be rescued out of the hands of any pirates or robbers (1)hn87on the high seas shall be brought into some port of either state and shall be delivered to the custody of the officers of that port in order to be restored entire to the true proprietor as soon as due and sufficient proofs shall be made concerning the property thereof. (2)33hn88
{ 314 }
If any ships or vessels belonging to either of the parties, their subjects, or people shall within the coasts or dominions of the other stick upon the sands or be wrecked or suffer any other (1)hn90 damage, all friendly assistance and relief shall be given to the persons shipwrecked or such as shall be in danger thereof, (2)hn91 and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence and the return of everyone to his own country.
{ 315 }
XVII35hn92
In case the subjects or people of either party with their shipping, whether public and of war or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbor to retreat and enter into any of the rivers, creeks, bays, havens, roads, ports, or shores belonging to the other party, they shall be received and treated with all humanity and kindness and enjoy all friendly protection and help, and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their ships, and they shall no ways be detained or hindered from returning out of the said ports or roads but may remove and depart when and whither they please without any let or hindrance.
XVIII36hn93
For the better promoting of commerce on both sides, it is agreed that if a war should break out between (1) the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live for selling and transporting their goods and merchandizes; and if anything be taken from them or any injury be done to them within that term by either party or the people or subjects of either, full satisfaction shall be made for the same.
{ 316 }
No subjects of their High Mightinesses the States (1)hn95of the seven United Provinces of the Netherlands shall apply for or take any commission or letter of marque for arming any ship or ships to act as privateers against the said United States of (2)hn96 America or any of them or the subjects, (3)hn97people, or residents of the said United States or any of them or against the propple• { 317 } erty of the inhabitants of any of them from any prince or state with which the said United States of (4)hn98 America shall happen to be at war. Nor shall any citizen, subject, or (5)hn99residents of the said United States of (6)hn100 America or any of them apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against (7)hn101 the subjects (8) of their said High Mightinesses or any of them or the property of any of them from any prince or state with which the said (9)hn102 state (10) shall be at war. And if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.38hn103
The ships of the subjects and inhabitants of either of the parties coming upon any coast belonging to either of the said allies but not willing to enter into port or being entered into port and not willing to unload their cargoes or break bulk (1)hn105they shall be treated according to the general rules prescribed or to be prescribed relative to the object in question.
The two contracting parties grant to each other mutually the liberty of having each in the ports { 318 } of the other consuls, vice consuls, agents, and commissaries of their own appointing whose functions shall be regulated by particular agreement whenever either party chooses to make such appointment.
It is agreed between the two contracting parties that no clause, article, matter, or thing herein contained shall be taken or understood, either in present or future, contrary to the clauses, articles, covenants, and stipulations in two treaties, one of Amity and Commerce and the other of Alliance, between the said United States of America and the most Christian King executed at Paris on the sixth day of February one thousand seven hundred and seventy-eight, or any of them but the same shall be taken and understood consistently with and conformably to the said treaty.
XXIII
It is further agreed between the two contracting parties that to his Catholic Majesty the King of Spain is reserved the right to accede to the two abovementioned treaties between his most Christian Majesty and the said United States of America, one of amity and commerce and the other of alliance, concluded at Paris on the sixth day of February one thousand seven hundred and seventy-eight, with such changes, not derogating from this treaty, as shall be mutually agreed upon between his above mentioned Catholic Majesty and the said United States; and that no clause, article, matter, or thing herein contained, shall be { 319 } taken or understood, either in the present or the future as contrary to the clauses, articles, covenants, and stipulations in such treaties made or still to be made, between his Catholic Majesty and said United States.
Their High Mightinesses the Estates of the Seven United Provinces of Holland will employ their good offices and interposition with the King or Emperor of Morocco or Fez, the regency of Algiers, Tunis, or Tripoli, or with any of them, and also with every other prince, state, or power on the coast of Barbary in Africa, and the subjects of the said king, emperor, states, and powers and each of them in order to provide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States and each of them, their subjects, people, and inhabitants, and their vessels and effects against all violence, insult, attacks, or depredations on the part of the said princes or states of Barbary or their subjects. Contraband
This liberty of navigation and commerce shall extend to all kinds of merchandises excepting those only which are distinguished by the name of contraband or prohibited goods; and under this name of contraband or prohibited goods (1)hn110 shall be comprehended (2)hn111 arms, (3)hn112great guns, (4) bombs with their fuzees and other things belonging to them, fire balls, gunpowder, match, cannon balls, pikes, (5) swords and broadswords, lances, spears, halberds, (6) mortars, pe• { 320 } tards, grenades, saltpeter, muskets, musket ball, helmets, head pieces, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever.
(7)hn113These <merchandises> which follow (8) <shall not be reckoned among contraband or prohibited goods,> that is to say, all sorts of cloths and all other manufactures made of wool, flax, hemp, silk, cotton, or any other materials whatever; all kinds of wearing apparel together with the species whereof they are used to be made; gold and silver as well coined as uncoined, tin, iron, lead, copper, brass; as also wheat and barley, and every other kind of corn and pulse, tobacco and likewise all manner of spices, salted and smoked flesh, salted fish, cheese, butter, beer, oils, wines, cider, sugars, syrups, and all sorts of salt; and in general all provisions which serve to the nourishment of mankind and the sustenance of life; furthermore all kinds of cotton, hemp, flax, tar, pitch, turpentine, ropes, cables, sails, sailcloths, anchors, and any parts of anchors; also ship masts, planks, boards and beams of what trees soever, and all other things proper either for building or repairing ships, and all other goods whatsoever which have not been worked into the form of any instrument or thing prepared for war by land or by sea shall not be reputed contraband, much less such as have already been wrought and made up for any other use; all which shall <(9) be wholly reckoned among free goods, as>hn114 likewise all other merchandises and things which are not comprehended { 321 } and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner by the subjects and citizens of both confederates (10)hn115even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked up, or invested (11)hn116.
To the end that all manner of dissention and quarrels may be avoided and prevented on both sides, it is agreed that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or (1)hn118citizens of the other ally must be furnished with sea letters or passports expressing the name, property or bulk of the ship or vessel as also the name, place or habitation of the master or commander of the said ship or vessel that it may appear thereby that the ship really and truly belongs to the subjects or citizens of one of the parties; which passport shall be made out and granted according to the form annexed to this treaty. (2)hn119They shall likewise be recalled every year, that is, if the ship or vessel happens to return home within the space of a year. It is likewise agreed that such ships or vessels being laden (3)hn120are to be provided not only with passports (4)hn121as abovementioned, but also with certificates containing the several particulars of the cargo, the place from whence { 322 } the ship sailed and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship or vessel set sail in the accustomed form, and if any shall think it fit or advisable to express in the said (5)hn122certificates the persons to whom the goods on board belong, he may freely do so. (6)hn123
XXVII49hn124
The ships or vessels of the subjects or citizens of either of the parties coming upon coasts belonging to either of the said confederates but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading unless they should be suspected or some manifest tokens of carrying to the enemy of the other ally any prohibited goods called contraband: { 323 } and in case of such manifest suspicion the said subjects and citizens of either of the parties shall be obliged to exhibit in the ports their passports and certificates in the manner before specified.
XXVIII50hn125
If the ships or vessels of the said subjects or people of either of the parties shall be met with sailing along the coasts or on the high seas by any ships of war, privateers, or armed vessels of the other party, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats aboard the merchant ship which they shall so meet with and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport concerning the property of the ship or vessel made out according to the form annexed to this present treaty, and the ship or vessel after such passport (1)hn126 has been shown shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, to give her chase, or force her to quit her intended course.
It shall be lawfull for merchants, captains, and commanders of vessels, whether public and of war, or private and of merchants, belonging to the said United States of America or any of them, or to their subjects, citizens, and inhabitants, to take freely into their service and receive on board of their vessels, in any port or place in the jurisdiction of their High Mightinesses aforesaid, { 324 } seamen or others, natives, citizens, or inhabitants of any of the said states upon such conditions as they shall agree on, without being subject for this to any fine, penalty, punishment, process, or reprehension whatsoever.
And reciprocally, all merchants, captains, and commanders belonging to the said seven United Provinces of the Netherlands shall enjoy in all the ports and places under the obedience of the said United States of America the same privilege of engaging and receiving seamen or others, natives, citizens, or inhabitants of any country of the denomination of the said States General<.>hn128
{ 325 }
The affair of the refraction<&c.>53hn130
Form of the passporthn131 which shall be given to ships and vessels in consequence of the 30th article of this treaty.54
To all who shall see these presents, greeting. Be it known that leave and permission are hereby given to[]master or commander of the ship or vessel called[]of the[]of[]burden[]tons or thereabouts, lying at present in the port or haven of[]bound for[]and laden with[]to depart and proceed with his said ship or vessel on his said voyage, such ship or vessel having been visited, and the said master and commander having made oath before the proper officer that the said ship or vessel belongs to one or more of the subjects, people, or inhabitants of[]and to him or them only. In witness whereof we have subscribed our names to these presents and affixed the seal of our arms thereto and caused the same to be countersigned by[]at[]this day of[]in the year of our Lord Christ[] .hn132
{ 326 }
Form of the certificate which shall be given to ships or vessels in consequence of the 30th article of this treaty.
We Magistrates (or officers of the customs) of the city or port of[]do certify and attest that on the[]day of[]in the year of our Lord[] , c.d. of[]personally appeared before us and declared by solemn oath that the ship or vessel called[]of[]tons or thereabouts, whereof[]of[]is at present master or commander, does rightfully and properly belong to him or them only. That she is now bound from the city or port of[]to the port of[]laden with goods and merchandises hereunder particularly described and enumerated as follows:
In witness whereof we have signed this certificate and sealed it with the seal of our office this [] day of [] in the year of our Lord Christ.
Remarks and Further Propositions
hn1. (1) of the United Netherlands
hn2. (The treaty with France has)
(2) States of North America
(3) Massachusetts Bay
(4) The Counties of Newcastle, Kent, and Sussex on the Delaware
hn3. (1) of the United Netherlands
hn4. (2) of North America (as in the treaty with France)
hn5. (3) determine
hn6. (4) subjects and inhabitants
hn7. (5) establishing
hn8. (6) with avoidance of
hn9. (7) by
hn10. (8) such ulterior
hn11. (9) to found
hn12. (10) in
hn13. (11) have
hn14. (12) of the United Netherlands named the Lords . . . From the midst of the meeting of their High Mightinesses deputed:
hn15. (13) North
hn16. (13) North
hn17. (14) who have agreed and concluded
I
hn19. (1) Lords (2) General of the United Netherlands
hn20. (3) North
hn21. (4) Netherlands
hn22. (5) their subjects and inhabitants (The treaty with France has, and appears to be also more suitable)
hn23. (6) and places
II
hn24. (Taken from the 25th article of the truce with Portugal done at The Hague, 12 June 1641, and also the 10th of the treaty with France)11
The mutual subjects and inhabitants irrespective of their nation, condition, state, place, or religion who have been born or have lived in either territory shall be allowed to visit, sail, and trade in all sorts of merchandise and commerce of which the import and export has not been generally forbidden, in all of each other’s provinces, countries, and islands in Europe and North America and elsewhere as with the most favored nations of Europe.
III
hn26. (1) General of the United
hn27. <(2) of Europe>13
hn28. (2<3>) there
hn29. (3<4>) foreign
hn30. (4<5>) Likewise shall
hn31. (5<6>) inhabitants
hn32. (6<7>) Netherlands
hn33. (7<8>) favored
<(9) of Europe>
(as in the treaty with France)15
(8<10>) there
hn34. (9<11>) foreign
hn35. (10<12>) most favored
hn36. <(12) of Europe>
hn37. (11<13>) And the United States of North America, with their subjects and inhabitants, will leave to those of their High Mightinesses the States General of the United Netherlands the peaceable enjoyment of their rights in the countries, islands, and seas in the East and West Indies without any hindrance or molestation.16
IV
hn38. <(IV unnecessary, and because it cannot be found in the treaty with France, it is to be skipped or to be changed as follows:)>
hn39. (1) and inhabitants
hn40. (2) and no one shall be molested in regard to his worship, provided he submits, as to the public demonstration of it, to the laws of the country.
hn41. (3) and inhabitants
hn42. (4) the usual burial places, or
hn43. [And will be permitted for the abovementioned high United States of America in the thirteen respective colonies, and whenever it will later be necessary, that the inhabitants of those countries18 may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.]
V
hn45. (1) General of the United Netherlands, and the United States of North America
hn46. (2) mutual
hn47. (3) and inhabitants
hn48. (4) inland seas, streams, rivers and as far as their jurisdiction extends at sea
hn49. (5) vessels of war and convoys, in cases when they may have a common enemy shall
hn50. (6) the subjects and inhabitants of either party which shall not be laden with contraband goods, according to the description of them hereafter, for places with which one of the parties is in peace and the other at war, nor destined for any place blocked and which shall hold
hn51. (7) go
hn52. (8) of the common enemy
hn53. (9) their own respective
hn54. (VI can be omitted if V is changed as above and phrased reciprocally.)
VI
hn55. (Instead of this article, use the 39th article of the Treaty of Naples of 1753, which is as follows:)
hn56. The subjects of the contracting parties may, on one side and on the other, in their respective countries and states, dispose of their effects by testament, donation, or otherwise; and their heirs, subjects of one of the parties, residing in the country of the other, or elsewhere, shall receive such successions, even ab intestato, whether in person or by their attorney or substitute, even although they shall not have obtained letters of naturalization, without having the effect of such commission contested under pretext of any rights or prerogatives of any province, city, or private person. And if the heirs to whom such successions may have fallen shall be minors, the tutors or curators established by the judge domiciliary of the said minors may govern, direct, administer, sell, and alienate the effects fallen to the said minors by inheritance, and, in general, in relation to the said successions and effects, use all the rights and fulfill all the functions which belong by the diposition of the laws to guardians, tutors, and curators, provided nevertheless that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal instrument.
VII
hn57. (Because of the ambiguity, omit the underlined words; while it speaks for itself that the judges can appoint lawyers etc., but not just any person upon the demand of someone else, and, whoever it might be, give the power, because he would otherwise not be allowed to do this.)
VIII
hn59. (1) public
hn60. (2) and arrests
hn61. (3) will
IX
hn63. (1) General of the United Netherlands
hn64. (All the words printed in italics should be omitted, it not being unreasonable that if others want to use it, they use the one which the law thereto prefers.)
hn65. (And to avoid confusion, add)
(2) As long as one obeys the orders of loading and unloading and the supplying and transporting of goods and wares from and to the ships and from the one place to the other according to the laws so as to prevent frauds unless otherwise stated.
(3) unload against their will, but with their unbroken cargoes to be allowed to sail out to sea again; they will not be forced either to receive any goods against their will into their ships, or wait longer for their cargo than they would like to; but the loading or unloading which are done voluntarily will be subject to the payment of the rights which broken cargoes are subject to.
(4) subjects and inhabitants
(5) General of the United Netherlands, which they will navigate according to the second and third article of this treaty.
X
hn67. (1) coming from the port of an enemy or from their own or a neutral port may navigate freely (2) they shall be nevertheless held whenever it shall be required to exhibit . . . their sea letters and other documents described in the 26th article
hn68. (3) and not having any contraband goods for an enemy’s port, they may freely and without hindrance proceed. Nevertheless, it shall not be required to examine the papers of vessels convoyed by vessels of war, but credence shall be given to the word of the officer who shall conduct the convoy.
XI
hn70. (1) exhibiting the sea letters and other documents described more particularly in the 26th article of this treaty
hn71. (2) General of the United Netherlands
hn72. (3) or to subjects
hn73. (4) then after that
hn74. (5) contraband
hn75. (6) (That which is printed in italics appears to be useful against the seizure of ships, but it leads to piracy and therefore should be omitted, and in its stead should be written the following from the 26th article of the treaty with France of April 11th, 1713.)27
But, on the contrary, when by the visitation on land it shall be found that there are no contraband goods in the vessel, and it shall not appear by the papers that he who has taken and carried in the vessel has been able to discover any there, he ought to be condemned in all the charges, damages, and interests of them which he shall have caused to the owners of vessels, and to the owners and freighters of cargoes with which they shall be loaded, by his temerity in taking and carrying them in; declaring most expressly the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself to persons who shall be found in a free vessel, who may not be taken out of her, unless they are military men actually in the service of the enemy.
XII
hn77. (Rather to avoid all discussion about the ignorance or knowledge of the declaration)
(1) or within six <three>29 months after it, which effects
hn78. (2) who shall claim them or cause them to be claimed before the confiscation and sale and be restored in nature
(3) as also their proceeds, if the claim could not be made, but in the space of eight months after the sale, which ought to be public
XIII
hn80. (1) General of the United Netherlands
hn81. (2) North
hn82. (3) officers
hn83. (4) upon the first complaint which shall be made of it, being found guilty after a just examination, punished by their proper judges
hn84. (5) obtain
XIV31
hn85. For further determining of what has been said, all captains of privateers, or fitters-out of vessels armed for war, under commission and on account of private persons, shall be held before their departure to give sufficient caution before competent judges, either, to be entirely responsible for the malversations which they may commit in their cruises or voyages, as well as for the contraventions of their captains and officers against the present treaty, and against the ordinances and edicts which shall be published in consequence of and conformity to it, under pain of forfeiture and nullity of the said commissions.
XV
hn87. (1) navigating the high seas without requisite commissions
hn88. (2) <But concerning the recapture of prizes belonging to each other’s subjects from the common enemy by the warships and commissioned vessels of the mutual contracting parties, reference will be made to the convention of 1 May 1781 between His Majesty the King of France and the States General of the United Netherlands, which being inserted here will remove all doubt regarding this. Copies of this convention and of the rules contained in it shall be attached to this treaty.>
[Would it not be possible to insert here, word for word, the content of the convention of 1 May 1781 between France and the Republic, without, however, naming the convention itself?]
[It will also be necessary, in view of the much greater distance from America compared with that from France, to stipulate that in all cases the restitution of prizes retaken from the enemy will be admitted under sufficient surety.]
XVI
hn90. (1) sea-
hn91. (Mostly taken from the 35th article of aforementioned treaty of 1713 as follows:)
(2) and the vessels, effects, and merchandises, or the part of them which shall have been saved, or the proceeds of them if, being perishable, they shall have been sold, being claimed within a year and a day by the masters or owners or their agents or attorneys, shall be restored paying only the reasonable charges and that which must be paid in the same case for the salvage by the proper subjects of the country.
XVII
XVIII
hn93. (It is unclear whether the addition made in this 18th article, as far as people who find themselves within the country, was taken from several old treaties, in the words if anything be taken from them, which would denote the taking of prizes at sea. If yes, it appears to have no effect. It is hereby proposed to keep the first section and clarify the second section, making it more elaborate as is found in the 41st article of aforementioned treaty of 1713, which reads as follows:)
(1) their High Mightinesses, the States General of the United Netherlands and the United States of North America, there shall always be granted to the subjects on each side the term of nine months after the date of the rupture or the proclamation of war, to the end that they may retire with their effects and transport them where they please, which it shall be lawful for them to do; as well as to sell or transport their effects and goods in all freedom and without any hindrance, and without being able to proceed, during the said term of nine months, to any arrest of their effects, much less of their persons; on the contrary, there shall be given them, for their vessels and effects which they would carry away, passports and safe conducts, for the nearest ports of their respective countries, and for the time necessary for the voyage. And no prize made at sea shall be judged lawful, at least if the declaration of war was not or could not be known in the last port which the vessel taken has quitted. But for whatever may have been taken from the subjects and inhabitants of either party, and for the offenses which may have been given them in the interval of the said terms, a complete satisfaction shall be given them.
XIX
hn95. (1) General of the United Netherlands
hn96. (2) North
hn97. (3) and inhabitants
hn98. (4) North
hn99. (5) inhabitants
hn100. (6) North
hn101. (7) their High Mightinesses States General of the United Netherlands, or against (8) or inhabitants
hn102. (9) states
(10) will
hn103. [It is proposed to amplify this article with a reciprocal regulation similar to that which has been enacted by their High Mightinesses in their placard of 3 November 1756.]
XX
hn105. (1) or take in any cargo, according to Art. 9, they shall not be obliged to pay, neither for the vessels nor the cargoes, any duties of entry in or out, nor to render any account of their cargoes, at least if there is not just cause to presume that they carry to an enemy merchandises of contraband.
XXI
hn107. <(XXIInd and the following apparently should be omitted; anyone is at liberty to propose or adopt articles, but not articles that go against treaties with other powers; existing conventions cannot be undone by contrary stipulations with third parties.)>
[For articles 22 and 23 substitute the following article 22.]
Article 22.
This treaty will not be understood to derogate in any way from articles 9, 10, 17, and 2242 of the treaty of commerce in the year 1778 between France and said states of America and shall not hinder in any way his Catholic Majesty from acceding to it and of enjoying the advantages of the said four articles.
hn108. (One should be excused from XXIV because it would be onerous and would be the occasion for others with whom her High Mightinesses are in peace and amity to require the same, and to be of no essential use, while the Court of France has taken it up.)
XXII
hn110. (1) only
hn111. (2) warlike stores or
hn112. (3) as mortars (4) with their artifices and appurtenances, fusils, pistols, bombs, grenades, gunpowder, saltpeter, sulphur (5) swords
(6) casques, cuirasses, and other sorts of arms, as also soldiers, horses, saddles, and furniture for horses.
hn113. (7) All other goods, <wares>, and
(8) <whatever named> merchandises, not before specified expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war or for the manufacture of one or another sort of machines of war by land or sea, shall not be judged contraband, neither by the letter nor according to any pretended interpretation whatever ought they or can they be comprehended under the notion of effects prohibited or contraband, so that all effects and merchandises which are not expressly before named may, without exception, be transported.45
hn114. <(9) but>
hn115. (10) from and
hn116. (11) and those places only shall be held for such which are surrounded nearly by one of the belligerent powers.
XXIII
hn118. (1) inhabitants
hn119. (2) each time that the vessel shall return, she should have such her passport renewed, or at least they ought not to be of more ancient date than two47<one> years before the vessel has been returned to her own country.
hn120. (3) are to be
hn121. (4) or sea letters mentioned above, but also with a general passport, or with particular passports or manifests or other public documents which are ordinarily given to vessels outward bound in the ports from whence the vessels have set sail in the last place, containing a specification of the cargo, of the place from whence the vessel departed, and that of her destination, or instead of these, certificates from the magistrates or governors of cities, places, and colonies from whence the vessel left, given in the usual form, to the end that it may be known whether there are any effects prohibited or contraband on board of the vessels, and whether they are destined to an enemy’s country or not.
hn122. (5) records
hn123. (6) without, however, being bound to do it; and the omission of such expression cannot or ought not to cause a confiscation.
[(7) 2 Be it understood that the disposition made in this article will not subject such vessels which, having been unable to return home after the declaration of war, have been been unable to procure the required passports and sea letters.]48
hn124. (XXVII apparently can be omitted because it is the same as XX, particularly after the addition proposed to be made to that article.)
XXIV
hn126. (1) sea letter and other records
hn127. <(This article cannot be admitted in this general form. In peacetime recruiting likely will not be refused for deaths, desertion, or other causes, but one cannot accord a general permission for the recruiting of warships.)>
hn128. [, provided that neither on one side nor the other, they may not take in to their service such of their countrymen who have already engaged in the service of the other party contracting, whether in war or trade, and whether they meet them by land or sea; at least if the captains or masters under the command of whom such persons may be found will,52 of his own consent, discharge them from their service, upon pain of being otherwise treated and punished as deserters.]
hn129. <(This does not belong to a treaty of commerce, rather to a tariff, and the refraction is appropriate for the greater service of commerce.)>
hn130. [shall be regulated, in all equity and justice, by the magistrates of cities, respectively, where it shall be judged that there is any room to complain in this respect.]
Form of the Sea Letter
hn131. Most serene, serene, most puissant, puissant, high, illustrious, noble, honorable, venerable, wise and prudent lords, emperors, kings, republics, princes, dukes, earls, barons, lords, burgomasters, schepens, councillors, as also judges, officers, justiciaries, and regents of all the good cities and places, whether ecclesiastical or secular, who shall see these patents or hear them read: We, burgomasters and regents of the city of [] make known, that the master of [] of [] appearing before us has declared upon oath that the vessel called [] of the burden of about [] lasts, which he at present navigates, is of the United Provinces, and that no subjects of the enemy have any part or portion therein, directly nor indirectly, so may God almighty help him. And as we wish to see the said master prosper in his lawful affairs, our prayer is to all the abovementioned, and to each of them separately, where the said master shall arrive with his vessel and cargo, that they may please to receive the said master with goodness and to treat him in a becoming manner, permitting him, upon the usual tolls and expenses in passing and repassing, to pass, navigate, and frequent the ports, rivers, and territories to the end to transact his business, where and in what manner he shall judge proper, whereof we shall be willingly indebted.
In witness and for cause whereof, we affix hereto the seal of this city.
hn132. (In the margin)
By ordinance of the High and Mighty Lords, the States General of the United Netherlands.
MS not found. Reprinted from “Extract uit het Register der Resolutien van de Hoog Mogende Heeren Staaten Generaal der vereenigde Nederlanden,” 21 May 1782, with written insertions in an unknown hand (Adams Papers); endorsed: “Treaty proposed to me by the Comtee: of their H. M. the 22 of August. 1782”; cover sheet in CFA’s hand: “N.B. Project of a Treaty presented by the authorities of Holland for the consideration of John Adams, the Envoy of the United States 22 August 1782.” This document is filmed at 22–29 Aug. 1782 Adams Papers, Microfilms, Reel No. 357. Another copy of the 21 May printed extract is in the Adams Papers and was filmed at 21 May (same). The two documents differ in that the copy that JA received on 22 Aug. consists of pages 3 through 24. The leaf containing pages 1 and 2 may not have been included with the copy submitted to JA on 22 Aug. because page 1 consisted of the instrument by which the States General sub• { 327 } mitted the draft treaty to the various Provincial States, containing a brief account of preliminary meetings with JA and the States General’s consideration of the draft to that point, while page 2 was blank. For an explanation of the editors’ decision to reconstruct JA’s draft rather than simply translate the Dutch text, see the Editorial Note to the group document, above. For the sources of the particular articles see the annotation below.
Printed Copy (Adams Papers); endorsed: “Remarks of Amsterdam in Dutch”; accompanied by a French translation by C. W. F. Dumas. All of the handwritten passages on the copy of the draft and suggestions for revisions submitted to JA on 22 Aug. were derived from Amsterdam’s remarks adopted on 9 August. For those passages, as well as Amsterdam’s other comments on JA’s draft, see notes 13, 17–18, 24, 29, 33, 38, 41, 45, 47–48, 51, and 53. Note that the handwritten passages are underlined and have been placed in the right-hand column regardless of where they appeared on the page.
1. The remainder of the title was set in italics so that, unlike in the remainder of the draft, passages intended to be changed were in roman type and the proposed changes were in italics.
2. JA appropriated the title from the Lee-Neufville Treaty (Adams Papers; printed: Wharton, Dipl. Corr. Amer. Rev., 2:789–798), but where the formula to describe the Netherlands was “the seven United Provinces of the Netherlands.” According to his response to the Dutch proposals for changes, JA changed it to “the Seven United Provinces of the Low Countries” (No. III, below). That was in accord with Congress’ Treaty Plan of 1780 (vol. 10:451), which referred to “the United Provinces of the low Countries.” JA used the revised formula throughout the draft and, as they do here, the Dutch demanded that it be changed to “the United Netherlands” wherever it appeared.
3. When the Dutch considered JA’s draft they clearly compared it to the 1778 Franco-American Treaty of Amity and Commerce. Their objections here and elsewhere to JA’s references to the United States and to the individual states were because the forms used here were different from those used in the treaty with France (Miller, Treaties, 2:3), but Congress’ Treaty Plan of 1780 also referred to the United States of North America (vol. 10:451–457). See JA’s response to the Dutch objections in No. III, below.
4. This should have continued “and Providence Plantation,” an error that neither JA nor the Dutch caught until the last moment, for which see the first paragraph of the draft’s preamble and No. VIII, below.
5. The word “Burgeren” (citizens) appears throughout the draft and was inserted by JA, but it was objected to in every case by the Dutch, who preferred “Ingezeetenen” (inhabitants), the form that appears in the final treaty. The Lee-Neufville Treaty and the treaty plan use the word “people.”
6. With minor variations, the draft’s preamble is identical to that in the Lee-Neufville Treaty. The preamble in the treaty plan, however, is also similar and probably was based on the form in the Lee-Neufville Treaty. See also the Franco-American Treaty of Amity and Commerce (Miller, Treaties, 2:3–4).
7. From this point the italicized passage was replaced in the final treaty, but the new text was considerably different from that proposed here. In fact, this and the following two paragraphs, the first of which was largely retained in the final treaty (No. VIII, below), dealing with the plenipotentiaries authorized to sign the treaty, are JA’s work, for neither the Lee-Neufville Treaty nor Congress’ treaty plan have a comparable section. JA may have used the corresponding sections in the Franco-American treaties of 1778 as a model, although their text is not identical to that in the draft.
8. JA presumably referred to “Massachusetts Bay” because it was the state’s official name when he was a delegate to the Congress and chief justice. But see his objections to the Dutch proposals to change “Massachusetts” to “Massachusetts Bay” in the title and preamble of the draft in No. III, below.
9. This article corresponds to Art. 1 of both Congress’ treaty plan (vol. 10:451) and the final treaty (No. VIII, below).
10. The Dutch are making two changes here. The first corrects what was likely an inadvertence by the translator, for “geslagten” would usually be defined as “genders” or { 328 } “families.” The second brings the draft into accord with the official French text of Art. 1 in the 1778 Franco-American Treaty of Amity and Commerce, which reads at this point “et de lieux,” which should be translated as “and places.” The unofficial English text, however, translated this phrase as “or places,” and that usage was repeated in Art. 1 of Congress’ treaty plan (Miller, Treaties, 2:5; vol. 10:451).
11. For Art. 25 of the Dutch-Portuguese truce of 1641 and Art. 10 of the Franco-Dutch Treaty of Navigation and Commerce signed at Utrecht on 11 April 1713, from which the proposed Art. 2 was derived, JA likely consulted Jean Dumont’s compilation, Corps universel diplomatique du droit des gens; contenant un recueil des traitez d’alliance, de paix, de trève, de neutralité, de commerce, d’échange (Amsterdam, 1726–1739; 14 vols. in 15, folio, 6:217; 8:378). JA purchased Dumont’s work in 1780, and it is in his library at MB (JA, D&A, 2:438; Catalogue of JA’s Library). JA rejected the article, which does not appear in the final treaty, because it failed to confer any rights not already contained in Arts. 2 and 3 of the draft (No. III, below). The Dutch proposal was not included in the final treaty.
12. This article corresponds to Art. 2 of both Congress’ treaty plan (vol. 10:451) and the final treaty (No. VIII, below).
13. The deletion of “van Europa” or “of Europe,” here and later is owing to Amsterdam’s 9 Aug. recommendation that it was unnecessary to add the qualifier to identify the most favored nations.
14. The italicized article number and the continuation of the numbering of the proposed changes indicate that the Dutch intended for Arts. 2 and 3 to be combined, but they remained separate in the final treaty (No. VIII, below). Congress’ treaty plan includes an Art. 3, but provides no separate text, noting that it was “the converse of article second” (vol. 10:451).
15. This probably refers to the 1778 Franco-American Treaty of Amity and Commerce and pertains to the insertion of “aldaar,” meaning “there” or “at that place.” But no equivalent phrasing appears there. JA agreed to the insertion, and it appears in the Dutch text of the final treaty, but no change was made in the English text.
16. This addition to the end of Art. 3 was included in the final treaty (No. VIII, below), but see JA’s comments regarding it in his response to the Dutch proposals and in his 8 Oct. letter to Robert R. Livingston (Nos. III and XI, below).
17. This article corresponds to Art. 4 of both the treaty plan (vol. 10:451–452) and the final treaty (No. VIII, below). But the deletion of the objection to the article and the proposed addition at the end, including the reference to the thirteen colonies, were owing to Amsterdam’s 9 Aug. recommendations. The decision to accept the article as revised mooted JA’s expression of support for the article in his first response, but the references to the high United States and the thirteen colonies produced a vigorous protest in his second (No. III, below). The question of how the proposed addition would read was not settled until 29 Aug., when the Grand Pensionary, Pieter van Bleiswyck, offered language that JA found acceptable (No. VI, below).
18. The remainder of Amsterdam’s proposal was retained in Art. 4 of the final treaty (No. VIII, below).
19. This article corresponds to Art. 5 of both the treaty plan (vol. 10:452) and the final treaty (No. VIII, below), but see note 20.
20. This article does not appear separately in either the treaty plan or the final treaty. The treaty plan at this point reads “ <Ar. VI> A reciprocal Stipulation” (vol. 10:452). Congress may have expected, as the Dutch suggested, that both parts be included in a single article, which was done in Art. 5 of the final treaty (No. VIII, below).
21. As drafted, this article corresponds to Art. 6 in the treaty plan (vol. 10:452–453), but in Art. 6 of the final treaty, the draft text was replaced, as suggested by the Dutch, with that of Art. 39 of the commercial treaty between the Netherlands and the Two Sicilies signed at The Hague on 27 Aug. 1753 (The Consolidated Treaty Series, ed. Clive Parry, 231 vols., Dobbs Ferry, N.Y., 1969–1981, 40:133–134; No. VIII, below).
22. This article corresponds to Art. 7 of the treaty plan (vol. 10:453) and of the final treaty (No. VIII, below). In its final form the passage marked for deletion was removed.
23. This article corresponds to Art. 8 of the treaty plan (vol. 10:453) and of the final treaty (No. VIII, below).
24. As drafted, this article corresponds to Art. 9 of the treaty plan (vol. 10:453–454), but as JA’s replies to the Dutch proposals for changes indicate (No. III, below), it occasioned considerable controversy. The issue { 329 } was not resolved until 29 Aug. when a new, much shorter article, Art. 9 in the final treaty, was proposed and accepted (Nos. VII and VIII, below). This was in line with Amsterdam’s comments of 9 Aug., the crux of which was that the original article and the proposed changes brought unwonted complexity to a relatively simple issue.
25. This article corresponds to Art. 10 of the treaty plan (vol. 10:454) and of the final treaty, where it incorporated the Dutch proposals with one addition, likely a clarification to the third suggestion, for which see No. VIII, and note 11, below.
26. This article corresponds to Art. 11 of the treaty plan (vol. 10:454) and of the final treaty (No. VIII, below).
27. The proposed addition to Art. 12 is an accurate rendition of Art. 26 of the Franco-Dutch Treaty of Navigation and Commerce signed at Utrecht on 11 April 1713. It was incorporated virtually unchanged into Art. 11 of the final treaty (Dumont, comp., Corps universel, 8:380; No. VIII, below).
28. This article corresponds to Art. 12 of the Treaty Plan (vol. 10:454–455) and of the final treaty (No. VIII, below).
29. This reflects Amsterdam’s 9 Aug. suggestion of five or six months as an alternative.
30. This article corresponds to Art. 13 of the treaty plan (vol. 10:455) and of the final treaty (No. VIII, below).
31. This article, as drafted by the Dutch, was incorporated almost verbatim as Art. 14 of the final treaty (No. VIII, below).
32. This article corresponds to Art. 14 of the treaty plan (vol. 10:455) and Art. 15 of the final treaty (No. VIII, below).
33. Both the deletion of the proposal to refer to the Franco-Dutch convention on recaptures of 1 May 1781 and its replacement with the suggestion that the text of the convention be inserted verbatim reflect Amsterdam’s 9 Aug. recommendation. JA responded (No. III, below) that he did not oppose dealing with recaptured vessels but lacked any power or instructions to settle the issue in the treaty. He proposed as an alternative that it be included in a separate convention. The resulting convention (No. IX, below) is a virtually verbatim rendering of the Franco-Dutch convention but with references to France removed. JA had sent Congress an English translation of the convention in his letter of 25 May 1781 (calendared, vol. 11:336).
34. This article corresponds to Art. 15 of the treaty plan (vol. 10:455) and Art. 16 of the final treaty (No. VIII, below). The proposed addition to the article is an accurate rendition of Art. 35 of the Franco-Dutch Treaty of Navigation and Commerce signed at Utrecht on 11 April 1713 and was incorporated virtually unchanged into the article in the final treaty (Dumont, comp., Corps universel, 8:380–381; No. VIII, below).
35. This article corresponds to Art. 16 of the treaty plan (vol. 10:456) and Art. 17 of the final treaty (No. VIII, below).
36. This article corresponds to Art. 17 of the treaty plan (vol. 10:456) and Art. 18 of the final treaty (No. VIII, below). The proposed addition to the article is an accurate rendition of Art. 41 of the Franco-Dutch Treaty of Navigation and Commerce signed at Utrecht on 11 April 1713 and was incorporated virtually unchanged into the article as it appears in the final treaty (Dumont, comp., Corps universel, 8:381).
37. This article corresponds to Art. 18 of the treaty plan (vol. 10:456) and Art. 19 of the final treaty (No. VIII, below).
38. For JA’s rejection of this proposal, which was one of Amsterdam’s 9 Aug. recommendations, see his response of 27 Aug. (No. III, and note 5, below).
39. This article corresponds to Art. 19 of the treaty plan (vol. 10:456–457) and Art. 20 of the final treaty (No. VIII, below). The proposed addition to the article was included in the final treaty, but the reference to Art. 9 was removed.
40. This article corresponds to Art. 20 of the treaty plan (vol. 10:457) and Art. 21 of the final treaty (No. VIII, below).
41. The most contentious issue during the negotiations, or at least the one that provoked the most discussion, involved Dutch objections to Arts. 22 and 23 and their deletion or replacement with a new article. For a detailed explanation from the Dutch perspective of the issues involved, see Adriaan van Zeebergh’s 25 July commentary on the two articles (above). The deletion of the proposal to remove the two articles entirely and the proposed replacement stem from Amsterdam’s 9 Aug. recommendations, and the substitute article is an accurate rendering of Amsterdam’s proposal. But see also JA’s comments in his responses (No. III, below), another suggested replacement that was not used (No. IV, below), and Art. 22 in the final treaty (No. VIII, below).
{ 330 }
The Dutch objections to the two articles and their initial request that they be removed altogether have substance. This is because neither JA’s draft nor the changes suggested by the Dutch contained anything that would have put the Dutch-American Treaty in any obvious conflict with the 1778 Franco-American treaties of amity and commerce or alliance. And if a conflict did develop, the law of nations required that the earlier treaty take precedence over the later one. Article 22 is identical to Art. 21 of Congress’ Treaty Plan of 1780 except that where Congress referred to “a treaty,” JA identified the two treaties specifically (vol. 10:457). But Art. 23 was wholly JA’s work, for it does not appear in the treaty plan, and in drafting it, he went beyond the terms of Congress’ treaty plan and his instructions. Neither mentioned Spain or its right to accede to the treaty of alliance under the terms of Art. 10 of that treaty or, more specifically, to both treaties according to the “Acte Séparé et Secret” that had also been signed on 6 Feb. 1778 (Miller, Treaties, 2:39, 45–47). In fact, Art. 23 was likely the product of JA’s 16 Aug. 1781 commission and instructions, which he had not disclosed to the Dutch, to conclude a tripartite alliance between the United States, France, and the Netherlands or a quadruple alliance should Spain wish to join under the terms of the Franco-American Treaty (vol. 11:453–456). Indeed, unless the Dutch were aware of the secret provision, Art. 23 must have seemed a very odd article to include in a treaty with the Netherlands because the Franco-American commercial treaty made no mention of any Spanish right of accession.
42. The articles are numbered according to their order in the ratified treaty, following the deletion of the original Arts. 11 and 12. For the clarification of which articles were being referred to, see Art. 22 of the final version of the treaty (No. VIII, below).
43. This article corresponds to Art. 10 of the Lee-Neufville Treaty (Wharton, Dipl. Corr. Amer. Rev., 2:791) and Art. 23 of the final treaty (No. VIII, below). For the revised article as it appeared in the final treaty, see No. V, below.
44. As drafted, this article corresponds to Art. 29 of the Lee-Neufville Treaty (Wharton, Dipl. Corr. Amer. Rev., 2:796–797) and appears, much altered, as Art. 24 of the final treaty (No. VIII, below). The changes that JA accepted to the article enumerating contraband represent a significant departure from his instructions from Congress for negotiating a Dutch-American treaty and also from the Lee-Neufville Treaty and the 1778 Franco-American Treaty of Amity and Commerce (vol. 10:448; Miller, Treaties, 2:21–23). Instead of a long catalog of items that were not to be considered contraband, the Dutch proposed that any merchandise not specifically designated as contraband be considered free. This was in line with Russia’s 19 May 1780 ordinance concerning commerce and navigation that formed the basis for the Armed Neutrality of which the Netherlands was a member. It should also be noted that the proposal was less detailed, and thus less restrictive, than the provisions of the 26 Jan. 1781 Dutch ordinance concerning commerce and navigation (Scott, Armed Neutralities of 1780 and 1800, p. 291, 359).
45. This insertion is an accurate rendering of Amsterdam’s 9 Aug. proposal and was incorporated into the article as it appears in the final treaty.
46. This article corresponds to Art. 30 of the Lee-Neufville Treaty (Wharton, Dipl. Corr. Amer. Rev., 2:797) and Art. 25 of the final treaty (No. VIII, below). The article as it finally appeared was much longer because of the inclusion of the Dutch proposals, but see notes 47 and 48.
47. This change is derived from Amsterdam’s 9 Aug. proposals and appears in the final treaty.
48. This statement reflects the sense of Amsterdam’s 9 Aug. recommendation regarding Art. 26.
49. This article corresponds to Art. 31 of the Lee-Neufville Treaty (Wharton, Dipl. Corr. Amer. Rev., 2:797) and, as the Dutch proposed, was omitted from the final treaty.
50. This article corresponds to Art. 32 of the Lee-Neufville Treaty (same, 2:797–798) and Art. 26 of the final treaty (No. VIII, below).
51. JA’s source for this article is unknown. The removal of the objection was owing to Amsterdam’s 9 Aug. recommendations and resulted in its inclusion in the final treaty as Art. 27. There it incorporated the proposed addition, which is, with minor changes, an accurate rendering of Amsterdam’s 9 Aug. recommendation (No. VIII, below).
52. At this point in the final treaty the word “niet” (not) was inserted (No. VIII, below).
53. JA apparently intended that the text of Art. 30 would be determined during the { 331 } negotiations and did not draft a formal article, but see No. III, and note 6, below. The removal of the objection to the article stemmed from Amsterdam’s 9 Aug. proposals, and the proposed text, which follows Amsterdam’s suggestion, appears Art. 28 in the final treaty (No. VIII, below).
54. The forms for the passport and certificate, with some minor changes, are taken from the Lee-Neufville Treaty (Adams Papers). The italics seem to indicate that the Dutch wished them deleted and replaced by the form for a sea letter, but in the final version of the treaty the passport and certificate were retained and the sea letter was added (No. VIII, below).

Editorial Note

John Adams wrote two point-by-point responses to the Dutch proposals for changes to his draft treaty of amity and commerce. The first appears in the left column below and probably was done sometime between 21 May and mid-June. On 21 May the States General printed a document for the consideration of the provinces and other interested parties containing a Dutch translation of Adams’ draft in the left column and the “Remarques en nadere Propositie” (Remarks and Further Proposals) in the right column (see descriptive note, No. II, above). John Adams noted this publication in his letter of 9 June to Robert R. Livingston and on 15 June informed Livingston that he was discussing the Dutch proposals (both above).
The second response appears in the right column below and was done after negotiations formally opened on 22 August. At that time the Dutch negotiators presented Adams with a document identical to the 21 May publication noted above, except that it contained additional handwritten proposals and some deletions, stemming from recommendations and proposals adopted by Amsterdam on 9 August (Adams Papers). In his new response, which he presented to the Dutch on 27 August, Adams revised some of his earlier comments and also responded directly to the new proposals.
For the nature of the two documents presented here, see the descriptive notes below, and for the draft treaty accompanied by the “Remarques en nadere Propositie,” see No. II, and its descriptive note, above.

Docno: ADMS-06-13-02-0162-0005

Author: Adams, John
Recipient: Netherlands, States General of
DateRange: 1782-05-21 - 1782-08-22

John Adams' First Reply to the Dutch Remarks on and Suggested Changes to His Draft Treaty of Amity and Commerce

1. is a just Amendment. and it is readily agreed to Substitute { 332 } the Words “dervereenigde Nederlanden” in the Place of the Words “Van de zeven vereenigde Nederlandsche Provincien.” And in English “of the United Netherlands” instead of “of the Seven United Provinces of the Low Countries.”2
2. The only legal Style and Title is “The United States of America.” As appears by the Declaration of Independence 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 assumed 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 Govern• { 333 } ment instituted, by that People, they have preserved only the Name of “Delaware.”
1 Agreed, as a judicious and necessary Amendment.3
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 Meaning is the Same the Words onderdaanen en Ingezeetenen “Subjects and Inhabitants,” are readily, agreed to.
5. a grammatical Correction, as it is Supposed, of the Translation.
6. Dto.
7. Dto.
8. Agreed to add the Word “Verder” farther.
9. Agreed to the Word “Fundeeren” or “Gronden,” as their High Mightinesses shall juge most proper.
10. a grammatical Correction.
11. Dto.
12. Agreed. as their High Mightinesses, judge most proper.
13. The Word “Noort,” is improper.
13. Dto.
{ 334 }
14. Agreed, as their High Mightinesses, judge most proper.
Article 1.
1. Agreed,4 without demanding upon the Principle of Reciprocity that the Word “Heeren” be placed before the “Staten Van America,” as the Americans do not wish ever to see the Words Heeren, Seigneurs, Nobles, or Lords, ever Admitted into any of their Style or Titles.
2. Agreed.
3. The Word North, is a Redundance, not admissable.
4. Agreed.
5. Agreed.
6. Agreed.
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.
Articles 2. & 3.
1. agreed.
2. not admitted. Van Europa
3. agreed
4. the Same thing
5. Ingelyks zullen
6. agreed
7. agreed
8. agreed
9. not admitted.
10. agreed
{ 335 }
11. the Same thing
12. not admitted.
13. agreed, though, unnecessary.
Article. 4.
Liberty of Conscience, is So Sacred, and prescious a Thing that it is much to be wished, that an Article in favour of it could be inserted, in all Treaties. Such an Article could not be expected in the Treaty with France, at the Time when it was made.
1. en Ingezeetenen. Agreed
2. It is Submitted, whether it is not better to omit the Article than, insert this alteration.
3. agreed
4. agreed.
Article 5.
1. Agreed, to all this Amendment, except the Word “Noord”
2. agreed
{ 336 }
3. agreed.
4. agreed.
5. agreed
6 agreed
7 agreed
8 agreed
9 agreed.
Article 6. may be omitted.
Article 7.
Agreed to Substitute, the Article as quoted from a Treaty with Naples, in Place of that proposed by Mr Adams.
Article 8.
Agreed to omitt the Words, underscored.
Article 9.
1. agreed to the Word “publicq.”
2. agreed to the Words “en Arresten.”
3. agreed to the Word “Zullen.”
Article 10.
1. agreed.
The other Passage, 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. The Words proposed to be added, not agreed to
{ 337 }
3. This proposed alteration not agreed to.
4. agreed
5. agreed
Article 11.
1
2 agreed.
3
{ 338 }
Article 12.
1. agreed.
2. agreed.
3. agreed.
4.
5 agreed
6. agreed to Substitute the Art 26 of the Treaty with France of 11 April 1713 in place of the Paragraph italicised
Article 13.
1. agreed.
2. agreed.
3. agreed.
Article 14.
1. agreed.
2. improper.
3. agreed
4. agreed.
5. agreed.
Agreed also to admit the Article projected and numbered 14. beginning Tot meerder &c.
Article 15.
1. agreed, tho perhaps not an Amelioration for either nation.
2. This is a Matter of great Consideration, and perhaps mutual Utility: but as I have no particular Instructions, upon this { 339 } Head, I should choose to leave it, to the Choice of Congress, to ratify this Article with the rest or, to ratify the rest without it. I must also examine, more attentively than I have hitherto done, the Convention of 1. May. 1781.
Article. 16.
1. Agreed
2. Agreed.
Article 17 no Objection or Remark.
Article 18.
1. Agreed, to adopt the Substitute, excepting the Word “North” in the Title of the United States.
Article 19.
1. Agreed.
{ 340 }
2. improper.
3. agreed.
4 improper
5. Agreed
6. improper.
7. Agreed. The High Mightinesses are Supream and infallible Judges of their own Title. So are the United States of theirs.
8. agreed.
9. agreed. a grammatical Correction
10. Dto.
Article 20.
1. Agreed.
Article 21. No Objection or Observation.
Article 22.
This Article is not <perhaps> necessary, to be Sure, in order to render the Treaty with France obligatory in Preference to this. Yet it can do no harm, and may Serve to shew the good Faith of the United States, as well as Serve for an Explanation of the following Article, which is indispensible, besides, without this Article it will be neces• { 341 } sary, to make Several alterations in other Articles in order to conform them to the Treaty with France.
Article 23.
The Grounds and Motives of this Insertion are not necessary to be enlarged on, and perhaps another Article to the Same Effect, might be prepared, with better Expression, but the Substance of it, cannot be omitted, whatever might be, the Inclination of the “Redacteur.”
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 begun.
Article 25. Contrabande.
1. agreed.
2. agreed.
3. agreed
4. agreed
5. agreed
{ 342 }
6. agreed
7. agreed
8. agreed.
9. agreed
10. agreed
11. agreed.
Article 26.
1. agreed.
2 agreed.
3. agreed
4. agreed
5. agreed
6. agreed.
Article 27. may be omitted.
Article 28.
1. agreed.
Article 29.
This Article appears to be founded in Such Principles of Equity Humanity and Patriotism, that it Should seem impossible to refuse it. As the Right of recruiting, is here confined to American Seamen &c in Holland, and to Dutch Seamen &c in America. it would be hard indeed, upon a Dutch Master of a Vessell, if he could not receive on board his Vessell his Country men, who wished to go home with him. and so Vice versâ.
{ 343 }
Article 30.6
The American Merchants and Masters of Vessells, have often complained to me of Injuries they have Suffered, in the Weigh House at Amsterdam &c by a discretionary Power that is exercised by Some officer, of deducting a Proportion, for Supposed Damaged Tobacco. &c and have requested me to insert an Article for a Remedy, in the Treaty. They complain of great Abuses and Injustice, in this matter. It is Submitted to Consideration whether it is not mutually beneficial to have Something done. The more facilities the Americans find in the Ports of the Republick, the more of American Commerce will come here.
MS (Adams Papers); endorsed: “Mr Adamss Reply to the Remarks of the Admiralty.”; notation by CFA on a cover sheet: “First Draught of reply. J.A.” This manuscript is composed of a cover sheet and seventeen sheets folded in half. On the first page of each folded sheet is a portion of JA’s reply; on the fourth page is C. W. F. Dumas’ French translation of JA’s remarks. Filmed at [post 21 May 1782], Adams Papers, Microfilms, Reel No. 357. This document was likely done soon after the Dutch text of the draft accompanied by the “Remarques en nadere Propositie” was published on 21 May because it is a point-by-point response to that document.
1. Both of JA’s replies refer to the articles as he originally numbered them in his draft, rather than as revised by the Dutch when they considered it and proposed changes. In addition to keying his replies to the specific articles and to the numbered proposals, JA indicated the pages on which they appeared in the printed Dutch text of the draft. Since the page references are irrelevant to the documents as printed here, they have been omitted.
2. JA’s response to the Dutch objection to his formula for referring to the Netherlands { 344 } in the treaty is almost the only instance in which the exact language that he used in the draft can be verified and is a clear indication that at some point he possessed an English copy of the draft.
3. The preceding four proposals concerned the formulas to be used when referring to the parties to the treaty. This item and the following fourteen items—the number 13 appears twice—apply to the preamble.
4. Presumably JA deleted this comment from his second response because it was gratuitous; the Dutch had not suggested that “Heeren” or “Lords” be placed before the United States of America.
5. C. W. F. Dumas’ French translation of the 3 Nov. 1756 placaart, or placard, is in the Adams Papers and was done, according to a note on the document, at JA’s behest on 20 Aug. (filmed at [post 21 May], Adams Papers, Microfilms, Reel No. 357). There is no indication that JA sent Congress a copy of the placard, but one is in the (PCC, probably sent by C. W. F. Dumas in 1779 during the controversy over the admission of John Paul Jones’ squadron into Dutch waters (PCC, No. 93, I, f. 324–327). That copy is endorsed: “On the terms of this Ordinance the American Squadron has been admitted.” For an English translation of the placard, see Wharton, Dipl. Corr. Amer. Rev., 3:368–369.
6. Compare JA’s explanation for wanting an article dealing with the issue of refraction with Francis Dana’s comments in his letter of 22 Oct. 1781 (vol. 12:36–37) and those of Nicolaas & Jacob van Staphorst in their letter of 13 Aug., above. His approval of the amended article probably says more about the impossibility of reforming an entrenched practice than anything else, for the article provided no substantive relief for the issues JA raised.

Docno: ADMS-06-13-02-0162-0006

Author: Adams, John
Recipient: Netherlands, States General of
DateRange: 1782-08-22 - 1782-08-27

John Adams' Second Reply to the Dutch Remarks on and Suggested Changes to His Draft Treat of Amity and Commerce

Mr Adams's Reply to the "Remarques en nadere Propositie."

(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 Low Countries.”
(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 to.
(5) A grammatical Correction, as it is Supposed, of the Translation.
(6) Another.
(7) Another.
(8) Agreed to add the Word “Verder” “Farther.”
(9) Agreed to the Word “Fundeeren” or “Gronden” as their High Mightinesses Shall judge most proper.
(10) A grammatical Correction.
(11) Another.
(12) Agreed. As their High Mightinesses, judge most proper.
(13) The Word “Noort,” is superfluous and improper.
(13) Dto.
(14) Agreed, as their High Mightinesses, judge most proper.
Art. 1.
(1) Agreed.
(2) Agreed.
(3) The Word “Noord” is a Redundance, and inadmissable.
(4) Agreed
(5) Agreed
(6) Agreed.
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.
(1) Agreed
(2) aldaar. Agreed
(3) Agreed.
(4) The Same Thing.
(5) Ingezeetenen. Agreed
(6) Agreed.
(7) Agreed
(8) Aldaar. Agreed.
(9) 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.”
Art. 4.
(1.) En Ingezeetenen. Agreed.
(2) Agreed.
(3) Agreed.
(4) 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.
Art. 5.
(1) Agreed to all this Amendment, except the Word “Noord”
(2). Wederzydsche. Agreed.
(3) Agreed.
(4.) Agreed.
(5.) Agreed.
6. Agreed
7 Agreed
8. Agreed
9. Agreed.
Art. 6. may be omitted—the Article 5. being conceived and agreed to reciprocally.
Art. 7.
Agreed to Substitute the Article as quoted from a Treaty with Naples, in Place of Art. 6. in the Project.
Art 8.
Agreed to omit the Words underscored
Art. 9.
Agreed. 1. to the Word “publicq.”
2. Agreed to the Words “En Arresten.”
3. Agreed to the Word “Zullen.”
Art. 10.
(1.) Agreed.
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.”
(4) Agreed.
(5) Agreed.
Article 11.
(1) Agreed.
(2.) Agreed.
(3) Agreed.
Art. 12
(1) Agreed.
(2) Generaal der Vereenigde Nederlanden. Agreed.
(3.) of aan Onderdaanen. Agreed.
(4) Agreed.
(5) Agreed.
(6) Agreed to Substitute the Art. 26 of the Treaty with France of 11 April 1713 in Place of the Paragraph italicised.
Article 13.
(1) Agreed
(2) Agreed.
(3) Agreed.
Article 14.
(1) Generaal der vereenigde Nederlanden. Agreed.
(2) Noord. improper and inadmissable.
(3) Officieren. Agreed.
(4.) 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 Commissien.”
Article 15.
(1) Agreed
(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.
Article 16.
(1) Zee. Agreed.
(2) Agreed. excepting the Words “Zonderform van Proces.”
Article 17. No Objection or Remark.
Article 18.
(1) Agreed, to adopt the Substitute, excepting the Word “North” in the Title of the united States.
Article 19.
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.
Article 20.
(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 begun.
Article 25. Contrabande
(1) Agreed.
(2.) Agreed.
(3) Agreed.
(4) Agreed.
(5) Agreed.
(6) Agreed
(7) Agreed to the Substitute for that which is effaced.
(9) van en. Agreed.
(10) waar voor &c. Agreed
Article 26.
(1) Ingezeetenen. Agreed.
(2) Agreed.
3. Wesen. Agreed.
4. Agreed.
5. Bescheiden. Agreed.
6. Agreed.
7. Agreed.
Article 27. This article may be omitted.
Article 28.
1. Zeebrief en verdere Beschieden. Agreed.
Article 29.
Agreed to insert the whole of this Article 29 with the Addition proposed beginning “Net dien verstande” and ending “behandeld en gestrast.”
Article 30.
This Article as amended, is agreed.
MS (Adams Papers); endorsed: “Reply to the Remarques en nadere Propositie.” MS, French translation of the English text with portions by JA and C. W. F. Dumas (Adams Papers); endorsed: “Replique aux Remarques en nadere Propositie.” Both filmed at [post 21 May 1782], Adams Papers, Microfilms, Reel No. 357. These documents were done after 22 Aug., the day on which the Dutch formally presented the Dutch text of the draft with the “Remarques en nadere Propositie” as amended and expanded by Amsterdam’s recommendations of 9 Aug., above.

Docno: ADMS-06-13-02-0162-0007

Author: Adams, John
Recipient: Netherlands, States General of
Date: 1782-08-22

IV. Proposed Article in Place of Articles 22 and 23

A Substitute for Articles 22 and 23.

It is agreed between the two contracting Parties that no Clause, Article, matter or Thing, herein contained Shall be taken or understood, contrary or derogatory to the Ninth, Tenth, Seventeenth and twenty Second Articles of the Treaty of Commerce between the United States and the Crown of France, or to prevent the Said United States from Admitting his Catholick Majesty the King of Spain to acceed to the said Treaty in whole or in Part and enjoy the full Benefit of the Said Ninth Tenth, seventeenth and twenty Second Articles.
MS (Adams Papers); endorsed: “Substitute in French.” The English text in JA’s hand is preceded by a French translation by C. W. F. Dumas. Filmed at [22–29 Aug.], Adams Papers, Microfilms, Reel No. 357.
1. The absence of any Dutch text accompanying this proposal suggests that JA drafted it, but there is no solid evidence of when he might have done so. One possibility is that he acted after reading Adriaan Van Zeebergh’s 25 July observations on Arts. 22 and 23 (above), but before he learned of the new article proposed by Amsterdam on 9 Aug. (No. II, at note 41, above). Since Amsterdam’s suggestion, which was included in the Dutch proposals for changes presented to JA on 22 Aug., is closer to the text of the article in the final treaty (No. VIII, below) than is JA’s “Substitute,” it would seem to follow that JA drafted it before seeing Amsterdam’s proposal.

Docno: ADMS-06-13-02-0162-0008-0001

Author: Netherlands, States General of
Recipient: Adams, John
DateRange: 1782-08-22 - 1782-08-29

V. Proposed Amendment to Article 24

Het 24e: Artikel zoude in deezer voege veranderd konnen worden.
By aldien de Vereenigde Staaten van America t’eeniger tyd nodig mogten vinden, om by den Koning of Keizer van Marocco of Fez, mitsgaders by de Regeeringen van Algiers,1 Tunis of Tripoli, of by eenige van dezelve, Negotiatien te entameeren tot het verkrygen van Paspoorten ter beveiliging van hunne Navigatie op de Middelandsche Zee, zoo belooven Haar Hoog Mog., op het aanzoek van Hoogstgedagte Vereenigde Staaten, die Negotiatien door middel van hunne by den voorsz Koning of Keizer en Regeeringen resideerende Consuls op de favorabelste wyse te zullen Secondeeren.

Docno: ADMS-06-13-02-0162-0008-0002

Author: Netherlands, States General of
Recipient: Adams, John
DateRange: 1782-08-22 - 1782-08-29

V. Proposed Amendment to Article 24: A Translation

Article 24 would be changed in the following manner.
If at any time the United States of America shall judge necessary to commence negotiations with the King or Emperor of Morocco and Fez and with the Regencies of Algiers,1 Tunis, or Tripoli or with any of them to obtain passports for the security of their navigation in the Mediterranean Sea, their High Mightinesses promise that upon the requisition which the United States of America shall make of it, they will second such negotiations in the most favorable manner, by means of their consuls residing near the said King, Emperor, and Regencies.
Consenti avec l’Addition D’Algiers.2
MS (Adams Papers); endorsed: “Article 24. Puissances barbaresques.” The Dutch text is followed by a French translation by C. W. F. Dumas. Filmed at [22-29 Aug.], Adams Papers, Microfilms, Reel No. 357.
1. This word was written in the left margin.
2. This passage, “agreed with the addition of Algiers,” is in JA’s hand. The article was included verbatim as Art. 23 in the final version of the treaty (No. VIII, below).

Docno: ADMS-06-13-02-0162-0009-0001

Author: Netherlands, States General of
Recipient: Adams, John
Date: 1782-08-29

VI. Amendment to Article 4

De byvoeging in het Slot van Artikel 4 zoude in diervoegen gesteld konnen worden.
En zullen de beide contracteeren de Mogenheeden iederonder hun gebied de nodige voorziening doen, ten einde de respective Onderdaanen en Ingezeetenen van behoorlyke bewysen van Sterfge• { 346 } vallen, waar by dezelve zyn geinteresseerd, voortaan zullen konnen werden gedient.

Docno: ADMS-06-13-02-0162-0009-0002

Author: Netherlands, States General of
Recipient: Adams, John
Date: 1782-08-29

VI. Amendment to Article 4: A Translation

The addition at the end of Article 4 should be done in the following manner.
And the two contracting parties shall provide, each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.
Consenti.1
MS (Adams Papers); endorsed: “Amendment of the 4. Article proposed to me, by the grand Pensionary Bleiswick 29. Aug. 1782 & agreed to the Same day.” Beside the Dutch text is a French translation by C. W. F. Dumas. Filmed at [22–29 Aug.], Adams Papers, Microfilms, Reel No. 357.
1. This word is in JA’s hand, and the amendment was incorporated verbatim into Art. 4 of the final version of the treaty (No. VIII, below).

Docno: ADMS-06-13-02-0162-0010-0001

Author: Netherlands, States General of
Recipient: Adams, John
Date: 1782-08-29

VII. Proposed Amendment to Article 9

Het 9e: Artikel zoude tot wegneeming van alle difficulteiten op deeze wy se verandert konnen werden.
Voorts is overeengekomen en beslooten, dat het volkomen vry zal staan aan alle kooplieden, bevelhebbers van Scheepen en andere Onderdaanen of Ingezeetenen der beide contracteerende Mogendheeden in alle plaatsen, respectivelyk gehoorende onder het gebied en de jurisdictie der welderzyd se Mogendheeden, hunne eige zaaken zelfs te verrigten; zullende dezelve wyders omtrend het gebruik van Tolken of Makelaars, mitsgaders met opzigt tot het laden of ontladen hunner Scheepen, en al het geen daar toe betrekkelyk is, over en weeder op den voet van eyge Onderdaanen en in gelykheid met1 de meest gefavoriseerde Natie geconsidereerd en gehandelt werden.

Docno: ADMS-06-13-02-0162-0010-0002

Author: Netherlands, States General of
Recipient: Adams, John
Date: 1782-08-29

VII. Proposed Amendment to Article 9: A Translation

Article 9, in order to remove all difficulty, should be changed in the following manner.
It is further agreed and concluded that it shall be wholly free for all merchants, commanders of ships, and other subjects and inhabitants of the contracting parties in every place, subjected to the jurisdiction of the two powers respectively, to manage themselves, their own business. And moreover, as to { 347 } | view { 348 } the use of interpreters or brokers, as also in relation to the loading or unloading of their vessels and everything which has relation thereto, they shall be, on one side and on the other, considered and treated upon the footing of natural subjects, or at least1 upon an equality with the most favored nation.
Agreed with this Amendment. to wit—insert the Words “ou au moins” in Place of the Word “et” between “Pays” and “en” in the French Translation.2
Consenti, avec cette Correction viz. inserer les Mots “Ou, au moins” a la place de “et” entre “Pays” et “en,” in la Traduction françoise.
MS (Adams Papers); endorsed: “Amendment of the 9th Article, proposed to me by the Pensionary Bleiswick 29 Aug. 1782 & agreed to the Same day.” Beside the Dutch text is a French translation by C. W. F. Dumas. Filmed at [22–29 Aug.], Adams Papers, Microfilms, Reel No. 357.
1. The preceding three words were inserted at JA’s request; see note 2.
2. This paragraph and the French translation that follows are in JA’s hand. The article, with JA’s addition, was included verbatim in Art. 9 of the final version of the treaty (No. VIII, below).

Docno: ADMS-06-13-02-0162-0011-0001

Author: Netherlands, States General of
Date: 1782-09-06

VIII. Final Text of the Dutch-American Treaty of Amity and Commerce

Tractaat van Vriendschap en Commercie, tusschen haar Hoog Mogende, de Staten Generaal der Vereenigde Nederlanden, en de Vereenigde Staaten van America, te weeten New-Hampshire, Massachusetts, Rhode Island2 en Providence Plantations, Connecticutt, New-York, New-Jerseÿ, Pensÿlvania, Delaware, Maryland, Virginia, Noord-Carolina, Zuid-Carolina en Georgia.
Haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, en de Vereenigde