A website from the Massachusetts Historical Society; founded 1791.
close

Browsing: Papers of John Adams, Volume 13


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 Staten van America, te weeten New-Hampshire, Massachusetts, Rhode Island en Provi• { 349 } dence Plantations, Connecticutt, New-York, New-Jerseÿ, Pensylvanien, Delaware, Marÿland, Virginien, Noord-Carolina, Zuid-Carolina en Georgien, geneegen zynde, op een bestendige en billÿke wyze te bepalen de regelen, die in acht genomen moeten worden, ten opzigte van de Correspondentie en Commercie welke zy verlangen vast te stellen tusschen haare respective Landen, Staaten, Onderdanen en Ingezeetenen, hebben geoordeelt, dat het gezegde einde niet beeter kan worden bereikt, dan door te stellen tot een bazis van haar Verdrag, de volmaakste egaliteit en reciprociteit, en met vermÿding van alle die lastige praeferentien, dewelke doorgaens de bronäders zÿn van twist, verwarring en misnoegen; door aan iedere Party de vryheid te laten, om wegens de Commercie en Navigatie verder zulke Reglementen te maken, als die voor zig zelven het gevoeglykst zal oordeelen; en door de voordeelen van Commercie eeniglyk te gronden op wederzÿts nut, en de juiste regels van vrye handel over en weer; reserveerende by dat alles aan iedere Parthÿ de Vrÿheid, om, na deszelfs goedvinden, andere Natien te admitteeren tot het participeeren aan dezelsde voordeelen.
{ 350 }
Op deeze grondbeginzelen, hebben voorgemelde haar hoog mogende de Staaten Generaal der Vereenigde Nederlanden, benoemd de Heeren . . .
. . .
uit het midden der Vergadering van Hun Hoog Mogende Gedeputeert.3
En de gemelde vereenigde Staaten van America, van hunne zÿde met Volmagt voorsien, den Heer John Adams, laatst Commissaris van de Vereenigde Staaten van America aan het Hof van Versailles, geweezen Atgevaardigde op het Congres weegens de Staaten van Massachusetts Baaÿ, en Opper-Regter van den gemelden Staat, dewelke zÿn overeengekomen, en geaccordeert.
Art 1.
Daar zal een vaste, onverbreekelyke, en Universeele Vreede, en opregte Vriendschap zÿn, tusschen Haar Hoog Mogende de Heeren Staten Generaal der Vereenigde Nederlanden, en de Vereenigde Staten van America, en de Onderdanen en Ingezeetenen van de voornoemde Parthÿen, en tusschen de Landen, Eilanden, Steeden en Plaatzen, geleegen onder de Jurisdictie van de gemelde Vereenigde Nederlanden, en de gemelde Vereenigde Staaten van America, en derselver Onderdanen en Ingezeetenen, van al• { 351 } lerleÿ Staat, zonder onderscheid van Persoonen en plaatzen.
2.
De Onderdanen van de gemelde Staaten Generaal der Vereenigde Nederlanden, zullen in de Havens, Rheeden, Landen, Eilanden, Steeden of plaatzen van de Vereenigde Staaten van America, of eenige van dezelve, geen andere of grootere Regten of Impositien, van wat natuur die ook mogen zÿn, of hoedanig dezelve ook genoemt mogen werden, betaalen, dan die welke de meest gefavoriseerde Natien zÿn, of zullen worden verpligt aldaar te betaalen. En zÿ zullen genieten alle de Regten, Vryheeden, Privilegien, Immuniteiten en Exemptien in Handel, Navigatie, en Commercie, het zÿ in het gaan van eene Haven in de gemelde Staaten na eene andere, of gaande na en van dezelve, van en na eenige vreemde Haven van de Weereld,4 welke de gemelde Natien reeds genieten of zullen genieten.
3.
Insgelyks zullen de Onderdanen en Ingezeetenen van de gemelde Vereenigde Staaten van America, in de Havens, Rheeden, Landen, Eilanden, Steeden of plaatsen van de gemelde Vereenigde Nederlanden, of eenige van dezelve, geen andere, of { 352 } grootere Regten of Impositien, van wat natuur die ook mogen zÿn, of hoedanig deselve ook genvemt mogen worden, betaalen, dan die, welke de meest gefavoriseerde Natien, zÿn, of zullen worden verpligt aldaar te betalen. En zÿ zullen genieten alle de Regten, Vryheeden, Privilegien, Immuniteiten en Exemptien in Handel, Navigatie en Commercie, het zÿ in het gaan van eene haven in de gemelde Staaten na een andere, of gaende na en van dezelve, van en na eenige vreemde Haven van de Weereld, welke de meest gefavoriseerde Natien reeds genieten of zullen genieten. En zullen de Vereenigde Staten van America, benevens haare Onderdanen, en Ingezeetenen aan die van Haar Hoog Mogende laten het gerust genot van haare regten, omtrent de Landen, Eilanden en Zeeën in Oost, en West Indien, sonder haar daar in eenig belet, of hindernis te doen.
4.
En zal eene volle, volkomene en geheele vrÿheid van Conscientie worden toegestaen aan de Onderdanen en Ingezeetenen van iedere Parthÿ, en aan der zelver Familien, en zal niemand ter zake van den Godtsdienst, worden gemolesteert, mits hem omtrent publique demonstratie onderwerpende aan de Wetten { 353 } van het Land. Daar en boven zal vryheid worden gegeeven aan de Onderdanen en Ingezeetenen van iedere Parthÿe, die in des anderen’s Territoir overlyden, om begraven te worden in de gewoone begraasplaetzen, of gevoeglyke en decente plaatsen, daar toe te bepaalen, zoo als de geleegendheid zal vereisschen; nogte zullen de doode Lighaamen van die geene die begraven zÿn, eenigzints werden gemolesteert. En zullen de beide Contracteerende Mogendheeden, ieder onder hun gebied, de nodige voorsieninge doen, ten einde de respective Onderdanen en Ingezeetenen van behoorlyke bewÿzen van Stersgevallen, waar bÿ dezelve zÿn geinteresseert, voortaan zullen kunnen worden gedient.
5
Haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, en de Vereenigde Staaten van America, zullen tragten, zoo veel eenigzints in haar vermogen is, te beschermen en defendeeren alle Scheepen en andere Effecten, toebehorende aan wederzÿdsche Onderdanen en Ingezeetenen, of eenige van dezelve, zÿnde in haare Havens of Rheën, binnenlandsche Zeeën, Stroomen, Rivieren, en zoo verre haare Jurisdictie Zeewaards strekt, en wederom te bekomen en te { 354 } doen restitueeren aan de regte Eigenaars, hunne Agenten of Gevolmagtigden, alle zodanige Scheepen en Effecten, die onder haare Jurisdictie zullen genomen worden: en haare convoÿeerende Oorlog Scheepen zullen, voor zoo verre zÿ eenen gemeenen Vÿand mogen hebben, onder haare protectie neemen alle Scheepen, toebehoorende aan elkanders Onderdanen en Ingezeetenen, dewelke geene Contrabande goederen, volgens de beschrÿving hier na daar van te doen, zullen hebben ingeladen naar plaetsen, waar meede de eene partÿ in Vreede, en de andere in Oorlog is, en na geen geblocqueerde plaats gedestineert zÿn, en zullen houden dezelve Cours, of gaan dezelve weg, en zullen zodanige Scheepen defendeeren, zoo lang als zÿ dezelve Cours houden, of dezelve weg gaan, teegens alle aanvallen, magt en geweld van den gemeene Vÿand, op dezelve wÿs als zÿ zouden moeten beschermen en defendeeren de Scheepen toebehoorende aan weedersÿds eigen Onderdanen.
6.
De Onderdanen der Contracteerende Parthÿen zullen over en weeder, in weedersÿdsche landen en Staten, van hunne goederen by Testamenten, Do• { 355 } natien, of andersints, mogen disponeeren; en hunne Ersgenamen, zÿnde Onderdanen van een der Parthÿen, in de Landen van de andere, of wel elders woonagtig, zullen dezelve Nalatenschappen ontfangen, selfs ab intestato, het zÿ in persoon, het zÿ by hun Procureur, of gemagtigde, schoon zÿ geen brieven van Naturalisatie zouden mogen hebben geobtineert, sonder dat het effect van die Commissie hun zal kunnen worden betwist, onder praetext van eenige regten, of voorregten van Provincien, Steeden, of particulieren Persoon: en soo de Ersgenamen, aan welke de Erstenissen mogten vervallen zÿn, minderjarig waren, zullen de Voogden of Curateurs by den Domiciliairen Regter der genoemde Minderjarigen aangestelt, kunnen regeeren, bestieren, administreeren, verkoopen en veralieneeren de goederen, welke de gemelde Minderjarigen bÿ ersenissen zullen zÿn te beurt gevallen; en generalyk met opsigt tot de voorsez: successien en goederen waarneemen alle regten, 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, Codicille, of ander wettig Instrument, geen { 356 } Voogden, of Curateurs zal hebben genomineert.
7.
Het zal wettig en vrÿ zÿn aan de Onderdanen van iedere Parthÿe, zodanige, Advocaten, Procureurs, Notarissen, Solliciteurs of Factoors te emploÿeeren, als zÿ zullen goedvinden.
8.
Kooplieden, Schippers, Eigenaars, Bootsgezellen, Lieden van alderhande Soort, Scheepen en Vaartuigen, en alle Koopmanschappen en Goederen in t’Generaal, en Effecten van ieder der Bondgenooten, of van derselver Onderdanen, zullen niet mogen worden in beslag genoomen of aangehouden in eenige der Landen, Gronden, Eilanden, Steeden, Plaatsen, havens, Stranden of Dominien, hoe genaamt, van den anderen Bondgenoot, tot publicq gebruik, Oorlogs Expeditien, of bÿsonder7 gebruik van iemand, door arrest, geweld, of eenigsints daar na gelÿkende.
Noch te meer zal het onwettig zÿn voor8 de Onderdanen van iedere Parthÿ iets te neemen, of door geweld te ontvreemden, van de Onderdanen van de andere Parthy, zonder bewilliging van den Persoon die het toebehoord: het geen egter niet te verstaen is van die aanhalingen detentien en arresten, { 357 } welke zullen worden gedaen op bevel en authoriteit van de Justitie, en volgens de ordinaire weegen, ten opzigte van schulden of misdaden, waar omtrent de Procedures moeten geschieden by wege van Regten, ingevolge de form van Justitie.
9
Verders is overeengekomen en beslooten, dat het volkomen vrÿ zal staan aan alle Kooplieden, Bevelhebbers van Scheepen, en andere Onderdanen of Ingezeetenen der beide Contracteerende Mogendheeden in alle plaatsen, respectivelyk gehoorende onder het gebied en de Jurisdictie der Wederzydsche mogend heeden hunne eige Saaken, zelfs te verrigten; zullende dezelve wÿders omtrent het gebruik van Tolken, of Makelaars, mitsgaders met opsigt tot het laaden, of ontladen hunner Scheepen, en al het geen daar toe betrekkelÿk is, over en weeder, op den voet van eige Onderdanen, en ten minsten, in gelykheid met de meest gefavoriseerde Natie geconsidereert, en gehandelt te worden.
10.
De Koopvaardÿschepeen van een ieder der Parthÿen, komende, soo wel van een Vyandelyke, als eige of neutrale haven, zullen vrÿ mogen vaaren { 358 } naar een Haven van een der Vyanden van den anderen Bondgenoot, dog verpligt zÿn, soo dikwils het gevordert word, haare Zeebrieven, en verdere Bescheiden, in het 24ste.10 Artic: beschreeven, zoo wel op de open Zee, als in de Havens te exhibeeren, expresselyk aantonende, dat haare goederen niet zÿn van het getal dier geene, dewelke als Contrabande verbooden zÿn, en geene Contrabande geladen hebbende na een vÿandelÿke Haven,11 haare reize vryelyk, en onverhindert mogen vervolgen; dog zal geen visitatie van Papieren gevergt worden van Scheepen onder Convoÿ der Oorlogscheepen, maar geloof worden gegeeven aan het woord van den Officier, het Convoy leidende.
11.
Indien by het vertoonen der Zeebrieven, en andere bescheiden, by het 24e. Art: van dit Tractaat nader beschreeven, de andere Parthÿ ontdekt, dat er eenige van die soort van goederen zÿn, dewelke verbooden en Contrabande gedeclareert zÿn, en geconsigneert naar een Haven, onder de gehoorsaemheid van den Vÿand, zal het niet geoorloft zÿn de Luÿken van zodanig Schip op te breeken, of eenige Kist, Koffers, Pakken, Kassen of ander vaatwerk, daar in gevonden wordende, te ope• { 359 } nen, of het geringste gedeelte van haare goederen te verplaatsen, het zÿ sodanige Scheepen toebehooren aan de Onderdanen van haar Hoog Mogende de Staaten Generaal der Vereenigde Nederlanden, of aan Onderdanen, en Ingezeetenen van de gemelde Vereenigde Staaten van America, ten zÿ de Lading aan Land gebragt worde in presentie van de Officieren van het Admiraliteits hotf, en een Inventaris van deselve gemaekt, dog zal niet worden toegelaten om dezelve op eenigerhande wÿze te verkoopen, verruilen of veralieneeren, dan, na dat behoorlyke en wettige Procedures tegens zodanige Verbodene Contrabande Goederen zullen zÿn gehouden, en het Admiraliteits hof bÿ een gepronuntieerde Sententie dezelve zal hebben geconfisqueert, daar van altoos vry latende, zoo wel het Schip zelve, als eenige andere goederen daar in gevonden wordende, welke voor vry werden gehouden, nochte mogen dezelve worden opgehouden, onder voorgeeven dat die, als t’ ware, door de geprohibeerde Goederen zouden zÿn geinfecteert, veel min zullen dezelve als wettige Prÿs worden geconfisqueert: Maar in teegendeel, wanneer by de visitatie aan land word bevonden, dat er geen Contrabande Waaren in de Scheepen zÿn, en uit de pa• { 360 } pieren niet bleek, dat de neemer en opbrenger het daar uit niet had konnen ontdekken, zal deselve moeten worden gecondemneert, in alle de kosten en Schaden, die hÿ zoo aan de Eigenaren der Scheepen, als aan de Eigenaars, en Inlaaders der goederen, waar meede de Scheepen beladen sullen zÿn, door zÿne rukelvoze aanhouding, en opbrenging der Scheepen zal hebben veroorzaekt, met de interessen van dien; wordende wel expresselyk verklaert, dat een vrÿ Schip zal vrÿ maken de Waaren daar in gelaaden, en dat die Vryheid zig ook zal uÿtstrekken over de personen, die haar zullen bevinden in een vrÿ Schip, dewelke daar uit niet geligt zullen mogen worden, ten zÿ het waaren oorlogsluiden, in effectiven dienst van den Vÿand.
12.
In tegendeel is over eengekomen, dat al het geen bevonden zal worden geladen te zÿn door de Onderdanen en Ingezeetenen van een der beide Parthÿen, in eenig Schip de vyanden van den anderen, of aan deszelfs Onderdanen toebetworende, geheel, of schoon niet zÿnde van de soort van verbodene goederen, mag worden geconfisqueert, op dezelve wÿs als of het den Vÿand toequam, uitgezondert zodanige goederen en { 361 } Koopmanschappen, als aan Boord van zodanig Schip gedaen waren voor de Oorlogs-Declaratie, of binnen Ses maanden na dezelve, welke goederen in geenen deele confiscatie zullen onderheevig zÿn, maar wel en getrouwelÿk, zonder uitstel, aan de Eigenaers, die dezelve voor de confiscatie, en verkoop zullen te rug vragen of doen vragen, in natura zullen worden gerestitueert, gelÿk meede het provenu daar van, indien de reclame binnen agt Maenden12 na de Verkoping, dewelke publicq zal moeten worden gedaan, eerst konde geschieden, dog zoo, dat, indien de gemelde Koopmanschappen Contrabande zÿn, het geenzints geoorlost zal zÿn dezelve naderhand te vervoeren na eenige Havens, de vÿanden toe behoorende.
13.
En ten einde de best mogelÿke zorg mag worden gedragen voor de Securiteit van de Onderdanen, en het volk van een der beide Parthÿen, dat deselve geen overlast komen te lyden van wegens de Oorlog Scheepen of Kapers van de andere Parthÿ, zullen alle de Bevelhebbers van Oorlog Scheepen en gewapende Vaartuigen van de voorsiz: Staten Generaal der Vereenigde Nederlanden, en van de gemelde Vereenigde { 362 } Staten van America, mitsgaders alle derselver Officieren, Onderdanen en Volk, verbooden worden eenige beleediging of Schade, aan die van de andere zÿde, toe te brengen, en zoo zÿ dien contrarie handelen, zullen zÿ op de eerste klagten, daar over te doen, na behoorlyk ondersoek schuldig bevonden wordende, door haar eige Regters gestrast worden, en daar enboven verpligt worden satisfactie te geeven voor alle Schade, en den Interest daar van, door vergoeding, onder pœne en verbintenis van húnne personen en goederen.
14.
Tot meerder verklaring van het geen voorscz: is, zullen alle Kaper-Capiteinen, of Rheeders van Scheepen op particuliere bestelling en Commissie ten Oorlog uitgerust, voor dezelve gehouden zÿn, voor derselver vertrek, goede en suffiçante Cautie te stellen voor de Competente Regters, of in het geheel te verantwoorden de malversatien, die ze in haare Courssen, of op haare reisen zouden mogen begaan, en voor de Contraventien van haare Capiteinen en Officieren, teegen het teegenwoordig Tractaat en de Ordonnantien, en Edicten, die gepubliceert zullen worden, in kragte, en conform de dispositie van dien, op poene van verval, { 363 } en nulliteit der voorscz: Commissien.
15.
Alle Scheepen en Koopmanschappen, van wat natuur dezelve ook zÿn, die hernomen zullen worden uit handen van Piratten en Zeerovers, sonder behoorlyke Commissie op de open Zee varende, zullen gebragt worden in eenige Haven van eene der beide Staten, en zullen aan de bewaring der Officieren van die Haven worden overgeleevert, ten einde geheel gerestitueert te worden aan den regten Eigenaar, zoo dra als behoorlyk en genoegsaam bewÿs, wegens den eigendom der zelve, zal gedaan zÿn.
16.
Indien eenige Scheepen of Vaartuigen, toebehoorende aan een van beide de Parthÿen, hunne Onderdanen of Ingezeetenen, op de Kusten of Dominien van den anderen zullen komen te stranden, vergaan, of eenige andere Zee Schade te lÿden, zal alle vriendelyke assistentie en hulp worden gegeeven aan de persoonen Schipbreuk geleeden hebbende, of die zig in gevaar daar van zullen bevinden, En de Scheepen; Goederen en Koopmanschappen, en het geen daar van geborgen zal zÿn, of het provenu van dien, by { 364 } aldien die goederen verdersselyk zynde, zullen weezen verkogt, alle door de Schippers, of door de Eigenaers, of van haare gelaste, of Volmagt hebbende, binnen Jaar en dag gereclameert wordende, worden gerestitueert; mits betalende alleen de redelyke onkosten, en het geen voor bergloon door de eige Onderdanen, in het selve geval, betaalt moet worden; zullende insgelyks Brieven van Vrygeleÿ aan hun worden gegeeven, voor húnne vrÿe en geruste passage van daar, en retour van een ieder na zÿn eigen Land.
17.
Ingevalle de Onderdanen of Ingezeetenen van een der beide Parthÿen, met hunne Scheepen, het zÿ publique en ten Oorlog varende, of byzondere en ter Koopvaardy uitgerust, door onstuimig Weêr, najaaging van Zee rovers of Vyanden, of eenige andere dringende nood, gedwongen zullen worden, ter bekoming van een Schuilplaats en Haaven, zig te retireeren en binnen te loopen in eenige der Rivieren, Creeken, Baaÿen, Havens, Rheeden of Stranden, toebehoorende aan de andere Parthye, zullen dezelve met alle menschlievendheid en goetwilligheid werden ontfangen, en alle vriendelÿke protectie en hulp genieten, en zal hun worden toegestaen zig te verver• { 365 } schen en proviandeeren teegens reedelyke prÿzen, met Victuaille, en alle dingen benodigt tot onderhoud van haare persoonen, of reparatie van hunne Scheepen, en zÿ zullen op geenerley wÿs worden opgehouden, of verhindert, uit de gemelde Havens of Rheeden te vertrekken, maar mogen verzÿlen en gaan, wanneer en waar het hun behaagt, zonder eenig belet of verhindering.
18.
Tot des te beeter voortzetting der wederzÿdsche Commercie, is overeengekomen, dat indien een Oorlog mogt komen te ontstaan tusschen Haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, en de Vereenigde Staaten van America, altÿd aan de Onderdanen van de een of andere zÿde sal worden gegeven den tÿd van neegen maanden, na dato van de rupture, of proclamatie van Oorlog, om haar te mogen retireeren met haare effecten, en deselve te vervoeren, waar het haar believen zal, het welk haar geoorloft zal zÿn te mogen doen; als meede te mogen verkoopen of transporteeren haare goederen en meubilen in alle vrÿheid; sonder dat men haar daar in eenig belet zal doen; ook, sonder geduurende den tÿd van de voorcz: neegen maenden te mogen procedeeren tot eenig { 366 } arrest van haare effecten, veel min van haare personen, maar zullen in teegendeel voor haare Scheepen, en effecten, die zÿ zullen willen meede voeren, worden gegeeven Pasporten van Vrÿgeleide, tot de naaste Havenen, in elkanders Landen voor den tÿd, tot de reisen nodig. Ook zullen geen Prÿzen op zee genomen voor wettig genomen gehouden mogen worden, ten waare de Oorlogs-declaratie bekend was geweest,14 of had kunnen zÿn, in de Haven, die het genoome Schip het laast heest verlaten; maar zal voor al, het geen aan de Onderdanen en Ingezeetenen van weederzÿde binnen de voorscz: termÿnen ontnomen mogt zÿn, en de beleedigingen, die hun aangedaen zouden mogen zÿn, volkomen Satisfactie gegeeven worden.
19.
Geen Onderdaan van haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, zullen mogen versoeken of aanneemen eenige Commissien, of Lettres de Marque, tot het wapenen van eenig Schip of Scheepen, ten einde als Kapers te ageeren teegens de gemelde Vereenigde Staten van America, of eenige der zelve, of tegens de Onderdanen en15 Ingezeetenen der gemelde Vereenigde Staaten, of eenige der zelve, of tee• { 367 } gens den Eigendom der Ingezeetenen van eenige der zelve, van eenige Prins of Staat, met wien de voorscz: Vereenigde Staaten van America in Oorlog mogten zÿn; nochte zal eenige Onderdaan of Ingezeeten van de gemelde Vereenigde Staaten van America, of eenige derzelve eenige Commissie of Lettres de Marque versoeken of aanneemen, tot het Wapenen van eenig Schip of Scheepen, om ter Kaap te vaaren tegens de Hoog Mogende Heeren Staten Generaal der Vereenigde Nederlanden, of teegens de Onderdanen of Ingezeetenen van gem[elde]: Haar Hoog Mogende, of eenige van dezelve, of den eigendom van eenige der zelve, van eenige Prins of Staat, met wien de voorscz: Staaten16 in Oorlog zullen zÿn, en indien eenig Persoon van een van beide zodanige Commissie of Lettres de Marque zal aanneemen, zal dezelve als een Zeerover worden gestrast.
20.
De Scheepen der Onderdanen of Ingezeetenen van een van beide de Partÿen, komende aan eenige Kust, toebehoorende aan de een of andere der gemelde Bondgenooten, doch niet voorneemens zÿnde in een Haven binnen te loopen, of binnen geloopen zÿnde, en niet begeerende hunne Ladingen te los• { 368 } sen, of Last te breeken, of bÿ te laden, zullen niet gehouden zÿn voor haare Scheepen of Ladingen eenige inkomende, of uitgaende regten te betalen, nog eenige reekenschap van haare Ladingen te geeven, ten ware, dat er wettig vermoeden was, dat zÿ aan elkanders Vÿanden18 toevoerden Koopmanschappen van Contrabande.
21.
De twee contracteerende Partÿen vergunnen over en weeder aan elkanderen de vrÿheid, om ieder in de Havens van den anderen, Consuls, Vice Consuls, Agenten en Commissarissen van húnne eigen aanstelling te hebben, welkers functien gereguleert zullen worden bÿ particuliere overeenkomst, wanneer ooit eene der beide Partÿen goedvind zodanige aanstelling te doen.
22.
Dit Tractaat zal in geenerhande opsigten verstaan worden te derogeeren aan de 9e. 10e. 14e.19 en 24ste. Articulen van het Tractaat met Vrankrÿk, soo als die genummert zÿn geweest in het zelve Tractaat den 6 Februarÿ 1778 geslooten, zÿnde de 9e. 10e. 17e. en 22ste. Articulen, van het Tractaat van Commercie, soo als het nu in kragt is tusschen de Vereenigde Staten van America, en de Kroon van { 369 } Vrankrÿk: en zal meede niet beletten, dat Sÿne Catholicque Majesteit aan t’selve zoude accedeeren, en van het beneficie der gemelde Vier Articulen Jouïsseeren.
23.
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, Tunis, of Tripoli, of by eenige van dezelve, Negotiatien te entameeren tot het verkrygen van Pasporten ter beveiliging van hunne Navigatie op de Middelandsche Zee, zoo beloven Haar Hoog Mogende, op het aanzoek van Hoogstgedagte Vereenigde Staaten, die Negotiatien, door middel van hunne by den voorscz: Koning of Keizer en Regeeringen resideerende Consuls op de favorabelste wyze te zullen Secondeeren.
Contrabande.
24.
De vrÿheid van Navigatie en Commercie zal zig uitstrekken tot alle zoorten van Koopmanschappen, uitgezondert alleen deeze, welke onderscheiden zÿn onder den Naam van Contrabande of Verbodene goederen: en onder deeze benoeming van Contrabande of verbodene goederen zullen alleen begreepen { 370 } zÿn de Oorlogs Ammunitien, of Wapenen, als Mortieren, geschut, met zÿne Vuurwerken, en het geen daar toe behoort; geweeren, Pistoolen, Bomben, Granaden, Buspulver, Salpeeter, Swavel, Lonten, Kogels, Pieken, zwaarden, Lancien, Helbaarden, Casquetten, Cuirassen, en diergelÿke soort van Wapentuig, ook Soldaten, Paarden, Zadels, en toerusting van paarden.
Alle andere goederen, en Koopmanschappen, hier boven niet uitdrukkelyk gespecisiceert, jaa selfs alle Soorten van Scheeps Materialen, hoe zeer dezelve ook zouden mogen zÿn geschikt, tot het bouwen of equipeeren van Oorlog Scheepen, of tot het maken van het een of ander Oorlogstuig, te water of te Lande, zullen mitsdien, nog volgens den Letter, nog volgens eenige voor te wende interpretatie van dezelve, hoe ook genaemt, onder verboodene, of Contrabande goederen begreepen kunnen of mogen worden: zoo dat alle dezelve goederen, waaren, en Koopmanschappen, hier boven niet uitdrukkelyk genoemt, sonder eenig onderscheid, zullen mogen worden getransporteert, en vervoert in alle vrÿheid door de Onderdanen en Ingezeetenen van beide Bondgenooten, van en na Plaatsen aan den Vÿand toebehoorende, zodanige Steeden of plaatsen alleen uitgezondert, { 371 } welke op die tyt beleegert, geblocqueert of geinvesteert zÿn, waar voor alleenlyk worden gehouden de zulke, die door een der Oorlog voerende Mogend heeden van nabÿ ingeslooten worden gehouden.
25.
Ten einde alle dissentie en twist ann beide zÿden22 mag werden vermÿd en voorgekomen, is overeengekomen, dat in geval een van beide de Parthÿen in Oorlog mogt komen te geraken, de Scheepen en Vaartuigen, toebehoorende aan de Onderdanen of Ingezeetenen van de andere Geallieerde, met Zeebrieven of Pasporten moeten werden voorsien, 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 bÿ mag blyken, dat het Schip reëel en in waarheid aan de Onderdanen of Ingezeetenen van eene der Parthÿen toebehoord, welk Pasport zal worden opgemaekt en uitgegeeven volgens het Formulier agter dit Tractaat gevoegt. Dezelve zullen ieder reise, dat het Schip thuÿs is geweest, op nieuw verleent moeten zÿn, of ten minsten niet ouder mogen zÿn, als twee Jaar, voor de tÿd, dat het Schip laast is thuÿs ge• { 372 } weest. Het is insgelyks vastgestelt, dat zodanige Scheepen of Vaartuigen gelaaden zÿnde, moeten weezen voorsien niet alleen met Pasporten of Zeebrieven bovengemeld; maar ook met een generaal pasport, of particuliere Pasporten, of Manifesten, of andere publicque Documenten, die in de Havenen, van waar de Scheepen laast gekomen zÿn, gewoonlyk gegeeven worden aan de uitgaende Scheepen, inhoudende een Specificatie van de Lading, de plaets van waar het Schip gezeilt is, en waar heenen het gedestineert is, of bÿ gebreeke van alle deselve, met Certificaten van de Magistraten, of Gouverneurs der Steeden, plaatsen, en Colonien, van waar het Schip vertrokken is, in de gewoone form gegeeven, op dat geweeten kan worden, of eenige verboode, of Contrabande goederen aan boord van de Scheepen zÿn, en of zÿ daar meede na’s Vÿands Landen gedestineert zÿn, of niet. En by aldien iemand goeddunkt, of raadsaem vind, om in de gemelde bescheiden uit te drukken de persoonen, aan wien de aan boord zÿnde goederen toekomen, vermag hy sulks vrÿelyk te doen; sonder egter daar toe gehouden te zÿn, of dat gebrek van die uitdrukking geleegenheid tot confiscatie kan of mag geeven.
{ 373 }
26.
Indien de Scheepen of Vaartuigen van de gemelde Onderdanen of Ingezeetenen van een van beide de Parthÿen, zeilende 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 Oorlog Scheepen, Kapers, of gewapende Vaartuigen, tot vermÿding van alle disordre, buiten bereik van het Geschut blyven, dog hunne Booten mogen zenden aan boord van het Koopvaardÿ Schip, welke zÿ op die wÿs 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 zÿn 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, Zeebrief en verdere bescheiden, vrÿ en liber zÿn om deszelfs reis te verrolgen, zoo dat niet geoorloft zal zÿn het selve op eenigerhande wÿze te molesteeren of doorsoeken, nog jagt op haar te maken, of het zelve te forceeren haare voorgenomen Cours te verlaaten.
{ 374 }
27.
Het zal geoorloft zÿn aan Kooplieden, Capiteins en Bevelhebbers van Scheepen, het zÿ publicque en ten Oorlog, of particuliere en ter Koopvaardy vaarende, toebehoorende aen de gemelde Vereenigde Staaten van America, of eenige van dezelve, of aan de Onderdanen, en Ingezeetenen van eenige derzelve, vryelyk in hunne dienst aan te neemen, en aan Boord van haare gemelde Scheepen te ontfangen, in iedere der Havens of Plaatsen onder de Jurisdictie van voornoemde haar Hoog Mogende, eenige Bootsgezellen of anderen, zÿnde Inboorlingen of Ingezeetenen van eenige der gemelde Staaten, op zulke voorwaarden als zal worden overeengekomen, zonder daer voor aen eenige boete, pœne, Strasse, Proces of berisping hoe genaemt, onderheevig te zÿn.
En zullen reciproquelÿk alle Kooplieden, Capiteinen en Bevelhebbers van Scheepen, behoorende tot de voorscz: Vereenigde Neederlanden, in alle de Havens en plaatsen, onder het gebied van de gemelde Vereenigde Staaten van America, het zelve voorregt genieten tot aenneeming en ontfangen van Bootsgezellen of anderen, zÿnde inboorlingen of Ingezeetenen van eenige der Domeinen van de gemelde Staten Generaal, { 375 } met dien verstande, dat men nog aen de eene, nog aan de andere zÿde zig sal mogen bedienen van sodanige zÿner landsgenooten, die zig reeds in dienst van de andere Contracteerende parthÿe, het zÿ ten Oorlog, het zÿ op Koopvaardÿ Scheepen heest geëngageert, het zÿ men dezelve aan de vaste Wal, dan wel in Zee zoude mogen ontmoeten, ten zÿ de Capitein of Schipper,24 onder wiens bevel zodanige Persoonen zig mogten bevinden, deselve25 vrÿwillig uit hunnen dienst wilde ontslaen, op pœne, dat deselve andersints op den Voet van Weglopers zullen worden behandelt, en gestrast.
28.
De toeleg voor refractie, sal in alle reedelykheid en billykheid worden gereguleert, bÿ de Magistraten der respective Steeden, alwaar men oordeelt, dat eenige bezwaaren desweegens plaats hebben.
29.
Het tegenwoordig Tractaat zal worden geratificeert en geapprobeert by hoogstgem: Staaten Generaal der Vereenigde Nederlanden, en hoog gem. Vereenigde Staaten van America, en zullen de Acten van Ratificatien van de eene ende de andere zÿde, in goede ende behoorlyke forme, werden overge• { 376 } leevert binnen den tÿt van zes maenden, of te eerder, zoo het zelve kan geschieden, te reekenen van den Dag van de Onderteekeninge.
Ten oirkonde deezes hebben wy Gedeputeerden en Plenipotentiarissen van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minister Plenipotentiaris der Vereenigde Staten van America, uit kragt van Onze respective Authorisatie, en Pleinpouvoir, deeze Onderteekent, en met Onze gewoone Cachellen bekragtigt.
Gedaan in’s Hage den26
Formulier van het Pasport dat gegeeven zal worden aan de Scheepen of Vaartuigen, ingevolge het 25e.—Articul van dit Tractaat.
Aan alle de geene die deeze tegenwoordige zullen zien, Salut: doen te weeten, dat by deezen vrÿheid en permissie gegeven 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 beladen met [] , om te vertrekken en met zÿn Schip of Vaartuig deszelfs gemelde reize voort te zetten, zodanig Schip of { 377 } Vaartuig gevisiteert zÿnde, en de voornoemde Schipper of Bevelhebber, onder Eede, voor den daar toe gestelden Officier, verklaart hebbende, dat het gemelde Schip of Vaartuig, aan een of meer der Onderdanen, Volk of Ingezeetenen van [] toebehoord, en aan hem (of hun) alleen; In getuigenis waer van, wÿ deeze tegenswoordige met Onze Naamen hebben Onderteekent, en het Zeegel van Ons Waapen 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 Scheepen of Vaartuigen zal worden gegeeven, ingevolge het 25e.—Articul van dit Tractaat.
Wy [] de Magistraat (of Officieren der Convoÿen) 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, geregtelÿk en behoorlÿk aan hem (of hun) alleen is toebehoorende. Dat het zelve thans { 378 } gedestineert is van de Stad of Haven van [] na de Haven van [] gelaaden met goederen en Koopmanschappen hier onder particulier gespecisiceert en opgenoemt, als volgt.
In getuigenis waar van wÿ dit Certificaat hebben onderteekent en met het Zeegel van Ons Officie bekragtigt, deezen [] dag van [] in het Jaar Onzes Heeren Christi:
Formulier van Zee-brief.
Alder-Doorluchtichste, Doorluchtigste, Doorluchtige, Grootmachtighste, Grootmachtige hoogh ende Welgeboorne, Wel-Edele, Erentseste, Achthbare, Wÿse, Voorsienige Heeren Keizeren, Koningen, Republicquen, Princen, Fursten, Hertogen, Graven, Baronnen, Heeren, Burgermeesteren, Scheepenen, Raden, mitsgaders Rechteren, Officieren, Justicieren, ende Regenten aller goede Steeden ende Plaatzen, het zÿ Geestelÿcke of Wereldtlÿcke, die deeze opene Letteren zullen zien oste hooren leezen: Doen Wÿ Burgermeesteren ende Regeerders der Stadt [] te weeten, dat Schipper [] van [] (voor Ons compareerende) bÿ solemneelen eede verklaart heest, dat het Schip, genaamt [] groot omtrent [] Lasten, ’t welk hy althans voert, in de Geunieerde Provincien t’huys be• { 379 } hoort, en dat geen Onderdanen van den Vÿandt daar in, direct of indirect, eenige portie of deel hebben, Soo waarlyk moest hem Godt Almachtig helpen. Ende want Wÿ den voorschreiven Schipper gaerne gevordert zagen in Syne rechtvaerdige Saken; Soo is Ons versoek allen voornoemt, ende yeder in het bÿsonder, daar den voornoemden Schipper met zÿn Schip ende ingeladen goederen komen zal, dat dezelve gelieven den voornoemden Schipper goedelÿcken te ontfangen en gehoorlyck te tracteeren, gedogende hem op syne gewoonlÿcke Tollen ende Ongelden, in het door-ende voorby-varen, Havenen, Stroomen en Gebiedt te passeeren, varen en frequenteeren omme syne Negotie te doen, daar en soo hÿ te rade vinden sal, het welk Wÿ gaarne willen verschuldigen. Des t’ Oirconde dezer Stede Zegel ter oorsake hier aan hangende den.
(In margine stond)
Ter Ordonnantie van de Hooge ende Mogende Heeren Staten Generael der Vereenighde Nederlanden.
MS in a clerk’s hand (Adams Papers); endorsed: “Last Project. agreed to. Signed 8th. Octr. 1782.” Filmed at ([8 Oct. 1782], Adams Papers, Microfilms, Reel No. 358).

Docno: ADMS-06-13-02-0162-0011-0002

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

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

Treaty of Amity and Commerce, between their High Mightinesses, the States General of the united Netherlands, and the United States of America, to wit New Hampshire, Massachusetts, Rhode Island,2 and Providence Plantations, Connecticut, New-York New Jersey, Pensilvania, Delaware, Maryland, Virginia, North-Carolina, South Carolina, and Georgia.
Their High Mightinesses, the States General of the United Netherlands, and the united States of America, to wit New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey Pensilvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, desiring to ascertain, 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 and Inhabitants, have judged, that the said End cannot be better obtained than by establishing the most perfect Equality and Reciprocity, for the Basis of their Agreement, and by avoiding all those burthensome Preferences, which are usually, the Sources of Debate, Embarrassment and Discontent; by leaving also each Party, at Liberty to make respecting Commerce and Navigation Such ulteriour Regulations, as it shall find most convenient to itself: and by founding the Advantages of Commerce, Solely, upon reciprocal Utility, and the just Rules, of free Intercourse: reserving, withall, to each Party, the Liberty of admitting at its Pleasure, other Nations to a Participation of the same Advantages.
On these Principles, their said High Mightinesses, the States General of the United Netherlands, have named, <Messieurs> for their Plenipotentiaries, from the midst of their Assembly, Messieurs thier Deputies for the foreign Affairs <from the midst of the Assembly of their High Mightinesses,>3 And the said United States of America, on their Part, have furnished with Full Powers, Mr John Adams late Commissioner of the United States of America at the Court of Versailles, heretofore Delegate in Congress from the State of Massachusetts Bay, and Chief Justice of the said State, who have agreed and concluded, as follows, to wit
Article 1.
There shall be a firm, inviolable and universal Peace, and sincere Friendship, between their High Mightinesses, the Lords the States General of the united Netherlands, and the United States of America; and between the Subjects and Inhabitants of the Said Parties, and between the Countries, Islands, Cities and Places, Situated under the Jurisdiction of the Said united Netherlands, and the said United States of America, their Subjects and Inhabitants, of every Degree, without Exception of Persons or Places.
Article 2.
The Subjects of the said States General, of the United 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 the most favoured are, or shall be obliged to pay: And they shall enjoy, all the Rights, Liberties, Priviledges, Immunities and Exemptions in Trade, Navigation and Commerce, which the Said Nations do or shall enjoy, whether in passing from one Port to another in the Said States, or in going from any of those Ports to any foreign Port of the World, or from any foreign Port of the World to any of those Ports.
Article 3.
The Subjects and Inhabitants of the said United States of America, shall pay in the Ports, Havens, Roads, Countries, Islands, Cities or Places of the said united Netherlands, 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 most favoured, are, or shall be obliged to pay: and they shall enjoy, all the Rights, Liberties, Priviledges, Immunities and Exemptions, in Trade, Navigation and Commerce, which the said Nations do or shall enjoy whether in passing from one Port to another in the said States, or from any one towards any one of those Ports, from or to any foreign Port of the World. And the United States of America, with their Subjects and Inhabitants Shall leave to those of their High Mightinesses, the peaceable Enjoyment of their Rights, in the Countries, Islands, and Seas in the East and West Indies, without any hinderance or Molestation.
Article 4.
There shall be an entire and perfect Liberty of Conscience, allowed to the Subjects and Inhabitants of each Party and to their Families; and no one shall be molested, in regard to his Worship, provided to Submits as to the publick Demonstration of it, to the Laws of the Country. There Shall be given, more•over, Liberty, when any Subjects or Inhabitants of either Party, Shall die, in the Territory of the other, to bury them, in the usuall burying Places, or in decent and convenient grounds, to be appointed for that Purpose, as occasion shall require; and the dead Bodies of those who are buryed, shall not in any wise be molested. 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 interrested.
Article 5.
Their High Mightinesses the States General of the United Netherlands, and the United States of America, shall endeavour, by all the means in their Power, to defend and protect all Vessells and other Effects, belonging to their Subjects and Inhabitants respectively, or to any of them, in their Ports Roads, Havens, internal Seas, Passes, Rivers and as far as their Jurisdiction extends at Sea, and to recover, and cause to be restored to the true Proprietors, their Agents or Attorn•ies, all Such Vessells and Effects, which Shall be taken under their Jurisdiction: and their Vessells of War and Convoys, in Cases when they may have a common Ennemy, Shall take under their Protection, all the Vessells belonging to the Subjects and Inhabitants of either Party, which shall not be laden with contraband Goods, according to the Description, which Shall be made of them here after, 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 the same Course, or follow the same rout, and they shall defend such Vessells as long as they shall hold the same Course follow the same rout, against all Attacks, Force and Violence of the common Enemy, in the same manner, as they ought to protect and defend the Vessells belonging to their own respective Subjects.
Article 6.
The Subjects of the contracting Parties, may, on one Side and on the other, in the respective Countries and States, dispose of their Effects, by Testa•ment, Donation, or otherwise; and their Heirs, Subjects of one of the Parties and 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 Naturalisation, without having the Effect of such Commission contested under Pretext of any Rights or Praerogatives 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 fullfill all the Functions, which belong by the Disposition 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 or Curators, by Testament, Codicil, or other legal Instrument.
Article 7.
It Shall be lawfull and free, for the Subjects of each Party, to employ such Advocates, Attorneys, Notaries, Solicitors or Factors, as they shall judge proper.
Article 8.
Merchants, Masters and Owners of Ships, Mariners, Men of all Kinds, Ships and Vessells, and all Merchandises 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,5 Islands, Cities, Places, Ports, <Rivers>6 Shores or Dominions whatsoever of the other Confederate, for any military Expedition, public or private Use of any one, by Arrests, Violence or any Colour thereof. Much less shall it be permitted to the Subjects of either Party to take, or extort by Force any Thing, from the Subjects of the other Party, without the Consent of the owner: which, however, is not to be understood of Seisures, Detentions and Arrests which Shall be made by the Command and Authority of Justice, and by the ordinary Methods, on Account of Debts or Crimes, in respect whereof, the Proceedings must be, by Way of Law, according to the Forms of Justice.
Article 9.
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>9 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 the Use of Interpreters or Brokers as also in Relation to the Loading or Unloading of their Vessells, and every Thing which has Relation thereto, they shall be, on one side and on the other, considered and treated upon the Footing of <with> natural Subjects, or, at least, upon an Equality with the most favoured Nation.
Article 10.
The Merchant Ships of either of the Parties, coming from the Port of an Ennemy or from their own or a neutral Port, may navigate freely towards any Port of an Ennemy of the other Ally: They shall be nevertheless held, whenever it shall be required, to exhibit, as well upon the high Seas, as in the Ports, their Sea Letters and other Documents described in the twenty fourth10 Article, stating expressly, that their Effects are not of the Number of those, which are prohibited as Contrabande; and not having any Contraband goods for an Ennemy’s Port, they may freely and without Hindrance pursue their Voyage, towards the Port of an Ennemy. Nevertheless, It shall not be required to examine the Papers of Vessells convoyed by Vessells of War, but Credence shall be given to the Word of the officer, who shall conduct the Convoy.
Article 11.
If by exhibiting, the Sea Letters and other Documents, described more particularly in the Twenty fourth Article of this Treaty, the other Party shall discover there are any of those Sorts of Goods which are declared prohibited and Contrabande, and that they are consigned for a Port, under the Obedience of his Ennemy, it shall not be lawfull to break up the Hatches of such Ships nor to open any Chest, Coffer, Packs, Casks, or other Vessells found therein, or to remove the Smallest Parcell of her Goods, whether the said Vessell belongs to the Subjects of their High Mightinesses, the States General of the united Netherlands, or to the Subjects or Inhabitants of the said United States of America, unless the Lading be brought on Shore, in 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, untill, after that due and lawfull Proscess, shall have been had, against such prohibited Goods of Contraband, and the Court of Admiralty, by a Sentence pronounced, shall have confiscated the same, Saving always, as well the Ship itself, as any other Goods found therein, which are to be esteemed free and may not be detained on Pretence of their being infected, by the prohibited Goods, much less shall they be confiscated as lawfull Prize. But on the contrary, when by the Visitation, at Land, it shall be found, that there are no Contraband Goods in the Vessell, and it shall not appear by the Papers, that he who has taken and carried in the Vessell, has been able to discover any there, he ought to be condemned in all the Charges, Dammages and Interests of them, which he shall have caused, both to the owners of Vessells, 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 Vessells, shall assure the Liberty of the Effects with which they shall be loaded, and that this Liberty shall extend itself equally to the Persons who shall be found in a free Vessell, who may not be taken out of her unless they are Military Men, actually in the Service of an Ennemy.
Article 12.
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, although it be not <be> comprehended under the Sort of prohibited Goods, the whole may be confiscated, in the same manner, as if it belonged to the Ennemy, except, nevertheless, such Effects and Merchandizes as were put on board such Ves•sel, before the Declaration of War, or in the Space of Six months after it, which Effects shall not be, in any manner Subject to Confiscation, but shall be faithfully, and without delay, restored in nature, to the owners who shall claim them, or cause them to be claimed, before the Confiscation and Sale, as also, their Proceeds, if the Claim could not be made, but in the Space of <Six>12 Eight months, after the Sale, which ought to be publick: provided, nevertheless, that if the said Merchandizes are Contraband, it shall by no means be lawfull, to transport them afterwards to any Port belonging to Ennemies.
Article 13.
And that more effectual Care may be taken, for the Security of Subjects and People of either Party, that they do not Suffer Molestation, from the Vessells of War or Privateers of the other Party, it shall be forbidden to all Commanders of Vessells of War, and other armed Vessells of the said States General of the United Netherlands, and the said United States of America, as well as to all their Officers, Subjects and People to give any Offence, or do any Damage to those of the other Party; and if they act to the contrary, they shall be, upon the first Complaint, which shall be made of it, being found guilty, after a just Examination, punished by their proper Judges, and, moreover, obliged to make satisfaction for all Damages and Interests thereof, by Reparation under Pain and Obligation of Persons and Goods.
Article 14.
For further determining of what has been said, all Captains of Privateers, or Fitters out of Vessells 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 responsable, 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 Ordonnances and Edicts which shall be published, in Consequence of and Conformity to it, under Pain of Forfeiture and Nullity of the said Commissions.
Article 15.
All Vessells and Merchandizes, of whatsoever Nature, which shall be rescued out of the Hands of any Pirates or Robbers <on the High Seas shall be brought>13 navigating the high Seas without requisite Commissions shall be brought into some Port of one of the two States, and deposited in the Hands 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.
Article 16.
If any Ships or Vessells, 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 Damage, all friendly Assistance and Relief shall be given to the Persons shipwrecked, or such as shall be in danger thereof; and the Vessells, Effects and Merchandizes, 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: There shall also be delivered them, Safe Conducts or Passports, for their free and Safe Passage from thence, and to return, each one, to his own Country.
Article 17.
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 Ennemies, or any other Urgent Necessity for seeking of Shelter and Harbour, to retreat and enter into any of the Rivers, Creeks, Bays, Ports, Roads, or Shores, belonging to the other Party, they Shall be received 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 needfull 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.
Article 18.
For the better promoting of Commerce, on both Sides, it is agreed that, if a War should break out, between their High Mightinesses, the States General of the United Netherlands, and the United States of America, there Shall always be granted, to the Subjects on each Side, The Term of Nine Months, after the Date of the Rupture, or of the Proclamation of War, to the End that they may retire, with their Effects, and transport them, where they please, which it shall be lawfull 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 Vessells, and for the Effects, which they would carry away, Pass Ports 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 adjudged lawfull, at least if the Declaration of War was not or could not be known, in the last Port which the Vessell taken has quitted. But for whatever may have been taken from the Subjects and Inhabitants of either Party, and for the Offences which may have been given them, in the Interval of the said Terms, a compleat Satisfaction shall be given them.
Article 19.
No Subject of their High Mightinesses, the States General of the United 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 America or any of them, or the Subjects and15 Inhabitants of the said United States or any of them, or against the Property of the Inhabitants of any of them, from any Prince, or State, with which the said United States of America may happen to be at War: Nor shall any Subject or Inhabitant of the said United States of America, or of any of them, apply for or take any Commission, or Letters of Marque, for arming any Ship or Ships to act as Privateers against the High and Mighty Lords the States General of the United Netherlands, or against the Subjects of their High Mightinesses, or any of them, or against the Property of any one of them from any Prince or State, with which their High Mightinesses may be at War: And if any Person of either Nation shall take such Commission, or Letters of Mark, he shall be punished as a Pirate.
Article 20.
If the Vessells of the Subjects or Inhabitants of one of the Parties, come upon the 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, or take in any Cargoe they shall <be treated>17 not be obliged to pay, neither for the Vessells nor 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 Ennemy Merchandizes of Contraband.
Article 21
The two contracting Parties grant to each other mutually the Liberty of having each in the Ports of the other, Consuls, Vice Consuls, Agents and Commissaries of their own appointing, whose Functions shall be regulated by particular Agreement, whenever either Party chuses to make such Appointment.
Article 22.
This Treaty shall not be understood, in any manner to derogate from the Ninth Tenth, Nineteenth19 and Twenty fourth Articles of the Treaty <of Commerce>20 with France, as they were numbered in the same Treaty concluded the Sixth of February 1778 and which make the Articles Ninth, Tenth, Seventeenth and twenty Second of the Treaty of Commerce now Subsisting, between the United States of America and the Crown of France: Nor shall it hinder his Catholic Majesty, from acceeding to that Treaty, and enjoying the Advantage of the said four Articles.
Article 23.
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, 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<ir> Requisition which the United States of America shall make of it, they will Second such Negotiations, in the most favourable manner, by means of their Consulls, residing near the said King Emperor and Regencies.
Article 24. Contraband
The Liberty of Navigation and Commerce Shall extend to all sorts of Merchandizes, excepting only those which are distinguished under the Name of Contraband or Merchandizes prohibited: And under this Denomination of Contraband and Merchandizes prohibited, shall be comprehended only Warlike Stores and Arms, as Mortars, Artillery with their[]21 and Appurtenanes, Fusils, Pistols, Bombs Grenades, gun Powder, Salt Peter, Sulphur, Match, Bullets and Balls Pikes, Sabres, Lances, Hallebards, Casques, Cutlaces, and other Sorts of Arms; as also Soldiers, Horses, Saddles, and Furniture for Horses. All other Effects and Merchandizes, not before Specified expressly, and even all sorts of naval Matters, however proper they may be, for the Construction and Equipment of Vessells of War, or for the Manufacture of one or another Sort of Machines of War, by Land or Sea, shall not be adjuged 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 Merchandizes, which are not expressly before named, may, without any Exception, and in perfect Liberty be transported, by the Subjects and Inhabitants of both Allies, from and to Places belonging to the Ennemy; excepting only the Places, which at the same Time Shall be besieged blocked or invested; and those Places only shall be held for such, which are Surrounded, nearly, by some of the belligerent Powers.
Article 25
To the End that all Dissention, and Quarrell may be avoided, and prevented, it has been agreed, that in Case that one of the two Parties happens to be at War, the Vessells belonging to the Subjects or Inhabitants of the other Ally, shall be provided with Sea Letters or Passports, expressing the Name, the Property and the Burthen of the Vessell, as also the Name and the Place of abode of the Master or Commander of the said Vessell; to the End that, thereby, it may appear, that the Vessell really and truly belongs to Subjects or Inhabitants of one of the Parties; which Passeports Shall be drawn and distributed, according to the Form annexed to this Treaty. Each Time that the Vessell, shall return, she should have such her Passports renewed, or, at least, they ought not to be of more ancient Date than two years before the Vessell, has been returned to her own Country. It has been also agreed, that such Vessells being loaded, ought to be provided <also> not only with the Said Pass Ports or Sea Letters; but also with a general Passport, or with particular Passports, or Manifests, or, other publick Documents, which are ordinarily given to Vessells which[]23 in the Ports from whence the Vessells have set sail in the last Place, containing a Specification of the Cargo, of the Place from whence the Vessell departed; and of that of her Destination, or, instead of all these <of> Certificates from the Magistrates or Governors of Cities, Places, and Colonies from whence the Vessell came, given in the usual Form, to the End that it may be known, whether there are any Effects prohibited or Contraband on board the Vessells, and whether they are destined to be carried to an Ennemies Country or not. And in Case, any one judges proper, to express, in the said Documents, the Persons to whom the Effects on board belong, he may do it freely, without however being bound to do it; and the omission of such Expression cannot and ought not to cause a Confiscation.
Article 26.
If the Vessells of the said Subjects or Inhabitants of either of the Parties, Sailing along the Coasts, or on the high Seas, are met by a Vessell of War, or Privateer or other armed Vessell of the other Party, the said Vessells of War, Privateers or armed Vessells, for avoiding all Disorder, shall remain, without the Reach of Cannon, but may send their Boats on board the Merchant Vessell, which they Shall meet in this manner, upon which, they may not pass more than two or three Men, to whom the Master or Commander Shall exhibit his Pass Port, containing the Property of the Vessell, according to the Form annexed to this Treaty: And the Vessell after having exhibited Such a Pass Port, Sea Letter, and other Documents, shall be free to continue her Voyage, so that it shall not be lawfull to molest her, or Search her in any manner, nor to give her Chace, nor to force her to alter her Course.
Article 27.
It shall be lawfull, for Merchants, Captains and Commanders of Vessells whether publick and of War, or private and of Merchants, belonging to the Said United States of America, or any of them, or to their Subjects and Inhabitants, to take freely into their Service, and receive on board of their Vessells, in any Port or Place in the Jurisdiction of their High Mightinesses aforesaid, Seamen or others, Natives 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, Proscess or Reprehension, whatsoever.
And reciprocally, all Merchants, Captains and Commanders, belonging to the said United Netherlands, shall enjoy, in all the Ports and Places under the obedience of the said United States of America, the same Priviledge of engaging and receiving, Seamen or others Natives or Inhabitants of any Country of the Domination of the said States General: provided that neither on one side nor the other, they may not take into 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 not of his own Consent discharge them from their service: upon Pain of being otherwise treated and punished as Deserters.
Article 28.
The Affair of the Refraction 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.
Article 29.
The present Treaty shall be ratified and approved, by their High Mightinesses the States General of the United Netherlands, and by the United States of America; and the Acts of Ratification Shall be delived, in good and due form on one Side and on the other in the space of Six Months, or sooner if possi•ble, to be computed from the Day of the Signature.
In Faith of which, We, the Deputies and Plenipotentiaries of the Lords the States General, of the United Netherlands, and the Minister Plenipotentiary of the United States of America, in Virtue of our respective Authorities and full Powers, have Signed the present Treaty and apposed thereto the Seals of our Arms.
Done at the Hague.26
Form of the Passport which shall be given to Ships and Vessells in Consequence of the Twenty fifth Article of this Treaty.
To all who shall see these Presents, Greeting. Be it known that leave and Permission, are, hereby given to [] Master and Commander of the Ship or Vessell, called [] of the Burthen of [] 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 Vessell on his said Voyage Such Ship or Vessell having been visited and the said Master and Commander having made Oath before the Proper officer, that the said ship or Vessell, 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
Certificate
Form of the Certificate, which shall be given to Ships or Vessells in Consequence of the Twenty fifth 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 Vessell 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 Merchandizes, hereunder particularly discribed 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.
Sea Letter.
Form of the Sea Letter.
Most Serenest, Serenest, Serene, Most Puissant, Puissant high, illustrious, Noble, honourable, venerable, wise, and prudent Lords, Emperors, Kings, Republicks, Princes, Dukes, Earles, 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 [] appearing before Us, has declared upon oath, that the Vessell called [] of the Burthen of about [] Lasts, which he at present navigates is of the United Provinces, and that no Subjects of the Ennemy, 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 lawfull Affairs, our Prayer is to all the beforementioned, and to each of them Seperately, where the said Master shall arrive with his Vessell 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 Expences, in passing and repassing, to pass, navigate and frequent the Ports Passes 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.
in the Margin
By ordinance of the high and mighty Lords the States General of the United Netherlands.
MS in JA’s hand (Adams Papers); endorsed: “Treaty In English.” Filmed at [8 Oct. 1782], Adams Papers, Microfilms, Reel No. 358.
1. This date is derived from the States General’s resolution of 17 Sept. (No. X, below), which indicates that the final version of the treaty was given to JA on 6 September. Except for variations in spelling, punctuation, and capitalization, there are virtually no differences between the English text printed here and the treaty signed on 8 October. { 380 } This is not the case with the Dutch text. While the endorsement indicates that it was the last version of the treaty agreed to by the negotiators, and its text, except for variations in spelling, punctuation, and capitalization, largely conforms to the treaty signed on 8 Oct., there are differences. Some (see notes 2 and 3) apparently reflect last minute negotiations, but most changes were made to make the Dutch text conform to the treaty’s English text. The most likely reason for the differences between the two documents may be that since JA was the American negotiator he knew precisely what he had negotiated and kept a record of the progressive changes to his draft so that when he copied out the final version of the treaty he was able to produce an accurate text. The clerk who copied out the Dutch version of the treaty was most likely not one of the Dutch negotiators and either was given or used incomplete or earlier versions of the agreed-upon articles. In any event, the final Dutch text is included in the notes and is taken from the signed treaty as printed in Miller, Treaties, 2:59–88. It should also be noted that when a note applies to both the English and the Dutch texts the note number is repeated in both versions, but when it applies to only one of the texts, the number appears only there.
2. On both the Dutch and the English copies JA interlined the reference to “Providence Plantations.” This made the list of state names in the title conform to the list in the preamble and corrected a mistake that JA had made in his draft.
3. Originally both the Dutch and the English texts of this paragraph followed the draft and included the revisions suggested by the Dutch and agreed to by JA. The intent apparently was to include, after “Heeren” in the Dutch text and “Messieurs” in the English text, the names of the individual Dutch negotiators. Then, after negotiations were completed, it was decided simply to indicate that the negotiators were the deputies of the States General responsible for foreign affairs and to omit their names. JA then, after canceling the two passages indicated in the paragraph, interlined the new text, with the exception of the retained “Deputies,” but the corresponding changes were not made in the Dutch text in the Adams Papers. In the treaty signed on 8 Oct. the alteration was made, and there the Dutch text reads “Op deeze grondbeginzelen, hebben voorgemelde haar Hoog Mogende de Staten Generaal der Vereenigde Nederlanden, tot hunne Plenipotentiarissen, uit het midden hunner Vergadering benoemd, de Heeren derselver Gedeputeerden tot de buitenlandsche Saaken” (Miller, Treaties, 2:60–61). In the treaty of 8 Oct. this and the following paragraphs were combined.
4. From this point to the end of the article the Dutch text retained the language of Art. 2 of the draft, which included changes suggested by the Dutch and agreed to by JA. In the treaty signed on 8 Oct., it was revised to read “of van eenige vreemde Havenvan de Wereld na eenige van deeze Havens, welke de gemelde Natien reeds genieten of zullen genieten” and thereby bring it into agreement with the English text (same, 2:62). Here and elsewhere reference is made to the articles in the draft as numbered by JA.
5. JA inadvertantly wrote “Islands” twice and then presumably underlined the first to indicate that it should be deleted.
6. This word was presumably an inadvertence since it did not appear in the draft.
7. In the Dutch text the previous six words were retained from Art. 9 of the draft and included a change proposed by the Dutch and accepted by JA. In the treaty signed on 8 Oct. the passage was replaced by “eenige Militaire Expeditie, publicq of privaat” to bring it into conformity with the English text (same, 2:66).
8. The passage from the beginning of the paragraph to this point followed the text of Art. 9 of the draft, but in the 8 Oct. treaty it was deleted and replaced with “veel minder zal het gepermitteert zyn aan” to reflect the change made in the English text. In addition, the paragraph was closed up to “gelÿkende,” which was followed by a colon (same, 2:66).
9. This is an inadvertence. The passage appears in Art. 10 of the draft and, in fact, is an insertion suggested by the Dutch and accepted by JA. There it was followed by a reference to the United States of America. Both references had been removed during the negotiations when it was decided to refer to the “contracting parties” to the treaty.
10. In both the Dutch and English texts this and the following article should have referred to Art. 25. The error was corrected in the 8 Oct. treaty (same, 2:68).
11. The preceding six words, which followed the text of Art. 11 of the draft as revised by the Dutch and accepted by JA, were deleted and replaced by “Goederen voor een { 381 } Vyandelyke Haven gelaaden hebbende, na de Haven van een Vyand” to reflect the change made in the English text (same, 2:68).
12. An inadvertence probably owing to the reference to six months earlier in the article. Eight months was the term given in Art. 13 of the draft as altered by the Dutch and approved by JA, and it is eight months in the Dutch text.
13. An inadvertence. JA copied the original language of Art. 15 of the draft rather than the change proposed by the Dutch, accepted by him, and incorporated in the Dutch text.
14. From the previous comma, the Dutch text retained the language of Art. 18 of the draft as altered by the Dutch and accepted by JA. In the treaty signed on 8 Oct., the passage was changed to bring it into accord with the English text and there reads “ten minsten indien de Oorlogs-Declaratie niet bekent was geweest” (same, 2:75).
15. At this point the English and Dutch texts agree, but in the Dutch text of the treaty signed on 8 Oct., “en” was changed to “of.” That should have made the English text read “subjects or inhabitants,” but the “subjects and inhabitants” was retained in the English version (same, 2:76).
16. The Dutch text retained the previous three words from Art. 19 of the draft. In the treaty signed on 8 Oct. they were deleted and replaced with “Haar Hoog Mogende” to bring the English and Dutch texts into agreement (same, 2:77).
17. An inadvertence. JA began copying the original language of Art. 20 of the draft, before it had been revised according to the Dutch request agreed to by JA.
18. The preceding eleven words followed the text of Art. 20 of the draft as revised by the Dutch and accepted by JA. In the treaty signed on 8 Oct. they were replaced with “minsten indien er geen wettig vermoeden is dat zy aan een Vyand” to make it conform to the English text (same, 2:77).
19. In the margin and keyed to this point in the Dutch text JA wrote “14. Moet weezen 19.” That is, 14 should be 19. The discrepancy between the article numbers referred to here and later in the article (19–17 and 24–22) is owing to Congress’ deletion of Arts. 11 and 12 from the ratified treaty of commerce (same, 2:10–11).
20. An inadvertence. Although this article was the most controversial in the treaty and underwent numerous changes, the words “of commerce” or, in Dutch, “van commercie” appeared at this point in Art. 22 of the draft and in a revised article proposed prior to 22 Aug. (No. IV, above). It was apparently removed as redundant because of the reference to the treaty of commerce later in the article.
21. Blank in MS. In the treaty signed on 8 Oct., it reads “Artifices” (same, 2:79). The omission of a word here may be owing to a translation problem because the alteration to the text of Art. 25 of the draft that was proposed by the Dutch and accepted by JA contained the same language as in the Dutch text.
22. The previous three words followed the text of Art. 26 of the draft, but in the treaty signed on 8 Oct. they were deleted to make the passage conform to the English text (same, 2:80).
23. Blank in MS. It is unclear why JA wrote “which” and then left a blank rather than “outward bound,” the words appearing in Art. 26 of the draft, which were proposed by the Dutch, accepted by JA, and included in the treaty signed on 8 Oct. (same, 2:81).
24. The previous five words followed the text of Art. 29 of the draft as revised by the Dutch and accepted by JA. In the treaty signed on 8 Oct. the passage was replaced with “minsten indien de Capiteinen of Schippers” to make the passage conform to the English text (same, 2:84).
25. The Dutch text followed that of Art. 29 of the draft as revised by the Dutch and approved by JA, but in the treaty signed on 8 Oct. the word “niet” (not) was inserted to make the passage conform to the English text (same, 2:84). The insertion probably corrected an omission in the original text of the draft.
26. In both the Dutch and English texts of the treaty signed on 8 Oct. this passage was deleted. In the Dutch text it was replaced by “In den Hage den Agtsten October, Een duysent Seeven hondert twee en tagtig” and is followed by the seals and names of the Dutch plenipotentiaries: George van Randwyck, Bartholomeus van den Santheuvel, Pieter van Bleiswyck, Willem Carel Hendrik van Lynden van Blitterswyck, Derk Jan van Heeckeren van Brandsenburg, Joan van Kuffeler, Frederick Gysbert van Dedem tot den Gelder, and Herman Tjassens. The revised English text reads “Done at the Hague the Eight of October, One Thousand Seven Hundred Eighty Two” and is followed by JA’s seal and signature (same, 2:85).

Docno: ADMS-06-13-02-0162-0012-0001

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

IX. Final Text of the Dutch-American Convention on Recaptures

Conventie tusschen de Heeren Staten Generaal der Vereenigde Nederlanden, en Vereenigde Staten van America, rakende de hernomen Scheepen.
De Heeren Staten Generaal der vereenigde Nederlanden, en vereenigde Staten van America, geneegen synde, eenige gelykvormige grondbeginselen vast te stellen, omtrent het opbrengen van Prÿsen, door de Oorlog Scheepen en Commissievaarders van Weedersyds contracteerende Parthyen, op derselver gemeene Vyanden genomen, en omtrent de Scheepen van elkanders Onderdanen, door den Vyand genomen, en by de Oorlog Scheepen en Commissie-vaarders van weederzÿden hernomen, zÿn met den anderen overeengekomen, omtrent de navolgende Articulen.
Art: 1.
De Scheepen van eene der beide natien door Kapers van den anderen hernomen, zullen aan den eersten Eigenaar wedergegeeven worden, indien die Scheepen nog geen Vier en twintig Uuren in de magt van den Vyand geweest zÿn; mits door den Eigenaar van het hernoome Schip daar voor betaald { 383 } werde een derde van de waarde van het Schip, mitsgaders van de Lading, Canons, en Scheepstoerustingen, welk derde in der Minne begroot zal worden door de geinteresseerde Parthÿen; of andersints, en zoo zÿ desweegens niet over een konden komen, zullen zÿ zich adresseeren aan de Bedienden der Admiraliteit van de plaats alwaar de Kaper die het Schip hernomen heest, het zelve zal hebben opgebragt.
Art: 2.
Indien het hernomen Schip langer dan vier en twintig Uuren in’s Vyands magt geweest is, zal het in’t geheel aan den Kaper, die het zelve hernomen heest, toebehooren.
Art: 3.
In gevalle een Schip zal hernomen geweest zÿn door een Oorlog Schip of Vaartuig, toebehoorende aan de Staten Generaal der Vereenigde Nederlanden, of aan de Vereenigde Staten van America, zal het zelve aan den eersten Eigenaar wedergegeeven worden, mits betalende een dertigste gedeelte van de waarde van het Schip en deszelss Laading, Canons en Scheepstoerustingen, bÿ aldien het binnen de Vier en twintig Uuren hernomen is, en het tiende gedeelte zoo het naa de Vier en twintig Uuren herno• { 384 } men is: welke Sommen als een Gratificatie verdeeld zullen worden onder de Equipagien van de Scheepen die het zelve hernomen zullen hebben.
De begrooting der bovengemelde dertigste, en tiende gedeeltens sal gereguleerd worden naar luÿd van het eerste Articul der jegens woordige Conventie.
Art: 4.
De restitutie der Prÿzen, het zÿ door Oorlog Scheepen of Kapers hernoomen, zal ondertusschen en tot dat behoor-lyk en voldoende bewÿs vanden eigendom der hernomen Scheepen gegeeven kan worden, onder suffisante cautie wegens het nakomen der bovenstaende Articulen binnen een reedelyken tÿd,2 geadmitteert werden.
Art: 5.
De Oorlog—en Kaper Scheepen van de eene en de andere der beide Natien zullen wederzÿds, zoo in Europa als in de andere Weerelds deelen in elkanders respective havens toegelaten worden met hunne Pryzen, welke aldaar zullen mogen ontladen en verkocht worden, naar de formaliteiten gebruikelyk in den Staat, alwaar de prÿs zal weesen opgebragt, soo ver het bestaanbaar is met het 22dste. articul van het Tractaat van Commercie,3 met dien ver• { 385 } stande, dat de wettig heid der prÿzen door Nederlandsche Scheepen gemaekt zal beslist worden, naar luid der wetten en Reglementen, te deezer zake in de Vereenigde Nederlanden vast gesteld, gelyk ook die der Pryzen door Americaansche Scheepen gemaekt, zal beoordeeld worden volgens de Wetten en Reglementen by de Vereenigde Staten van America bepaald.
Art: 6.
Voor het overige zal het aan de Staaten Generaal der Vereenigde Nederlanden als meede aan de Vereenigde Staten van America, vrÿstaan, zodanige Reglementen te maken als zÿ zullen oordeelen te behooren; met betrekking tot het gedrag ’t geen hunne Scheepen en Kapers weederzÿds verpligt zullen weezen te houden, ten opzigt der Scheepen die zÿ genomen, en opgebracht zullen hebben in de Havens der beide Mogendheeden.
Ten oirkonde deezes hebben Wÿ Gedeputeerden en Plenipotentiarissen van de Heeren Staten Generaal der Vereenigde Nederlanden, en Minister Plenipotentiaris der Vereenigde Staten van America, uit kragt van Onze respective Authorisatie, en Plein pouvoir, deeze Onder• { 386 } teekent, en met Onze gewoone Cachetten bekragtigt.
Gedaan in’s Hage den4
MS in a clerk’s hand (Adams Papers); endorsed: “Conventie tuschen de Staaten Generall en vereenigde Staaten van America.” Filmed at ([8 Oct. 1782], Adams Papers, Microfilms, Reel No. 358).

Docno: ADMS-06-13-02-0162-0012-0002

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

IX. Final Text of the Dutch-American Convention on Recaptures

Convention between the Lords the states general of the united Netherlands, and the United States of America concerning Vessells recaptured.
The Lords the States General of the United Netherlands, and the united States of America, being inclined to establish some uniform Principles, with Relation, to Prizes made, by Vessells of War and commissioned by the two contracting Powers, upon their common Ennemies, and to Vessells of the Subjects of either Party captured by the Ennemy, and recaptured by Vessells of War, commissioned by either Party, have agreed, upon the following Articles.
Article 1.
The Vessells of either of the two Nations, recaptured by the Privateers of the other, shall be restored to the first Proprietor, if such Vessells have not been Four and Twenty hours in the Power of the Ennemy; provided the owner of the Vessell recaptured pay therefor, one Third of the value of the Vessell, as also of that of the Cargo, the Cannons and Apparrell, which Third shall be valued by Agreement between the Parties interrested; or, if they cannot agree, thereon, among themselves, they shall address themselves to the officers of the Admiralty of the Place, where the Privateer, who has retaken the Vessell shall have conducted her.
Article 2.
If the Vessell recaptured has been more than Twenty four hours in the Power of the Ennemy, she shall belong entirely, to the Privateer who has retaken her.
Article 3.
In case, a Vessell shall have been recaptured, by a Vessell of War, belonging to the States General of the united Netherlands or to the united States of America, she shall be restored to the first owner, he paying a Thirtieth Part of the Value of the Ship, her Cargo, Cannons and <Appurtenances> Apparell, if she has been recaptured, in the Interval of Twenty four hours and the Tenth Part, if she has been recaptured, after the Twenty four Hours: which Sums shall be distributed in form of Gratifications to the Crews of the Vessells which shall have retaken her.
The Valuation of the said Thirtieth Parts, and Tenth Parts shall be regulated, according to the Tenour of the first Article of the present Convention.
Article 4.
The Restitution of Prizes, whether they may have been retaken by Vessells of War, or by Privateers, in the mean time and untill requisite and Sufficient Proofs can be given of the Property of Vessells recaptured, shall be admitted, in a reasonable time,2 under Sufficient Sureties for the Observation of the aforesaid Articles.
Article 5.
The Vessells of War and Privateers, of one and of the other of the two Nations, shall be, reciprocally, both in Europe, and in the other Parts of the World, admitted, in the respective Ports of each, with their Prises, which may be unloaded and Sold, according to the formalities used in the State, where the Prise shall have been conducted, as far as may be consistent with the 22d. Article of the Treaty of Commerce:3 Provided always, that the Legality of Prises by the Vessells of the Low Countries, shall be decided conformably to the Laws and Regulations established, in the United Netherlands; as likewise that of <American Vessells> Prises made by American Vessells, shall be judged, according to the Laws and Regulations determined by the United States of America.
Article 6.
Moreover, it shall be free for the States General of the United Netherlands as well as for the United States of America, to make such Regulations as they shall judge necessary, relative to the Conduct; which their respective Vessells and Privateers ought to hold, in Relation to the Vessells which they shall have taken and conducted into the Ports of the two Powers.
In Faith of which We the Deputies and Plenipotentiaries of the Lords the States General of the United Netherlands, and Minister Plenipotentiary of the United States of America, have, in Virtue of our respective Authorities and Full Powers, Signed these Presents and confirm•ed the Same, with the Seal of our Arms.
Done at the Hague the.4
MS (Adams Papers); endorsed: “Convention concerning Recaptures in English.” Filmed at ([8 Oct. 1782], Adams Papers, Microfilms, Reel No. 358).
1. This date is derived from the States General’s resolution of 17 Sept. (No. X, below) where it is stated that the final version of the convention was given to JA on 6 September. This convention is virtually identical to the Franco-Dutch Convention of 1 May 1781, with references to France replaced by those to the United States. Indeed, a copy of the Franco-Dutch convention, in French and endorsed “Convention entre la France & La Republieque concernant les Reprises,” is in the Adams Papers and filmed at [8 Oct. 1782], Adams Papers, Microfilms, Reel No. 358. For an English translation of the Franco-Dutch convention, which JA had sent to Congress in his letter of 25 May 1781, see Wharton, Dipl. Corr. Amer. Rev., 4:435–436. Except for variations in capitalization and punctuation, there are no significant differences between the texts published here and the convention signed on 8 Oct. (Miller, Treaties, 2:91–95).
2. In both the Dutch and the English texts JA interlined the passage from the previous comma.
3. In the Dutch text JA wrote the passage from the previous comma in the left margin. In the English text he interlined it.
4. In the signed treaty the Dutch text continued “Agtsten October, Een duysent Seeven hondert twee en tagtig,” below which were the names of the Dutch plenipotentiaries and their seals. The English text continued “Eight of October, One Thousand Seven Hundred Eighty Two,” below which was JA’s signature and seal (same, 2:95). For the Dutch signatories, see No. VIII, note 26, above.

Docno: ADMS-06-13-02-0162-0013-0001

Author: Netherlands, States General of
Author: Borsselert, W. Z., van
Recipient: Adams, John
Date: 1782-09-17

Resolution of the States General Authorizing the Signature of the Dutch-American Treaty and Convention on Recaptures

SecreetExtract uyt het Register der Resolutien Van de Hoog Moge. Heeren Staaten Generaal der Vereenigde Neederlanden
De Heeren van Randwijk, en andere Haer Hoog Moge: Gedeputeerden tot de buijtenlandsche Saaken, ingevolge en ter Voldoeninge van derserlver Resolutie Commissoriael van den 23 April deezes jaers, in conferentie getreeden Synde met den Heere Adams Minister Plenipotentiaris der Vereenigde Staten van America over het aangaan van een Tractaat van Vriendschap en Commercie met wel• { 387 } gem: Staaten, hebben ter Vergaderinge gerapporteert dat gemelde Heer Adams op den 26. daer aan volgende aan haer had overgegeeven een Project van Zodanig een Tractaat, met versoek van het zelve te willen examineeren en daerbij te voegen zodanige punten als meest dienstig Souden vinden:
Dat zij Heeren Gedeputeerden, na ingenomen te hebben de Consideratien en het advijs van Gecommitteerden uyt de respve. Collegien ter Admiraliteyt op het voersz. Project gemaakt hadden eenige Remarques, en die beneevens eenige nadere Propositien op den 22 Aúgústús laastleeden aangem: Heer Adams hadden ter hand gestelt, maar op gem: Heer Adams deszelfs andwoord op den 27e. daer aen volgende aen haar Heeren Gedeputeerden hadde gecommuniceert. Dat zij het een en ander vergeleeken hebbende bevonden hadden, dat door het laastgemelde Andwoord alle oneffenheeden waaren uyt den weg geruymt en zij vervolgens een nieuw Concept Tractaat als meede een Concept Conventie weegens de hernomen prijzen, in die forme, als Zij oordeelden, dat dezelve behoorden te weezen en so als die hier na geinsereert sijn hadden geconcipieert, en op den 6e. deeze loopende Maend aen gem: Heer Adams ter hand gesteld, met welke beijde Concepten dien Heer Zeedert verklaard heeft volkomen genoegen teneemen. Zoo dat zij Heeren Gedeputeerden aan Haer Hoog Mogende in bedenken moesten geeven, oft Haar Hoog Mogende thans hun niet Zouden kunnen en behooren te authoriseeren om het voorsz. Tractaat en Conventie met geme: Heer Adams te sluijten ente teekenen.
Waar op gedelibereerd Sijnde is goedgevonden en verstaan, dat het voorschreeve Tractaat en Conventie op den bovengemelden voet afgeschreven, en in het net gestelt Sullen worden, om de laaste hand daer aanteleggen; en wordende welgemelde Heeren van Randwyk, en andere Haer Hoog Mogende Gedeputeerden tot de buijtenlandsche Zaaken mitz deezen versogt en gecommitteert om het voorsz. Tractaat en Conventie met gemelde Heere Adams te sluijten en te teekenen.
[signed] W: Z: Van Borsselert
[signed] Accordeert met voorsz. Register H. Fagel

Docno: ADMS-06-13-02-0162-0013-0002

Author: Netherlands, States General of
Author: Borsselert, W. Z. van
Recipient: Adams, John
Date: 1782-09-17

X. Resolution of the States General Authorizing the Signature of the Dutch-American Treaty and Convention on Recaptures: A Contemporary Translation

Copy
SecretExtract from the records of the Resolutions of their High Mightinesses, the States General of the United Netherlands.
The Lord van Randwyk and others, Deputies of their High Mightinesses for the Department of foreign Affairs, in Obedience to and in Compliance with their Resolution of the 23d. April of this present Year, having conferred with Mr. Adams, Minister Plenipotentiary from the United States of America, respecting the entering into a Treaty of Amity and Commerce with the said States, reported to this Assembly, that the said Mr. Adams on the 26th. of April thereafter, did deliver to them a Plan of such a Treaty, requesting the same might be examined, and that such Articles might be added as might be deemed most serviceable. That the said Gentlemen, Deputies, after having consulted and advised with the Committees of the respective Colleges of Admiralty upon the said Plan or Sketch of a Treaty, made sundry Observations thereon and also sundry separate Propositions, all which on the 26th. [i.e., 22d.] August last they communicated to the said Mr. Adams, who on the 27th. following returned his Answer thereto; which having compared with the said Propositions and finding the same in Substance conformable thereto, and all Difficulties that had occurred entirely removed, they drew up a new Treaty and also a new Convention on the Subject of retaken Prizes, in conformity to the Determination that had been previously adopted and resolved on, and the Treaties so prepared they handed to Mr. Adams on the 6th. of this current Month, who since has declared himself perfectly satisfied therewith.
Wherefore the said Gentlemen, Deputies for foreign Affairs, submit it to the Consideration of their High Mightinesses to determine, whether it would not be proper and necessary to authorize them to conclude and sign with Mr. Adams the Treaty and Convention aforesaid.
Whereupon having deliberated it is found and judged right, that the said Treaty and Convention be drawn out afresh and fair Copies thereof made, in Order that the finishing Hand may be put thereto; { 389 } and the said Lord van Randwyk and others, their High Mightinesses Deputies for foreign Affairs, are hereby requested and authorized to conclude and sign the said Treaty and Convention with the aforesaid Mr. Adams.
[signed] W: Z: Van Borsselert
[signed] Compared with the Record H. Fagel
Translated from the Original by Henry Remsen2
MS (Adams Papers); endorsed: “Full Power to Mr Van Randwick and others to Sign the Treaty of Commerce & Convention 17 Sept. 1782.” MS translation by Henry Remsen (PCC, No. 84, IV, f. 201–203). JA enclosed a copy of the resolution (same, f. 197–199) with his letter of 8 Oct. to Robert R. Livingston (No. XI, below), and Remsen did his translation from that copy.
1. This resolution chronicles the progress of the negotiations from JA’s first formal proposal of a treaty of amity and commerce on 23 April and formally authorizes the plenipotentiaries to sign the treaty and convention. In effect it endorsed a decision already made, for in his diary entry for 14 Sept. JA wrote that “Mr. Boreel, The Baron de Linden de Hemmen, and the President of the grand Committee, all Members of the Assembly of their H M told me, that five Copies of the Treaties would be made out, according to my Desire, the English and Dutch Side by Side upon every Page, and the Treaty would be signed next Week” (JA, D&A, 3:6).
2. Henry Remsen Jr. was chief clerk of the Department of Foreign Affairs and later chief clerk of the Department of State (Washington, Papers, Presidential Series, 2:272–273).

Docno: ADMS-06-13-02-0162-0014

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-10-08

XI. To Robert R. Livingston

[salute] Sir

At 12. oClock today I proceeded, according to appointment, to the State-House, where I was received, with the usual formalities, at the head of the Stairs, by Mr: Van Santheuvel, a Deputy from the Province of Holland, and Mr: Van Linden, the first Noble of Zealand and a Deputy from that Province; and by them conducted into the Chamber of Business (Chambre de besogne,) an apartment adjoining to the Truce-Chamber (Chambre de Treve) where were executed the Treaty of Commerce, and the Convention concerning Re-captures, after an Exchange of Full Powers.
The Treaty and Convention are both enclosed, or at least, an authentic Copy of each. If the Copy should arrive before the Original, which I shall reserve to be sent by the safest opportunity I can find, it will be a sufficient foundation for the Ratification of Congress.2
I hope the Treaty will be satisfactory to Congress. It has taken up much time to obtain the Remarks and the Consent of all the Mem• { 390 } bers of this complicated Sovereignty. Very little of this time has been taken up by me, as Congress will see by the Resolution of their High-Mightinesses containing the power to the Deputies to conclude and sign the Treaty: for, altho’ all Communications were made to me in Dutch, a language in which I was not sufficiently skilled to depend upon my own knowledge, Mr. Dumas was ever at hand and ever ready to interpret to me every thing in french, by which means I was always able to give my answers without loss of time.
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.3
Several Propositions were made to me, which I could not agree to, and several were made on my part, which could not be admitted by the States. The final result, contained in the Treaty, is as near the Spirit of my Instructions as I could obtain, and I think it is, in nothing, materially variant from them.4
The Lords the Deputies proposed to me to make the Convention a part of the Treaty. My answer was, that I thought the Convention, which is nearly conformable with that lately made with France, would be advantageous on both sides; but as I had no special Instructions concerning it, and as Congress might have objections that I could not foresee, it would be more agreable to have the Convention seperate, so that Congress, if they should find any difficulty, might ratify the Treaty without it—This was accordingly agreed to.
It seemed at first to be insisted on, that we should be confined to the Dutch Ports in Europe, but my friend Mr: Van Berckel and the Merchants of Amsterdam came in aid of me, in convincing all that it was their interest to treat us upon the footing Gentis amicissima in all parts of the world.
Friesland proposed that a Right should be stipulated, for the Subjects of their Republic to purchase lands in any of our States: But such Reasons were urged as convinced them that this was too extensive an object for me to agree to—1st. It was not even stipulated for France—2d. If it should be now introduced into this Treaty, all other nations would expect the same, and altho’, at present, it might not be impolitic to admit of this, yet nobody would think it wise to bind ourselves to it forever—3d. What rendered all other Considerations unnecessary was, that Congress had not Authority to do this, it { 391 } | view { 392 } being a matter of the interior policy of the Seperate States—This was given up.
A more extensive Liberty of engaging Seamen in this Country, was a favorite Object; but it could not be obtained.
The Refraction, as they call it, upon Tobacco in the Weigh-houses, is a thing that enters so deeply into their commercial Policy, that I could not obtain any thing, more particular or more explicit, than what is found in the Treaty.
Upon the whole, I think the Treaty is conformable to the Principles of perfect Reciprocity, and contains nothing that can possibly be hurtfull to America, or offensive to our Allies, or to any other Nation, except Great-Britain, to whom it is indeed, without a speedy peace, a mortal blow.
The Rights of France and Spain are sufficiently secured by the 22d. Article, altho’ it is not in the very words of the Project, transmitted me by Congress: It is the same in substance and effect. The Duc de la Vauguyon was very well contented with it, and the States were so jealous of unforseen Consequences from the words of the Article,5 as sent me by Congress and as first proposed by me, that I saw it would delay the Conclusion, without end. After several Conferences, and many Proposals, we finally agreed upon the Article, as it stands, to the satisfaction of all Parties.
The Clause, reserving to the Dutch their Rights in the East and West-Indies, is unnecessary, and I was averse to it, as implying a Jealousy of us. But as it implies too a Compliment to our Power and Importance; was much insisted on; and amounted to no more than we should have been bound to, without it, I withdrew my Objection.
The Proviso of conforming to the Laws of the Country, respecting the external shew of public worship, I wished to have excluded; because I am an Enemy to every appearance of restraint in a matter so delicate and sacred as the Liberty of Conscience; but the Laws here do not permit Roman Catholics to have Steeples to their Churches, and these Laws could not be altered.
I shall be impatient to receive the Ratification of Congress, which I hope may be transmitted within the time limited.

[salute] I have the honor to be, Sir, Your Most Obedt. humble. Servt.

[signed] J. Adams
RC and enclosure in Charles Storer’s hand (PCC, No. 84, IV, f. 193–196); endorsed: “Letter Oct 8. 1782 J. Adams with Copy of treaty of Amity & Commerce & of Convention respecting recaptured Vessels between the States general of the Netherlands & the United States of America Read Jany. 21. 1783 Referred to Mr Madison Mr Hamilton Mr Ellsworth.” The only enclosure with this letter in the PCC is a copy of the States General’s resolution of 17 Sept. (No. X, above), but see note 2 below.
1. This letter constitutes JA’s only account of the negotiations leading to the treaty of amity and commerce and to the convention on recaptures and his only explanation of the reasons for accepting provisions that might be seen as running counter to his instructions. His description of the signing ceremony in the first paragraph should be compared with that in his diary entry for 8 Oct., but see also John Thaxter’s comment on the signing in his 9 Oct. letter to AA (JA, D&A, 3:16; AFC, 5:8–10).
2. Besides this copy, JA sent a duplicate and triplicate of this letter (PCC, Misc. Papers, Reel 1, f. 695–700, 701–707). Congress apparently received signed originals of the treaty and convention and at least two sets of attested copies of the two agreements, but which documents went with this 8 Oct. copy of the letter or with the duplicate and triplicate is unknown. Indeed Congress’ journal for 21 Jan. 1783 states that “a letter of 8 October, 1782, from the honourable J. Adams, was read, accompanied with a certified copy of a treaty of amity and commerce, and of a convention respecting re-captured vessels” (JCC, 24:50). This seems to indicate that Congress first received attested copies of the treaty and the convention and that it was those documents, rather than the signed originals, that Congress ratified on 23 Jan. (same, p. 66–82). None of the copies, either original or attested, enclosed by JA with his letters are in the (PCC, but see Miller, Treaties, 2:89.
3. For the consequences of JA’s failure to send Congress the materials relating to the negotiations and the apparent absence of at least a portion of them from the Adams Papers, see the editorial note to the group document, above.
4. In its report to Congress, the committee to which JA’s letter and the treaty and the convention had been referred agreed with JA. While it noted that Arts. 4, 5, 6, 10, 12, 18, and 22 were different from what had been proposed in the Treaty Plan of 1780, it declared “that on a comparison of the former [the treaty] with the instructions given to the said Minister Plenipo: on the subject, they find that no variations have taken place which affect the substance of the plan proposed by Congress” and thus “the Committee are of opinion that the Treaty ought to be immediately and fully accepted and ratified.” Regarding the convention on recaptures, mentioned by JA in the following paragraph, the committee noted “that although no express authority has been delegated by Congress on that subject,” it “is adapted to the mutual advantage of the parties, and ought also to be forthwith ratified” (JCC, 24:65). At JA’s behest, C. W. F. Dumas exchanged the instruments of ratification on 23 June 1783 (Wharton, Dipl. Corr. Amer. Rev., 6:502). Copies of the instruments signed by Elias Boudinot and Robert R. Livingston that include the text of Congress’ resolutions of 23 Jan. 1783 and the texts, in both Dutch and English, of the treaty and convention are in the Adams Papers and filmed at 23 Jan. (Microfilms, Reel No. 360).
5. For the consequences that the Dutch foresaw from the article as originally proposed, see Adriaan van Zeebergh’s commentary of 25 July, above.

Docno: ADMS-06-13-02-0163

Author: Laurens, Henry
Recipient: Adams, John
Date: 1782-08-25

From Henry Laurens

The anonymos Bill, alluded to, My Dear Sir, in your favor of the 15th. which I was honored with yesterday, I had dismissed at Sight, by a most contemptuos protest, notwithstanding it had been usher'd with great solemnity, boasting a derivation from as good a friend to America as any in Europe and as honest a Man. My friend who said all this, or in terms equal, I know merits that Character in both parts, but I am not so well warranted to answer for all his corre• { 394 } spondents. I perceived in the first Instant he had been bubbled, and with the minds Eye, as instantly fix'd upon the Man, who had attempted to bamboozle, perhaps to embroil us all. I trust my leading marks—for my own conviction they are as infallible as those which to the benighted Traveler point the Boreal Pole. But when proof possitive is wanting, we must adopt silence be Civil and Circumspect; were I however very near you, I should have no scruples against disclosing, at least the Initials of the suspected Nameless, with such circumstantial evidence as would unite your opinion, that, He is the Man.1
Our friend Mr. Jennings writ to me on this affair, some days ago, as from you; a direct communication would have answered all purposes as well and certainly would have been as honorable and as acceptable to me. My answer is full, it concludes, “'Tis a troublesome tho charitable Office, My Dear Sir, you have engaged in upon this occasion, but it may be finish'd by barely transmiting an exact Copy of the foregoing Lines.”2
The transmission has undoubtedly been made, my abhorrence of the infamos scrap, as well as of the projector, is marked in terms which will satisfy you, that no impressions to the prejudice of my friends had been made in my breast. I shall be no more troubled with such diabolical Acts of friendship; and further, whatever unvouch'd informations may come from the suspected quarter, shall be classed in the Column Peut. Etre. to be believed when confirmed. But as you say, Enough of this.
I wish I could as easily dispose of your second proposition; I'll do my best, premising, that I would not so freely Commit myself to every Man.
Can we consistently treat with any Man who has not full Power to treat with the Ministers of the United States of America”? Certainly I think not. But as certainly, that the American Commissioners may treat with any Man, “Authorised to treat with the four Powers at War with Great Britain.” The United States being one of the four, no exception can be had to the deficiency of specification. All the powers being generally comprehended in the power to treat. Hence 'tis to be presumed the process of a Treaty is intended to be with the Ministers of the four Powers; This on the part of Great Britain amounts to a tacit acknowledgement of the United States represented by their Commissioners. These formalities being surmounted, the Treaty of Alliance and the Instructions of Congress will guide your proceedings, which I apprehend will be confin'd within a narrow { 395 } compass, until Great Britain shall propound seperate and special Treaties, in this Case the extent of your authorities will be consulted. Truce or Peace with Great Britain by the joint consent of France and America may be established. The Independence of the United States formally or tacitly assured by a Treaty or Treaties which shall terminate the War, the contracting Parties, F. and the U S. will be at liberty to lay down their Arms.3 The United States will be an Independent Nation and must shift for itself in the general scramble of the World. The countenance and support of the Court of France in the entrance upon Treaty will be essential, the honor and the Interest too of that Court is engaged on our side and I see no cause to suspect the United States personated by Commissioners, will be exposed to slight or indignity. Possibly you may discover the “Authority,” you allude to, is to treat only with three Powers. A Treaty even upon such terms I conceive may be carried into effect, a general Peace take place, and the 8th. Article which is the Pole Star, fully complied with on the part of our Ally. But our Independence must be tacitly or formally assured and the War terminated by a Treaty or Treaties, unless we shall be disposed to fig[ht] G. B. alone. What War? the War which France and America are engaged in with Great Britain and which is made “Common Cause.”
A power, for aught we know, may be lodged in a distinct hand, for acknowledging the Independence of the United States and for treating with them. All this is consistent with the Pride of Kings, we may accomplish our views and contemn their manners. Our Commissioners are equal to the Task assigned to them, I am confident they will harmonize and perform their business honorably and effectually. In obedience to your demand, I have with great diffidence thrown out these suggestions, touching only the points France and America, should they prove unsatisfactory you can easily throw them in the Fire. “Certainly I think not.” might have been made a full answer to your Question, it would have been abrupt and as I conceiv'd disrespectful, therefore I presumed to enlarge in so far, as I judged would not be impertinent.
God forbid there should be time enough for obtaining from Congress an appointment of Mr. Jennings to Secretaryship to the Commissioners for Peace, I hope that Epoch is nearer to us. You know the unavoidable slowness of proceeding in all appointments by that Body; a Day for Nomination, variety of Candidates ineffective Votings and Postponings, Weeks debates on a Salary, and may be finally a Resolve that the appointment is unnecessary. Surely the Commis• { 396 } sioners have an implied power for the purpose—there will be very little to do. If I were one of them I should no more hesitate upon appointing a Secretary than I would upon the purchase of Stationary.
You have been fortunate in establishing so ample a fund for the use of the United States, their Congress will not be so dilatory in Resolves and Orders to the Financeir general for exhausting it, as they would be in appointing a Secretary to the Commissioners, the Ratification however will require no stimulos.
I remember Sir, to have promised you a Copy of the Extracts and Parallels,4 it is not yet in my power, altho' it is still my purpose, to comply. A hot long rapid journey from Bruxelles to Vigan near 800 Miles, involved my Amanuensis5 in much business and fatigue, sick myself all the way, and he often obliged to ride Courier to spare the Servant, whose Eye sight was endangered by excessive heat of the Sun; at Vigan I was twelve days out of fifteen in Bed or confin'd to the Chamber, from thence I traveled in very bad health to Nantes. Here I arrived in a shatter'd state and continued very Ill and drooping to the 11th. Inst. when for the first time in nine Months I buckled up my Shoes, I have Physicked bled and starved out the cause of my disorders, but am left in a feeble condition, not daring to feed, nor to fatigue. A very trifling blast would overset me again. The Young Man in the mean time is gone to Vigan to conduct his Sisters to this place, from whence or from L'Orient or England we shall embark for America, but I trust, before we go time enough will be found for making the Copy. I have said England—Upon being a little puzzled, to find a proper Vessel for the accomodation of my family, it has been suggested that I have a right to demand from the British Ministry a Passage and safe delivery in the United States, at my own expence, in return for the Exchange and safe de[livery?] of Lord Cornwallis at his own House. The reasoning of my friends appears [to me] well grounded, it would be mortifying and it would be unjust th[at] I should be again arrested on the high Seas, imprisoned or restricted, p[lun]der'd and carried far out of my Road; all this might and as times go probably would befal me, were I to embark in an American or French Arm'd-Ship, Congress have made no provision for my return, either directly or by deputation that I can learn of; I am left to struggle through by my own means—thus circumstanced I have written to friends in England to apply for a Passage for myself and family to New York and a Passport from thence to { 397 } Philadelphia.6 Should we succeed you will hear from me before I commence a journey to Calais or on my way thither.
Be so good as to present my respectful Compliments to Monsr. Dumas and to Mr. Thaxter if he is with you, and be assured I am with sincere Respect & Esteem, Dear Sir Your obedient & most humble Servt.
[signed] Henry Laurens
RC (Adams Papers); addressed: “His Excellency. John Adams Esquire Minister Plenipotentiary from the United States of America Hague”; endorsed: “Mr Laurens. Nantes 25. Aug. 1782.” Some loss of text where the seal was removed.
1. Likely an early indication of Laurens' conviction that Edmund Jenings was the author of the anonymous letter.
2. Jenings' letter was dated 1 Aug. and Laurens' reply 5 Aug. (Laurens, Papers, 16:284–286). In the quoted passage from his reply, Laurens is criticizing Jenings' effort to act as an intermediary between himself and JA. From Laurens' comments in this letter and the reply to Jenings, he clearly saw the effort as both presumptuous and unnecessary.
3. In this sentence Laurens quotes from Art. 8 of the Franco-American Treaty of Alliance (Miller, Treaties, 2:38–39). Indeed, this and the following paragraph center on Laurens' interpretation of that article in so far as it related to peace negotiations, an interpretation that was in line with JA's instructions of 1779 and the joint peace commission's of 1781 (JA, D&A, 4:180–183; JA, Papers, 11:374–377). For the resolution of the question of whether a tacit or express recognition of American independence was required before negotiations could begin, see Richard Oswald's commission of [21 Sept.], below.
4. It is not known when this promise was made or to what specifically it refers, but it may have been done during Laurens' visits to JA at The Hague in late May and early June.
5. Henry Laurens Jr.
6. Laurens wrote to several people in England, including Edward Bridgen, Richard Oswald, and Thomas Day, in pursuit of a passport to return to America. On 1 Sept., Day informed Laurens that Thomas Townshend, the home secretary, had granted him a passport, which he received on 18 Sept. (Laurens, Papers, 15:557, 571–572, 604; 16:2).

Docno: ADMS-06-13-02-0164

Author: Laurens, Henry
Recipient: Adams, John
Date: 1782-08-27

From Henry Laurens

[salute] Dear Sir

Soon after I had dispatched a Letter to you this Morning, under the 25th. Inst. I was honor'd by yours of the 18th. but too late for an answer by this days Mail. You inclosed Copy of an old Letter from Mr. Valltravers, which had without doubt been sent to you merely for information that I had given no answer to the original which had cost 5/. in London. The Copy bears the heaviest part of nine Livres, I recd. one from him a few days ago at 6 Livres. too much for a poor fellow who has no public fund in hand for contingent charges. He comes exactly under your description, I must write a short answer to save further trouble,1 for 'tis not in my power to promote his views—but don't forward any more of his Billets, which the Gentleman thinks valuable and honorable in proportion to their bulk.
{ 398 }
The Copy of Mr. Fitzherbert's Commission shall be transmited to Congress by a Vessel for Boston in a day or two.2
I think an answer to your question on “Quorum cunque Statuum &ca”3 anticipated in my last; but if you did not know it before please to remember I am a very indifferent Latinist; as well however, as without assistance, I can hammer out a construction upon the sentence taken alltogether, there's no difficulty on your side; If the British Ministers sit down with, they acknowledge, you.4 acknowledge you to be a State Interested or whom it doth concern and the late Act of Parliament for enabling the King to make Peace &ca. lame as it is, affords a sanction. But remember I plead ignorance. And in that Case you may rest tranquil, regardless of Lord Shelburne's “mind.” But I still see it possible, that a General Peace may be agreed upon, by a Treaty or Treaties, which shall terminate the War, Independence tacitly or formally assured to the United States France and America at Liberty to lay down their Arms and you Gentlemen Commissioners not call'd upon to set down about the business except by the Court of France for your formal consent. This I know was not the meaning of our Ally in 1778. and I have already said, 'tis inconsistent with the honor and the Interest of the Court of France to subject the United States to such an affront, wherefore I am not apprehensive on that score, there is nevertheless a possibility. If the formal Consent is refused, what then? I have given the answer. Congress in that Year or the next bound themselves by a declaratory and explanatory Resolve,5 which only proves that on their side there were doubts, our Ally was pleased by that Act but I know of no mutual obligation. Be this as it may, unless Great Britain has a deep design, first to make a general Peace, submiting to the Letter of our 8th. Article, then to pick a quarrel with us and renew hostilities, she must come to us, in the general Treaty, or seperately, but hand in hand with the other. France will look at this with a jealos Eye, and we have enough in reserve, but the United States should be on their guard and not too suddenly, “lay down their Arms.”6
I have spoken of possibilities, of what may happen; founded on a certain ground of suspicion that the King of Great Britain Aims at effecting a general Peace, without a direct participation by his revolted subjects. Thence the apparent ambiguity of the words you have quoted; I have said, the Court of France will not, or will not suddenly, gratify his humor, there is another Court to whom we are { 399 } not yet known as an Independent Nation; You will receive light from the first serios Convention. I repeat that I would not so freely Commit my self to every Man.
“Don't you wish your self one of the Peace Makers”? I have long since given a possitive answer, and have only to add, the business is in very good hands, three, especialy at this time, is a more convenient and safe number than four, the fourth might prove an incumbrance but could add no weight of abilities. Proceed quietly, don't be embarrassed by appearances, make a good Peace and you shall partake of the blessing you have pronounced.
Mynheer Brantsen gives time for the surrender of Gibraltar and the recapture of St. Christophers &ca. for the evacuation of Charles Town and N. York, events, some of which we may hear of about the day he is to commence his journey diplomatique; to be sure he will enter with a better grace and have the better ground for demanding Restitution and Indemnification, but I should have received more satisfaction had I been assured that yourself and that Gentlemen were already at Paris.

[salute] God bless you & give you success.

[signed] Henry Laurens
The next time a Packet from you comes directed to His Excellency Henry Laurens &ca Mr. Laurens will disclaim it.
1. The copy sent by JA was of Valltravers' letter of 24 March, while the more recent letter from Valltravers mentioned by Laurens was probably of 19 June (both ScL [ScU]). It is not known whether Laurens followed through on his intention, but Valltravers wrote to him on 25 Sept., for which see JA's letter of 18 Aug., note 1, above.
2. The copy of Fitzherbert's commission was enclosed with Laurens' letter of 5 Sept. to Robert R. Livingston (Laurens, Papers, 16:7–10).
3. Closing quotation marks supplied.
4. At this point an asterisk refers to a passage, comprising the following two sentences, that was written below the postscript and intended for insertion here.
5. Laurens is referring to Congress' resolution of 14 Jan. 1779. In a letter of 7 Dec. 1778, Conrad Alexandre Gérard wrote that “it is pretended the United States have preserved the liberty of treating with Great Britain separately from their ally, as long as Great Britain shall not have declared war against the king his master.” In response to the report of the committee to which Gerard's letter was referred, and in which Arts. 1 and 8 of the Franco-American Treaty of Alliance were cited, Congress unanimously resolved, “That as neither France or these United States may of right, so these United States will not conclude either truce or peace with the common enemy, without the formal consent of their ally first obtained, and that any matters or things which may be insinuated or asserted to the contrary therefore tend to the injury and dishonor of the said states”(JCC, 13:61–63).
6. The quotation is from Art. 8 of the Franco-American Treaty of Alliance (Miller, Treaties, 2:38–39).

Docno: ADMS-06-13-02-0165

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-08-28

To Edmund Jenings

[salute] Dr Sir

I have recd your Favour with the Slip from the Gen Adr1 I dread the Sight of the Thing it was so slovenly dressed, but I dont much care about dress you know. I have also recd your favour with the Extract from our Friend at Nantes,2 and I confess it puzzles me Somewhat. I really Scarcly know what to conclude from it—whether he has an Inclination to come here or not, if you candidly, between you and me think he has I will Send a Resignation, and request that he may be appointed.
When he was last here,3 he Said that he had come to look after the Loan, if it was necessary, but that he had no Commission, (I understood him that he had sunk his Comn. at the time of his Captivity.) I told him that the Affair of a Loan was finished, that I had made a Contract with 3 Houses and that every Thing was done and doing in it, that I could do, and explained to him in detail what was done and doing. He was pleased to say, that it appeared to be well done and with prudent Caution. This was all that passed. Without a Commission You see he could do nothing. He never had any other Commission as I understand it, than to borrow Money. Pray give me your Advice upon this.
Our Friend has reason to observe that he had recd no Letters from me. But it was tenderness for him which prevented my Writing. While he was in England, one Line from me, falling by Accident into improper Hands would have excited Jealousies and suspicions against him there wh would have been very inconvenient to him.
I wish with all my Soul he would agree to act in the Commission for Peace. It would be an infinite satisfaction to me to correspond with him upon that subject. I have written him twice lately.4 When he was here he told me that upon the most mature deliberation he had <resigned> declined to act in the Comn for Peace, as I understood him on Account of his ill health, and I Supposed that the same Reason had determined him to return to America. I had then no suspicion that he had the least Inclination to be here.
The Courier de L'Europe Says, an Acknowledgement of American Independance is a breach of the Neutrality.5 This I deny. I think it clear from the Reason of Things, as well as the Practice of Sovereigns that it is not. But if an Acknowledgment is a Breach, it will { 401 } follow that a Denial is a Breach too; so that by this Doctrine the two Empires, and four Kingdoms, have pledged their Faith not to deny American Independance. I should not be sorry to have this Doctrine prevail—But I wish this Point thoroughly examined. Think of it. If I was not distracted with other Things that are Trifles in Comparison, I would Seach this Matter through all the Books as you Lawyers express yourselves. Sovereigns are under a Necessity of following the Powers that be, and cannot pretend to judge of the right, which belongs exclusively to the Nation and their God—and whenever a sovereign, denys the Powers that be it Sacrifices the rights and Laws of Nations and Nature. This has been done—but it is a diplomatic Sin, and the most common Practice has been otherwise. Let Us keep up this Ball and Set all the litterary Sportsmen in Europe to play with it—it can do no harm and may do great good. K of France recd Ambassaders from Cromwell, even when the exiled Family was at his Court. L. 14. recd Ambassader from K. W. 3. When J. 2 was at st. Germains, acknowledged K of England. The Swiss were acknowledged by many Nations in Peace with Austria before, they were acknowledged by the House of Austria. Holland and Portugal were acknowledged by many Powers at Peace with Spain, before she was acknowledged by Spain. The English are setting up a Doctrine which will not bear Examination. Let us attack them.
I wish that petit Projet, which has been printed in the Courier du Bas Rhin the Leyden Gazette and Courier de L'Europe were translated into the English Papers. The Politicians in England, studiously conceal from their public every Thing which tends to familiarize the People and the World with the Idea of American Independance. I want to have certain State Papers which you hint at, inserted in the English Papers and in the Remembrancer and annual Register.6 This is the way for Fox and his Train to carry their Point, but they dont seem to know what they are about. They publish every Kind of Trash for Remplissage7 and neglect every Thing that is to the Purpose.
RC (Adams Papers); endorsed on the first page: “Recd. Augst. 28th. 1782.”; on the fourth page: “His Excellency Mr Adams Augst. 28 1782.”
1. See Jenings' letter of 22 Aug., and note 4, above.
2. Of 11 Aug., above, containing extracts from Henry Laurens' letter of 5 Aug. to Jenings.
3. For Laurens' visit to Jenings in June, see JA's letter of 5 June to Jenings, note 2, above.
4. On 15 and 18 Aug., both above.
5. This observation appeared in the Courier de l'Europe of 20 Aug. and was made with reference to the appearance in some foreign papers of JA's A Memorial to the Sovereigns of Europe, [ca. 5–8 July], above. There the editor promised to publish the { 402 } memorial—the “petit project” that JA mentions in the final paragraph—and did so in the Courier of 23 August.
6. Presumably JA's A Collection of State-Papers, for which see Jenings' letter of 22 Aug., note 3, above.
7. That is, for filling, rather than for substance.

Docno: ADMS-06-13-02-0166

Author: Adams, John
Recipient: Staphorst, Nicolaas & Jacob van (business)
Date: 1782-08-28

To Nicolaas & Jacob van Staphorst

[salute] Gentn

I recd in due Time your Favour of the 13. The inclosed Account of 13f.14s. I return with my Request that you would be So good as to pay and charge it to my private Acct with your Society, which I will pay when I come to Amsterdam. Inclosed also is another little Account of f.7.16s due to a Copper Smith, which I pray you to pay and charge it in the Same manner. Inclosed also is a third Account for 40 f.1 which you will also be so good as to pay and charge it in the Same manner. You will be so good as to take Receipts upon all these Accounts.
The other Matter respecting the Refracteries shall be attended to. I have endeavoured to procure all the Attention to it, which I could and I believe it will be stipulated that it shall be regulated by the magistrates in the most equitable manner.2

[salute] I have the Honour to be &c

1. JA wrote two additional letters to the Staphorsts on this date, both LbC, Adams Papers. The first requested that the firm transmit a letter from Tristram Dalton to William Armstrong that Dalton had enclosed in his to JA of 25 May, above, and if he could be found, provide him with assistance. The letter is canceled and likely was not sent, perhaps because JA had received Dalton's letter of 19 July, above, indicating that Armstrong had escaped. The second letter requested that the firm provide assistance to Silas Talbot and Josiah Haynes, who were imprisoned at Plymouth's Mill Prison.
2. This, in fact, was the way in which the treaty finally dealt with this question of refraction. See the revised Art. 30 in JA's draft and Art. 28 in the final version of the treaty signed on 8 Oct. (The Negotiation of the Dutch-American Treaty of Amity and Commerce, 22 Aug. – 8 Oct., Nos. II, III, and IX, above).

Docno: ADMS-06-13-02-0167

Author: Adams, John
Recipient: Adams, Samuel
Date: 1782-08-29

To Samuel Adams

[salute] Dear Sir

The King of England has Sent Mr Fitzherbert to Paris with a Commission to treat of Peace, with his dear Brother the King of France and with the Ministers of the states General, and of all other Principum et Statuum quorum interesse poterit. The States General { 403 } have appointed Mr Brantzen to make Peace too but in concert with France and the other belligerent Powers. Mr Brantzen is not yet gone but he told me two days ago that he should set off in a few days. The Object is to see if they can agree upon Preliminaries at Paris, previous to a general Congress. Dr Franklin and Mr Jay are to inform me by Expresses of what passes. But the Earl of Shelburne, is very Secret and misterious. He is afraid of opposition at home.
The Success will depend upon Events, the Fate of Gibraltar, the East Indies, New York &c. Mr Laurens declines acting in the Commission for Peace for which I am very Sorry as well as that Mr Jefferson is not arrived.
The English are humbled and depressed to a degree, but not unanimously So. There is a great Body that still blusters and vapeurs, and the Refugees are indefatigable in irritating these, to recommence offensive Hostilities in America. Any Signal Success would enable them to carry the Point, but there is no Probability of Such success. Releiving Gibraltar which would be a brilliant Event, would however not have the Effect because tho a great Thing would be saved, Yet nothing would be positively gained by it.
It is not possible to Say how long England may hold out: but her Distresses increase and new Embarrassments are rising up. Scotland is now in Motion—all Such Things however operate slowly and faintly, in reducing the Fury of the Nation, and Still more so in convincing the King, to whose will Shelburne seems as much devoted as ever North was.
Means are still found to bouy up, the Hopes of a Party, that Some Conquest or Conciliation may yet be effected with America, and it will never cease to be so, while they have so many hired Lyars in their Pay, who stick at nothing however gross and nothing is too gross to impose.

[salute] With my best Respects to your Family, I am, my dear sir Yrs

RC (NN: George Bancroft Coll.); endorsed: “Letter from JA Hague 29 Augt 1782.”

Docno: ADMS-06-13-02-0168

Author: Adams, John
Recipient: Lee, Arthur
Date: 1782-08-29

To Arthur Lee

[salute] Dear sir

I have a great Mind to envy your Situation or to wish myself with you in Congress where I Should have less Anxiety and more health, if not an opportunity to do more good.
{ 404 }
The Mynheers have overcome most of their Terrors and are now well fixed, in the good System. They will hearken to no Seperate Proposals, and therefore will make an important Diversion in our favour although they Should not Succeed in their Endeavours, to excite the Court to more Strenuous Exertions.
We have Succeeded, to obtain a Small Loan. There is near a Million and an half of Guilders obtained, to be paid upon the rect of the Ratification of the Contract.
The Deputies of the Provinces have generally re[ceive]d their Instructions concerning the Treaty of Commerce, and I am daily in Conference upon the subject. It is slow Work but in time it will be finished, to mutual satisfaction as I believe.
Fitzherberts Powers are to treat with France, the states Gen. and the Ministers of all other Principum et statuum quorum interesse poterit.
Mr Brantzens Powers are to treat in concert with France and all the other Powers at War with England but to agree to no Peace or Truce but in Concurrence with them.
I dont like, very well, the Idea of any Conferences before, a British Minister has Powers to treat with the Ministers of the United states in so many Words: and think that if We had refused, to treat till that time Shelburne would have been forced to come into Fox's Plan. Possibly however they may agree upon Preliminaries. But I have not very Sanguine hopes of it.
I should be very glad to hear from you as often as your important Engagements will permit1
RC (Adams Papers). This is one of twelve letters from JA to Arthur Lee that Lee's grandnephewgrandson, Richard Henry Lee, returned to JQA after using them in his Life of Arthur Lee, LL.D. (2 vols., Boston, 1829). For additional information on the return and JQA's reaction, see vol. 7:127–128.
1. This letter was originally written on a sheet folded to make four pages. At some point, probably after the letter was returned to JQA, the third and fourth pages were removed, thereby losing the letter's final sentence and the signature. As printed in the Life of Arthur Lee, LL.D., 2:244–245, the letter ends, “Meantime I have the honour to be, with great esteem, your most obedient, John Adams.”

Docno: ADMS-06-13-02-0169

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-08-29

From Edmund Jenings

[salute] Sir

I Am honoured with the Receipt of your Excellencys Letter of the last Post.1
{ 405 }
The Letter of which I gave your Excellency an Extract about a fortnight Ago2 made me very Uneasy, as it shewed me there was a misunderstanding somewhere—I could wish your Excellency would clear it up by a Letter to our Friend at Nantes. I fancy He imagines that His name is joined with yours in the Different Commissions, your Excellencys assurances that it is not, will clear up his Doubts, and account for your Conduct towards Him whilst in Holland.
I Heartily wish that my Correspondent in London had ushered into the world the Letters in a better dress. I herein inclose the first that has appeared.3
I have written at several Times various matter for insertion in the public Papers, but I Know not whether it has come to hand—Mr Lee4 tells me that all Letters by the Way of ostend are opened and that Passengers are Examined strictly—I will endeavour however to convey the State Papers over and have some notice taken of the Suggestions which your Excellency has thrown out. I agree with your Excellency that the more such Questions are agitated, the better will it be.
For the Cause of Truth, Justice and Humanity, a Familiarity with Strange names strange Ideas and Strange Facts will soon naturalize them. I think if I was in England now I could work to a good purpose. I am told that Ld Shelburne pays great Court to the Bedford party, He has taken a good method to get into the good graces of the Dutchess. He gives Her a good Rent for Her House at Streatham.5 However no one thinks that He will be able to stand unless He meets with Uncommon Sussecss. I fear for the Combined fleet. The Winds have been to High. The Peace is at Gibraltar.

[salute] I have the Honour to be Your Excellencys Most Obedient Humble Servt

[signed] Edm: Jenings
1. [28 Aug.], above.
2. This is Henry Laurens' letter to Jenings of 5 Aug., portions of which Jenings included in his to JA of 11 Aug., above.
3. Presumably the first of JA's “Letters from a Distinguished American,” which appeared in Parker's General Advertiser and Morning Intelligencer of 23 Aug. (vol. 9:541–545).
4. William Lee.
5. Because of the distance to his residence at Bowood in Wiltshire, Shelburne leased Streatham Park, a Georgian mansion built by a brewer, Ralph Thrale, in 1730 on land purchased from the 4th Duke of Bedford. The house passed to Ralph's son Henry, who died in April 1782. It was presumably from Henry's wife, Hester, rather than the Duchess of Bedford, that Shelburne leased the residence. Streatham is located in the London borough of Lambeth, south of Brixton (www.Thrale.com, 12 April 2005).

Docno: ADMS-06-13-02-0170

Author: Livingston, Robert R.
Recipient: Adams, John
Date: 1782-08-29

From Robert R. Livingston

No: 10

[salute] Dear sir

Near five months have elapsed since I have been favoured with a line from you. Your letter of the 4th. of March is the last that has as yet found its way to America.1
Let me entreat you, Sir, to reflect on the disgrace and discredit it brings upon this department to be kept thus in the dark relative to matters of the utmost moment, and how impossible it is without better information to declare the designs or wishes of Congress since they must be in some measure directed by a State of their affairs in Europe, and yet, Sir, they have hitherto been left in a great measure to collect that state from private Letters, common newspapers or the communications of the Minister of France. There is another circumstance in which the reputation of our ministers themselves is materially concerned. Letters announcing a fact that is well known before their arrival lose half their force and beauty, they cease to be interesting and are read with indifference. You have done yourself great injustice frequently in this way, for tho' your Letters have generally been particular, yet from not being Sufficiently attentive to the means of conveyance we frequently have had the facts they related publishd in the newspapers a month before their arrival. As one instance out of many, we received with your Letter of the 11th. of March, Amsterdam papers of the 30th. which informed us of the determination of Holland relative to your reception. We are told that you were received in your public character the 19th. of April, and yet, Sir, we have not to this hour had any official information on that head. I am ready to make every allowance for the miscarriage of Letters, but this should only urge our ministers to multiply the number of their copies, particularly where the subject of them is important. I feel myself so hurt at this neglect, Congress are so justly dissatisfied at seeing Vessels arrive every day from France without public Letters at this very critical period from any of our ministers, that I fear I have pressed the subject farther than I ought to have done. If so, be pleased to pardon my Earnestness, and to impute it to my wish as well to render this Office more useful to the Public as to enable you to give Congress more ample satisfaction.
{ 407 }
The advantages which will be derived to these states from the acknowledgement of their political existence as an independent nation, are too many and too obvious not to be immediately and sensibly felt by them. I sincerely congratulate you on having been the happy means of effecting this beneficial connection. We may reasonably hope that your official letters will detail the progress of so interesting an Event and thereby enable us to form some judgment of the nature and principles of the government of the United Provinces. From the zeal that they manifest to us I should hope that you would find no great difficulty in the accomplishment of one great object of your mission, the procuring a loan, which neither the probability or the conclusion of a peace will render unnecessary. On the contrary, I am inclined to believe that our wants will be more pressing at the close of the war when our Troops are to be paid and disbanded than at any other period, and as it seems to have been your sentiment hitherto that money could be procured when our political Character was fully known, I venture to hope that you have availed yourself of your present situation to obtain it.
Genl Carleton and Admiral Digby, (presuming I suppose that our ministers were not the most punctual correspondents) have been pleased to inform us thro' the Commander in Chief that negotiations for a general peace are on foot. If so, I presume this will find you in France.2 In addition to the great objects which will become the subject of discussion, and on which you are fully instructed, I would wish again to repeat one that I have mentioned in my last to you3—that materially interests us—I mean the procuring a market for lumber and provisions of every kind in the West Indies. Should France pursue her usual system with respect to her Colonies, and England follow her example, the shock will be severely felt here, particularly in the states whose Staples are flour, beef and pork. But should either of them be so fully apprized of their true interest as to set open this market at least for these Articles, the advantage they will derive from it must compel the others to adopt the same system. I need only mention this matter to you, the Arguments to shew the mutual advantage of this Commerce to this country, the Colonies and the parent States, will suggest themselves readily to you and be suggested by you to those we are interested in convincing. The turtle and fruit of the Bahama Islands have formed powerful connexions among the good eaters and drinkers of this country. I recommend their interests to your care; they flatter themselves their { 408 } friends the spaniards will not interrupt their ancient alliance if those Islands should remain in their hands. I have already transmitted you an Account of the Evacuation of Savannah.4 The enclosed papers contain a proclamation of General Leslie announcing that of charlestown, and generously offering to provide for the transportation of the Royalists to East Florida where the climate will doubtless aid Administration in the proposed reduction of the list of Pensioners.5 The fleet under the Marquis de Vaudreuil has unfortunately lost a seventy four by striking a rock in the harbour of Boston. Congress have endeavoured to compensate this loss by presenting his most Christian Majesty with the America.6
I have caused two quarters salary to be remitted to Doctor Franklin on your account, for which you will be so obliging as to send me your receipt. I must again press you to appoint an Agent to receive your money here as I act without any authority at present, which I must decline the hazard of doing in future.

[salute] I have the honor to be, sir with great respect & Esteem Your most obedt humble servant

[signed] Robt R Livingston
RC (Adams Papers); endorsed: “Mr Livingston 29. Aug. 1782 N. 10.”
1. The date of the letter referred to by Livingston is either an inadvertence by him or a copying error by his clerk. JA wrote on 11 March, not the 4th, and Livingston refers specifically to that letter in the next paragraph. The letter of the 11th was the most recent to reach Livingston, having arrived on 31 May, but the last letter by JA that Livingston had received was of 19 Feb., which arrived on 22 July (vol. 12:308–310, 240–245; PCC, No. 185, III, f. 29, 35). The next batch of JA's letters to reach Congress arrived on 11 Sept. and included eight letters written between 19 April and 5 July (PCC, No. 185, III, f. 41).
2. In fact this letter reached JA at Paris on 4 Nov., and he replied on the 6th (Wharton, Dipl. Corr. Amer. Rev., 5:854–858).
3. Of 4 July, above.
4. No letter from Livingston enclosing an account of the British evacuation of Savannah on 11 July has been found.
5. It is not known what papers Livingston sent that contained Gen. Alexander Leslie's proclamation of 7 Aug., signed by his secretary, Edward Scott, but it was printed in Rivington's Royal Gazette of 28 Aug. and in the Pennsylvania Gazette of 4 September. Livingston's summary of its content is accurate.
6. For the presentation of the America to France, see JA's letter of 12 Aug. to John Paul Jones, note 2, above.

Docno: ADMS-06-13-02-0171

Author: Adams, John
Recipient: Jenings, Edmund
Date: 1782-08-30

To Edmund Jenings

[salute] Sir

The inclosed Copies will shew you, the State of Matters.1 Besides these I have a Letter of Credence to their H. M.2 which has been presented accepted and recorded, long since; this Letter of Credence is as Minister Plenipotentiary. I have also recd another Commission for other Purposes not yet public.3 But Mr L. is named in none but that for borrowing Money, but so named in that that he { 409 } can do nothing, without his original Commission or a new one, as you See.
The Captivity of our Friend together with certain Intrigues of Passy Seems to have induced Congress to alter their Plan, by sending me full Powers to this Republick and by changing the Commission for Peace, by putting Mrs Lawrens, F. and J. and J with me into that.
Thus you See that it is impossible for Mr L. without a new Commission to do the least Thing in this Republick, even in the affair of borrowing Money, and I am under a Necessity of remaining here to finish the Treaties &c untill relieved by Congress. Will you be So good as to transmit these Copies, to Mr. L.—They will go Safer under your Cover, than mine.
I thank you for another Slip.4 The only Way to oblige Shelburne to do his Duty or to retire is to familiarise the People to certain Strange Names Faces and Facts as you observe. I Should think Fox and Burke Men of sufficient Experience to know the Influence of the publick Papers which form the publick opinion. Yet they have never Supported any one Paper. Nor did the late opposition as I could ever learn, ever support one. It is no great matter whether what is Said is well Said or not, provided the Nation is made to talk and think of what is right. Hold up the Object continually, in various Light and they will in time see the right Side. But the well disposed Party in England, if there is one, have constantly observed an opposite Conduct. They have concealed every Thing from the People, which they ought to know. Not a Paper dares use the Words “United States of America.” These Words constantly repeated would Soon frighten, Shelburne out of his feeble Entrenchments.
I am fully of your Mind that you could work to great Advantage in England at this Time. But I cant advise you to go because of the Suspicions it would excite. No American Setts his Foot on British Ground, without raising against himself, violent Jealousies, and it would put it in the Power of those who wish for nothing but Advantages right or wrong to make a use of it, which would do more harm, than you could do good by going.
The whole Story of Vaughan and Grafton, I remember very well. Pray wt is he about at Paris? Is oswald there too? If they have any Thing to say, it is wholly concealed from me.5 I know Fitzberberts Comn., it is to treat with the K. of Es. dear Brother the K. of France, (French King) and with the Ministers “ordinum6 Generalium federati Belgii, et omnium Principum et Statuum quorum interresse poterit.” Is this enough to authorize Us to treat with him? I { 410 } know what my opinion wd be, if I were alone, as I was a year ago. I would put an instant End to this Negotiation, (as Stubbornly as you please) and give Fox and Burke full Scope. But Providence has prevented this by disarming me, no doubt for my good as well as that of our Country. I have one general Consolation for all present Evils. Our Country is so happily circumstanced, that all present Evils will be compensated by greater future good. Every Thing turns to the Advantage of such a Country in the End.
My Imagination has been warmed, and my Heart enflamed, by the Contemplation of that vast Scaene which is opening in the West: So that I am not much affected with Measures that appear to me wrong at present. We have nothing to do, but march intrepidly on. My Countrymen the Mastmen, with an hundred yoke of oxen in a String, dragging a Pine stick through Swamps and stumps, never stop for an ox, that stumbles and breaks a leg or his Neck. They drag the lame or the dead ox along, as if nothing had happened. They dont even stop to flogg a vicious ox who kicks or gores but rather Sperit up the rest of the Team, to force him into his Place, in order for his own Preservation.
RC (Adams Papers); endorsed: “His Excellency Mr Adams Augst 30t. 1782.” LbC (Adams Papers).
1. In his reply of 5 Sept., below, Jenings indicated that three papers had been enclosed, and he identified them as commissions. From JA's comment in the final sentence of this paragraph, it is possible to tell that one of the copies almost certainly was his commission of [20 June 1780] to raise a loan in the Netherlands in place of Henry Laurens (vol. 9:452–453). The second was likely his commission of [29 Dec. 1780] to conclude a commercial treaty with the Netherlands (vol. 10:449). The third document cannot be identified.
2. Of [1 Jan. 1781] (vol. 11:1).
3. JA's commission of [16 Aug. 1781] to conclude a tripartite alliance with France and the Netherlands (vol. 11:453–454).
4. “Letters from a Distinguished American,” No. 1 (vol. 9:541–545).
5. In the LbC the text from this point to the end of the paragraph is underlined.
6. Opening quotation marks supplied from the Letterbook.

Docno: ADMS-06-13-02-0172

Author: Dana, Francis
Recipient: Adams, John
Date: 1782-08-30

From Francis Dana

[salute] Dear Sir

I received your letter of Aug: 7th. yesterday afternoon, and at the same time the packet you mention. I thank you most cordially for your sentiments upon “something of consequence”: but I am no longer at liberty to pursue a course like that you point out. My la[st] dispatches, which I presume you did not read, tho they came open under your Cover, are clear and decided upon that affair. I am glad of it. They have relieved me from much anxiety.1 By the way the or• { 411 } dinance relative to marine affairs which I am told is enclosed,2 has not accompanied the letter. If it lays with you, pray forward it by the first post, and bear in remembrance my request about your treaty—oblige me if possible—I have not recd. the Genl's: picture. I wish you had thought to mention by whom you sent it, that I might have made enquiry about it. If Mr: Thaxter shou'd not have sailed, pray beg him without fail, to buy two sets of Nugent's New Pocket Dictionary French and English printed for J. Ash London 1778. and to present one set to my new correspondent and the other to Mrs: Dana.3 If he shou'd have sailed will you please in my name to present my correspondent with one set by the earliest opportunity. Mrs: D. may wait awhile, she is not so pressed to learn French, and let me know when you send it, or whether M. T. takes them.
Who is your present assistant, I think your letter is not the old hand.4 The enclosed you will be kind enoh to forward by the earliest opportunity. The one you will receive mark'd duplicate, is a copy of it. They must therefore go by different vessels; let this be attended to.
Your slow stepped people have shown the world they can occasionally assume the quick step, especially when they are apprehensive something is to be lost, or in danger of being lost if they dont strike into it. They marched in pretty good time with your Musicians. Now they have got to the Top of the Mountain, they must be allowed some time to take new breath, and to look about them; perhaps the heighth of it has made them a little dizzy when they cast an eye down upon their Flatts. They will soon feel the benefit, it is to be hoped, of a freer air, and acquire a degree of elasticity they have long been wholly unaccustomed to—Health to their Body Politic.
Fox's system wou'd save the British Nation from destruction: but it hath pleased Heaven to pour down upon their heads a few more vials of wrath, for their abominable abominations.
Adieu my dear Sir. May God defend, save, and prosper our Country.
Your's affectionately
[signed] FRA DANA
RC (Adams Papers); endorsed by John Thaxter: “Mr. Dana 19/30 August 1782.” Some loss of text due to wear at the fold.
1. The dispatches included copies of Robert R. Livingston's letters of 2 March and 22 May, to which Dana replied on the 30th (Wharton, Dipl. Corr. Amer. Rev., 5:209–213, 436, 679–680670; and above). It was the letter of 2 March that relieved Dana's anxiety, and specifically Livingston's admonition that “You will continue, I presume, to appear only in a { 412 } private character, as it would give Congress great pain to see you assume any other without an absolute certainty that you would be received and acknowledged.” Essentially this meant that Dana should do nothing to execute his mission as minister plenipotentiary to Russia, a state of affairs that reflected the longstanding French attitude, expressed by the French minister at Philadelphia in May 1781, that “the appointment of Mr. Dana . . . appears to be at least premature, and the opinion of the council is that this deputy ought not to make any use of his powers at this moment” (same, 4:453). On 10 May, in a letter that he submitted to Congress and enclosed with his of 29 May, Livingston made the prohibition against Dana's acting even more explicit, and on 27 May, when Congress returned the letter to Livingston, it resolved, “That Mr. Dana be instructed not to present his letters of credence to the Court of Petersburg, until he shall have obtained satisfactory assurances that he will be duly received and recognized in his public character” (same, 5:410–414, 446–447; JCC, 22:301).
2. Mentioned in Livingston's letter of 2 March, it is presumably the 2 Dec. 1781 “ordinance, ascertaining what captures on water shall be lawful” as amended on 26 Feb. 1782 (JCC, 21:1153–1158; 22:99–100).
3. It is not known whether Thaxter procured copies of Thomas Nugent's work and sent them on to their intended recipients, but a copy of the 1781 edition of The New Pocket Dictionary of the French and English Languages (Corrected and Improved) by J. S. Charrier is in JA's library at MB (Catalogue of JA's Library).
4. The letter was in Charles Storer's hand rather than the more familiar one of John Thaxter.

Docno: ADMS-06-13-02-0173

Author: Jay, John
Recipient: Adams, John
Date: 1782-09-01

From John Jay

[salute] Dr Sir

I am this moment informed of a safe opportunity of conveying you a Letter, and as such another may not soon offer, I must not omit it.
My opinion coincides with yours as to the Impropriety of treating with our Enemies on any other than an equal footing. We have told mr Oswald so, and he has sent an Express to London to communicate it, and to require further Instructions. He has not yet recd. an answer. Herewith enclosed is a Copy of his Commission.1 Mr Vaughan has no public Character. Mr Fitzherbert is employed to talk about Preliminaries with this Court. Nothing I think will be done until the Return of Mr Oswalds Express. We shall then be enabled to form some Judgment of the british ministry's real Intentions.
Adieu. I have only time to add that I am with great Esteem Sir Your most obt. Servt
[signed] John Jay
1. This is Oswald's commission of 25 July. A copy of that document, possibly the one enclosed by Jay is in the Adams Papers at that date. The most obvious difference between the commissions of Alleyne Fitzherbert and Richard Oswald is that Fitzherbert's appointment to negotiate a peace treaty was done under the King's inherent power to conduct foreign policy and appoint diplomatic representatives, while Oswald's was done pursuant to the statute, 22 George III, ch. 46, assented to in June, enabling the King to conclude a peace or truce with America. But the principal problem posed by Oswald's commission was that it failed to mention negotiations with the United States of America. Instead it authorized, empowered, and required Oswald “to treat, consult { 413 } of and conclude with any Commissioner or Commissioners, named or to be named, by the said Colonies or Plantation, or Plantations, and any Body or Bodies Corporate or Politic, or any Assembly or Assemblies, or Description of Men, or any Person or Persons whatsoever, a Peace or a Truce with the said Colonies or Plantations, or any of them, or any part or parts thereof.” For the change in wording that made negotiations possible, see Oswald's second commission of [21 Sept.], below. JA included Oswald's 25 July commission, probably derived from the copy sent by Jay, in his letter of 16 Sept. to Robert R. Livingston (PCC, No. 84, IV, f. 169–172), but for the text of the commission see Wharton, Dipl. Corr. Amer. Rev., 5:613–614.

Docno: ADMS-06-13-02-0174

Author: Jenings, Edmund
Recipient: Adams, John
Date: 1782-09-01

From Edmund Jenings

[salute] Sir

I have not heard from Mr Lawrens since He sent me the Letter of a part of which I have sent your Excellency a Copy but Mr Lee tells me that He has written to London demanding a Passport to go from thence to America as He finds a difficulty in getting a safe Passage there from France. My Friend in London1 writes me that the Passport is granted at the request of Lord Cornwallis.
I Know not whether Mr Lawrens will come this way, should He do it—I wish I had your Excellencys Leave to explain to Him the grounds of your Conduct towards Him, which I should be glad He saw in a clear Light.
I inclose a continuation of the Letters &c.2 I have seen your Excellencys name mentiond frequently of late in the news papers.3
The State Papers shall be sent for Publication—I should be glad to Know what news papers of England Your Excellency has an Opportunity of seeing.
A Ship has brought Letters from Baltimore as late as the 14th of July—they say that the Trade is almost Annihilated by the English Cruisers. That the people are dissatisfied with the heavy Taxes which they are unable to pay and that by Consequence the Army is unpaid—that the Old Mr Carrol and the Lady of the Young one are dead.4
I am with the greatest Consideratn Sir Your Excellencys Most Obedient Humble Sert
[signed] Edm. Jenings
1. Probably Edward Bridgen, from whom Laurens had requested assistance in obtaining a passport, for which see Laurens' letter of 25 Aug., and note 6, above.
2. This was probably the second of JA's “Letters from a Distinguished American,” which had appeared on 27 Aug. (vol. 9:545–550).
3. The specific newspaper comments to which Jenings refers have not been identified, but the Morning Herald and Daily Advertiser of 24 Aug. reported that on 15 Aug. JA had given “a splendid entertainment to several of the Foreign Ministers, &c.,” and the London Chronicle of 24–27 Aug. and Parker's General Advertiser and Morning Intelligencer of 27 Aug. indicated that on 22 Aug. JA had met with a committee of the States General.
{ 414 }
4. Charles Carroll, father of Charles Carroll of Carrollton, died on 30 May 1782. Mary Darnell Carroll, wife of the younger Charles Carroll, died on 10 June (Ellen Hart Smith, Charles Carroll of Carrollton, Cambridge, 1942, p. 216).

Docno: ADMS-06-13-02-0175

Author: Adams, John
Recipient: Jay, John
Date: 1782-09-02

To John Jay

[salute] Dr Sir

I wrote you on the 10th. 13th. and 17th. of August, but have no Answer as yet to either Letter. All is well here, and will not only remain so but grow better and better.
Since it is from Bows and Smiles and Invitations to Dinner and Such kind of Indications that We are to collect the deep Politicks of Courts, I Suppose I may augur well for your Negotiations with Spain, because I have lately received a polite Invitation to Dine at the Hotel D'Espagne ici. The Spanish Minister however, has been very complaisant, ever Since my Reception here. But although he Sometime Since did me the Honour to dine with me he never has asked me to dine with him till now.
I presume you have Seen A Copy at least of Fitzherberts Commission. If not I will Send you one. I have also another Paper, of consequence to communicate to you, but I must intreat you, to keep wholly to yourself the Source from whence you derive this or any other Intelligence you may get from me.1
You know very well the Terms upon which you and I have ever been. We have often differed in opinion upon Politicks and Supported our opinions with Ardour: but notwithstanding this I have ever had a full Confidence in your Honour and firm Attachment to the Cause of our Country. And there has never to my Knowledge been any Misunderstanding between us. I Sincerely hope there never will, and on my Part there will never be given any occasion for it. We may differ in opinion again, without diminishing Esteem or Affection. But there are Persons in the World who will use all the Arts of the Devil to breed Misunderstandings between Us. Let Us agree to be upon our Guard against them.

[salute] With great Regard, I have the Honour to be, &c

LbC (Adams Papers); notation: “not sent.”
1. The “Paper, of consequence” was probably the instructions given to Gerard Brantsen, the Dutch peace negotiator, for which see JA's letter of 18 Aug. to Robert R. Livingston, above.

Docno: ADMS-06-13-02-0176

Author: Adams, John
Recipient: Livingston, Robert R.
Date: 1782-09-04

To Robert R. Livingston

[salute] Sir

Your Triplicate of March 5. No: 5.1 Triplicate 22d. May. No. 6 Duplicate. 29th. May No: 7 and Duplicate of 30th May No: 8. together with the dispatches for Mr: Dana2 came to hand yesterday.
The judicious enquiries in that of March. 5th. are chiefly answd. in the enclosd: pamphlett,3 wh: I have caused to be printed, in order to be sent into England, Scotland and Ireland, as well as America. You will find most of your questions answered by great bodies of merchants, manufacturers and others in the first instance and by the States of the several separate Provinces in the next place, and lastly by their High Mightinesses.
I wish the Truth would warrent a more satisfactory account of the Ships prepared and preparing for Sea. Those prepared are employed, by concert with France, in the North Sea where they make a usefull diversion, having lately obliged Lord Howe to detach a considerable number of Ships, and the last accounts say to go himself, with fourteen ships of the Line, in order to protect the Trade fm the Baltic, wh: has certainly retarded, possibly wholly prevented, the relief of Gibralter. This however is not certain. I cannot assure Congress of more than twelve Dutch Ships of the Line ready for Sea: Some of that number are not in a good Condition—not more than two or three can be depended on, to be added in the course of this Season.
As to the leading members of the great Council, We must distinguish between the Assembly of the Deputies of the States-General, and the assembly of the Deputies of the States of Holland and West-Friesland: The grand Pensionary of Holland, who is always a member of the Assembly of their High-Mightinesses, is constitutionally the most leading member. Mr. Van Bleiswick is the present grand Pensionary. With him I have frequent Conferences and they have always been agreable. But the situation of this Minister is at present extremely critical and embarassing. In former times, when there was no Stadtholder; or, at least, when his Authority was less extensive, the Grand Pensionaries of Holland, have been, in effect, Stadtholders. They have been a center of Union for all the Provinces; but being more immediately connected with and dependant on, the Province of Holland, they have been suspected, by the other Provinces, to give too much weight to that wh. has caused them to { 416 } attach themselves to the Stadtholders as a more impartial support to the whole States.
To speak candidly, a competition between these two great Interests and these two high Offices seems to have been the Cause of the violent storms in this Country. But as the Stadtholders have had the military power by Sea and Land at their disposal, and, by the Pomp and Splendor of a Court, have had the means of imposing more upon the nation they have, by degrees prevailed. At critical dangerous Times tragical Scenes have been exhibited—and Barnevelt's head was struck off at one time, Grotius escaped by a sort of miracle, and the De Witts were torn in pieces, it is scarcely too bold to say by the open or secret commands or connivance of Stadtholders.4 The Stadtholders power since the year 1748. untill this year, has been so augmented, and the grand Pensionaries so diminished, that Mr: Bleiswick is to be pitied—more is expected of him than he can perform. He is between two fires—the Stadthouderian party on one side, and the Republican on the other. The Consequence is, that he manages both as well as he can, So extremely cautious and reserved, never explains himself but in Cases of absolute necessity, and never attempts to assume the lead. If he were to attempt to act the part of some former Grand Pensionaries, the consequence would be, either, he would not be supported, and would perish like Barnevelt or De Witt; or, being supported, the Stadtholdership must give way, and the Prince fly to his Estates in Germany. Mr. Van Bleiswick is a great Scholar, Linguist, natural Philosopher, Mathematician and even Physician—has great experience in public affairs, and is able and adroit eno: in the conduct of them. But not having a temper, bold and firm eno: or perhaps loving his ease too much, or not having Ambition or Patriotism or Zeal or Health eno: to assume a great and decided Conduct, he is fallen in his Reputation. They suspect him of Duplicity; and, in short, measures are prepared and bro't into the States of Holland without his Consent or previous knowledge and there carried—a thing unknown untill these days.
Another great Officer of State who has constitutionally Influence in the Assembly of their High-Mightinesses, is the Secretary, Mr: Fagel. This Gentleman is of a family, wh: has ever been zealously attached to the Statholder, and consequently to England, and strongly prejudiced against France. His Ancestor was made grand Pensionary in the place of the murdered and immortal De Witt, and fm. that time to this the family have been, invariably, friends to the { 417 } Princes of Orange and to England, and Ennemies to France.5 The present Secretary does not bely his lineage. He is supposed to be the least satisfied, with the new Conventions with us and with France of any man. I have had several Conferences with him. He is a venerable man of seventy, is polite, and has always been complaisant eno: to me. But Congress will easily see from this sketch of his Character, that he is not the man for me to be intimate with. There is a new President of their High-Mightinesses every week. I have had Conferences with several, Mr: Tjassens, Mr: Van Citters, Mr: Boreel, Mr: Van den Sandheuvel, and the Baron Linden de Hemmen. But this continual variation prevents any one, fm. acquiring esteem and weight fm. the Office, so that they are be considered only as common members of the Assembly.
There is a Nobleman, the Baron de Linden, who belongs to the Province of Zealand, and was formerly Ambassador in Sweden, and afterwards appointed to Vienna, but refused to go. I have had the pleasure of a great deal of Conversation with him and his advice has been usefull to me.6 He is a sensible and worthy man and his Sentiments are very just. He has been now for some months in Zealand, but the world has seen several striking effects of his presence in that Province. He is much in opposition to the Duke of Brunswick and consequently to the Court, to whose cause, this Noblemans rank, former Offices and Connections have done much damage.
There are several other Members of the Assembly of their H. M. that I have some acquaintance with, the Baron Van Schwartenbourg, Mr: Hussaler of Friesland, Mr: Brantzen of Guelderland, and others wm. it is not necessary to name at present.
But Holland being full half the nation, the Assembly of that Province, gives always, sooner or later, the Tone to the whole.
The Pensionaries of the Cities, are the principal Speakers and most active members of this Assembly, for wh: reason I have cultivated the acquaintance of these Gentlemen, and will continue to do so, more and more. There are three among them with wm: I have been most conversant, Mr: Gyzlaer of Dort, Mr: Vischer of Amsterdam and Mr: Van Zeeberg of Harlem.
Mr: Gyzlaer is a young Gentleman of abt: thirty—but of a Genius, an activity, a candor and prudence, which, if his health is not too delicate, must make him the man of the first consideration in this Republic. I am happy in a friendly and familiar acquaintance with him, and shall certainly continue it because his abilities and Integ• { 418 } rity, his industry, his great and growing popularity, and his influence in the Assembly of the States of Holland, as well as in all the Provinces and Cities, will render him an important man, in spite of all the opposition of the Court. Nevertheless, altho' I cultivate the friendship of the Patriots, I shall not give offence to the Court. The friendship of this Court we never had and never shall have, untill we have that of England. This Gentleman's friendship has already been of vast service to the Cause of Congress, as well as to me, and will continue to be so. There is no Intelligence in a political line, wh. I ought to know, but what I can easily obtain in this way. To detail the Conversations wd. be to relate all the measures taken or proposed, relative to the Negotiations for a separate Peace, to the concert with France, the general Peace &c. as well as fm. step to step the advancement to the acknowledgement of our Independence. There are some of these Conversations wh: ought never to be put upon paper, untill the measures and events, wh: are the fruit of them, have taken place.
Mr. Vischer is a respectable Character, an amiable man and steady in the good system: with him also I have been invariably upon good terms. But, I cannot but lament the absence of Mr: Van Berkel—an excellent Character—of solid judgement, sound learning, great experience, delicate honor, untainted virtue and steady firmness, sacrificed to the most frivolous whimsies and miserable intrigues, of private pique, thejealousy and envy of weakI cannot here addwicked old Age, and individual Ambition.7 Van Berkel and Vischer together, wd: be noble Ministers for Amsterdam but the elder of the “Par nobile fratrum”8 is wanting.
Mr: Van Zeeberg is another excellent Character, of great Reputation as a Lawyer, a man of Integrity and a Patriot, with wm: I have been and am upon the best terms. It is odd eno: that most of these Pensionaries have been Deacons of the English Church in this place, Dr: Mc:Lanes—En passent, young Lawyers seek an election to be Deacons in the Churches, as a first step to advancement in their profession as well as the State. Mr: Van Burkel, Mr. Van Zeeberg and others have been Deacons of this Church, yet neither speaks English; nor is any of them less an enemy to England, for having passed thro' this stage in their Career of life—and I shall be the more so, for hearing, once a week, an admirable moral lecture, in the English language, fm. one of the best Preachers in Europe.
I hope this will be sufficient, at present, as a sample of sketches of Characters, that you demand of me, among the leading members { 419 } of the Assemblies. I might mention several Burgomasters as Mr: Hooft of Amsterdam, Van Berkell of Rotterdam and [] of Haerlem &c. &c. &c. But I must not give too much at once.
You enquire, whether there is no intercourse between the French Ambassador and me. I answer there is a constant, uninterrupted harmony and familiarity, between the Duke de la Vauguyon and his family and me. I visit him and he visits me. I dine with him and he and his family dine with me—as often as you can wish; and he is ever ready to enter into conversation and consultation with me upon public affairs. He is an amiable man, whom I esteem very much. He is able, attentive, and vigilant as a Minister, but he has been under infinite obligations to the United States of America and her Minister for the Success he has had in this Country. Nothing on this earth, but the American Cause, could ever have prevented this Republic fm. joining England in the war, and nothing but that well-hove Harpoon-Iron (thrown by a Cape-Cod Whaleman) the memorial of the 19th. of April 1781—and the other innumerable measures taken in consequence of it, by the same hand, could ever have prevented this Republick fm. making a separate peace with England. The American Cause and Minister have done more to introduce a familiarity between the French Ambassador and some leading men here, than any other thing could. And if anybody denies it, it must be owing to Ignorance or Ingratitude.
It is at the same time, true, and I acknowledge it with pleasure and gratitude that our Cause could not have succeeded here without the aid of France. Her aid in the East-Indies, the West-Indies and upon the Barrier Frontiers, her general benevolence and concert of operations, as well as the favorable and friendly exertions of her Ambassador, after the decisive step taken by me, contributed essentially to the accomplishment of the work. I have an oppo: of meeting at his house too, almost as often as I desire, the other foreign Ministers—but of this more hereafter.
You desire, also to know the popular Leaders I have formed acquaintances with.
The two Noblemen, the Baron Vander Capellan de Poll of Overyssell and the Baron Vander Capellan de Marsh of Guelderland, I have formed an acquaintance with: the former very early after my first arrival. I have had frequent and intimate Conversations with him, and he has been of the utmost service to our Cause. His unhappy situation and unjust expulsion from his seat in Government—the opposition of the Court and of his Colleagues in the Regency, { 420 } make it delicate to write freely concerning this Nobleman. He has an Independent fortune, tho' not called rich, in this Country. His parts and learning are equal to any: His Zeal and activity superior. I dare not say in wt: a multitude of ways he has served us. Posterity will perhaps know them all.
Two years ago, upon my first arrival at Amsterdam, I fell acquainted at Mr: Van Staphorst's with Mr: Calkoen, the first Gentleman of the bar at Amsterdam—a man of Letters, well read in Law and History and an elegant Writer. He desired to be informed of American Affairs. I gave him a collection of our Constitutions, and a number of Pamphlets and Papers, and desired him to commit to writing his questions. In a few days he sent me thirty Questions, in Dutch, wh: shew him to be a man of profound reflection and sagacity. I got them translated and determined to seize the oppo. to turn his attention to our affairs and gain his Confidence. I wrote him a distinct letter upon every question, and endeavored to give him as comprehensive an insight into our affairs as I could.9 He was much pleased with the answers, and composed out of them, a comparison between the American and Batavian Revolutions, wh. he read with applause to a Society of forty Gentlemen of Letters, who meet in a Club at Amsterdam. I lent him Burgoyne's and Howe's pamphlets in vindication of themselves, wh: he communicated also.10 By this means, this Society, whose Influence must be very extensive, were made hearty Converts to the opinion, of the Impracticability of a British Conquest and the Certainty of American Success—points very dubious in the minds of this nation in general when I first came here, as I can easily prove. With this Gentleman, I have ever preserved an agreable Acquaintance. It was he who drew up the Petitions of the merchants of Amsterdam in favor of American Independence. About the time of presenting my memorial I became acquainted with an other Lawyer, at the Hague, Mr: Van Zoon, who has been also, fm. time to time, active in our favor and drew up the Petitions of Rotterdam.
The Gazetteers, in this Country, are not mere Printers. They are men of Letters. And as these vehicles have a vast influence in forming the public opinion, they were not to be neglected by me, whose only hopes lay in the public opinion, to resist the torrent of a Court and Government. I therefore became naturally acquainted with the family of Luzac's in Leyden, whose Gazette has been very useful to our Cause and who are excellent People. Mr: John Luzac drew up the two Petitions of Leyden to their Regency.
{ 421 }
At Amsterdam, my acquaintance with Mr: Cerisier, ennabled me to render the Politique Hollandois and the French Gazette of Amsterdam, usefull on many occasions; and by means of one friend and another, particularly Mr: Dumas, I have been able to communicate, any thing that was proper, to the public, by means of the Dutch Gazette in Amsterdam, Haarlem and Delft. By means of these secret connections with Printer and Writers, I have had an oppo. to cause to be translated and printed many English pamphlets, tending to elucidate our affairs, particularly those valuable documents of Howe and Burgoyne, than wh: nothing has contributed more to fortify our Cause. They are considered as the decisive Testimonies of unwilling Witnesses and cruel Enemies. With these persons, and others whom I could not have Conversations with, I have had Correspondences, as frequent as my time would allow.
At Amsterdam I was acquainted with several merchantile Houses, Mr: de Neufville & Son, Mr: Cromelin & Sons, Messs: Vanstaphorst, De la Lande & Fynje, Madam Chabanell, & Son & Nephew, Mr: Hodgson, Mr: Van Arp, Mr: Teagler and several others, who, in their several ways, were usefull to our Affairs.
I come now to the most difficult task of all—the description of the foreign Ministers.
The minister of the Emperor is 90 years of age, and never appears at Court or any where else. I have never seen him—nor his Secretary.11
The Ministers fm. Russia, Sweden, Denmark, Portugal, Sardinia and Liege, I see every week at Court, where I sup regularly when the others do, tho it is very visible that I am not the Guest, the most favored by the Prince. I dine with them all sometimes at the French Ambassadors and Spanish Minister's but have not dined at any of their Houses—nor they at mine. Not one of them would dare to give or receive an Invitation, except France, Spain & Leige.
The Minister from Sweden, the Baron D' Ehrenswerd, is lately removed to Berlin to my great regret, as he appeared to me a very good character, and behaved very civilly to me, several times wn: I met him at Court and at the French Ambassadors. The Secretary of Legation does the business now, Mr: Van Arp, who appears to be a worthy man and is not afraid to converse with me.12
The Minister from Prussia, Mr: de Thulemeier, is very civil, attacks me (as he expresses it) in English, and wishes to meet me on Horseback, being both great Riders—will converse freely with me { 422 } upon Astronomy or Natural History or any more common affairs—will talk of News, Battles, Seiges &ca.13 But these personnages are very reserved in Politics and Negotiations. They must wait for Instructions.
Mr: de St. Saphorin, the Envoy fm. Denmark, is a personage of a very odd behavior—a Swiss by birth, but an open and not very discreet advocate for England. It shd. be observed that the Queen Dowager of Denmark is Sister to the Duke Louis de Brunswick and as the King is not a distinguished Character among crowned Heads, she is supposed to have much Influence at Court, and the Minister here may be complaisant to her.14 But, neither that Power nor its Minister, are able to do more than influence a Gazette or two to publish some very injudicious Speculations. I am not the only foreign Minister that converses or corresponds with Gazetteers, tho' at least it is certain that I never give them money. I hope I am not singular in this. This Gentleman has been much with another, since his arrival, Mr: Markow, the Adjoint Minister fm. Russia, another advocate for the English without being able to do them any service. He was never more than a Secrey: of Legation before. He has been here formerly, in that Character and in the Partition of Poland. He was preceeded here by reports of his great Talents at Negotiation and Intrigue, and it was sd. that he had never failed of success. But his residence here has made no sensation nor Impression at all. He talks in some Companies, indiscreetly, in favor of England, but is not much attended to. His behavior to me is a distant Bow, an affected smile sometimes, and now and then, a “Comment vous-portez vous”?—One evening at Court when the Northern Epidemy was here, he put me this Question, after Supper, in great apparent good humour—“Terriblement affligé, de l' Influenca,”15 says I. “C'est en Angleterre, says he laughing, qu'on a donné cette nom—et il ne feroit point de mal, si vous voudriez, vous laisser gagner, un peu, par l'influence d'Angleterre.” I had at my tongues end to answer, “C'est assez d' etre tourmente d'linfluence qui vient de Russie.” But I reflected, very suddenly, if he is indiscreet I will not be, so I contented myself to answer very gravely “Jamais, Monsieur, jamais.”16
The Prince de Gallitzin, his Colleague, is of a different Character—a good man and thinks justly, but his place is too important to his family to be hazarded—So he keeps a great reserve and behaves with much prudence. Knowing his situation I have avoided all advances to him, least I should embarrass him.
{ 423 }
The Sardinian Minister is very ready to enter with Conversation at all times, but his Court and System are wholly out of the present question.17
The Portuguese Envoy Extray. D. Joas. Theolonico de Almeida, is a young Nobleman glittering with stars, and, as they say, very rich. He has twice, once at Court and once at the Spanish Minister's entered familiarly into Conversation with me upon the Climates of America and Portugal, and the Commerce that has been and will be between our Countries, and upon Indifferent Subjects. But there is no appearance that he is profoundly versed in political subjects: nor any probability that he could explain himself to me, untill all the neutral Powers do, of whom Portugal is one.18
The Spanish Minister D. Llano, the Comte de Sanafee, has at last got over all his punctilios, and I had the honor to dine with him, in Company with all the Foreign Ministers, and four or five Officers of Rank in the Russian Service, on Tuesday last. He and his Secretary had dined with me sometime ago. I shall, therefore, be upon a more free, if not familiar footing with him, in future. He has indeed been always very complaisant and friendly, tho' embarrassed with his punctilios of Etiquette. There is one anecdote that, in justice to myself and my Country I ought not to omit. The first time I ever saw him, was at his house, a day or two after my reception by the States. He sent for me. I went and had an hours Conversation with him. He said to me “Monsieur, vous avez frappé le plus grande Coup de toute l'Europe, C'est le plus grand coup qui a été jamais frappé, dans la Cause Americaine, et le plus decisif. C'est vous qui a rempli cette nation d'enthusiasme. C'est vous qui a tourné leurs Têtes.” The next morning he returned my visit at my lodgings, for it was before my removal to this house. In the course of Conversation upon the subject of my Success here, he turned to a Gentleman, in Company, and said to him “Cet événement fait un honneur infini a Mons. Adams. C'est le plus grand coup qui pourvoit été frappé en toute l'Europe. C'est lui, qui a rempli cette nation d'enthusiasme. C'est lui qui a terrasé les Anglomanes. C'est lui, qui a tourné les Têtes des Hollandais. Ce n'est pas pour faire Compliment a Mons. Adams, que Jedis cela. C'est parce que Je crois que c'est son du.”19
I wish for some other Historiographer, but I will not, for fear of the charge of vanity, omit to record things, wh: were certainly said with deliberation; and wh: prove the sense wh: the Ministers of the House of Bourbon had of the stream of Prejudice here against { 424 } them, and of the Influence of America and her minister in turning the tide.
I hope Sir that these Sketches will satisfy you for the present; if not another time I will give you Portraits at full length. In the mean time I have the honor to be, With great esteem and regard Sir, Your most obedt: humle: servt.20
[signed] John Adams
RC in Charles Storer's hand (PCC, No. 84, IV, f. 141–148).
1. Vol. 12:295–299.
2. Presumably Livingston's letter of 29 May and its enclosures (Wharton, Dipl. Corr. Amer. Rev., 5:446–447), for which see Francis Dana's letter of 30 Aug., and note 1, above.
3. A Collection of State-Papers, The Hague, 1782. For its publication in England later in 1782, see Edmund Jenings to JA, 22 Aug., note 3, above. The copy sent to Livingston has not been found, and the pamphlet was not republished in the United States. In fact, JA already had sent most of the material contained in the pamphlet to Livingston, for which see, in particular, JA's letters of 19 March (calendared) and 19 April (vol. 12:337–338, 420–428).
4. For the fates of Johan van Oldenbarnevelt and Hugo Grotius in 1619 and of Johan and Cornelius de Witt in 1672, and for JA's previous comments regarding them that are similar to those here, see vol. 10:354, 355, 437, 438; 11:107, 108.
5. Casper Fagel, Hendrik Fagel's ancestor, was appointed grand pensionary in 1672. Earlier, in 1670, he had been appointed secretary to the States General, and since that time the Fagel family had held that office (Nieuw Ned. Biog. Woordenboek).
6. Dirk Wolter Lynden van Blitterswyck later served as Dutch minister to Great Britain when JA was the U.S. minister there, and the two men continued their friendly relationship (AFC, 6:index).
7. Probably a reference to Joachim Rendorp. For JA's retrospective comment, published in the Boston Patriot, on Rendorp's motives in obstructing JA's effort to achieve Dutch recognition of the United States, see vol. 12:191.
8. Noble band of brothers.
9. From Hendrik Calkoen, 31 Aug. 1780; Replies to Hendrik Calkoen, 4–27 Oct. 1780 (vol. 10:99–117, 196–254).
10. John Burgoyne, A State of the Expedition from Canada, London, 1780; William Howe, The Narrative of Lieut. Genl Sir William Howe, in a Committee of the House of Commons, on the 29th of April 1779, Relative to His Conduct during His Late Command of the King's Troops in North America: to Which Are Added Some Observations upon a Pamphlet, Entitled, Letters to a Nobleman, London, 1780.
11. Baron Thaddäus von Reischach, who served as the Austrian minister to the Netherlands from Nov. 1741 to Oct. 1782. The legation secretary and chargé d'affaires was Ignaz Josef Doringer (Repertorium, 3:82).
12. Baron Gustaf Johan von Ehrensvärd, the Swedish envoy at The Hague since 1780, took his leave on 12 July. Per Olof von Asp, the chargé d'affaires, presented his credentials on 16 July (Repertorium, 3:412), but in referring to him as “Mr: Van Arp,” JA presumably is confusing his name with the Amsterdam merchant Jan or Matheus van Arp mentioned four paragraphs earlier.
13. Friedrich Wilhelm von Thulemeyer served as the Prussian envoy at The Hague from 1763 to 1788 (same, 3:333). In 1784, Thulemeyer and JA negotiated a treaty of amity and commerce that the two men, joined by Benjamin Franklin and Thomas Jefferson, signed in the summer of 1785 (AFC, 5:316; Miller, Treaties, 2:162–184).
14. Armand François Louis de Mestral de St. Saphorin served as the Danish envoy at The Hague from 1779 to 1784 (Repertorium, 3:49). The dowager queen of Denmark was Maria Juliana of Brunswick, widow of Frederick V, who had died in 1766 (Cambridge Modern History, 13:table 94).
15. Closing quotation marks supplied.
16. For Arkady Markov and his mission to the Netherlands to assist his colleague Prince Dmitri Alexeivitch Gallitzin in furthering the Russian mediation of the Anglo-Dutch War, see vol. 12:218. With the French passages translated, his conversation with JA reads:
[How are you?] . . . [Suffering terribly from the influenza], says I. [It's in England], { 425 } says he laughing, [wherefrom it gets its name—and it would not be amiss if you would allow yourself to benefit a little from England's influence]. I had at my tongues end to answer, [It is enough to be tormented by the influence coming from Russia.] But I reflected, very suddenly, if he is indiscreet I will not be, so I contented myself to answer very gravely [Never, sir, never].”
17. This letter was published in the Boston Patriot of 1, 5, and 12 June 1811. There, following his comment on Count Carlo Ignazio Domenico Montagnini di Mirabello, Sardinian minister to the Netherlands from 1778 to 1790, JA made the following observation:
[N.B. In 1810.—This gentleman was apparently the most learned ambassador I ever knew especially, in diplomatic lore.—He seemed to have the contents of every treaty that was ever made, and even the names and dates as fresh in his memory as his pater noster. His aversion to play was so very great, that he never would engage in any game on any consideration—and as I was always glad of any plausable excuse to escape from cards, I had more conversation with him than with any other of the foreign ministers. His prodigious magazine of the memory, however, never appeared of much use to himself or others.]
18. João Theotonio de Almeida Beja e Noronha, the Portuguese envoy at The Hague, had presented his credentials on 1 May, possibly making him member of the diplomatic corps that JA took precedence over in terms of rank and tenure (Repertorium, 3:318).
19. For JA's use of this quotation and a translation of it, see vol. 12:468–469.
20. In the Boston Patriot of 12 June 1811, JA followed this letter with an extensive commentary on Livingston and the nature of the letters he had received from the secretary.
“What shall I say to the charges of 'vanity, egotism and ostentation' that have been alledged and will be alledged against me for certain passages in this letter and for many others of a kindred nature in—others? Nothing at all.—Far from justifying them I resign them to the severity of criticism and the unqualified censure of all who can find it in their hearts to censure them.
“I hope nevertheless that I may be permitted to recollect and recapitulate a few facts and circumstances to shew the situation I was in, and to request the reader to place himself in imagination where I was, and then consider what his own feelings would have been.
“It will be observed, in the first paragraph of this letter, of September 4th, 1782, that it was written in answer to letters and duplicates and triplicates of letters in which I was called to account, both for my public