Mightineffes find out the leaft legal proof of any infraction of their orders in this refpect.

As for what concerns the project of an eventual treaty of commerce with North America, framed by a member of the government of the province of Holland, without the fanction of any public authority; and the memorials prefented on this matter by the chevalier Yorke, the matter happened as follows:

As foon as this ambaffador had prefented a memorial, dated Nov. 10, 1780, their High Mightineffes, without noticing the expreffions, rather unbecoming between fovereigns, with which this memorial abounded, did not delay entering into the most serious deliberation on that matter; and by their refolution of the 27th of the fame month, they did not hesitate to difclaim and difapprove publicly whatever had been done in this affair.

After this they had every reafon to expect that his Britannic majefty would have acceded to this declaration, fince he could not be ignorant thet their, High Mightineffes have no jurifdiction over the respective provinces, and that it was to the States of Holland, to whom, as being invetted as the States of the other provinces with a fovereign and exclufive authority over their fubjects, was to be fubmitted, an affair which their High Might ineffes had no reason to doubt but the other States of the faid provinces would regulate according to the exigency of the cafe, and conformably to the laws of the State, and the principles of equity. The eagerness with which the chevalier Yorke, by his fecond memorial,

infifted on the punishment, could not, of course, but appear very ftrange to their High Mightieffes, that if he did not receive the very fame day an answer to his memorial in every refpect fatisfactory, he should find himself obliged to acquaint his court thereof by an extraordinary courier. Their High Mightineffes, informed of this declaration, foon perceived its importance, as a manifeftation of the measures already determined on in the king's council; and although, according to the established cuftom, fuch verbal declarations from foreign minifters admit of no deliberation, they nevertheless thought proper to fet it afide on this occafion, and to defire their recorder to wait on the chevalier, and inform him, that his memorial had been taken ad referendum, by the deputies of the refpective provinces, according to the received cuftom and conftitution of government; adding, at the fame time, what feemed defignedly omitted in the manifefto, that they would endeavour to frame an answer to his memorial as foon as poffible, and the conftitution of government would permit. In confequence thereof, a few days after, the deputies of the province of Holland gave notice to the affembly of their High Mightinetes, that the states of their province had una voce, refolved to require the advice of their court of justice in regard to the requifition of punishment, requefting the faid court to give their opinion as foon as poffible, foregoing all other affairs. Their High Mightinelles did not fail to acquaint the chevalier Yorke with the above refolve; but what was their furprize and astonishment,

when

when they understood that the faid ambaffador, after having read his inftructions, had sent a note to the recorder, wherein he called the abovefaid refolve illufive, and flatly refused to tranfmit it to his court! This obliged their High Mightineffes to fend it to Count Welderen, their minifter at London, with orders to lay it immediately before the minifter of his Britannic Majefty; but the refufal of the latter created an obftacle to the execution of those orders.

All the circumftances of this affair being thus expofed, the impartial public will be enabled to appreciate the principal motive, or rather pretence, to which his Brittannic Majefty has had recourfe, in order to give a scope to his defigns against the Republic. To this we may reduce the whole matter: his Majefty was informed of a negociation which would have taken place between a member of the government of one of the provinces, and a reprefentative of the American congrefs; which negociation intended to lay the plan of a treaty of commerce to be concluded between the Republic and the faid colonies, cafu quo, that is to fay, that in cafe the independency of thofe colonies fhould be acknowledged by the crown of England; this negociation, although conditional, and holding by a clause which depended on the anterior act of his majefty, this negociation, which without the faid act, or anterior declaration, could not have the leaft effect, was fo mifconftrued by his Majefty, and excited his difpleafure to fuch a degree, that he thought proper to require from the States a public difavowal and difapprobation,

as well as a complete punishment and fatisfaction: it was in confe quence, and without the least delay, that their High Might ineffes acceded to the first part of his requifition; but the punishment infifted upon was not within their power, and they could not affent to it, without ftriking at the root of the fundamental conftitution of the ftate. The States of the province of Holland were the only ones to which it pertained lawfully to take cognizance of it, and to provide thereto by the ordinary means and the authority of the laws. This fovereign state adhering to the maxims which oblige them to refpect the authority of the laws, and fully convinced that the maintaining that department in all the integrity and impartiality which are infeparable from it, is the firmest basis of the fupreme power; that fovereign ftate, obliged by what is held moft facred, to defend and protect the rights and privileges of its fubjects, could not forget itfelf fo far as to fubmit to the will of his Britannic Majefty, by attempting to overturn thofe rights and privileges, and exceeding the limits prescribed by the fundamental laws of its government: these laws required the intervention of the judicial department, and those were the means which the above states refolved to ufe, by requiring on this object, the advice of the court of justice, eftablifhed in their province.

By an adherence to this method it was, that, before the eyes of his Britannic Majefty, the English nation, and all Europe, were difplayed the unalterable principles of that juftice and equity which form the leading feature of the

Dutch

Dutch constitution, and which, in fo important a part of public adminiftration, we mean that which concerns the exercise of the jufticary power, will for ever ferve as abulwark against whatever could militate with the fecurity and independance of a free nation. It was alfo by thefe means, and by following this road, that, far from precluding juftice, or evading the punifhment required, a free courfe, on the contrary, has been laid open to a regular procefs, conformably to the conftitutional principles of the Republic; and by the fame reafon, in fhort, depriving the court of London of any pretence to complaint of a denial of juftice, care has been taken to anticipate the leaft fhadow, or appearance of reafon, which might have authorifed that court to make reprifals; to which, neverthelefs, it has had recourfe without fcruple, in a manner equally odious and unjust.

To thefe ends, and fince, after the repeated outrages and heavy loffes which the fubjects of this Republic muft have experienced from his Britannic Majefty, their High Mightineflès find themfelves furthermore provoked, and affailed by his aforefaid Majefty, and compelled to ufe thofe means which they have in hand, in order to defend the precious rights of their liberty and independence; they entertain the firmeft hope that the Lord of hofts, the God of their fathers, who, by the palpable direction of Providence, fupported and carried this Republic through the greatest dangers, will blefs the means which they have determined to employ, by crowning the juftice of their arms, with the ever-tri

umphant affiftance of his omnipotent protection; whilft their High Mightineffes will ardently figh af ter the inftant, when they fhall fee their neighbour and old ally, but now their enemy, recalled to fentiments more moderate and equitable. And it is at that period, where their High Might ineffes will improve all the opportunities which, confonant with the honour and independence of a free state, may tend to a reconciliation between them and their old friend and ally.

Thus given and fettled in the affembly of their High Mightineffes, our lords the States General of the United Provinces, at the Hague, the 10th day of March, 1781.

Signed, Coca. HAAFTAN, Vt.

By command, H. FAGEL.

contraband, their imperial and royal majefties declare that the meaning of the faid word, is folely reftrained to fuch goods and commodities as are mentioned under that denomination in the treaties fubfifting between their faid majefties and either of the belligerent powers. Her imperial majefty abiding principally by the Xth and XIth articles of the treaty of commerce with Great Britain; the conditions therein mentioned, which are founded on the right of nations, being understood to extend to the kings of France and Spain; as there is at prefent no fpecific treaty of commerce between the two latter and the former. His Danish majefty, on his part, regulates his conduct in this particular by the firft article of his treaty with England, and the XXVIth and XXVIIth of that fubfifting between his faid majefty and the king of France, extending the provifions made in the latter to the Catholic King; there being no treaty ad hoc, between Denmark and Spain.

III. And whereas by this means the word contraband, conformable to the treaties now extant, and the ftipulations made between the contracting powers, and thofe that are now at war, is fully explained; especially by the treaty between Ruffia and England of the 20th of June 1766; between the latter and Denmark, of the 11th of July 1670; and between their Danish and moft Chriftian Majefties, of August 23d, 1742; the will and opinion of the high contracting powers, are, that all other trade whatfoever fall be deemed and remain free and unretrained.

By the declaration delivered to

the belligerent powers, their contracting majefties have already challenged the privileges founded on natural right, whence fpring the freedom of trade and navigation; as well as the right of neutral powers; and being fully determined not to depend in future merely on an arbitrary interpretation, devised to answer fome private advantages or concerns, they mutually covenanted as followeth:

Firft, That it will be lawful for any fhip whatever to fail freely from one port to another, or along the coaft of the powers now at war.-2dly, That all merchandise and effects belonging to the fubjects of the faid belligerent powers, and fhipped on neutral bottoms, fhall be entirely free; except contraband goods.-3dly. In order to afcertain what conftitutes the blockade of any place or port, it is to be understood to be in fuch predicament, when the affailing power has taken fuch a flation, as to expofe to imminent danger, any flip or fhips that would attempt to fail in or out of the faid ports.

4thly, No neutral fhips fhall be topped without a material and well-grounded caufe: and in fuch cafes juftice fhall be done to them without lofs of time; and besides indemnifying, each and every time, the party aggrieved, and thus ftopped without fufficient caufe, full fatisfaction shall be given to the high contracting powers, for the infult offered to their flag.

IV. In order to protect officiallythe general trade of their refpective fubjects, on the fundamental principles aforefaid, her Imperial, and his royal majefty have thought proper, for effecting fuch purpofe,

each

each refpectively to fit out a proportionate rate of fhips of war and frigates. The fquadron of each of the contracting powers fhall be ftationed in a proper latitude, and hall be employed in efcorting convoys according to the particular circumftances of the navigators and traders of each nation.

V. Should any of the merchantmen belonging to the fubjects of the contracting powers, fail in a latitude where fhall be no fhips of war of their own nation, and thus be deprived of the protection; in fuch case, the commander of the fquadron belonging to the other friendly power fhall, at the request of faid merchantmen, grant them fincerely, and bona fide, all neceflary affiftance. The fhips of war and frigates, of either of the contracting powers, shall thus protect and affift the merchantmen of the other: provided nevertheless, that under the fanction of fuch required affiftance and protection, no contraband be carried on, nor any prohibited trade, contrary to the laws of the neutrality.

VI. The prefent convention cannot be fuppofed to haye any relative effect; that is to extend to the differences that may have arifen fince its being concluded: unless the controverfy fhould fpring from continual vexations which might tend to aggrieve and opprefs all the European nations.

VII. If, notwithstanding the cautious and friendly care of the contracting powers, and their Ready adherence to an exact neutrality, the Rulian and Danish merchantmen fhould happen to be infulted, plundered, or captured by any of the armed fhips or privateers belonging to any of the

VIII. In cafe either of the contracting powers, or both at the fame time, fhould be in any manner aggrieved or attacked, in confequence of the present convention, or for any reason relating thereto; it is agreed, that both powers will join, act in concert for their mutual defence, and unite their forces in order to procure to themselves an adequate and perfect fatisfaction, both in regard to the infult put upon their relpective flags, and the foffes fuffered by their fubjects.

IX. This convention fhall remain in force for and during the continuance of the prefent war; and the obligation enforced thereby, will ferve as the ground-work of all treaties that may be fet on foot hereafter: according to future occurrences, and on the breaking out of any fresh maritime wars which might unluckily difturb the tranquillity of Europe. Mean

while,