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make with England? When and how has that court obtained any fach right? The treaty which your High Mightineffes do, and which the King might reclaim, contains nothing of that kind; it must therefore be fought for in the ambitious views of that power, which has made a league with the rebels of America, and now endeavours to bring other ftates into it with them.

"In October laft, the King, in an amicable manner, communicated his fituation and fentiments to your High Mightineffes, by a memorial delivered to your Envoy, Count Welderen, by the late Lord Suffolk, in which he explained his views, and the neceffity he was under to defend himfeif againft an enemy, who had attacked him by furprize in an unjust manner; and although that enemy has gone fo far as to dictate to your High Mightineffes, what they were to do during the prefent troubles; his Majefty, far from initating any fuch arbitrary conduct, only propofed to your High Might

nefies to confer with his ambasador upon what was melt proper to be done for the fecurity, &c. of the two countries. Your High Mightineffes, it is true, to my great regret, thought proper to decline this offer, and to infilt upon the lite ral and ftrict obfervance of a treaty which you yourselves muft fee is incompatible with the lecurity of Great Britain, and contrary to the spirit and stipulations of all the future treaties between the two nations.

"What cbject can be more inportant, more indifpenfible, than that of depriving the enemy of any materials which may enable them

to redouble their efforts during the war? and how can a protection of thofe materials be reconciled to the alliances fo often renewed between the two nations, or with the af furances of friendship, which your High Mightineffes are continually profeffing to the King? To prevent future bad confequences, and to affure the republic of the unequivocal friendship his Majefty entertains for this republic, the King has ordered me to affure your High Mightineffes of the ardent defire he has to cultivate good harmony between the two nations, to renew the promifes he made to them to maintain the liberties of legal trade to their fubjects, agreeable to the orders given to the King's fhips and privateers, notwithflanding the advantage that may refult from it to the enemy; but his Majesty orders me to add, that he cannot depart from the neceffity he is under of excluding the tranfportation of naval flores to the ports of France, and particularly timber, even if they are efcorted by men of war.

"The example which France has fet of favouring fome members of the republic to the detriment of others, to directly contrary to the union and independence of your High Mightineffes, the King hopes never to be obliged to follow, unleis a condefcenfion to the views of France obliges him to take that method of making amends to those members of the republic who are hurt by the partiality of his enemies. His Majefty always thought it derogatory from the dignity of forereignty to fow difcord in any neigh bouring fates.

"The laft edict published by the court of France, which ex

cepts the cities of Amfterdam and Haerlem from certain duties impofed on the other members of the republic, to punish them for having made ufe of that fovereign right which belongs to them, cannot but fhew all Europe the motives which have engaged France to league with

America.

"The King is always ready to do all in his power for the advantage and tranquility of the fubjects of the republic, provided it is not incompatible with the interefts of his kingdoms.

"He flatters himself, that your High Mightieffes will, on this occation, confult your true interefts, without fuffering yourfelves to be intimidated by foreign views, and that you will co-operate by that means to keep up the good intelligence between the two nations, and that his Majesty may never be obliged to take other measures towards the republic, than those which friendship and good harmony may

dictate.

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Ordinance of the French King's Council of State, refpecting the Supenfion of the Order to collect the Duties of Freightage, and fieen per Cent. upon the Ships of the Province of Holland exclufively.

July 3, 1779.

Extract from the Regifters of the Council of State,

ΤΗ

HE King, by the orders of his council of the 14th of January, the 27th of April, and the 5th of June laft, having or

dered to be collected, in all the ports of his kingdom, not only the right of freightage, but allo that of fifteen per cent, as well upon the fhips of Holland as those of the other Provinces, and upon the merchandize with which they fhall be laden, excepting from thofe difpofitions, the cities of Amfterdam and Haerlem; and his Majefty being willing to grant the fame exception to the whole Province of Holland, the Sieur Moreau de Beaumont, Counsellor of State in Ordinary, and of the Council of the Royal Finances, has made the following report: The King, being prefent in his council, has ordered, and does order, that the execution of the ordinances of the 14th of January, the 27th of April, and the 5th of June, fhall be fufpended, until a new order to the contrary, in favour of the faid Province of Hol land exclufively; provided neverthelefs, the captains of fhips belonging to the faid Province be furnished with a certificate, either. from the Commiffary of Marine at Amfterdam, or from the Marine Agent at Rotterdam, to prove that the faid hips really belonged to a citizen of the faid Province, and that their ladings confifted of articles of their own growth, fishery, manufactures, and commerce. His

Majefty commands and enjoins his

Intendants and Commiffaries in his Provinces, to attend to the execution of this prefent ordinance. Given in the King's Council of State, held at Veriailles, his Majefty being prefent, the 3d day of July, one thoufand feven hundred and feventynine.

(Signed)

DE SARTINE. Memo

Memorial prefented by Sir Jofeph of England will no doubt con

York, Ambajador Extraordinary and Plenipotentiary of the King of Great Britain, to their High Mightineffes the States General of the United Provinces of the Low Countries, on the 22d of July, 1779.

"High and Mighty Lords,

S

INCE France, by the declaration made at London on the 13th of March last year, fully difcovered the vaft and dangerous defigns which the Family Compact had before announced to Europe, this part of the world must bear witnels to the wisdom and moderation of the King of Great Britain, who endeavoured to ward off the calamities of war, avoiding, as much as poffible, engaging his neighbours and allies.

"A conduct like this, founded in the most pointed moderation, feemed fo much to embolden the court of Versailles, that after perfidiously encouraging of rebel fubjects, under the mask of liberty, commerce, and independence, to plunge a poignard into the heart of their mother country; France, not contented with fo hoftile a proceeding, has, without any national quarrel, drawn Spain into its views, and, without any plaufible reafons to colour the defign, is making every preparation that an imperious difpofition can dictate to invade the British islands.

"On the news of these extraordinary and great preparations, your High Mightineffes cannot but juify the preffing and reiterated inftances which the King of Great Britain could not but make to you, relative to the naval armament; and the notorious danger

vince all the fubjects of thefe Provinces, who have hitherto spoke against it, of the neceffity of this request of my court.

"But thofe motives, which were only palliatives to prevent an evil, are now out of feafon; the danger is become imminent, and the remedy must be speedy. The ftipulations of a treaty, founded on the interefts of trade ony prait give way to thofe founded on the deareft interefts of the two nations. The moment is come to decide whether Great Britain, who has fpilt fo much blood, and expended fo much treasure to fuccour others, and to maintain liberty and religion, is to have no other recurces against the malice and envy of enemies, than her own county and her own internal frengu; whether he is to be abandoned by her moft antient friends and allies, to the most ambitious views of the Houfe of Bourbon, which would crush all, to reign over all; and whether Europe in general, and your High Mightineffes in particular, will with indifference fee a fyllem eftablished, which will evidently deftroy, that equilibrium which is the only guarantee of your commerce, liberty, and even exiftence itself.

"The King, High and Mighty Lord, has too high an opinion of the understanding, the good faith, and the wildom of the republic, to doubt a moment of the fentiments of your High Mightineffes on this occafion. A nation whole hiftory contains fcarce any thing but the detail of the dangers which the ambition of France fucceffively created, whofe beft days began with their union with England:

in fhort a nation accustomed to exact the literal execution of a hard treaty, has too much generofity not to fulfil thofe which have united the interefts of the two nations upwards of a century.

"It is in this perfuafion, joined to all that is held moft facred among men, that the under-writ. ten Ambaffador Extraordinary and Plenipotentiary from the King of Great Britain, has, by exprefs order, the honour to notify to your High Mightineffes, that the danger which threatens his kingdoms, neceffitates his Majefty to reclaim, without loss of time, the fuccours ftipulated in the treaties of 1678, and others, and of which the Cafus Faderis is fo fully explained in the feparate article of 1716. His Majefty expects the fame with confidence from a neighbour who has never failed in his engagements, and for the reft confides in the divine benediction on the juftness of his caufe, and on the fidelity and valour of his subjects.

"The underwritten waits with the greatest impatience for a juft, fpeedy, and favourable anfwer, and is ready to confer with the deputies of your High Mightineffes on what steps are further neceffary

to be taken.

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three frigates had lately arrived at the Texel, namely, two French and one called an American, commanded by Paul Jones, bringing with them two prizes taken by them in the open fea, and called the Serapis and the Countess of Scarborough, defcribed in the ambafador's memorial. That their High Mightineffes having for a century past ftrictly obferved the following maxim, and notified the fame by placards, viz. that they will in no refpect whatever pretend to judge of the legality or illegality of the actions of those who have on the open fea taken any veffels which do not belong to this country, and bring them into any of the ports of this republic; that they only open their ports to them to give them fhelter from storms or other difafters; and that they oblige them to put to fea again with their prizes without unloading or difpofing of their cargoes, but letting them remain exactly as when they arrived. That their High Mightineffes will not examine whether the prizes taken by the three frigates in question belong to the French or the Americans, or whether they are legal or illegal prizes, but leave all that to be determined by the proper judges, and will oblige them to put to fea, that they may be liable to be retaken, and by that means brought before the proper judge, particularly as his Excellency the Ambaffador must own he would have no lefs a right to re-claim the abovementioned fhips, if they had been private property, than as they have been King's thips; therefore their High Mightineffes are not authorifed to pafs judgment either upon these prizes, or the períon of Paul

Jones;

Jones; that as to what regards acts humanity dictated relative to the

of humanity, their High Mightineffes have already made appear how ready they are to fhew them towards the wounded on board of the veffels, and that they have given orders accordingly. That an extract of the prefent refolution fhall be given to Sir Jofeph Yorke by the Agent Vander Burch de Spierinxhock.

At the fame time it was refolv. ed, that word fhould be fent to the Admiralty of Amfterdam that their High Mightineffes approve their proceedings, and adhere to their placard of the 3d of November, 1756, by which it is forbid to meddle with any prizes, or to open their cargoes, fo as by that means to free them from being re. taken, &c. That this is strictly to be obferved with regard to the Serapis and Countefs of Scarborough. Their High Mightineffes authorise the faid Admiralty to order matters fo that thefe five fhips do put to fea as foon as poffible, and that they take care they are not furnished with any warlike or naval flores but what are abfolutely neceffary to carry them fafe to the first foreign port they can come a:, in order that all fufpicion of their being fitted out here may drop.

Memorial prefented by Sir Jofeph Yorke, bis Majefty's Ambujador ut the Hague, to their High Mightineffes, requesting the delivering up the Serapis and Counefs of Scarborough, taken by Paul Jones.

High and Mighty Lords,

N thanking your High Mightineffes for the orders which your

wounded men on board the two King's fhips the Serapis and Couritefs of Scarborough, I cannot but comply with the ftrict orders of his Majetty, by renewing in the strongeft and moft preffing manner his request that thefe fhips and their crews may be stopped, and delivered up, which the pirate Paul Jones of Scotland, who is a rebel fubject, and a criminal of the State, has taken.

The fentiments of equity and juftice which your High Mighti neffes poffefs, leave me no room to doubt but that, upon mature deliberation upon all the circumstances of this affair, you will acknow. ledge the reafonableness of this requeft, founded both on the most folemn treaties now fubfifting between Great Britain and the United Provinces, and the right and customs of nations in friendship and alliance.

The ftipulation of the treaty of Breda of the 10th of July 1667, (Old Stile) confirmed particularly in that of 1716, and all the later ones, are too clear and inconteftible in that refpect for the full force of them not to be felt.

The King would think he derogated from his own dignity, as well as that of your High Mightinefies, was he to enter into the particulars of a cafe fo notorious as that in queftion, or to fet before the eyes of the ancient friends and allies of his crown analogous examples of other Princes and States; but will only remark, that all the placards even of your High Mightinefies require that all the captains of foreign armed veffels fhall, upon their arrival, prefent their letters of marque or commif

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