in fhort, a nation accustomed to exact the literal execution of a hard treaty, has too much generofity not to fulfil those 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-written 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 lofs of time, the fuccours ftipulated in the treaties of 1678, and others, and of which the Cafus Fœderis 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 fubjects.

"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 neceftary to be taken.

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 ambaffador's memorial. That their High Mightineffes having for a century paft 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 thofe 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 ftorms 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 queftion 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 fhips; therefore their High Mightineffes are not authorifed to pafs judgment either upon thefe prizes, or the person of Paul

Jones;

Jones; that as to what regards acts of humanity, their High Mightineffes have already made appear how ready they are to thew 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 retaken, &c. That this is ftricly to be obferved with regard to the Serapis and Countefs of Scarborough. Their High Mightineffes authorife the faid Admiralty to order matters fo that these five fhips do put to fea as foon as poflible, and that they take care they are not furnished with any warlike or naval ftores but what are abfolutely neceffary to carry them fafe to the first foreign port they can come at, in order that all fufpicion of their being fitted out here may drop.

humanity dictated relative to the wounded men on board the two King's fhips the Serapis and Countefs of Scarborough, I cannot but comply with the strict orders of his Majelly, by renewing in the ftrongeft and moft prefiing 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 Mightineffes poffefs, leave me no room to doubt but that, upon mature deliberation upon all the circumstances of this affair, you will acknowledge the reasonableness of this requeit, founded both on the most folemn treaties now fubfifting be. tween Great Britain and the United Provinces, and the right and cuftoms of nations in friendship and alliance.

The flipulation 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 left.

The King would think he derogated from his own dignity, as well as that of your High Mightineffes, was he to enter into the particulars of a cafe so 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 Mightineffes require that all the captains of foreign armed veffels fhall, upon their arrival, prefent their letters of marque or commif

hion, and authorifes, according to the cuftom of Admiralties, to treat all thofe as pirates whofe letters are found to be illegal for want of being granted by a fovereign power.

The quality of Paul Jones, and all the circumftances of the affair, are too notorious for your High Mightinefies to be ignorant of them. The eyes of all Europe are fixed upon your refolution; your High Mightinefies know too well the value of good faith not to give an example of it in this effential rencontre. The fmalleft deviation from fo facred a rule, by weakening the friendship of neighbours, may produce ferious confequences.

The King has always gloried in cultivating the friendship of your High Mightineffes; his Majesty constantly perfifts in the fame fentiments; but the English nation does not think that it any ways has deferved its fellow-citizens to be imprisoned in the ports of the republic by a man of no character, a fubject of the fame country, and who enjoys that liberty which they are deprived of.

It is for thefe and many other ftrong reafons, which cannot escape the wisdom and penetration of your High Mightineffes, that the underwritten hopes to receive a fpeedy and favourable anfwer conform able to the just expectations of the King his mafter and the British

nation.

(Signed)

JOSEPH YORKE. Done at the Hague, Oa. 29, 1779.

The answer which their High Mightineffes caufed to be given to the above memorial was in brief; "That they will in no refpect

take upon them to judge of the legality or illegality of thofe who have on the open fea taken any veffels which do not belong to their country; that they only open their ports to give them fhelter from ftorms or other disasters ; and that they oblige them to go to fea again with their prizes without fuffering them to unload or dispose of any part of their cargoes, that they may be liable to be re-taken in the fame ftate they were taken; but do not think themfelves authorized to: pafs judgment upon those prizes, or the perfon of Paul Jones, &c.'

Memorial prefented by Sir Jofeph Yorke, to their High Mightines fes, Nov. 26th, 1779.

High and Mighty Lords,

T

HE King cannot without furprize fee the filence that has been obferved, with regard to the memorial which the underwritten had the honour to present upwards of four months ago to your High Mightineffes, requiring the fuccours ftipulated by treaty.

His Majefty would not have claimed the affiftance of his allies, if he had not been fully authorized to it by the menaces, the preparations, and even the attacks of his enemies; and if he had not thought your High Mightineffes as much interested in the preservation of Great Britain as in their own.

The spirit and the letter of the treaties confirm this truth. Your High Mightineffes are too wife and too just to difpenfe with the obfervance of them, having particularly yourfelves follicited the addition

addition of the feparate article of the treaty of 1716, in which the Cafus Faderis is ftipulated in a clear and inconteftible manner. The hoftile declaration made at London by the Marquis de Noailles, the attack of Jerfey, the fiege of Gibraltar, and all the other notorious enterprizes, are fo many clear proofs of a manifeft aggreffion. Befides which, your High Mightineffes have feen, during the paft fummer, that the combined forces of the Houfe of Bourbon were evidently directed against his Majefty's kingdoms; and although the vigorous meafures of the King, the zealous and patriotic efforts of the nation, crowned with the blef fings of Providence, have happily hitherto fruftrated their ambitious defigns, yet the danger exists ftill, and the enemy continues ftill to announce their intended attacks and invafions, under the protection of their naval forces.

The King can never imagine that the wisdom of your High Mightineffes can permit them to remain indifferent in interefts fo folid and fo common to both countries, and ftill lefs that they should not be convinced of the juftice of the motives which have determined his Majefty to claim that fuccour which is his due on fo many accounts. His Majesty would rather perfuade himself that your High Mightineffes, having refolved to augment their navy, had through prudence kept back their anfwer till they were better able to furnish the fuccour required.

It is for this reafon, that, in renewing this fubject in the moft preffing manner, I have orders to request of your High Mightineffes moft amicably not to defer the

3

concerting of measures, in order to fulfil their engagements on this head. The decifion of your High Mightineffes is fo neceffary, and fo important in its confequences, that the King would think himfelf wanting to himself, his fubjects, and the republic, if his Ma jefty did not recommend this affair immediately to the most ferious deliberation of your High Mightineffes. It is of infinite import to the King to have matters made clear, by a speedy and immediate anfwer to fo effential an object.

His Majefty hopes, from the equity of your High Mightineffes, that their anfwer will be conformable to the treaties and the fentiments of friendship he has always had for the republic; and it will be according to the refolutions of your High Mightineffes that his Majefty proposes to take fuch future measures as may be most adapted to circumstances, and moft proper for the fecurity of his eftates, the welfare of his people, and the dignity of his crown. Done at the Hague, Nov. 26, 1779. (Signed)

JOSEPH YORKE.

ware, Maryland, Virginia, North and South Carolina, and Georgia, defirous of establishing, in an equitable and permanent manner, the rules which ought to be obferved, relative to the correfpondence and commerce, which the two parties wish to establish between their refpective states, dominions and fubjects; his moft Chriftian Majefty and the faid United States have thought proper, and as moft conducive to this end, to found their arrangements on the bafis of the moft perfect equality and reciprocal advantage, taking care avoid difagreeable preferences, the fources of altercation, embarraffment, and difcontent; to leave to each party the liberty, refpecting commerce and navigation, of making fuch interior regulations as fhall fuit them felves; to found their commercial advantages as well on reciprocal intereft, as on the laws of mutual agreement; and thus to preferve to both parties the liberty of dividing, each according to his will, the fame advantages with other nations. In

to

this idea, and to accomplish these views, his faid Majefty, having nominated and appointed, as his plenipotentiary, M. Conrad Alexander Gerard, royal Syndic of the city of Strafburgh, Secretary of his Majefty's Council of State; and the United States having, on their part, invefted with full powers Meff. Benjamin Franklin, Deputy of the General Congress of the State of Pennfylvania, and prefident of the affembly of the faid ftate; Silas Deane, formerly Deputy of the State of Connecticut; and Arthur Lee, Counfellor at Law: the faid plenipotentiaries respectively, after having exchangVOL. XXII.

ed their credentials, and upon `mature deliberation, have concluded and agreed to the following articles:

Art. I. A firm, inviolable, and univerfal peace, and a true and fincere friendship, fhall fubfift between the moft Chriftian King, his heirs and fucceffors, and the United States of America, as well as between his moft Chriftian Majefty's fubjects, and thofe of the faid ftates; as also between the people, iflands, cities, and places, under the government of his Chriftian Majefty, and the faid United States; and between the people and inhabitants of all claffes, without any exception to perfons or places. The conditions mentioned in the present treaty, fhall be perpetual and permanent between the moft Chriftian King, his heirs and fucceffors, and the faid United States.

Art. II. The moft Chriftian King and the United States mutually engage, not to grant any particular favour to other nations, refpecting commerce and navigation, which fhall not be immediately made known to the other party; and fuch nation fhall en-, joy that favour gratuitoufly, if the conceffion is fuch, or in granting the fame compenfation, if the conceffion is conditional.

Art. III. The fubjects of the most Christian King fhall not pay, in the ports, harbours, roads, countries, iflands, cities, and places of the United States, any greater duties or impofts, of what nature foever they may be, or by whatever name they may be called, than fuch as the most favoured nation

fhall pay; and they fhall enjoy all the rights, liberties, privileges, im[Ee]

munities,