The Diplomatic Correspondence of the American Revolution Volume IV Part 56

TO THE PRESIDENT OF CONGRESS.

Paris, April 3d, 1780.

Sir,

The Prince of Orange, Stadtholder, is not only supposed to have ambitious views of allying his family to that of Great Britain, but is very much influenced by the Duke of Brunswick, who is a field marshal, and commander in chief of the Dutch land forces, who is also a brother of Prince Ferdinand. The Duke is not upon the best terms with his family, because they think he is too much attached to the House of Austria. By this double attraction of England on one side, and their old friends the House of Austria on the other, it is not very surprising that His Most Serene Highness is drawn a little aside from the line of the American cause, which is now so closely connected, and likely to be more so, with the House of Bourbon. Hence it is said, that the Count de Byland is to be honorably acquitted by the court martial, and hence the embarra.s.sments the Dutch are under, in their wishes to resent like men the unparalleled injuries, that have been done them by the English. There is, however, so much spirit in the United Provinces, as to oblige the Prince to put on the appearance of resentment at the insults offered to his flag, and to oblige the British Minister to a.s.sume the tone of menace, in order to work upon the fears of the people, whose property is so exposed as to make them dread a war with any nation whatever.

Congress will, however, be able to judge of what is doing in Holland by the following proceedings. A pet.i.tion was presented to their High Mightinesses on the 25th of February, for the equipment of fiftytwo s.h.i.+ps of war, in the following terms.

"Your High Mightinesses having thought proper by your resolution of the 17th of this month, which came to us the 22d, to require us to present to your High Mightinesses, without influencing, however, in anything the deliberations of the confederates, a pet.i.tion for the sum of two million six hundred and twenty thousand five hundred and ninetyeight florins, to a.s.sist towards the one half of the necessary expense for an extraordinary equipment of fiftytwo vessels of war and frigates, which are to be put in a condition of service by the first of May, as well as of other articles more fully particularised in the report contained in the resolution of your High Mightinesses, and in the estimate enclosed with it, which we flatter ourselves were made with all possible accuracy, while the funds necessary for the half of the equipment abovementioned, will be found in the produce of certain duties.

"We have been the more zealous not to delay giving satisfaction to the requisition of your High Mightinesses, as we consider the said plan, as tending to accomplish what has been for so many years represented and advised, as well by His Serene Highness as by us, in general pet.i.tions addressed successively to your High Mightinesses, as well as to the confederates, that is to say, to put the Republic in a more respectable state of defence, by augmenting her marine and troops, an object upon which it has been again insisted in the pet.i.tion of the current year, which employed such reasons and such urgent motives to this purpose, that expressions now fail us for adding anything to what has been already said; and persuaded, moreover, as we are, that the circ.u.mstances and facts, such of them as have pa.s.sed in a manner so remarkable, render useless and superfluous all further reasonings, in such sort, that all these details being already perfectly understood, as well by your High Mightinesses as by the confederates, we think we may depend upon this knowledge, in expectation of the definitive resolutions of your High Mightinesses, equally salutary and unanimous, and the effect of which will be to prevent and ward off the new misfortunes, which may threaten the Republic; a.s.sured, moreover, and persuaded, that the serious intention of the confederates is to accomplish the equipment proposed with all that depends upon it, and that to this end, their High Mightinesses will be pleased, not only to give their consent to the pet.i.tion of two millions six hundred and twenty thousand five hundred and ninetyeight florins, formed by the present, but also, what is more important, to furnish as soon as possible their quota to the general treasury, by which means the colleges of the Admiralty, whose duty it is to attend to the equipments, may be possessed of the means necessary to this operation at convenient periods; which will be thought more indispensably necessary, on casting an eye on the reasons more amply alleged in the report of the colleges of the Admiralty, and expressed in the resolution of your High Mightinesses, the 17th of February, to which we refer."

MEMORIAL.

On the twentyfirst of March, 1780, Sir Joseph Yorke, the British Amba.s.sador, presented a Memorial to their High Mightinesses, of the following tenor.

"High and Mighty Lords,

"The King, my Master, has always cultivated the friends.h.i.+p of your High Mightinesses, and has always considered the alliance, which has so long subsisted between the two nations, as founded upon the wisest principles, and as essential to their mutual prosperity. The princ.i.p.al objects of this alliance, which stands upon the immovable basis of a common interest, are the safety and prosperity of the two States, the maintenance of the public tranquillity, and the preservation of that just balance so often disturbed by the ambitious policy of the House of Bourbon. When the Court of Versailles, in direct violation of the public faith, and of the common rights of sovereigns, had broken the peace, by a league made with the rebel subjects of his Majesty, avowed and declared formally by the Marquis de Noailles; when, by immense preparations, France manifested her designs of annihilating the maritime power of England, the King expected that your High Mightinesses, too enlightened not to see, that the safety of the Republic is closely connected with that of Great Britain, would have been zealous to come to his a.s.sistance. One of the first cares of his Majesty was, to inform your High Mightinesses of all the circ.u.mstances of this unjust war; and in the critical situation in which the King found himself he did not forget the interests of his ancient allies; but, on the contrary, has shown the most sincere desire to favor the commerce and the free navigation of the Republic, as much as the safety of his people could permit. He even desisted a long time from demanding the succors stipulated by the treaties, fulfilling thus his own engagements, without insisting on the accomplishment of those of your High Mightinesses. The demand was never made, until after the united forces of France and Spain showed themselves ready to fall upon England, and there attempt a descent by the a.s.sistance of a formidable fleet. Although frustrated in this enterprise, the enemies of the King meditate still the same project; and it is by the express order of his Majesty, that the undersigned renews, at this time, in a manner the most formal, the demand of the succors stipulated by different treaties, and particularly by that of the year 1716.

"Hitherto your High Mightinesses have been silent upon an article so essential; at the same time, you have insisted on a forced construction of the treaty of commerce of the year 1674, against the abuse of which Great Britain has protested at all times. This interpretation cannot be reconciled to the clear and precise stipulations of the secret article of the treaty of peace of the same year. An article of a treaty of commerce cannot annul an article so essential of a treaty of peace, and both are expressly comprehended in the princ.i.p.al treaty of alliance of 1678, by which your High Mightinesses are obliged to furnish to his Majesty the succors, which he now demands. You are too just and too wise not to feel, that all the engagements between powers ought to be mutually and reciprocally observed, and although contracted in different periods, they oblige equally the contracting parties. This incontestible principle applies itself here with so much the more force, as the treaty of 1716 renews all the anterior engagements between the Crown of England and the Republic, and incorporates them, as it were, together.

"Moreover, the subscriber had orders to declare to your High Mightinesses, that he was ready to enter into conferences with you, to regulate in an amicable manner all which might be necessary to avoid misunderstandings, and prevent every disagreeable occurrence, by concerting measures equitable and advantageous for the respective subjects.

"This friendly offer was refused, in a manner as unexpected as it was extraordinary and unusual among friendly powers; and without taking notice of repeated representations, both public and secret, upon the subject of convoys, your High Mightinesses have not only granted convoys for different kinds of naval stores, but you have moreover expressly resolved, that a certain number of vessels of war should be held ready to convoy in the sequel naval stores of every species, destined for the ports of France; and this at a time when the subjects of the Republic enjoyed by the force of treaties, a freedom and an extent of commerce and of navigation far beyond that, which the law of nations allows to neutral powers. This resolution, and the orders given to Admiral Byland, to oppose himself by force to the visits of merchant s.h.i.+ps, have given place to the incident, which the friends.h.i.+p of the King would have greatly desired to have prevented; but it is notorious, that this Admiral, in consequence of his instructions, first fired upon the sloops bearing the English flag, which were sent to make the visit in the manner prescribed by the treaty of 1674. It was then a manifest aggression, a direct violation of the same treaty, which your High Mightinesses seem to look upon as the most sacred of all. His Majesty has made beforehand repeated representations of the necessity and justice of this visit, practised in all similar circ.u.mstances, and fully authorised by this treaty. They were informed in London, that there were in the Texel a great number of vessels loaded with naval stores, and particularly with masts and large s.h.i.+p timber, ready to set sail for France immediately after, or under, a Dutch convoy. The event has but too fully proved the truth of these informations, since some of these vessels have been found even under this convoy. The greatest number have escaped, and have carried to France the most efficacious succors, of which she stood in the greatest necessity.

"At the same time your High Mightinesses thus aided the enemy of the King, by favoring the transportation of these succors, you imposed a heavy penalty upon the subjects of the Republic, to restrain them from carrying victuals to Gibraltar, although this place was comprehended in the general warranty of all the British possessions in Europe, and although at that time Spain had vexed the commerce of the Republic, in a manner the most outrageous and unexampled.

"It is not only on these occasions, that the conduct of your High Mightinesses towards the King, and towards the enemy of his Majesty, forms a most striking contrast in the eyes of all the impartial world. No one is ignorant of that, which pa.s.sed in the too well known affair of Paul Jones. The asylum granted to this pirate was directly contrary to the treaty of Breda, of 1667, and even to the proclamation of your High Mightinesses of 1776.

Further, although your High Mightinesses have kept, and still keep a silence the most absolute, with regard to the just demands of his Majesty, you have been forward, at the simple request of the King's enemies, to a.s.sure them of an absolute and unconditional neutrality, without any exception of the ancient engagements of the Republic, founded upon the most solemn treaties. Nevertheless the King would still persuade himself, that all which has pa.s.sed ought to be attributed less to the disposition of your High Mightinesses, than to artifices of his enemies, who, after having excited discord among the members of the State, seek alternately by menaces and by promises to animate them against their natural ally. His Majesty cannot believe, that your High Mightinesses have taken the resolution to abandon a system, which the Republic has pursued for more than a century, with so much success and so much glory.

"But if such was the resolution of your High Mightinesses, if you were determined to forsake the alliance with Great Britain, in refusing to fulfil the engagements of it, there would arise from this resolution a new order of things. The King would perceive such an alteration with a sensible regret; but the consequences, which would follow from it, would be necessary and unavoidable.

If by an act of your High Mightinesses, the Republic should cease to be the ally of Great Britain, the relations between the two nations will be totally changed, and they will no longer have any other ties or relation than those, which subsist between nations neutral and friendly. Every treaty being reciprocal, if your High Mightinesses will not fulfil your engagements, the consequence will be, that those of his Majesty will cease to be obligatory.

It is in pursuance of these incontestible principles, that his Majesty has ordered the subscriber to declare to your High Mightinesses, in a manner the most friendly, but at the same time the most serious, that, if contrary to his just expectations, your High Mightinesses do not give him, within the term of three weeks, to be computed from the day of presentation of this memorial, a satisfactory answer, touching the succors demanded eight months ago, his Majesty, considering this conduct as a departure from the alliance on the part of your High Mightinesses, will no longer consider the United Provinces in any other light than that of other neutral powers not privileged by treaties, and consequently will, without further delay, suspend conditionally, and until further orders, in regard to their subjects, all the particular stipulations of the treaties between the two nations, particularly those of the treaty of 1674, and will hold himself simply bound by the general principles of the law of nations, which ought to serve as rules between powers neutral and not privileged.

JOSEPH YORKE."

On the 24th of March, the States-General made the following answer to Sir Joseph Yorke.

"That their High Mightinesses had resolved to represent to his Britannic Majesty by the Count de Welderen, their Envoy Extraordinary, that having seen by the memorial of the Amba.s.sador, dated the 21st of March, that his Majesty fixed a term of three weeks to have a satisfactory answer touching the succors demanded, their High Mightinesses wished to satisfy, as soon as possible, the desires of his Britannic Majesty, by giving him a positive answer; but they foresaw, that the form of government inherent in the const.i.tution of the Republic would not permit them to complete their answer in the time specified, as the memorial of the Amba.s.sador, having become an object of the deliberations of the representative Provinces, it was necessary to wait the resolution of the several States, the a.s.semblies of which were now sitting, or about to sit; that their High Mightinesses a.s.sured themselves, that his Majesty, considering these reasons, would not persist rigorously in the time fixed, to the end, that their High Mightinesses might have that of forming in a manner conformable to the const.i.tution of the Republic (in which their High Mightinesses had not a right to make any alteration) an answer to the memorial of the Amba.s.sador, their High Mightinesses promising to neglect nothing for accelerating, as much as possible, the deliberations upon the subject, and they pray the Amba.s.sador to support these representations, with his good offices, with the King, his master."

Sir Joseph Yorke, after reading this answer, replied, that whatever might be his desire to satisfy the inclinations of their High Mightinesses, the orders of the King, his master, would not permit him upon this occasion; that, however, he doubted not, that they would be equally satisfied by the representations with which their High Mightinesses had charged the Count de Welderen at the Court of London.

I have the honor to be, with great respect, &c.

JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Paris, April 3d, 1780.

Sir,

The fermentation in England has already distressed the administration and overawed some of the members of the House of Commons, but there is room to suspect, that this is chiefly to be attributed to the approach of an election. The pet.i.tions are very far from being universal, and the congress of the sub-committees is not yet numerous.

At a meeting of these from York, Surry, Middles.e.x, Suss.e.x, Gloucester, Hertford, Kent, Huntington, Dorset, Bucks, Chester, Devon, and Ess.e.x, from the cities of London, Westminster, Gloucester, and the towns of Newcastle and Nottingham, holden at the St Albans tavern, and afterwards by adjournment at the great room in King Street, St James, on the 11th, 14th, 15th, 17th, 18th, and 20th days of March, 1780, the Reverend Christopher Wyvill in the chair, a memorial was agreed on, containing reasons for a plan of a.s.sociation.

They affirm that there is a despotic system, and they date the commencement of it nearly from the beginning of the present reign, and they say that they have arrived at the crisis, which the wisest of the political writers marked for the downfall of British liberty, when the legislative body shall become as corrupt as the executive, they should have said more corrupt, because that is undoubtedly the fact at present, as well as the case stated by Montesquieu.

They say, that by the unhappy war with America, begotten in the first instance of this despotic system, and nursed with a view of giving completion to it, the fatal influence of the Crown has been armed with more ample means for enslaving Parliament, while the nation has visibly sunk almost into beggary. Never did any country experience so sudden a reverse from prosperity to depression. They state the fall of rents, the acc.u.mulation of taxes, and the stagnation of all credit.

They then run a long course of reasoning, to show the utility, importance, and necessity, of the several things they recommended to the people of England, which are all comprehended in a few propositions.

1st. They recommend perseverance in the pet.i.tions, and an a.s.sociation in support of them.

2dly. A new law for taking the suffrages of the people at elections, to prevent expense and influence.

3dly. To adopt, as part of their general a.s.sociations, the following propositions.

I. That an examination be made into all the branches of the receipt, expenditure, and mode of keeping and pa.s.sing accounts of public money.

II. One hundred, at least, of additional members of counties in the House of Commons.

III. That the members of the House of Commons be _annually elected_.

IV. That it is recommended to all voters to support, at the next election, such candidates as shall, by signing the a.s.sociation or otherwise, satisfy them that they will support these regulations in Parliament.

In the Middles.e.x committee, at the Masons' tavern, March 24th, this circular letter and the memorial it contained were unanimously approved, and their members in the general Congress thanked. In the Westminster committee, King's Arms tavern, Palace yard, March 15th, 1780, it was resolved, "that by the resolution of the general meeting, directing this committee to prepare a plan of a.s.sociation on legal and const.i.tutional grounds, to support the laudable reform, and such other measures as may conduce to restore the freedom of Parliament, this committee conceive themselves bound to enter into the consideration of every question tending to establish the independency of Parliament on a solid and durable basis. That the duration of Parliament, and the state of the representatives of the people, are questions immediately under this description; that a sub-committee, consisting of seven persons, be appointed to inquire into the state of the representation of the nation and make a report." On the 20th of March, the sub-committee reported. The report is dated the 19th. "That new Parliaments to be holden once in every year were the ancient usage, and declared to be the hereditary and indefeasible right of the people of England; that the 6th of William and Mary is the first, which attempts to appoint the time of the continuance of Parliament to be for the term of three years, though the same act recognises the ancient laws and statutes of this kingdom, by which annual Parliaments were confirmed, and declares that frequent and new Parliaments tend very much to the happy union and good agreement of the King and people; that by the 1st of George the First, the Parliament then chosen for three years, (by acquiescence of the people to the act of William and Mary, on the faith of its declaring, that from henceforth, no Parliament whatsoever, that shall at any time hereafter be called, a.s.sembled, or held, shall have any continuance for longer than three years only at the furthest,) did pa.s.s an act to prolong its continuance to seven years; that temporary considerations are stated in the preamble to the act, as the princ.i.p.al motives for the act itself, that the 6th of William and Mary is worded as if declaratory of what was conceived, however falsely, to have been the const.i.tution of the country; but that the septennial act a.s.sumes a power of altering the duration of Parliament at pleasure; that these alterations in the const.i.tution of Parliament were made without communication with the const.i.tuent body of the people, and have been continued without the sanction of their approbation; that the septennial bill was strongly opposed in Parliament, and a direct infringement on the const.i.tution, and a flagrant breach of trust towards the const.i.tuent body; that it was supported almost entirely on the principle of expediency; that the voice of the people appeared strongly against it, in many respectable pet.i.tions to Parliament on the occasion, and that a const.i.tutional protest was entered by the Peers, stating, that frequent Parliaments were the fundamental const.i.tution of the kingdom; that the House of Commons ought to be chosen by the people, and when continued for a longer time than they were chosen for, they were then chosen by the Parliament and not by the people; that they conceived the bill, so far from preventing corruption, would rather increase it, for the longer a Parliament was to last, the more valuable to corrupt ones would be the purchase, and that all the reasons which had been given for long Parliaments might be given for making them perpetual, which would be an absolute subversion of the third estate; that various motions were afterwards made and strongly supported for a repeal of the septennial act, particularly a motion for annual Parliaments in 1774, which was lost only by a majority of thirtytwo; that the city of London and other respectable bodies continued to instruct their representatives to prosecute this object in the most vigorous manner, as essentially necessary to the independency and integrity of Parliament, the rights of the people, and the prosperity of their country; that by the 8th of Henry Sixth, the Parliament, then elected by the commonality at large, pa.s.sed an act to disfranchise the greater part of their const.i.tuents, by limiting the right of election of Knights of the s.h.i.+re to persons having free lands, or tenants, to the value of forty s.h.i.+llings by the year, at the least, which restriction has ever since continued; that many towns and boroughs, formerly ent.i.tled for their repute and reputation, to send members to Parliament, have since fallen into decay, yet continue to have a representation equal to the most opulent counties and cities, while other towns and places, which have risen into consideration, and become populous and wealthy, have no representatives in Parliament; that the number of the inhabitants of England and Wales is above five millions; that of these, twelve hundred thousand are supposed capable of voting, as the const.i.tution stood before the restrictive act above quoted; that not more than two hundred and fourteen thousand are at present permitted to vote; that out of these, one hundred and thirty thousand freeholders elect ninetytwo members for fiftytwo counties; fortythree thousand citizens, freemen and others, elect fiftytwo members for twentythree cities and two universities, and fortyone thousand electors choose three hundred and sixtynine members for one hundred and ninetytwo towns and boroughs; that fifty of these members are returned by three hundred and forty electors; and a number scarcely above six thousand, being a majority of the voters of one hundred and twentynine of the boroughs, return two hundred and fiftyseven representatives, which is a majority of the whole English House of Commons, and the efficient representation of above five millions of people; that many of these boroughs are immediately under the influence of the Crown, as the cinque ports; many of them are private property, affording hereditary seats, as those under burgage, tenure, and some of them almost without houses or inhabitants, as Galton, Newtown, and Old Sarum; that considering the representation with reference to property, many counties return representatives out of all proportion to what they contribute to the public revenue; that Cornwall pays to land tax and subsidy, sixteen parts out of five hundred and thirty, and sends fortyfour members to Parliament, while Middles.e.x pays not less in proportion than two hundred and fiftysix, and sends eight members; so that the inequality of the representation of this country, with regard to property, is still greater than when estimated according to the numbers of its inhabitants." The Westminster committee after considering this report, Mr Fox in the chair, came to the following resolutions.

"1. That annual Parliaments are the undoubted right of the people of England, and that the act which prolonged their duration was subversive of the const.i.tution, and a violation on the part of the representatives, of the sacred trust reposed in them by their const.i.tuents.

"2. That the present state of the representation of this country is inadequate to the object, and a departure from the first principles of the const.i.tution.

"3. That thanks be given to the sub-committee for their very intelligent report.

"4. That copies of it be sent to the several committees of the counties, cities, and boroughs of the kingdom."

I have been thus particular in stating the proceedings of these committees, because it must be an advantage for Congress to have them all in view, and to see the whole of the foundation that is laid. They are some of the most important proceedings of the present reign; they are the commencement of a new sovereignty in opposition to the old. If there is virtue or good sense in the nation, these machines will discover it and set it in motion, and provided the war continues, it will prevail; but if there is neither virtue or sense remaining, or not enough of these to produce the desired effect, it will probably be the last national effort made in favor of liberty, and despotism will range at large.

If the King would make peace now, he would dissipate all these combinations in England, Ireland, and Holland, as well as prevent the treaty with Spain, (which I believe is in a good way, from a letter which I lately saw from Mr Carmichael,) from giving advantages, to Spain, and disadvantages to England, which can never be altered. But if he continues the war long, if he should have signal successes, these may dispel the storms in England and Ireland; but if he should be unsuccessful, the new sovereignty will probably prevail against him, after involving the three kingdoms in confusion and blood.

I have the honor to be, &c.