Sir,
The proceedings of the United Provinces of the Low Countries are at this period so much attended to by mankind, and are likely to have such extensive and lasting consequences to us as well as to Europe, that Congress will excuse my troubling them with them in detail, however dry and unentertaining they may be.
Hague, April 30th, 1780. "We learn that their Noble and Grand Mightinesses, the States of Holland and West Friesland, have taken a resolution which had been universally adopted, and that it had been written to the Count de Welderen, Minister of their High Mightinesses at the Court of London, to there represent,
"That their High Mightinesses had been by no means satisfied with the answer given the 16th of March, by Lord Stormont, to the just representations made in the name of their High Mightinesses, by M. de Welderen, their Envoy, relative to the violences committed upon the convoy of the Republic, inasmuch as this answer by arguments destitute of all foundation, endeavors to cast the blame of what happened upon their High Mightinesses, and to make the commandant of their squadron be considered as the aggressor, which is absolutely false; that their High Mightinesses as well for their own justification in the eyes of all Europe, as to convince, as far as in their power, his Britannic Majesty of the insolidity of the answer of Lord Stormont, and with what incredible contempt of treaties their convoy has been attacked, without having on their part provoked so hostile an action, have resolved in substance to represent;—That their High Mightinesses, having always held in high estimation the declaration made by his Britannic Majesty of the sentiments of affection for the Republic, flatter themselves that they have given his Majesty, during the continuance of the present troubles, convincing proofs of their esteem, and of their sincere desire to maintain and strengthen the ties of this friendship, which for so many years had not failed to secure the reciprocal prosperity of the two nations; that still animated with the same sentiments, persisting also in the same principles, and having nothing so much at heart as the quiet and undisturbed enjoyment of the rights, assured by the ancient treaties, their High Mightinesses are intimately affected, that his Majesty will consider as a provocation the necessity of that defence to which they found themselves reduced, in consequence of positive orders given by his Majesty himself, and not having been able to make their representations upon this subject attended to, see themselves obliged to declare that they can and ought to order to be convoyed by vessels of war, all the materials for ship building, which shall not be transported to the succor of the enemies of his Britannic Majesty, the said materials forming one of the principal articles of the free navigation and of the commerce stipulated by the treaties; but all the merchandises of contraband being nevertheless to be excepted. That the cargoes of materials for ship building not being considered as contraband by the letter of the treaties, ought not to be subjected to any visit or detention, above all when they are found under the flag of their High Mightinesses; which, nevertheless, has been done in consequence of orders given upon this subject, and cannot but be regarded as a direct and unprovoked attack of their flag, as well as of their independence and sovereignty. That as to what Lord Stormont advances in saying, that in virtue of the treaty of 1674, all merchant vessels loaded with suspected merchandises ought to be visited, to the end to excuse by this assertion the conduct of Mr Fielding, it is but a vain allegation, contradicted by the very words of the said treaty, in which, in truth, there is no mention made of suspected merchandises, but only in the third article of commodities of contraband, which are particularly enumerated. That the convoy, by its nature, rendering useless all visits, the fifth and sixth articles of the said treaty of 1674, relative to rencounters at sea, explain themselves upon the following case. We there find literally,
'That when any private vessel, subject to one of the contracting powers, shall meet in open sea a vessel of war, or other vessel provided with a commission from the other power, and that the said vessel shall not be under convoy, she shall not be held only barely to the exhibition of her sea letters to justify the property of her cargo, and this in consequence of the 8th article of said treaty, except, nevertheless, when a merchant vessel shall be destined for an enemy's port, she shall be obliged also to show her passport, containing the list of effects which shall be on board, and to show that she is not loaded with any of the articles prohibited by the 3d article of the said treaty.'
"That, consequently, their High Mightinesses ought to conclude, that the assertion of Lord Stormont concerning the pretended exception of the said treaty, is but an extension of a regulation which he alleges for his justification, and that thus the conduct of Mr Fielding, approved by his Majesty, is a blow direct and manifest struck at the same treaty. That with regard to the property, as well as the nature of the cargo of the vessels, which were under the convoy of the Republic, Mr Fielding would have been able to have abundantly informed himself by the Count de Byland, to whom their High Mightinesses, although by no means obliged to this act of complaisance on their part, had given permission to consent to this demand, provided always, that the maintenance of the rights of the subjects of the Republic should not have suffered by it, and that, moreover, all possible moderation should be previously used. Their High Mightinesses could not do any other, than approve in all its points the conduct of Count de Byland. That thus, in contempt of all law and reason, the vessels under convoy having been taken, and the judgment of the legality of their detention sent to the decision of judges, who, as they ought not to pronounce upon this fact but according to the regulations made by his Majesty, are ready to declare lawful the confiscation of materials of ship building. That notwithstanding this, no breach of treaties having been made, either by the orders of their High Mightinesses, or by the conduct of their officer charged to execute them, nor any hostility committed, but, on the contrary, Mr Fielding, in consequence of orders which he had received, having employed the violence of arms against the convoy of the Republic, it is not certainly on the side of his Majesty that there ought to exist the least right of complaint, but rather on that of their High Mightinesses, who have subjects the most lawful on which to make them, and to insist, in the strongest manner, on obtaining a suitable satisfaction and reparation, as well as the restitution of the merchant vessels and their cargoes, which, being under the convoy of the State, have been, against the faith of treaties, attacked and stopped by Mr Fielding, taken and carried into England, and against all form of justice and equity, so unjustly condemned by the Judges of the Admiralty; and that, finally, M. de Welderen shall be charged to conform himself to the aforesaid instructions, to demand a positive answer upon this subject from Lord Stormont, and to do upon this object all that he shall judge suitable to the circumstances, in employing to this effect his good offices and all the efforts of the strictest duty."
Their High Mightinesses have also taken the following resolution. "Having received a letter from the representative of His Most Serene Highness, and from the directors of the general and granted Company of the West Indies, committees of the respective chambers to the assembly of ten, sitting at Amsterdam, written from that city the 18th of this month, and whereof the contents are, that in consequence of, and to the end to satisfy the resolution of their High Mightinesses of the 12th precedent, containing their report upon the petition of divers merchants and proprietors of ships residing in this country, and trading with the West Indies; shewing, thereby, to their High Mightinesses, how it was prejudicial to the commerce and navigation of this country;
'1st. That when the vessels of other European nations transport to the Colonies of this State, situated in the West Indies, and principally at St Eustatia, merchandises, without paying the duties of lest and of recognition, that the petitioners and other inhabitants of the Republic, going from the ports of this country, were, nevertheless, obliged to pay to the West India Company;
'2dly. That if the said foreign vessels should enjoy an advantage so notable, as to transport from America, even the merchandises and productions of the country, in the ports of their habitation or others situated in Europe, and without the limits of this Republic, without paying any duty of lest or of recognition, while, nevertheless, the petitioners see themselves not only obliged in going there and returning to pay these duties to the West India Company, but also to engage themselves under caution, not to return into any port of Europe except those of this State. They pray that a remedy may be provided for this inconvenience;'
"Upon which having deliberated, it has been thought proper, conditionally, and until a final decision of their High Mightinesses, that it should be determined by these presents, that foreign European vessels, importing merchandise of any sort to the islands of this State in the West Indies, without having acquitted the sums due in this country for the duties of lest and of recognition, shall be subjected and obliged, after their arrival, to there pay exactly all the duties, without exception, which the vessels of the Republic are held to discharge before their departure from Europe; finally, that conditionally, and until after an ulterior disposition of their High Mightinesses, it should be seriously forbidden to these foreign European vessels, to load in the Colonies of the State, merchandises, except under the same obligations and restrictions imposed upon ships of the Republic, to wit, to sail only from, and to return to the ports of this country, and paying the same duties of lest, and sale, and recognition, which the ships of the inhabitants of the State are obliged to pay, on returning to the said ports of the Republic."