The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
Sir Joseph Yorke, on the 21st of March instant, laid before their High
Mightinesses another Memorial, insisting on the aid which he had
demanded before, upon condition, in case of refusal, that his master
would, after three months consider all treaties between the two
countries as null, and in which he contends, that the protection
afforded to Captain Jones, whom he calls a pirate, in the Texel and in
Amsterdam, was a violation of the treaties.
In order more clearly to comprehend the dispute between Great Britain
and the States-General, it may not be amiss to observe, that by the
marine treaty between the two powers, concluded at the Hague in 1667,
all the subjects and inhabitants of the United Provinces may, with all
safety and freedom, sail and traffic in all the kingdoms, countries,
and estates, which are, or shall be in peace, amity, or neutrality
with the States-General, without any hinderance or molestation from
the ships of war, gallies, frigates, barques, or other vessels
belonging to the King of Great Britain, or any of his subjects, upon
occasion or account of any war, which may hereafter happen between the
King of Great Britain and the above said kingdoms, countries, and
estates, or any of them, which are, or shall be, in peace, amity, or
neutrality with the States-General; and this freedom of navigation and
commerce shall extend to all sorts of merchandise, excepting
contraband goods. That this term of contraband goods, is to be
understood to comprehend all sorts of fire arms, their appurtenances,
and all other utensils of war called in French, "_servans à l'usage de
la guerre_," and that under this head of contraband goods, these
following shall not be comprehended; corn, wheat, or other grain,
pulse, oils, wine, salt, or generally anything that belongs to the
nourishment or sustenance of life, but they shall remain free, as
likewise all other merchandise and commodities not comprehended in the
foregoing article, and the transportation of them shall be permitted
even into places at enmity with Great Britain, except such places are
besieged, blocked up, or invested. Masts, yards, ship timber, and
hemp, the articles now in dispute, are not contraband by this treaty,
or by the law of nations. Yet Great Britain, in the hours of her
insolence and madness, which are not yet at an end, makes no scruple
to seize, condemn, and confiscate them. She pretends, that as the
Dutch refuse to her the aid she demands by treaty, she has a right to
seize upon masts, timber, and hemp, which are not prohibited by
treaty. Not to enter into the inquiry, whether the present case is
such, as by the treaties obliges the Dutch to furnish her aid, but
admitting for argument's sake it is so, yet the consequences will not
follow. It would only follow, that Great Britain was absolved from the
obligation of the treaty, not by any means that she is discharged from
the obligations of the law of nations.
I have the honor to be, with great respect, &c.
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