The Diplomatic Correspondence of the American Revolution, Vol. 05 — John Shaqi
The Diplomatic Correspondence of the American Revolution, Vol. 05
History
The Diplomatic Correspondence of the American Revolution, Vol. 05
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
"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."
Public-domain text, read in full here on John Shaqi.
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