L. DB BRUNSVIC

*) Je ne publie pas ces pièces qu'on peut trouver dans les Resol. Holland, le 10 février 1762.

«) Voici la teneur du préambule: De StaatenGeneraal der Vereenigde Nederlanden, Allen dengeenen die deesen Bullen sien salut. Doen te weeten, dat wy gesicn hebbende de Acte van Sijne Hoogheid den Heero Prince van Orange en Nassau, Stadhouder, Capitein en A<ln>iraal-(îcneraal van de Unie in duto . . . h\\ dewelke en/.. . .

29 — fl''*®- ï'éTrier.

liETTRU OCCJCIV.

W. Bentinck à Newcastle. Il le presse vivement de facilittr un arrangement des disputes sur le commerce.

Hague, Februaiy 2^ 1759.

Mylord.

I hâve the honour of your Grace's letter of the 23 January and am extremely obliged to you for having made the assurances of my profoundest respect and vénération acceptable to His Majesty. I hâve acquitted myself of your commission to the Pensionary, who has desired me to return your Grâce his most hearty thanks and to assure you that he wishes nothing more than to hâve fréquent oportunitys of giving you proofs of his readyness to act in the greatest concert with you.

I was very sorry to see by your Grace's letter, that you give me so little hopes of an accommodation upon the principles of my former letter. Notwithstanding which I cannot forbear thinking that, when the whole will hâve been taken into considération together, it will be found, that lesser considérations and motives must give way to greater and that a temporary commercial interest is not to be put into the scale overagainst a permanent national one. If once we come into a discussion on the law of nations, you will see déductions rain like those of Vienna and Ratisbon. And instead of gaining, we shall daily loose ground. Our treatys are clear and plain. What in one circurastance is to the advantage of one party, is at an other advantageous to the other. We hâve given up the direct trade to the French colonies without admitting that the treaty of 1674 does not extend to the West-Indies. Suppose now that our

1769. Février.] — 30 —

circumstances obliged us to send you carte blanche and to submitt to an explanation of one of our treatys, which will in effect be an annullation of it, (what) would you gain ? Popular applause only for a short time and an annullation of ail the treatys subsisting between us, of which the fatal conséquences would soon be felt and, in case of an other war with France, be equaly fatal to both nations and to ail Europe. It would appear much more natural, more consistent with your principles to share with the Republick the spoils of the French trade; the effect of which in a national and political view would perhaps put France in greater straits than further losses in the remainder of her American trade.

I hâve taken upon me to say in several délibérations in this affair, that I was sure that the King and every one of His Ministers and the major and soundest part of the English nation dreaded a war against the Republick, whilst many hère explained things in a contrary light and represented innocent or accidentai delays as proofs of a design to protact the conclusion of the négociation and thereby occasion a war, which would raise the trade of England on the ruins of that of the Republick. It would grieve me much to see my antagonists triumph over me on such an occasion. As this is only a letter from a friend, I désire it may (be) only considered as such and as merely intended for your Grace's information, that you may be the better enabled to form your judgment and make the proper combinations and compensations.

It will be a great satisfaction to me, to be employed in occasions of importance in cultivating this concert between you (and the Republick). And if your Grâce gives me any encouragement on this offer of mine, I will

31 — ["59. FéTrier.

make it my business. And you may be sure that I shall not be too often troublesome, nor without necessity. But when I ses such a dangerous critical moment as this is, your Grâce must not take it ill that I give my opinion unasked. As I hâve not yet any information of what is arrived by the post of the 80*^^ of January, I will not enter into any more reasoning now on the subject of my former letter, nor on the few words contained in your Grace's letter of the 23^, which gave me great concern. As the states of Holland will probably break op next Thursday or Friday to meet again on the 20^^ instant, and that nothing of any importance can be done without them, I shall hâve time enough, and more than I wish, to receive your Grace's answer to this letter, on which answer I shall for the future regulate myself. In the mean while 1 désire your Grâce to be persuaded once for ail that my principles are invariably the same you hâve always known them. Nobody knows better than you, nor can give more authentick testimony of my having acted upon them, without any interruption. I am . . .

W. BENTINCK

IiETTR£ DCOX¥.

Holdernesse à Yorke. Le roi ne veut pas faire attention au ton offensif de la dernière résolution des Etats- Généraux. Envoi d'un contre-projet. Explication des vues du gouvernement britannique.

Whitehall February 9*»» 1759.

Sir.

You will not be surprised to hear, that the resolution of the StatesGeneral \ transmitted in your

*) Le 26 Janvier 1759 les Etats-Generaux s'étant conformés au projet des Etats de Hollande, arrêté le 19 Janvier,

1759. Février.] — 32 —

letter of the 26* of last month, gave His Majesty the deepest concern, as it asks every thing and grants nothing; and which, besides the false way of reasoning it contains, and false faces it alledges, is wrote in a manner very différent from that plain, modost, yet nervous stile, in which the resolutions of the States used to be drawn. The principles of the person, who held the pen upon this occasion, are very easy to be discovered; but as it appears by your letter, that not only the wiser sort of people in gênerai, but even the Pensionary and the Greffier dislike and almost disavow this inflammatory performance, His Majesty has determined to act in the manner suggested to you by the Dutch Ministers themselves; and without suffering himself to be influenced by what he might justly term offensive, to continue to seek the means of putting an end to the disputes which hâve arisen with the Republicq.

To that end I now send you inclosed a counter Project *) of a déclaration, which it is His Majesty 's pleasure you should deliver to the deputies of the States at your next conférence; I also send you a draught ^) of what the Kiug thinks proper you should say upon this occasion.

You will observe, that the counter project touches only upon such points as are declared not to be comprised within the sensé and meaning of the treaty of 1674, and which hâve, in a manner, been admitted by the deputies of Amsterdam in your conférences

avaient communiqué cette résolution à Yorke. Cf. Resol. Stat. Qen. le 25 Janvier 1769, et ci-dessus p. 11.

') Ce contre -projet se trouve dans les Secr. Rcsol. Rolland, t. XII, p. 606 (le 21 Février 1759. La veille Yorke l'avait communiqué aux Etats-Généraux).

*) Cette pièce manque.

— 33 — (1769. Février.

with thom *), and tho* the Dutch will not be allowed, for the future, the direct trade to the French American Colonies, or to cover the eneray's goods in that part of the world, yet, by the words of the déclaration, whatever shall be hona fide Dutch property and be conveyed from the Dutch settlements to Europe in Dutch bottoms, will be unmolested; at the same time, as they will not be entitled to cover the enneniy's property, the Dutch, for their own sake, must take proper raeasures to verify clearly and distinctly, who are hona fide the owners of the cargoes of their American vessels. It is easy to be imagined, that the barren settlements of S*^ Eustatia and Curaçao subsist chiefly, in time of peace, by an illicit trade with the more fertile possessions of other nations. While this trade was illicit, it was, perhaps, of little national conséquence to Great-Britain, but since France has, in a manner, opened her American ports to nations, who profess a neutrality in the présent war, those two small Dutch settlements are become the grand magazines for the produce of Martinico and S' Domingo; and instead of a few Dutch vessels, that used to be employed by their American settlements, vast fleets are now sailing continually from those insignificant ports laden with euemy's property; but this practice must be put an end to.

There is an affectation of late of comparing His Majesty's proceedings in America to our former dispute with the Spanjards, supposing that the war undertaken against that crown in the year 1740 was upon account of their pretensions of searching our ships, and of condemning as contraband whatever goods or merchaudize of the produce of their own

1) Cf. t. m p. 609.

4s S«rie IV. a

1759. Février.] — 34 —

Colonies should be found on board them. But the case is totally misunderstood ; the pretension of the Spaujards was, to search English vessels in time of peace, and under pretense of an illicit trade carried on with their own settlements, contraiy to treaty they conderaned ail goods suspected to be of Spanish produce and which ought to hâve been stiled smuggled rather than contraband. But the French language, in which the negotiations were carried on, has no distinction of this kind, and ail goes under the gênerai title of contrebande. And hence, in part, arrises the mistake. What His Majesty meant by contraband are such comraodities as become so by the circumstances of war; gun-powder, cannon, arms of ail kinds, raay lawfully be carried from one country to another in time of peace but are contraband in time of war, if carried to the territories of a belligérant power, and as for His Majesty's pretension of visiting neutral ships, it is for contraband, properly so called, not for smuggled goods.

In like manner, what is said of bringing neutral ships to examination, on account of having goods of the produce of the French Colonies on board, is not simply ou account of those commodities ; but as ail nations are prevented trading to each others Colonies, it is a strong presumptiou that goods of the produce of the French settlements are French property, and when such are found on board a neutral vessel, it must be looked upon to be a just cause for strict examination, tho', if they should afterwards be proved hona fide neutral property, they will not be condemned, singly on account of their being the produce of an euemy's settlement.

In order to ascertain tlie property ol the cargoes of Dutch uhipM going to aud from America (and to

35 — f"69. Février.

avoid what they so heavily complain of), being brought into port for exaraination, it is requisite, that the ships-papers should be very free from suspicion, nor will the description of false papers, stated in M. Denick's projet, by any means suffice to clear them. It is impossible to define what is specifîcally meant by false papers. Where there is just cause of suspicion of French-American property being concealed in a Dutch vessel, such vessel raust be visited and examined, and the courts of Admiralty are the only judges, whether she has been frivolously and vexatiously brought in, and the sentence, they pass, cannot be altered but by a regular appeal to a superior court, which you will find particularly referred to in the following extract of the 2^ article of the treaty of the 6tb February 1715/16:

„Quoniam vero disceptationes quaedam incideriut „de articuli duo decirai Tractatus marini praeme- „morati anni millesimi sexcentesimi septuagesimi quarti „explicatioue conventum conclusumque itidem est ad „expediendum omnem ea de re difficultatis nodum „hisce declarare, quod per revisiones in dicto articulo ^designatas iutelliguntur eae, quae in Magna Britanuia „atque in Provinciis Foederatisusu recipiuntur semper- „que receptae fuerunt, quaeque conceduntur semper- „que concessae fuerunt eodem in casu regionum prae- „dictarum incolis et nationi cuicunque extraneae".

I hâve nothing in command from His Majesty in addition to what you are directed to say at the conférence, touching the immédiate release of ail Dutch ships that hâve been, or are, detained in England, previous to any other arrangement; His Majesty cannot alter the methods prescribed by the laws of His Kingdoms and by treaty. The ships, that hâve hitherto been released, hâve not been so by His

17B9. Février.l 36

Majesty's authority but by the consent of the cap tors, convinced of the innocence of the voyage.

HOLDERNESSE

Le même jour Holdernesse envoya la lettre suivante à Renvoyé anglais à Copenhague, WaÙer Titley :

Whitehall February Qtn 1759.

Sir!

I hâve had so many opportunities of expressing His Majesty's regret at finding the pretensions of the Court of Denmark inconsistent with the treaties subsisting with that Crown and such as His Majesty was unable to comply with, that you will easily believe how much His Majesty is pleased at any opening, which may be a means of putting an end to the complaints, that hâve been made touching the détention of Danish Ships, as His Majesty has ever been and still continues truiy solicitons to maintain the strictest friendship with the Court of Copenhagen and to remove ail subjects of discontent as far as was consistent with the dignity of His Crown, the safety of his people and the constitution of His Kingdoms, of which His Majesty is the guardian and protector. Upon the receipt of your letter of the 23 January the King ordered me to lay it before those Lords, that are usually consulted on His Majesty's most secret affairs, and in conséquence of their humble advice to the King I am now commanded to signify to you His Majesty's pleasure, that in answer to the proposai of the expédient, made to you by M. de Bernsdorf, you should acquaint that Minister, that, as soon as the examinations in preparatorio can be taken and the papers found on board the ship examined and the cargo appraized being flrst unladea, if necessary for that purpose, upon an application ma<lo by the Danish claimant to the Court of Âdmiralty and an oiTur mudo of giving sufficient .security to auuwer the légal daim of the captors, that is to say

— 37 — [1769. Février.

(as Mr Bernsdorff explained himself), that the attorneys of the former should ofifer the attorneys of the Jatter a suificient security for as much as appeared to be in litigation between them, whether it was the ship and cargo, the cargo without the ship, or only some particular part of the cargo, so that the value of each respective claim might be made good to the captor in case of a définitive sentence in his favor, and the ships in the mean time be set at liberty with each of them a proper passport or certificate frorn the Court of Admiralty, to prevent their being taken again and brought back to Ëngland, there is no room to doubt, but that in that case ail proper facilities will be given and the ship be released by the Court upon such sufficient security being entered into (excepting always the case of contrebande) and be permitted to proceed on her voyage and a proper passport granted if necessary.

I hâve it farther in command from the Eing to acquaint you, that, in conséquence of the orders, which M"^ de Bernsdorff told you, would be sent to M*^ de Bothmer, that Minister has this day transmitted to me in a letter a mémorial, of which the inclosed ') is a copy; and I hâve the Kings commands to return the same answer in writing to M»" de Bothmer, which you are directed by this letter to give to Mr de Bernsdorff.

HOLDERNESSE

Les causes des vaisseaux capturés furent jugées par la juge de l'amirauté; ce tribunal de première instance — on pouvait interjeter appel de ses arrêts aux Lords de l'amirauté — s'appelait Doctors Commons. Dans les archives de Bentinck il se trouve une notice sur ses jugements, écrite apparemment en Février 1759, qui ne manque pas d'intérêt; si d'un côte elle fait mention d'arrêts arbitraires, de l'autre elle se moque des échappatoires de quelques capitaines de navire néerlandais. La voici:

') Manque.

1769. Février.] 33 „

Extract of the proceedings of Doctors Gommons.

You désire to know something concerning our famous Doctors Gommons and their manner of proceeding, of which I can give you a particular account as I alwayes attended during the sitting of that Court.

To give an account of ail the trials I hâve heard would take up too much time. The ships taking i) from the french admit of no tryal: it is only read in Gourt the nature of the capture and immediatly declar'd a good lawfull prize; but the ships of neutral powers admit of long debates, founded on the following rules laid down by this Gourt and which are: That ail ships bound to or from the french Westlndias or any of the french settlements in America shali be condemn'd, both ship and cargoe; that ail provi; sions bound to France shall be confiscated, but the ships given free; that ail ships bound to the dutch settlements, tho' they should corne from France, shall be free, provided the ship and cargoe are dutch property; that the ships coming from the dutch settlements shall be free both ship and cargo, unless she has been to a french island to take in part or ail her loading, in which case she is to be con" demn'd both ship and cargoe; likewise if any of her cargoe is taking eut of the vessells or barks laying in a port of any of the duch islands, such a part the Court has taking into considération and is to be determined hereafter, but ail goods taking from the shore are free. Ali the above being only founded on the judgment of the Court is often varied according to circumstances.

There were Spanjards condemn'd for going from France to Newfoundland, the Court judging by their cargoe etc. that they were bound to Québec. Cargoes of fish bound lo France from Norway belonging to danish subjects wero condemn'd. Captain Van de Velde from Rotterdam to Curaçao wau condemn'd both ship and loading on his roturn from S*' Domingo to Rotterdam ; the captain declar'd that he was bound to Curaçao, but was taking by two french priva-

M taking au lieu de taken.

39 — [1TJ>9- Férrier.

teers and carried into S*- Domingo and there was forc'd by the Governor to dispose of his loading consisting in provisions, some powder, cannon and bail, for the amount of which he purchas'd a cargoe of sugar etc. and was proceeding to Rotterdam, when taking by an english priva teer. What seem'd to go hard against the Captain was, that he declar'd that he sail'd from Rotterdam bound to Curaçao in April 1757, whereas it was prov'd he sail'd from thence in December 1756 direct to Nantes, where he took in half of his loading ; he was likewise past Curaçao when the French took him. Upon the whole it appear'd to be but a shuffling affair; Mes^ Muilman were claimers, who complain that they hâve not had justice done them. There hâve been a great many such underhanded affairs, which makes people hère think ail the dutch ships are concern'd that way more or less.

Ail causes in this Court are determin'd by the judgement of one man only, who may properly be call'd doctor common, for he constitutes the whole Court, is judge and jury, décides in part or whole as he thinks good. This man is call'd judge of the admiralty, his uame is Sir Thos Salusbury. There are etc.

This week the trials begin again at Doctors Commons. At the last sitting Captain Rondeboom, a ship of Ximines (?), was condemn'd both ship and loading; she saild from Amsterdam bound either to Curaçao or S* Ëustatia, but unluckily mist both those places and therefore saild to S. Domingo, having such orders from his owners; he was first taking and carried into Rhode Island, there given free, afterwards taking in the Chanel and brought in hère. One of the people on board declar'd that they saild from Amsterdam direct to S*^ Domingo without once looking for any other port. As the whole intent of the voyage was for that place, it was allow'd that both ship and loading was dutch property but both were condemn'd as coming from a french island.

Captain Mat. Maauw was at the same time try'd, and altho' he took ail possible précautions to prevent his being detain'd, it was to no purpose. The objections made to the

1769. Février.] — 40 —

other ships were, that they should hâve specified what goods were taking on board from the shore and what out of barks ; this captain Maauw provided against by specifying every particular from whence he receiv'd his goods, but the objections were that his allégations may be false, and likewise that the goods might be french property. In short the sole intent of this Court is to condemn those that hâve any concern with the french and to detain ail the rest; and this is not a matter of doubt but is to me quite plain,

Last Monday i) was held a court at Doctors Gommons when the case of the S*' Eustatia ships was put off till the e*-** of next month (February), when the judge declar'd it should be finnally determin'd and that he would give them no longer indulgence to prove what goods were taking from the shore etc. ; severall gentlemen took the liberty to tell the judge, that he imposed impossibilities on the claimants, and therefore then must wait his decree, as they could give him no satisfaction. He was angry and said it was very well. There was a great deal pass'd but I hâve now no room.

A court was held at Doctors Gommons the 6 instant February, when the détermination of the fate of the dutch ships was postpon'd till the 24 instant, it is said by désire of the States 2) Last Saturday we had a court at Doctors Gommons when about 25 loadings of the S* Eustatia and Curaçao men were condemn'd as french property ^) ; the judge declar'd that they appear'd to be such, since the claimants would not specify what was taking off the shore and what out of barks. It is generally suppos'd that no freight is to be paid. Amongst the above is captain Prent, Desmont, Mat. Maauw, Rinckenberg etc. This proceeding surprises people hère almost as much as it's likely to do with you *). The ship of Corns Bakker was condemn'd as well as his cargoe becauso he had boen to Guada

') Apparemment il faut ajouter: of January.

») NedcrL Jaarb. 17B9 p. 1 65— 161.

3) Cf. Nederl. Jaarb. 1759 p. 274.

<) Cf. lieaol. Holland 1759, p. 349.

— 41 — f>769. Février.

loupe befoie he arriv'd at S'' Eustatia, notwithstanding he had been brought into Rhode Island and given free by the Admiralty Court there, when on his voyage from Guadaloupe to S*' Eustatia. This daya proceedings will justify the privateers in bringing ail the dutch ships up wheresoever thcy meet them.

The Court before this was on the 17 instant (February) when two very exti aordinary cases came before the Court' or more properly were very extraordinary determin'd. The one was Ch. Louwrens i) from Curaçao, who was taken by a privateer and brought into Falmouth (I think); ail the reason the privateer gave for taking was tliat lie was a dutchman and that he apprehended we should soou hâve a dutch war. The captaiu made oath that his ship was built at Amsterdam, nam'd ail the owners names, and that the director was Mat. Oosters, but ail to no purpose: he was condemn'd to prove the property of ship and loading and to pay ail expences, both his own and the privateers; what seem'd to go mostly against him was that bis passes and papers were sent to him to Hamburg and that he had not been in Holland for three years.

The other ship was that of captain Blok being a concern of Mess'^ Hope of Amsterdam. This ship had been with a loading of masts to Brest, from thence went to Port Louis and took in a loading of hemp for Brest; she went under convoy of two french ships of war and had a french captain or pilote on board who was order'd to burn ail the papers, if she should fali into the hands of the Ënglish, which so happened, for they were attack'd by some english ships of war; the Irench run away and the dutchman (was) taking Yet notwithstanding the hemp was allow'd to belong to the french King and the being under the command (convoy) of french men of war and the burning her papers, both ship and loading were restor'd to the Hopes 2).

^) Cf. Nederl. Jaarb. 1759, p. 274.

2) Ihid. p. 649.

1759. Février.] 42 —