when they understood that the faid ambaffador, after having read his inftructions, had fent a note to the recorder, wherein he called the abovefaid refolve illufive, and flatly refused to tranfmit it to his court! This obliged their High Mightinefles to fend it to Count Welderen, their minifter at London, with orders to lay it immediately before the minifter of his Britannic Majefty; but the refufal of the latter created an obftacle to the execution of thofe orders.

All the circumftances of this affair being thus expofed, the impartial public will be enabled to appreciate the principal motive, or rather pretence, to which his Brittannic Majefty has had recourfe, in order to give a fcope to his defigns against the Republic. To this we may reduce the whole matter his Majefty was informed of a negociation which would have taken place between a member of the government of one of the provinces, and a reprefentative of the American congrefs; which negociation intended to lay the plan of a treaty of commerce to be concluded between the Republic and the faid colonies, cafu quo, that is to fay, that in cafe the independency of those colonies fhould be acknowledged by the crown of England; this negociation, although conditional, and holding by a clause which depended on the anterior act of his majefty, this negociation, which without the faid act, or anterior declaration, could not have the leaft effect, was fa mifconftrued by his Majefty, and excited his difpleasure to fuch a degree, that he thought proper to require from the States a public difavowal and difapprobation,

as well as a complete punishment and fatisfaction: it was in confequence, and without the leaft delay, that their High Mightineffes acceded to the first part of his requifition; but the punishment infifted upon was not within their power, and they could not affent to it, without ftriking at the root of the fundamental conftitution of the ftate. The States of the province of Holland were the only ones to which it pertained lawfully to take cognizance of it, and to provide thereto by the ordinary means and the authority of the laws. This fovereign ftate adhering to the maxims which oblige them to refpect the authority of the laws, and fully convinced that the maintaining that department in all the integrity and impartiality which are infeparable from it, is the firmeft bafis of the fupreme power; that fovereign ftate, obliged by what is held moft facred, to defend and protect the rights and privileges of its fubjects, could not forget itself fo far as to fubmit to the will of his Britannic Majefty, by attempting to overturn thofe rights and privileges, and exceeding the limits prefcribed by the fundamental laws of its government: thefe laws required the intervention of the judicial department, and thofe were the means which the above states refolved to ufe, by requiring on this object, the advice of the court of justice, eftablished in their province.

By an adherence to this method it was, that, before the eyes of his Britannic Majefty, the English nation, and all Europe, were dif played the unalterable principles of that juftice and equity which form the leading feature of the

Dutch

Dutch conftitution, and which, in fo important a part of public adminiftration, we mean that which concerns the exercife of the jufticary power, will for ever ferve as abulwark against whatever could militate with the fecurity and independance of a free nation. It was alfo by thefe means, and by following this road, that, far from precluding justice, or evading the punishment required, a free courfe, on the contrary, has been laid open to a regular procefs, conformably to the conftitutional principles of the Republic; and by the fame reafon, in fhort, depriving the court of London of any pretence to complaint of a denial of juftice, care has been taken to anticipate the leaft fhadow, or appearance of reafon, which might have authorifed that court to make reprifals; to which, nevertheless, it has had recourse without fcruple, in a manner equally odious and unjust.

To thefe ends, and finee, after the repeated outrages and heavy loffes which the fubjects of this Republic must have experienced from his Britannic Majefty, their High Mightineffes find themselves furthermore provoked, and affailed by his aforefaid Majefty, and compelled to use those means which they have in hand, in order to defend the precious rights of their liberty and independence; they entertain the firmeft hope that the Lord of hofts, the God of their fathers, who, by the palpable direction of Providence, fupported and carried this Republic through the greatest dangers, will blefs the means which they have determined to employ, by crowning the juftice. of their arms, with the ever-tri

umphant affiftance of his omnipo tent protection; whilft their High Mightineffes will ardently figh after the inftant, when they fhall fee their neighbour and old ally, but now their enemy, recalled to fentiments more moderate and equitable. And it is at that period, where their High Mightineffes will improve all the opportunities which, confonant with the honour and independence of a free ftate, may tend to a reconciliation between them and their old friend and ally.

Thus given and fettled in the affembly of their High Mightinefies, our lords the States General of the United Provinces, at the Hague, the 10th day of March, 1781.

Signed, Coca. HAAFTAN, Vt.

By command, H. FAGEL.

Contraband, their imperial and royal majefties declare that the meaning of the faid word, is folely reftrained to fuch goods and commodities as are mentioned under that denomination in the treaties fubfifting between their faid majefties and either of the belligerent powers. Her imperial majefty abiding principally by the Xth and XIth articles of the treaty of commerce with Great Britain; the conditions therein mentioned, which are founded on the right of nations, being understood to extend to the kings of France and Spain; as there is at prefent no fpecific treaty of commerce between the two latter and the former. His Danish majefty, on his part, regulates his conduct in this particular by the first article of his treaty with England, and the XXVIth and XXVIIth of that fubfifting between his said majefty and the king of France, extending the provifions made in the latter to the Catholic King; there being no treaty ad hoc, between Denmark and Spain.

III. And whereas by this means the word contraband, conformable to the treaties now extant, and the Atipulations made between the contracting powers, and those that are now at war, is fully explained; efpecially by the treaty between Ruffia and England of the 20th of June 1766; between the latter and Denmark, of the 11th of July 1670; and between their Danish and moft Chriftian Majefties, of Auguft 23d, 1742; the will and opinion of the high contracting powers, are, that all other trade whatsoever shall be deemed and remain free and unrestrained.

By the declaration delivered to

the belligerent powers, their contracting majefties have already challenged the privileges founded. on natural right, whence fpring the freedom of trade and navigation; as well as the right of newtral powers; and being fully determined not to depend in future merely on an arbitrary interpretation, devifed to anfwer fome private advantages or concerns, they mutually covenanted as followeth:

Firft, That it will be lawful for any fhip whatever to fail freely from one port to another, or along the coaft of the powers now at war.-2dly, That all merchandise and effects belonging to the fubjects of the faid belligerent powers, and fhipped on neutral bottoms, fhall be entirely free; except contraband goods.-3dly. In order to afcertain what conftitutes the blockade of any place or port, it is to be understood to be in fuch predicament, when the affailing power has taken fuch a itation, as to expofe to imminent danger, any fhip or fhips that would attempt to fail in or out of the faid ports. -4thly, No neutral hips fhall be ftopped without a material and well-grounded caufe: and in fuch cafes juftice fhall be done to them without lofs of time; and besides. indemnifying, each and every time, the party aggrieved, and thus ftopped without fufficient caufe, full fatisfaction shall be given to the high contracting powers, for the infult offered to their flag.

IV. In order to protect officially the general trade of their refpective fubjects, on the fundamental principles aforefaid, her Imperial, and his royal majesty have thought proper, for effecting fuch purpose,

each

each refpectively to fit out a proportionate rate of fhips of war and frigates. The fquadron of each of the contracting powers fhall be ftationed in a proper latitude, and fhall be employed in efcorting convoys according to the particular circumstances of the navigators and traders of each nation.

V. Should any of the merchant men belonging to the fubjects of the contracting powers, fail in a latitude where fhall be no fhips of war of their own nation, and thus be deprived of the protection; in fuch case, the commander of the fquadron belonging to the other friendly power fhall, at the request of faid merchantmen, grant them fincerely, and bona fide, all neceffary affiftance. The fhips of war and frigates, of either of the contracting powers, fhall thus protect and affift the merchantmen of the other: provided nevertheless, that under the fanction of fuch tequired affifiance and protection, no contraband be carried on nor any prohibited trade, contrary to the laws of the neutrality.

VI. The prefent convention cannot be fuppofed to have any relative effect; that is to extend to the differences that may have arifen fince its being concluded: unless the controverfy fhould fpring from continual vexations which might tend to aggrieve and opprefs all the European nations.

VII. If, notwithstanding the cautious and friendly care of the contracting powers, and their fteady adherence to an exact neutrality, the Ruffian and Danish merchantmen fhould happen to be infulted, plundered, or captured by any of the armed fhips or privateers belonging to any of the

belligerent powers: in fuch- cafe the ambaffador or envoy of the aggrieved party, to the offending court, fhall claim fuch ship or fhips, infifting on a proper fatisfaction, and never neglect to obtain a reparation for the infult offered to the flag of his court. The minifter of the other contracting power fhall at the fame time, in the moft efficacious and vigorous manner, defend fuch requifition, which fhall be fupported by both parties with unanimity. But in cafe of any refusal, or even delay in redreffing the grievances complained of; then their majeftieswill retaliate against the power that shall thus refufe to do them justice, and immediately agree together on the moft proper means of making well-founded reprisals.

VIII. In cafe either of the contracting powers, or both at the fame time, should be in any manner aggrieved or attacked, in confequence of the prefent convention, or for any reafon relating thereto; it is agreed, that both powers will join, act in concert for their mutual defence, and unite their forces in order to procure to themselves an adequate and perfect fatisfaction, both in regard to the infult put upon their refpective flags, and the loffes fuffered by their subjects.

IX. This convention fhall remain in force for and during the continuance of the prefent war; and the obligation enforced thereby, will ferve as the. ground-work of all treaties that may be fet on foot hereafter: according to future occurrences, and on the breaking out of any fresh maritime wars which might unluckily disturb the tranquillity of Europe. Mean

while all that is hereby agreed upon fhall be deemed as binding and permanent, in regard both to mercantile and naval affairs, and fhall have the force of law in determining the rights of neutral nations.

X. The chief aim and principal object of the prefent convention being to fecure the freedom of trade and navigation, the high contracting powers have antecedently agreed, and do engage to give to all other neutral powers free leave to accede to the prefent treaty, and, after a thorough knowledge of the principles on which its refts, fhare equally in the obligations and advantages

thereof.

XI. In order that the

powers,

now at war, may not be ignorant of the ftrength and nature of the engagements entered into by the two courts aforefaid; the high contracting parties fhall give notice, in the moft friendly manner, to the belligerent powers, of the measures by them taken; by which, far from meaning any manner of hoftility, or caufing any loss or injury to other powers, their only intention is to protect the trade and navigation of their refpective fubjects.

XII. This convention fhall be ratified by the contracting powers, and the ratifications interchanged between the parties in due form, within the space of fix weeks, from the day of its being figned, or even fooner, if poffible. In witnefs whereof, and by virtue of the full powers granted us for the pur

pofe, we have put our hands and
feals to the present treaty.
Given at Copenhagen, July
the 19th, 1780.
(Signed)

CHARLES D'OSTEN, called
SOKEN.

J. SCHACK RATLAU,
A. P. COMPTE BERNSTORFF.
O. THOFT.
H. EIKSTEDT.

Acceded to, and figned by the plenipotentiaries of the court of Sweden, at Petersburgh, 21ft of July, 1780, and by the StatesGeneral accepted Nov. 20, 1780, and figned at Petersburgh, Jan. 5, 1781, with the addition only of

article

XIII. If the refpective fquadrons, or fhips of war, should meet or unite, to act in conjunction, the command in chief will be regulated according to what is commonly practifed between the crowned heads and the Republic.

Great