Papers of John Adams, volume 7
1778-10-10
We have received yours of the 2d Instant, with the Declaration sign'd by Mr. Van Berikel, and his explanatory Letter to you,1 which give us much Pleasure, as they show the good Disposition of that respectable Body, the Burgomasters of Amsterdam towards the United States of America, and their Willingness, as far as may depend on them, to promote, between the Republick of the United States Low Countries in Europe and the said States, “a Treaty of perpetual Amity containing reciprocal Advantages with respect to Commerce between the Subjects of be assured that such a Treaty will be very agreable to
as is above described would at this time meet with no obstacle on the Part 129of the United States of America, who have great Esteem and Respect for your Nation; and that nothing will be wanting on our Part to accomplish the End proposed. We would only remark, that the Mentioning it in the Declaration as a Thing necessary to precede the Conclusion of such a Treaty that American Independence should be acknowledged by the English, is not understood by us, who conceive there is no more Occassion for such an Acknowledgement before a Treaty with Holland, than there was before our Treaty with France. And we apprehend that if that Acknowledgement were really necessary,3 or waited for, England would probably might endeavour to make an Advantage of it in the future Treaty of Pacification, to obtain for it some Privileges in Commerce, perhaps exclusive of Holland. We wish therefore that Idea to be laid aside, and that no farther Mention may be made to us of England in this Business.
We are, Sir, Your most obedient humble Servants.4
For the declaration, as well as an extract from van Berckel's letter to Dumas, see van Berckel to the Commissioners, 23 Sept., and note 2 (above).
At this point, immediately before “be,” at the beginning of a line, Lee inserted an “X” and, in the left margin of the first page, wrote: “M. Vanberkle's Letter proposes to have the commercial Treaty with France examined and accommodated to our present object, by some Merchants of Amsterdam. I submit therefore whether we can with propriety assurwoud at this time meet with no obstacle on the part of the United States. I put in, at this time, to leave room for them to apprehend that if delayd it may meet with obstacles. A. Lee.”
Responding to Lee's comments, Benjamin Franklin noted in the top margin of the first page: “The Remark in the Margin is not founded; the Words such a Treaty evidently refer to the foregoing Description of the Treaty, which is taken from the Burgomasters own Declaration. B F.” Lee may also have underlined the passage, including the portion that was deleted, beginning with “be” and ending with “States.” The sixteen words beginning with “as is above described” and ending with “on the part of” were later interlined for insertion. The underscore under “the United States” was erased.
Immediately after “necessary” Lee inserted an “a” and, in the left margin of the draft's second page, noted: “Or waited for, England &c. It seems to me that this apprehension cannot be pressed upon them too often, or too much; and there-130fore I wou'd propose to add the above, and leave out probably which weakens the argument. A. Lee.” Lee's proposed insertion, as well as “might” as a substitute for “would probably,” were interlined.
After the alterations suggested by Lee had been inserted and the recipient's copy prepared, the revised draft was returned to Lee. Immediately below the comment quoted in note 3 he wrote: “Chaillot. Oct. 13th. 1778. I cannot help repeating my opinion that a personal interview to state and urge the Arguments for an immediate conclusion woud succeed; and that such a treaty woud prevent our Enemies from venturing upon another campaign. A. Lee.” In view of the political situation in the Netherlands and van Berckel's letters to the Commissioners and Dumas of 23 Sept., Lee's proposal had no chance of succeeding and such an initiative was never attempted, but see Dumas' letter of 30 Oct., note 4 (below).
1778-10-10
I have just been favoured with a communication of M. de Sartine's Letter to you of 7th. instant, in which I am referred to a course of Law for the recovery of my Baggage, on board the Ship Nile, carried into Marseilles by a French Privateer. This I can not approve of, as my claim is founded on an Article in the Treaty which expressly declares that the goods of an American put on board of an enemy's Ship before the declaration of war, or even two Months after such declaration, “shall be well, and truly restored without delay, to the Proprietor demanding the same.”1 I am the more surprized at M. de Sartine's Letter, as he promised me, upon my application to him several days ago that they should be restored. This promise was made after he had seen a copy of the Bill of Lading, and knew that my name did not appear upon any part of it. The reason which has already been given for this circumstance appears to me so good a one, that I am astonished at finding it offered now as a cause of detention. What proofs may be thought necessary in support of my claim I know not. My name is in many of the Books, and one of the Boxes contains a great number of my papers with my name upon them.
I am clearly of opinion that this ought to be looked upon as sufficient proof, and that I ought not to be involved in the trouble, and expence of a Lawsuit. Should M. de Sartine continue of a different opinion I should be glad to know what other proof will be expected. The Testimony of my Merchant in London who shipped the things shall be procured if necessary; and likewise that of the Merchant in Leghorn, and the Abbe Niccoli to whom they were addressed. In the mean time as I understand by M. de Sartine's Letter that the ship was adjudged a good Prize on the 20th. of last Month, the goods may be sold, unless an immediate stop be put to it by a Letter from the Min-131istry. As I understand that you are going tomorrow to Versailles, I must beg the favour of you to speak to M. de Sartine about this matter. I am very desirous to avoid, if possible, all cause of uneasiness, or contest with France; and therefore I hope that in this instance I shall not upon any pretence whatever be deprived of my property.
I have the honour to be Gentlemen Your most obt. hble Servt
Art. 14 of the Treaty of Amity and Commerce. The opening quotation marks have been supplied.