and to communicate to you the measures which she has taken in consequence. Similar invitations have been already made to the courts. of Copenhagen, Stockholm, and Lisbon, to the end that, by the common cares of all neutral maritime powers, a neutral system, founded on justice, and which, by its real utility, may serve as a rule for future ages, may be established and made legal in favor of the commercial navigation of neutral nations. The subscriber makes no doubt that your high mightinesses will take into consideration the invitation of her imperial majesty, and concur in making, without delay, a declaration to the belligerent powers founded upon the same principles with those of the empress, his sovereign, by explaining your sentiments at the same time upon the subject of the protection of your commerce, of your navigation, and of the nature of contraband goods, conformably to the terms of your particular treaties with other nations. Moreover, the subscriber has the honor to assure your high mightinesses that if, for establishing solidly a system equally glorious and advantageous to the prosperity of navigation in general, you will commence a negotiation with the neutral powers above mentioned, to the end to establish a particular convention upon this subject, the empress, his sovereign, will be ready to engage in it.

Your high mightinesses will readily perceive the necessity of coming to a resolution upon subjects equally important and advantageous to humanity in general.

The subscriber requests the favor that your high mightinesses would furnish him with a speedy answer. Gallitzin.

DECLARATION OF HER MAJESTY THE EMPRESS OF RUSSIA, MADE TO THE COURTS OF VERSAILLES, MADRID, AND LONDON, MENTIONED IN THE

FOREGOING MEMORIAL

The Empress of all the Russias has manifested so visibly the sentiments of justice, equity, and moderation which animate her, and has given, during the whole course of the war maintained against the Ottoman Porte, such convincing proofs of her attention to the rights of neutrality and the freedom of commerce in general, that in this respect she may appeal to the testimony of all Europe. This conduct, as well as the scrupulous exactness with which she has observed the rules of neutrality during the course of this war, has given her room to hope that her subjects would peaceably enjoy the fruits of their industry and the advantages which belong to all neutral nations. Experience has, however, taught her the contrary, since neither these considerations nor the regard due to what the law of nations in general prescribes have been able to hinder the subjects of her majesty from being oftentimes troubled in their navigation or interrupted or retarded in their commerce by the subjects of the belligerent powers. These interruptions having come upon business in general, and that of Russia in particular, are of a nature to awaken the attention of all the neutral nations, and oblige her majesty the empress to seek to deliver herself from them by all means suitable to her dignity and the well-being of her subjects.

But before she shall put them in execution, being filled with a sincere desire to prevent all subsequent acts of violence, she has thought

that it was consistent with her equity to lay open to all Europe the principles which will govern her, and which are indispensable to prevent all misunderstanding, as well as all which might give occasion to it. To this she has determined herself with so much the more confidence, as these principles are drawn from the primitive law of nations and adopted by all nations, which the belligerent powers themselves can not enervate—at least not without violating the laws of neutrality and contemning the fundamental rules which they themselves have adopted in divers treaties and alliances now existing:

ARTICLE I. That all neutral vessels ought to navigate freely from one port to another, as well as upon the coasts of the powers now at war.

ART. II. That the effects belonging to the subjects of the belligerent powers shall be free in neutral ships, excepting always contraband goods.

ART. III. That her imperial majesty, in consequence of the limits above fixed, will adhere strictly to that which is stipulated by the tenth and eleventh articles of her treaty of commerce with Great Britain, concerning the manner in which she ought to conduct towards all the belligerent powers. [These articles limited contraband to arms and munitions of war.]

ART. IV. That as to what concerns a port blocked up, we ought not, in truth, to consider as such any but those which are found so well shut up by a fixed and sufficient number of vessels belonging to the power which attacks it that one can not attempt to enter into such port without evident danger.

ART. V. That these principles above laid down ought to serve as a rule in all proceedings, whenever there is a question concerning the legality of prizes.

From these considerations her Imperial majesty makes no difficulty to declare that, wishing to insure the execution of that which is herein before declared, to maintain at the same time the honor of her flag, as well as the safety of the commerce of her states, and also to protect the navigation of her subjects against all those whom it may concern, she has given orders that a considerable portion of her maritime forces shall be put to sea, with no other intention than to insure the observation of the most exact and the most strict neutrality, which her majesty proposes to keep as long as she shall not see herself absolutely forced to depart from that system of moderation and of perfect neutrality which she has adopted, in such sort that it will not be but in the last extremity that her fleet will exercise her final orders to go wherever the necessity and the circumstances may require.

It is, then, by assuring the belligerent powers in the most solemn manner, and with all that rectitude and sincerity which form the distinguishing character of her Imperial majesty, that she declares to them that she proposes to herself no other thing than to convince them of the sentiments of equity with which she is animated, as well as of the tendency of her salutary views towards the well-being of all nations in general, and particularly of those now at war, and that consequently her Imperial majesty will provide her admiralty as well

as her generals with instructions relative to this system, extracted from the code of nations, and which they have so often taken for rules in their treaties.

I have [etc.]

7

JOHN ADAMS

The Peace Commissioner (J. Adams) to the President of the Continental Congress (Huntington)1

PARIS, April 14, 1780.

SIR: Everything which tends to show the probability of a general association of the maritime powers against the violences at sea which the English have practised, and which other nations after their example have begun, and which tends to prove the justice, the wisdom, and the humanity of such an association, is worthy of observation. For my own part, I think that the abolition of the whole doctrine of contraband would be for the peace and happiness of mankind; and I doubt not, as human reason advances, and men come to be more sensible of the benefits of peace, and less enthusiastic for the savage glories of war, all neutral nations will be allowed, by universal consent, to carry what goods they please in their own ships, provided they are not bound to places actually invested by an enemy.

Instructions of the Continental Congress to Commanders of Private Armed Vessels, May 2, 1780 2

Instructions to the captains and commanders of private armed vessels, which shall have commissions or letters of marque and reprizal.

1. You may, by force of arms, attack, subdue and take all ships and other vessels belonging to the crown of Great Britain or any of the subjects thereof, on the high seas, or between high water and low water marks (except the ships or vessels, together with their cargoes, belonging to any inhabitant or inhabitants of Bermuda, and such other ships and vessels bringing persons with intent to settle and reside within the United States, which you shall suffer to pass

614.

1Wharton, The Revolutionary Diplomatic Correspondence, vol. ш, pp. 612Journals of the Continental Congress, vol. xví, pp. 406–408.

unmolested, the commanders thereof permitting a peaceable search and giving satisfactory information of the contents of the ladings, and destination of the voyages) and you may also annoy the enemy by all the means in your power, by land as well as by water, taking care not to infringe or violate the laws of nations, or the laws of neutrality.

2. You are to pay a sacred regard to the rights of neutral powers, and the usage and custom of civilized nations; and on no pretence whatever presume to take or seize any ships or vessels belonging to the subjects of princes or powers in alliance with these United States, except they are employed in carrying contrabrand goods or soldiers to our enemies; and in such case you are to conform to the stipulations contained in the treaties subsisting between such princes or powers and these states; and you are not to capture, seize or plunder any ships or vessels of our enemies being under the protection of neutral coasts, nations or princes, under the pains and penalties expressed in a proclamation issued by Congress the ninth day of May, Anno Domini, 1778.

3. You shall bring such ships and vessels as you shall take, with their guns, rigging, tackle, apparel, furniture and ladings, to some convenient port or ports, that proceedings may thereupon be had, in due form of law, concerning such captures.

4. You shall send the master, or pilot, and one or more principal person or persons of the company of every ship or vessel by you taken in such ship or vessel, as soon after the capture as may be, to be by the judge or judges of such court as aforesaid examined upon oath, and make answer to such interrogatories as may be propounded, touching the interest or property of the ship or vessel and her lading; and at the same time you shall deliver, or cause to be delivered, to the judge or judges, all passes, sea-briefs, charterparties, bills of lading, cockets, letters, and other documents and writings found on board, proving the said papers by the affidavit of yourself or of some other person present at the capture, to be produced as they were received, without fraud, addition, subduction or embezzlement.

5. You shall keep and preserve every ship or vessel and cargo by you taken, until they shall, by sentence of a court properly authorised, be adjudged lawful prize, or acquitted, not selling, spoiling, wasting or diminishing the same, or breaking the bulk thereof, nor suffering any such thing to be done.

6. If you, or any of your officers or crew, shall in cold blood, kill or maim, or, by torture or otherwise, cruelly, inhumanly, and contrary to common usage and the practice of civilized nations in war, treat any person or persons surprized in the ship or vessel you shall take, the offender shall be severely punished,

7. You shall, by all convenient opportunities, send to the Board of Admiralty written accounts of the captures you shall make, with the number and names of the captives, and intelligence of what may occur, or be discovered concerning the designs of the enemy, and the destinations, motions and operations of their fleets and armies. 8. One-third at least, of your whole company, shall be land men. 9. You shall not ransom or discharge any prisoners or captives, but you are to take the utmost care to bring them into port; and if, from any necessity, you shall be obliged to dismiss any prisoners at sea, you shall, on your return from your cruise, make report thereof on oath, to the judge of the admiralty of the State to which you belong, or in which you arrive, within twenty days after your arrival, with your reasons for such dismission. And you are to deliver, at your expence, or the expence of your owners, the prisoners you shall bring into port, to a commissary of prisoners nearest the place of their landing, or into the nearest county goal.

10. You shall observe all such further instructions as Congress shall hereafter give in the premises, when you shall have notice thereof.

11. If you shall do anything contrary to these instructions, or to others hereafter to be given, or willingly suffer such thing to be done, you shall not only forfeit your commission, and be liable to an action for breach of the condition of your bond, but be responsible to the party grieved, for damages sustained by such malversation.

9

·The Minister in France (Franklin) to the Agent for American Cruisers (Torris)1

PASSY, May 30, 1780.

SIR: In my last, of the 27th instant, I omitted one thing I had intended, viz, to desire you would give absolute orders to your cruisers not to bring in any more Dutch vessels, though charged with enemy's goods, unless contraband. All the neutral states of Europe seem at present disposed to change what had never before been deemed the law of nations, to wit, that an enemy's property may be taken wherever found, and to establish a rule that free ships shall make free goods. This rule is in itself so reasonable, and of a nature to be so beneficial to mankind that I can not but wish it may become general; and I make no doubt but that the Congress will agree to it in as full an extent as France and Spain. In the mean time, and until I have received their orders on the subject, it is my intention to condemn no more English goods found in Dutch vessels unless

1

1 Wharton, The Revolutionary Diplomatic Correspondence, vol. I, pp. 740-741.

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