ON

HAGUE.

N the 22d Dec. 1758, Major. General Yorke delivered the following memorial to the deputies of the States General:

"High and Mighty Lords, "I had the honour to acquaint you at the conference I obtained of your High Mightinesses on the 7th instant, that the King my

master had authorized and instructed me to enter into a negocia tion with such persons as your High Mightinesses should think proper to nominate for that end; but that, as the affair required a minute discussion, it would be impossible to terminate it without some farther explanations. It is with the highest pleasure that I this day open our conferences on this important subject; and I flatter myself, that if your High Migh tinesses are as desirous of a reconciliation as His Majesty is, it will soon be happily concluded.

"By the two resolutions of Sept. 12, and Sept. 25, which were delivered to me the day following, your High Mightinesses thought proper to make some difficulty of receiving the declaration which I had the honour to present to you, in the King's name, against the -trade carried on by your subjects -to the French colonies in America, for the account of those very co. lonies. If His Majesty, on being informed thereof, commanded me to declare that he could not depart from his preceding declara tion, it was because he thought this claim had no foundation in

the treaties subsisting between him and the republic Besides, should. the persons concerned in this tradeeven be able to wrest the sense of treaties, so as to deceive their friends, and make the obstructing of it by England pass for a griev ance, still His Majesty is persuaded that their High Mightinesses will see with pleasure that His Majesty sets aside the discussion of this treaty, which is connected with so many others, and sets himself wholly to do the subjects of his ancient allies all the service, and to grant them every favour that shall not notably prejudice the welfare and safety of his people. It is in this light that His Majesty considers the trade, directly or indirectly, to the French colonies in America.

His Majesty is at war with the Most Christian King: he cannot hope to get out of it with safety, or obtain a speedy and lasting peace, which is His Ma. jesty's sole aim, if the princes who have declared themselves neuter, instead of contenting themselves with trading as usual, without any risk, assume a right of carrying on that trade with the King's enemies, which is not allowed them in time of peace. The injustice of this proceeding is too appa rent to require more to be said on it one may venture to appeal to your High Mightinesses' own conduct in the like case. A trade of this nature was never suffered by you, and it hath been

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opposed by the Salus Populi in all countries in like circumstances......

"His Majesty sees with pleas sure the trade of his neighbours flourish, and would behold its in. crease with satisfaction, if its pros perity were not repugnant to this primary law: but he likewise persuades himself, that never, for the sake of some transient proft to individuals, will his ancient allies be the first to injure England in this essential part. Considering the thing in this light, I cannot doubt but your High Mightinesses will give the King the pleasure to hear that they, for their subjects, have honestly abandoned it, and that this stumbling-block is for ever removed. In settling this point, His Majesty commands me to include in it the change commonly called Overscheepen, which is made of a French vessel into a Dutch vessel, when the former dares not continue her course, and endeavours to save herself by carry ing neutral colours, in order to avoid seizure at sea by the King's ships. Your High Mightinesses, while you acknowledge the justice of my first demand, cannot refuse the second; since that would be to declare, that you treat with good faith, whilst, at the same time, a more dangerous door

would be left for fraud. Such a conduct is unworthy of the equity of your High Mightinesses; especially in the present case, when the question is the prevention of any object of future dispute, and the restoration of harmony and good neighbourhood between the two powers.

"The last point of my instructions, which relates to the amicable demands made by His Majesty to your High Mightinesses, VOL. I.

requires a more minute considera. tion. I cannot enter upon that subject yet, but reserve it till afterwards. I must, nevertheless, observe to you, that the King has seen, not without pain, yet without giving them any molesta, tion, a great number of Dutch ships pass by his harbours, since the commencement of the war laden with all sorts of materials for building and repairing his enemies' fleets. His Majesty asks that certain articles of naval stores may be comprehended in the class of contraband: but he will so settle it with your High Mighti nesses, as that the inoffensive trade of your subjects to the north of Europe (if I may use that term) shall not be involved in this article. Your High Mightinesses, who are yourselves a maritime power, and know how to contend for, and defend your prerogatives as such, must always allow that, in the present war against France, it is both the King's interest and his duty, not only to hinder the marine of his enemy from becoming too formidable, but also to employ all means to weaken it. Can it be disputed that naval stores are not, in this view, as prejudicial as balls and gunpowder ?

"Let France be without ships, and her warlike stores will never make England uneasy. The importance of this article is so evi. dent, that the King ventures to refer it to the judgment of your High Mightinesses. These, my lords, are my instructions, with regard to the satisfaction which the King would think himself entitled to require from the friendship and justice of the republic, if he had no other foundation for L

his

his claim; but I have already in. formed you, that it is His Majesty's sincere desire to unite his own safe. ty with the convenience of your High Mightinesses, which makes it unnecessary for me to enlarge on this head.

"In this representation of the points on which I have orders to insist with your High Mightinesses, I have endeavoured to follow the method which you yourselves have begun to put in practice; that is to say, first to state the claim, and afterwards propose the expedi.

ents.

"I come now to the articles of your resolutions of the 25th of Sep. tember last.

I. As to the demand contained in the first article, I must observe to your High Mightinesses, that this very treaty, which you so strongly insist on, prescribes the manner of proceeding in case of seizure or detention; and that you cannot claim the exercise of an extra-judicial power by His Majesty, whose hands are tied, with regard to his own subjects, by the laws, and, with regard to foreigners, by treaties. If there have been any irregular sentences, either the judge must have been misled by appearances at the hearing of the cause, or delays were made, of which there was just reason to complain. The sựpreme court, established for judg ing in the last resort, hath always been ready to revise and correct abuses, if at any time any could be discovered in the sentences of the inferior courts. But your High Mightinesses will give me leave to observe, that it is very extraordinary that not one appeal hath yet been thrown in, notwithstand. ing the assurances, given to your

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High Mightinesses by many per sons. This is a fact at which every body in England is astonished. And, doubtless, had the appellants been desirous to be heard, the number of complaints would have been greatly diminished.

"Meanwhile, to assist and relieve the subjects of your high Mightinesses as much as possible, and to avoid confounding the innocent with the guilty, His Majesty hath just now ordered an exact list to be delivered to him, of all the Dutch vessels detained in his harbours, in order to call those to an account who may have brought them in on frivolous pretences; to oblige them to release them, and to hasten the finishing of the trials in general. If there remains any thing more to be done for the further facility and security of the navigation of the republic, it will readily be agreed to by His Majesty. The nation is desirous to second the King's good intentions on this head. I flatter myself that these assurances will be sufficient to dissipate those ill-grounded fears which possess certain persons in these provinces. A mutual confidence, and a desire to avoid any subject of animo. sity, are highly requisite in treating of matters of such importance, and of such a complicated nature.

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