ships fhould take in any warlike ftores, and defired them to quit the road as foon as poffible, without being admitted to fojourn, but just as long as would prove abfolutely neceffary to repair the damages fuffered at fea; declaring formally at the fame time, that in cafe of a longer delay, their departure fhould be pofitively infifted upon. To this purpose, the commanding officer in the faid road, took care to make every requisite difpofition, the effects of which the privateer of Paul_rial, insisted on the punishment [42. 663.] Jones had hardly time to prevent [41. 723.]

to whom, as being invested, as the States of the other provinces, with a fovereign and exclusive authority over their fubjects, was to be fubmitted an affair which their H. M. had no reason to doubt but the other States of the faid provinces would regulate according to the exigen cy of the cafe, and conformable to the laws of the State, and the principles of equity. The eagernefs with which the Chevalier Yorke, by his fecond memo

In regard to what has happened in other parts of the world, the information tranfmitted to their H. M. from time to time, from the Eaft Indies, are in direct oppofition to thofe which feemed to have been laid before his B. M. The frequent complaints of the Eaft-India direction addreffed to them, and which the love of peace hath obliged the latter to fmother, as it were in their breafts, are fo many incontrovertible proofs of the affertion. The measures taken in regard to the Weft Indies before mentioned, will ferve at all times for an unqueftionable proof of the fincerity, of the zeal, and of the attention with which their H. M. have affiduously endeavoured to obferve in these countries the moft exact and ftrict neutrality; nor could their H. M. find out the leaft legal proof of any infraction of their orders in this refpect.

could not, of courfe, but appear very ftrange to their H. M.; and their furprife still increased, when, three days after, the fame ambaffador verbally declared to the President of their H. M. that if he did not receive the very fame day an answer to his memorial, in every refpect fatisfactory, he thould find himself obliged to acquaint his court thereof by an extraordinary courier. Their H. M. informed of this declaration, foon perceived its importance, as a manifestation of the measures already determined on in the King's council; and although, according to the established cuftom, fuch verbal declarations from foreign minifters admit of no deliberation, they neverthelefs thought proper to fet it afide on this occafion, and to order their Greffier to wait on the Chevalier, and inform him, that his memorial had been taken ad referendum by the deputies of the refpective provinces, according to the received cuftom and conftitution of government ; adding, at the same time, what seems defignedly omitted in the Manifesto, that they would endeavour to frame an anfwer to his memorial as foon as possible, and the conftitution of government would permit. In confequence thereof, a few days after, the deputies of the province As foon as this ambaffador had pre- of Holland gave notice to the affembly fented a memorial, dated Nov. 10. 1780, of their H. M. that the States of their their H. M. without noticing the expref- province had, una voce, refolved to refions rather unbecoming between fove- quire the advice of their court of justice reigns, with which this memorial abound-in regard to the requifition of punish ed, did not delay entering into the moft ferious deliberation on that matter; and by their refolution of the 27th of the fame month [42.664.], they did not hefitate to disclaim and disapprove publicly whatever had been done in this affair.

As for what concerns the project of an eventual treaty of commerce with North America, framed by a member of the government of the province of Holland, without the fanction of any public authority, and the memorials prefented on this matter by the Chevalier Yorke, the matter happened as follows.

After this they had every reason to expect, that his B. M. would have acceded to this declaration, fince he could not be ignorant, that their H. M. have no jurifdiction over the respective provinces; and that it was the States of Holland

ment, requesting the faid court to give their opinion as foon as poffible, foregoing all other affairs. Their H. M. did not fail to acquaint the Chevalier Yorke with the above refolve. But what was their surprise and aftonishment when they understood that the faid ambassador, after having read his inftructions, had fent a note to the Greffier, in which he called the above-faid refolve illufive, and flatly refused to tranfmit it to his court. This obliged their H, M. to fend it to Count

Welderen,

Welderen, their minifter at London; with orders to lay it immediately before the minifter of his B. M.; but the refufal of the latter created an obstacle to the execution of thofe orders. [42. 706.]

prescribed by the fundamental laws of its government. Thefe laws required the intervention of the judiciary department, and those were the means which the above state refolved to ufe, by requiring on this object the advice of the court of juftice eftablished in their province. By an adherence to this method it was, that, before the eyes of his B. M. the English nation, and all Europe, were displayed the unalterable principles of that justice and equity which form the leading feature of the Dutch conftitution, and which, in fo important a part of public adminiftration, we mean that which concerns the exercife of the jufticiary power, will for ever ferve as a bulwark against whatever could militate with the fecurity and independence of a free nation. It was alfo by these means, and by following this road, that, far from precluding juftice, or evading the punishment required, a free course on the contrary has been laid open to a regular procefs, conformable to the conftitutional principles of the Republic; and by the fame reafon, in hort, depriving the court of London of any pretence to complain of a denial of juftice, care has been taken to anticipate the least shadow or appearance of reafon, which might have authorised that court to make reprifals; to which nevertheless it has had recourse without fcruple, in a manner equally odious and unjust.

All the circumftances of this affair being thus expofed, the impartial public will be enabled to appretiate the principal motive, or rather pretence, to which his B. M. has had recourfe, in order to give a scope to his designs against the Republic. To this we may reduce the whole matter: His Majefty was informed of a negotiation which would have taken place between a member of the go. vernment of one of the provinces, and a reprefentative of the American Congrefs; which negotiation 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, in cafe the independency of thofe colonies fhould be acknowledged by the crown of England: this negotiation, although conditional, and holding by a claufe which depended on the anterior act of his Majefty; this negotiation, which without the said act or anterior declaration could not have the leaft effect, was fo mifconftrued by his Majefty, and excited his difpleasure to fuch a degree, that he thought proper to require from the States a public disavowal and difapprobation, as well as a complete punishment and satisfaction; it was in confequence, and without the leaft delay, that their H. M. acceded to the first part of his requifition: but the punishment in fifted upon was not within their power, and they could not affent to it without ftriking at the root of the fundamental conftitution of the State. The States of the province of Holland were the only ones to which it pertained lawfully to take cognisance 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 main taining that department in all its integrity and impartiality, which are infeparable from it, is the firmeft basis of the fupreme power; that fovereign state, 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 B. M. by attempting to overturn thofe rights and privileges, and to exceed the limits

For thefe caufes, and fince, after the repeated outrages and heavy loffes which the fubjects of this Republic must have experienced from his B. M. their H. M. 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-triumphant affiftance of his omnipotent protection; whilft their H. M. 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, when their H. M. will improve all the opportunities which,

confonant

confonant with the honour and independ- A THIRD REPORT [7]. of ence of a free ftate, may tend to a reconciliation between them and their old friend and ally.

This given and fettled in the affembly
of their H. M. our Lords the States-
General of the United Provinces, at
the Hague, the 12th day of March
1781.

COCQ, VAN HAAFTAN, Vt.
By command, H. FAGEL.

Extracts from Abp Herring's Letters.
“Surely it is not poffible for the Dutch
to act the part of which they are fufpect-
ed. If they do, let France be our ally,

and lord of the Seven Provinces. An o

pen enemy is a friend compared to a fecret and perfidious one. By this means they would reduce the Royal Duke to the Fauces Caudina." Dated July 29.

1745.

"The Dutch, I find, are likely to be incorporated with France. I fhall begin to think myself a politician; for it was my wish, from the beginning of this affair, that Marshal Wade would have no occafion to fight. I am now convinced the Dutch troops * would have betrayed us." Jan. 4. 1745-6.

Dr Franklin and a certain Noble Lord. WHEN Dr Franklin and a certain No ble Lord were playing the fuppofed political game of chefs, which has lately made fo much noife in the public prints, and been re-echoed by his Lordship with in the walls of St Stephen's chapel, his Lordship moved, " King guarded.". "Why, then, (faid the Doctor), Check." "No, (faid his Lordship), you muft firft electrify the whole Congrefs, and all Washington's army, to make good that

move."

ΒΟΝ мот.

Mr Alderman Wilkes afked Mr Garrick one day, "What is honesty?". "What is that to you, Mr Alderman?" (replied Mr Garrick); "meddle with thofe things that concern you.”

Thefe troops confifted chiefly of the garrifon of Tournay, which, by the capitulation, were difabled from acting against

the French. And the fhort marches and in. activity of Marthal Wade can only be accounted for from his being afraid to truft thefe falfe friends, who thus, when we afked them for bread, gave us ftones. [7. $79.]

the Commiffioners appointed to examine, take, and ftate, the PUBLIC ACCOUNTS of the kingdom.

HAving finished our examinations of all

thofe public accountants that came to our knowledge in the firft clafs, as far as relates to the balances of public money in their hands, we, in the next place, directed our attention to thofe accountants who receive public money out of the exchequer, by way of impreft, and upon

account.

The certificate of the accounts depending in the office of the Auditors of the Impreft, tranfmitted to us pursuant to thefe accountants: As much of this cerour precept, furnished us with a lift of tificate as relates to the fubject matter Appendix. We took them into our conof this prefent Report, is inferted in the fideration in the order in which they ftand upon that certificate; a rule we purfue in regard to all lifts of accountants, unless there is fome special reason for departing from it.

The fet of accountants therein first mentioned, are the treasurers of the navy; and of these, the names that stand first are the executors of Anthony Vifcount Falkland, whofe final account is whom a balance of 27,6111. 6 s. 5 d. 1 q. dated the 4th of April 1689, and from is declared to be then due. We did not mif-fpend our time in a purfuit where there was fo little probability of benefit to the public. A debt that has fubfifted for near a century, may be prefumed article, we iffued our precepts to Earl defperate. Paffing over, therefore, this Temple, as reprefentative of the late George Grenville, Efq; to Lord Viscount Barrington, Lord Viscount Howe, and to Sir Gilbert Elliot, Bt, as reprefentative of the late Sir Gilbert Elliot, for an hands, cuftody, or power, as late treaaccount of the public money in their to our precepts are fet forth in the Apfurers of the navy. The returns made pendix; from which it appears, that the balances of public money remaining in their respective hands, upon the days therein mentioned, amounted together to the fum of 76,7931. 18 s. 1 d. 1q.

That we might learn for what reafons, fervices, or purposes, these fums are permitted to remain in the hands of treasurers of the navy fo long after they are out of office, we examined several of the of

ficers

ficers in this department, namely, George Swaffield, Efq; cafhier of the victualling; Andrew Douglas, Efq; paymafter; Mr Adam Jellicoe, chief clerk to the paymafter; and Mr Francis Cook, ledgerwriter. By them we are fupplied with the following information.

The office of the treasurer of the navy is divided into three branches, the paymafter's, the cashier's, and the victualling branch. All the money he receives is for the navy-fervices, and placed under, or carried over to, one of thefe branches; the money in each branch is fubdivided, arranged, and kept under various different heads of fervices; the whole balance, at the time he leaves the office, continues to be liable, whether it be in his hands, or in the hands of his reprefentatives, in cafe of his death, to the fame fervices for which its feveral parts were originally deftined; and the commiffioners of the navy, victualling, and fick-and-hurt offices, each in their feveral departments, continue to affign bills upon him for payment, until they have reduced his balance to fuch a fum as, in their opinions, will not be more than fufficient to answer purposes for which it has been ufual to leave money with him, until his final account is paffed. These purposes are, first, to carry on the recals upon thofe fhips books which were open in his treasurership, and the payment of the half-pay lifts and bounties to chaplains. The fhips books are ufually kept open for recals, for seven or eight years after the expiration of the treasurership, in order to give thofe feamen who, by being either turned over to other fhips, or employed in other places, could not attend at the time their fhip was paid, an opportunity of receiving their wages when it is in their power to apply for them. The only fund applicable to this fervice is, the money in the pay-branch, placed under the head of "To pay ships, and carry on recalls: This fervice is at an end when the fhips books are made up. They are made up as they come in courfe, in order of time; and after the laft is clofed, the half-pay lifts are also closed, and the payment of the bounty to chaplains ceafes.

The other purpose is, to pay the fees and expences of carrying on, making up, and paffing his accounts. Upon paffing every annual account, fees are paid to the auditors of the impreft, out of the money in his hands, under the head of

"To pay exchequer-fees, and other contingent expences of the pay-office;" but upon passing his final account, there is a gratuity alfo paid in the following manner:-The officers and clerks who transact the bufinefs of the treasurer in office, carry on alfo at the fame time, and finally make up the accounts, of the treafurers out of office; for which extra work they have no falary or recompence what ever, until the final account is ready to be paffed, at which time it has been ufual for them, by petition to the Lords of the Treafury, to obtain a reasonable allowance for their trouble, which has been paid them, by virtue of a treafurywarrant, out of any money remaining in the hands of that treasurer, under whatever heads of service it may be placed. This gratuity, together with the fees of paffing the annual accounts, and for the quietus, it is imagined, will exhauft the whole balance now remaining in the hands of Lord Temple.

All the hips books which were paid by Mr Grenville, Lord Barrington, and Lord Howe, are made up, and confeqently the balances which the three boards have left in the hands of these treasurers must be for the purpose of paying the fees and expences of carrying on, making up, and passing their accounts. Of Sir Gilbert Elliot's fhips books, five hundred and fix are ftill open for recalls; and payments, if applied for, are made upon them once a-week; and therefore, whatever fums ftand upon his account, in his paymaster's branch, under the heads of wages, half-pay, and bounties to chaplains, are ftill applicable to thofe fervices; and the refidue of the money permitted to remain with him is for the purpofe of paying the fees and expences of carrying on, making up, and paffing his accounts.

How foon then will these feveral fums be wanted for this purpofe? The ac-. counts of the treasurers of the navy are made up and paffed as they come in courfe in order of time; the officers must finish one year before they begin upon another; and a fubsequent treasurer's account is never finished till his predeceffor's is finally closed. The ftate in which their accounts are in the office of the auditors of the impreft, is this: The last which is declared is Mr Grenville's account for the year 1758: of all the subfequent accounts, only fome fections of their respective navy and victualling led-.

gers