To James Madison from Sylvanus Bourne, 31 December 1806
From Sylvanus Bourne
American Consulate Amstm Decr 31 Decr. 1806
Sir.
I have the honor to transmit you herewith Copies of the communication which I esteemed it to be my duty to make to the Govt. of this Country on the emanation of the late decree of the King1 (contained in one of the inclosed Gazettes), & of the reply of the Minister of Foreign Affairs thereto.2
I would beg leave here to observe that I did not find it neccessary to take notice of the Decree of 1805 to which he refers as it was not (to my knowlege) in any case attempted to be put in execution.3
Though it appears by the Reply of Govt that the violation of our neutral Rights by another Nation is plead in apology for a like procedure on their part, it affords no due argument or justification of the measure; but as they seem resolved to adhere to it I see nothing more left for me to do tha⟨n⟩ to convey this Statement of the case to the Govt of th⟨e⟩ U States & to wait its further instructions thereon hoping that what I have already done may be approved of.
Mr Alexander my Agent at Rotterdam having signified an anxious desire to [illegible] make a Short visit to the U States I have acced⟨e⟩d to his views as it a season of but little buisness & have named Mr G R Curtis ad interim in his p⟨lace⟩.
Mr Alexr. will have the honor to deliver you this letter—he has ever fulfilled his official duties to my Satisfaction these constant changes are unpleas⟨ant⟩. I hope Govt may find it convenient to make a permanent appointment for Rottm. Should it not conclude on the occasion of the late change of Govt here to combine the Diplomatic & Consular Powers in one Person to reside at th⟨e⟩ Hague & who shall be authorised to appoint Agents in the several sea ports for the detail execution of the Consular concerns—& that he alone Shall Correspondent [sic] with our Govt & be responsible there to for the due execution of the duties arising in both Departments—the compact situation of this Country is peculiarly favorable to such an arrangment & it may Such as to Satisfy the wishes of this Govt without militating with those oeconomical principles which the Govt of the U States has justly prescribed to itself. I have the honor to be With the greatest Respect sir yr ob Serv
S Bourne
RC and enclosures (DNA: RG 59, CD, Amsterdam, vol. 1). Docketed by Graham. For enclosures, see nn. 1–2.
1. Bourne referenced the 17 December 1806 decree issued by Louis Napoleon of Holland (printed in New York People’s Friend & Daily Advertiser, 10 Feb. 1807). The decree stipulated that no vessel could leave Dutch ports without authorization from the king, which would be granted only after security was given that the cargo would not be discharged in the ports of Holland’s enemies. In addition, all vessels entering Dutch ports would be arrested until the king authorized their release, and further regulations covered fishing boats and written communication with England. Bourne enclosed a copy of his 18 December 1806 letter to Maarten van der Goes (2 pp.; in French), expressing concern that the decree violated U.S. neutrality and the 1782 commercial treaty between the United States and the Netherlands and requesting that van der Goes present Bourne’s complaints to the king.
2. Bourne enclosed a copy of a 23 December 1806 letter from van der Goes (2 pp.; in French) in which van der Goes stated that he had presented Bourne’s concerns to the king and that the king did not intend to violate the commercial treaty with the United States but would nevertheless maintain measures to punish England. Van der Goes noted that the kingdom had passed similar measures on 31 May 1805 without receiving complaint from the United States or any other government. He asserted that the first right and duty of every nation was to resist aggression and expressed his hope that Great Britain would act with “moderation” that would enable the reestablishment of the “maritime rights so precious to all Nations.”
3. For the 1805 Dutch Code of Commerce, see Bourne to JM, 13 June 1805, PJM-SS, 9:467 and n. 4.