Jones found himself in a position at the Texel which demanded all the shrewdness as well as the determination of his character. Impatient, irritable, and passionate as he often was, his judgment was nevertheless excellent. Benjamin Franklin, when Jones at a later time was again put in a delicate situation, wrote him:—

"You have shown your abilities in fighting; you have now an opportunity of showing the other necessary part in the character of a great chief,—your abilities in policy."

Jones's ability in policy appeared in a more favorable light in the Texel than at any other period of his career, although too great weight has been laid upon the degree of it. The important problem to be solved was how to induce the Dutch authorities to allow him and his battered ships to remain for a time in the shelter of their port. Jones knew that the attainment of this object would help to bring about a rupture between England and Holland. The latter country was secretly in sympathy with the revolted colonies, but eager at that time to maintain officially friendly relations with England. Consequently, when Jones arrived with his prizes, the Dutch authorities were in a quandary, much aggravated by the action of the British minister in Holland, Sir Joseph Yorke, who demanded that the "pirate's" prizes be delivered up to England. He reiterated his demand to the States-General in the following language: "I only discharge the orders of his Majesty in renewing the most strong and urgent demand for the seizure and restitution of said vessels as well as for the enlargement of their crews, who have been seized by the pirate, Paul Jones, a Scotchman, a rebellious subject, and state criminal."

Jones, in reply to the allegations of the British minister, copies of whose letters had been sent him, wrote the States-General an able letter. He inclosed a copy of his commission from the United States government, and then argued that the United States was a "sovereign power" and entitled to issue such a commission. He pointed out that the sovereignty had been recognized by France and Spain, and that belligerent rights had been recognized by Prussia and by Russia. Only one of Sir Joseph's charges he admitted to be true,—that he was a Scotchman, but he denied the inference made from it,—that he was a "state criminal." He wrote: "It cannot have escaped the attention of Your High Mightinesses that every man now giving fealty to the cause of American Independence was born a British subject." If he were a "state criminal," then, he argued, General Washington, Benjamin Franklin, and all other American patriots were also "state criminals."

Soon after this letter was received the States-General passed a resolution declining to "consider any question affecting the validity of Paul Jones's commission or his status as a person." They declined likewise "to do anything from which it might lawfully be inferred that they recognized the independence of the American colonies." They also resolved that Paul Jones should be asked to leave their port, but not until the wind and weather should be favorable. They had refused, therefore, to consider Jones as a pirate, or to deliver up his prizes.

Paul Jones's plan was not to admit that a favorable wind had arisen until the last possible moment. He did not wish to be taken by the strong British fleet waiting for him outside the harbor, and he desired, as he said, in order to provoke war between Holland and England, "to try the patience of the English party to the last bit of strain it would bear by keeping my anchorage in Dutch waters on plea of distress, and at the same time I wished to be ready for instant departure the moment I saw that the plea of distress could no longer be plausibly held."

The French Minister of Marine, de Sartine, however, fearing that ultimately the pressure would be so great that the squadron would be compelled to depart and thus fall into the clutches of the British, demanded that the French flag, which naturally commanded greater respect from Holland than the flag of the United States, should be displayed. Benjamin Franklin agreed with the French minister, but Jones protested:—

"In vain I expostulated with them that by accepting the shelter of the French flag I should do exactly of all things what Sir Joseph Yorke wished me to do, namely, withdraw all pretensions of the United States as a party to the situation, and thereby confess that the United States claimed no status as a sovereign power in a neutral port."

Jones was forced to yield, the French flag was displayed, the command was given to the French captain, Cottineau, and Jones retained only the Alliance, an American ship, from which he was allowed, however, to fly the American flag.

To add to Jones' sorrows de Sartine offered him, through the Duc de Vauguyan, a French commission to command the Alliance as a letter of marque. He rejected it with indignation: "My rank from the beginning knew no superior in the marine of America; how then must I be humbled were I to accept a letter of marque! I should, my lord, esteem myself inexcusable were I to accept even a commission of equal or superior denomination to that I bear, unless I were previously authorized by Congress, or some other competent authority in Europe." That the Serapis, the prize for which he had so bravely contended, had been taken from him, was another of the wrongs which rankled deeply in Jones's soul.

Jones must have got a great deal of satisfaction, however, from the fact that he continued defiantly to wave the American flag from the Alliance, and that he delayed his enforced departure, in spite of great pressure from the admiral of the Dutch fleet, until December 26, when with the Alliance he dashed out of the harbor "under his best American colors," ran the gauntlet of the British fleet cruising outside, and escaped into the open sea.

Before leaving the Texel, Jones, on December 17, 1779, wrote Dr. Bancroft: "I am sure that the strain put upon the relations between Holland and England must end in rupture between them within this year."

War was indeed declared between England and Holland on December 19, 1780, and in the bill of grievances set forth in the proclamation of a state of war against Holland, the statement is made: "That, in violation of treaty, they [the States-General] suffered an American Pirate (one Paul Jones, a Rebel, and State Criminal) to remain several weeks in one of their ports."

It is clear, therefore, that Jones's pertinacious stay in the Dutch port brought about important results.

Another instance of Jones's sang-froid in matters where time was given for his judgment to come into play, was the way he treated Landais at the Texel. On his arrival at that port Jones sent to Dr. Franklin charges against the captain of the Alliance, whom he removed from command. Whereupon Landais sent Jones a challenge to a duel. Fanning narrates: "But the latter [Jones], perhaps not thinking it prudent to expose himself with a single combatant, who was a complete master of the smallsword, declined." In the second edition of his memoir Fanning said that Jones accepted Landais's challenge, but insisted on substituting pistols, with which he was an expert, for swords, a proposition which Landais refused.

Although again on the sea and free from the irritations of the Texel, Jones, when he had eluded the British fleet, found plenty of other things to annoy him. He had fortunately transferred many of his trustworthy men from the Serapis to the Alliance, but there were enough of the latter ship's old officers and men to divide the crew into two hostile camps. The discontent at the delay over payment of wages and prize money had deepened. Although the crew was large, fierce in temper, and at first very anxious to look for further prizes, they yet, after the cruise had continued for some time without success, refused to continue unless they were paid. Jones, in order to induce them to embark from Corunna, Spain, where the Alliance had put in for repairs and provisions, promised that he would sail immediately for L'Orient, where they should receive their prize money. As soon as he was again at sea, however, Jones informed his officers that he intended to make a further cruise of twenty days. Fanning, one of the officers, quotes Jones:—

"'And,' says he, with a kind of contemptuous smile, which he was much addicted to, 'Gentlemen, you cannot conceive what an additional honor it would be to all of us, if in cruising a few days we should have the good luck to fall in with an English frigate of our force and carry her in with us.... This would crown our former victories, and our names, in consequence thereof, would be handed down to latest posterity by some faithful historian of our country.'" Fanning adds in a footnote: "Jones had a wonderful notion of his name being handed down to posterity."

When the officers remonstrated on the ground that the men were badly clothed, Jones flew into a rage and ordered them to go to their duty. He found, however, that he could not, with a mutinous crew, continue his course effectively, and reluctantly sailed for L'Orient, where he arrived on February 10, 1780.