demanded, might freely and advantageously have exercised his commercial skill for the advancement of his interests, and hoped, from the profit on his investments here, to obtain an indemnity for the losses on his outward voyage.

The condition, however, imposed on him to receive twothirds of these investments in a particular article, takes from him the faculty of profiting of his experience and information, either in bargaining for his purchases, or in adapting them to the wants of the market for which they are intended. The holder of this article becomes, by this requisition, the master not only of the price, but of the kind and quality of his merchandise, and his interest will strongly incite him to abuse the power which he feels. He knows full well that the purchaser cannot dispense with this merchandise, and that sooner or later he must accede to the terms on which it is offered. Should, indeed, the American merchant, from his repugnance to invest his funds in an article forced upon him, loaded with the arbitrary exactions of the seller, refuse for a while to receive it, yet, beholding these funds inactive and wasting on his hands, and his vessel perishing in a foreign port, he must eventually yield to the duress which he suffers.

Such are some of the evils, to which the condition in question will expose the American merchant in this country. In the United States, it will be by him still more severely felt.

The overstock of the article forced by this condition on the market there, exceeding the consumption, must necessarily become a drug; and the American merchant, after having taken it here against his will, and paid for it more than its ordinary value, will be compelled in the United States to keep it on band, or to sacrifice it for the most it will bring. Thus, alternately obliged to purchase and to sell under unfavourable circumstances, he will have to add to the losses of the outward voyage the losses on the returns, and the sum of them both may amount to his ruin.

These disasters of the merchant must inevitably impair, if not extinguish the commercial intercourse between the two countries. This intercourse, exposed to unusual perils, and oppressed with unprecedented burdens, has already nothing in the voyage hither to tempt the enterprise

of mercantile men; and should it be embarrassed with the restrictions of this condition, rendering the homeward voyage also unprofitable, it must undoubtedly cease. It is in vain to expect the continuance of any branch of trade, which, in all its relations, is attended with loss to those who are engaged in it.

I have taken the liberty respectfully to submit these observations to your excellency, not without a hope, that a consideration of them may lead to a remedy of the evils which they suggest.

I pray your excellency, &c.

JONA. RUSSELL.

His Excellency the Duke Bassano.

No. 9.

TRANSLATION.

THE minister of foreign relations has the honour to inform Mr. Russell, charge des affaires of the United States, that he will be happy to receive him at any time to-day before 2 o'clock, if it should be convenient to him.

He begs him to accept the assurance of his perfect consideration.

Paris, July 13, 1811.

CORRESPONDENCE OF GEORGE W. ERVING, ESQUIRE.

Mr. Erving to the Secretary of State.

June 23, 1811.

Copenhagen,

SIR,-Having had my audience of his Danish majesty on the 5th instant, on the 6th I addressed to Mr. de Rosenkrantz, minister of state for foreign affairs, a note upon the subject of the American cases generally, then under adjudication, by appeal before the high court of admiralty, and on the 7th, a separate note respecting the cases of capture under British convoy. Copy of those two notes, [A and B] and the lists to which they refer, I have the honour herewith to submit. In an interview which I had

with the minister on the 8th instant, in the course of conversation he told me, that, as the matter of both those notes was very important, and the latter particularly required agreat deal of consideration, he must have them perfectly translated into the Danish language, to be laid before the king; therefore I must not expect very prompt replies, but in the mean time that he was sincerely desirous of doing, and would do every thing in his power to forward our business towards a favourable termination. I suppose that the convoy question may be referred to his majesty's chancery, which is the highest tribunal, and that by which the king is accustomed to declare his will in matters which he does not submit to, or chooses to take out of, the ordinary course of proceedings.

Having now fully informed myself of the business intrusted to me, it is with very great satisfaction that I find myself authorized to state to you, that the evils which our commerce has suffered here, though very considerable, yet have not been quite so extensive as has been generally believed; and you will learn also with very particular pleasure that the depredations of the Danish privateers have been discontinued since my arrival. I have prepared lists and statements with a view to place the whole matter before you, in the most particular, and at the same time most distinct and simple form. These will be completed when I have received returns from Norway and from Holstein, respecting the fate of some few of the cases which occurred in the year 1809. In the mean time I can state the results to be nearly thus :

Captures in 1809,

Condemnations,

Captures in Norway in the year 1810,

38.

12.

36.

Of which are pending in the high court 8, and not one has been finally condemned.

Captures in Holstein, Sleswick and the Danish islands

in 1810,

Pending,

68.

Condemned,

22.

6.

Total condemnations, 42, of which 16 were vessels which had broken the embargo or non-intercourse, or are otherwise not genuine American cases.

Pending cases, including 10 convoy cases, 24.

In this year, the only two vessels which reached these seas from the United States previous to my arrival, were taken (in the beginning of April) and condemned in Norway; two others just about the time of my arrival were carried in and are now under trial there; but since the 11th instant, upwards of forty vessels from the United States have passed through the Sound, and gone up the Baltick, and more or less are every day passing without interruption. The papers of some few have been slightly examined in the subordinate court of Elsineur. There have been tried in the lower prize court of this place, and acquitted without delay, two or three, and one of them with damages against the captors, being the first case in which damages have been given at Copenhagen. Finally,, of the 14 cases (not convoy cases) which were pending before the high court on my arrival, four have been acquitted; and though the privateersmen and all concerned with them (and the ramifications of their business are immense) have made every effort to bring on condemnations, yet the tribunal, otherwise perhaps well disposed to proceed, has been steadily held back by the government; and I see the best reason to hope that at least eight of the remaining ten cases will be acquitted. As to the convoy cases my confidence is not so strong, yet even of them I do not despair; the ground on which they stand I am aware is not perfectly solid, yet I did not feel myself authorized to abandon them, and therefore have taken up an argument, which may be difficult, but which I shall go as far as possible in maintaining.

I have had several interviews with Mr. de Rosenkrantz subsequent to that last mentioned, and have acquired additional reasons to hope for the king's perseverance in the change of system which has so happily taken place, but he discourages any expectation of indemnification for the injuries sustained by our commerce under that which now appears to be relinquished. Yesterday he told me very explicitly that against the definitive decisions of the high court I must not hope for any redress; he trusted that for the future we should not have any cause to complain, but

for the past there was no remedy. I thought it not opportune to enter much into the matter at that time, and therefore contented myself with some general protestations against his doctrines.

I cannot close this letter without acknowledging the very great services of Mr. Isaachson, our consul at Christiansand; you will observe, sir, in the lists which I shall send to you, that of 36 vessels carried into the ports of Norway in the year 1810, only four were condemned in the inferior courts of that district; this has been wholly owing to the unwearied exertions of Mr. Isaachson. He found our people in the most distressed situation; entirely friendless, in the hands of, surrounded by, and ready to be sacrificed to the rapacity of, the privateersmen and their connections; he volunteered in their service, he boldly opposed himself to the host of their oppressors; he made each man's cause his own; he provided for every man's wants; in short, his intrepidity and independence, and disinterestedness of character, his constant zeal and industry, saved them from ruin, and with gratitude very honourable to themselves, they never cease to praise him.

With the most perfect respect, &c. &c.

GEORGE W. ERVING.

To the Hon. Secretary of State.

(A.)

Mr. Erving to Mr. de Rosenkrantz. Copenhagen, June 6, 1811.

SIR, It was under the fullest conviction and the strongest sense of the injustice which has prevailed in the sentences of the Danish tribunals on cases of American capture, as well as an anxiety immediately to arrest the course of those excesses on the part of the privateers too much countenanced by such decisions, which are laying waste the property of American citizens, that I ventured on the 31st ult. and on the 2d instant, to request that the proceedings of the tribunals should be suspended, until having had the honour of presenting my credentials to his majesty, I should be enabled to enter into regular communication with your excellency.