may be observed towards the American vessels brought into the Danish ports.

His majesty, who has seen with great satisfaction that the President of the United States properly appreciates the sentiments of justice and equity which animate him, feels gratified in manifesting to him, that he desires to preserve and to cultivate on his part, the relations of good understanding and of amity, which have always subsisted between the Danish government and that of the United States of America. It is enjoined on the undersigned to charge Mr. Erving with assuring his government that the intentions of the king, his master, are invariable in this respect.

In regard to vessels under the American flag, arrested at sea by Danish cruisers, and which were found under the convoy of British ships of war, Mr. Erving will permit the undersigned to have the honour of observing to him, that when the fact is fully proven, the searching after, and the use made of the protection of the enemies of Denmark, in the seas which wash the shores of his majes ty's dominions, or in those which environ them, cannot be viewed by the Danish government, but as having taken from these vessels their original character of neutrals. But the king, not having been willing, that the courts should attribute to vessels under the American flag, the having been placed (de s'être mis) under the protection of his enemies, unless the fact was proven, has very recently directed, that proofs the most evident, be required to establish the fact, that a vessel under the American flag had been (ait été) under English convoy. The undersigned cannot but urge in favour of the principle established by the 11th article of the ordinance for privateering, the argument that he who causes himself to be protected by that act, ranges himself on the side of the protector, and thus puts himself in opposition to the enemy of the protector, and evidently renounces the advantages attached to the character of friend to him, against whom he seeks the protection. If Denmark should abandon this principle, the navigators of all nations would find their account in carrying on the commerce of Great Britain under the protection of English ships of war, without running any risk. We every day see that this is done, the Danish government not being able to place in the way of it sufficient obstacles. The

undersigned will add a single observation which will serve to convince Mr. Erving, that this principle is, in the view of his majesty, as just as it is invariable. It is that every Danish vessel which should make use of English convoy is condemned, if she is convicted of it, in like manner as a foreign vessel. It is but too well known that in all times, during maritime wars, neutral navigation has been exposed to embarrassments and delays. The Danish naviga tion has had experience of it in its time. It is, therefore, that the king has established rules for privateering, which place the navigation truly neutral, under cover from vexations. His majesty would equally have wished entirely to have prevented captured vessels from experiencing delays of any importance, when it was found that they had their papers on board in order, (en régle) and that they had not improperly used them to carry on a simulated commerce, on account of the enemy of Denmark. He is convinced that he has taken for this purpose all the measures in his power, and he is resolved carefully to watch over their execution. These measures and the will (volonté) of the king, offer sure guarantees to the commerce of the United States, that the vessels under their flag will be able to navigate in the seas and waters visited by the Danish cruisers, without any risk of being molested by them or brought in, if their papers are in order (en régle) and there is no reason to suppose that they have been improperly used. The vessel which is destined to carry into any port whatever, produce and merchandise, which are not admitted into that port, according to the laws of the state to which it belongs, will not be considered as in rule (en régle) and the naviga tors who may aim at employing their vessels in this way, will only have to blame themselves if their enterprise leads to their injury.

The undersigned, in acquitting himself, as he has just done, of the orders of his sovereign, cannot deprive himself of the honour of again reminding Mr. Erving that the navigation and the commerce of the citizens of the United States, found a reception and an outlet for the productions of their country, in the ports under the dominion of the king of Denmark, at a time when they did not enjoy the same advantages in the ports of the greater part of the states of Europe. This circumstance will sufficiently

prove to the American government, that that of Denmark is fully aware of the reciprocal utility of the relations of commerce and of good understanding between the two nations.

The undersigned has the honour of renewing to Mr. Erving, the assurance of his high consideration. ROSENKRANTZ.

G. W. Erving, Esq. &c.

No. 2. .

Mr. Erving to Mr. de Rosenkrantz. Copenhagen, June 30, 1811.

THE undersigned, special minister of the United States of America, has received the note which his excellency M. de Rosenkrantz, first minister of state and chief of the department of foreign affairs, was pleased to address to him on the 28th instant, in reply to the representations made by the undersigned on the 6th and 7th instant, respecting the reclamations with which he is charged. He shall immediately transmit his excellency's said note to the government of the United States, and is persuaded that the President will receive with great satisfaction, the reciprocation which his majesty has therein offered of the friendly sentiments which the undersigned was ordered to express these dispositions and the just and liberal views of his majesty, with regard to the neutral commerce of the United States as declared in his excellency's note, since they leave not the least doubt but that his majesty has been wholly unaware of the great injuries which that commerce has lately sustained within his dominions, afford to the undersigned the happy presage of a favourable termination to the business with which he is intrusted, and a sure pledge that the harmony which has hitherto always subsisted between the two governments, will still be maintained in its full extent and perfection.

Thus assured of meeting on the part of his majesty's government with no dispositions but those which are of the most just and friendly character, it is with more than ordinary pleasure that the undersigned proceeds in the performance of his duty.

His excellency, the minister of state, after showing the causes which have occasioned the capture of so many vessels under the American flag, observes, that in all cases where the supreme tribunal of admiralty has found that the papers on board such vessels prove their American character, and where their neutrality has not been abused by any attempt to cover enemy's property under simulated papers, both vessels and cargoes have been released. Such is undoubtedly the impression on the mind of his majesty, who has been convinced that the inquiries pointed out by his instructions have been conducted with all the impartiality by which those instructions were dictated: but it can be shown in a multiplicity of cases that the high court has entered into matter entirely irrelevant to the object of the instructions; that it has given weight to evidence entirely inadmissible, and has resorted to pretexts for condemnation entirely insufficient: it shall be shown to his majesty, that, thus contrary to his royal intention, a great mass of American property has been unjustly condemned in the high court-whether by a misconstruction or mal-application of his majesty's regulations, the undersigned will not undertake to say-perhaps it may not be important to inquire, since, be the source of this evil what it may, to the royal sense of justice only the injured now have to look, and they look with confidence for redress. The details upon this subject will be voluminous: the undersigned will here point only to one, and that a recent decision (being the first which presents itself,) by way of exemplification.

In the case of the American ship "Swift, Champlin." In the high court on the 11th March, 1811, this ship was condemned on an allegation that captain Champlin had thrown some papers overboard; which allegation had no better or other support than the oaths of seven of the privateer's men who captured her. It is to be observed on this sentence,

Firstly, as to the alleged fact. The royal instructions of March, 1810, after stating what shall be deemed causes of condemnation, in the 12th section states what shall be cause of suspicion, and subject vessels to further examination; and in the article "e" specifies the throwing overboard or destroying of papers. This throwing overboard papers then, constitutes ground of suspicion only, and

of

authorizes further examination with a view to ascertain whether that fact can implicate the neutral character of the vessel. Now, in the course of the further examination on this trial, the neutrality of the ship and the fairness of her voyage were fully established; the alleged circumstance with respect to her papers therefore remained naked, and unsupported by any sort of ground or pretext for condemnation-and yet she was condemned!!

Secondly, as to the evidence. The American master objected, that it was contrary to all the principles of justice and law to admit the evidence of privateersmen, who were parties interested in his condemnation; but the court decided that they were not interested, and that their evidence must be admitted! and that the evidence of the crew of the American ship should not be admitted to rebut it! The American master then went on to show that the witnesses were interested, and produced a contract made between them and the owners of the privateer (the authenticity of which was acknowledged) by which it appeared that the equipage of the privateer were to receive half of the next prize which they might take: still the court determined that they were not interested in the condemnation of this ship, and that their evidence should be admit1cd!! The American master then went on to prove that it was imposible they should have sworn truly they had declared that the papers thrown overboard were of the size of about six inches square, and had been passed through a certain opening in the after-part of the ship; the American master proved, by the examination and declaration of two Danish masters, that the privateersmen could not have seen them dropped into the water as they had stated; and farther, that the hole pointed out was not large enough for them so to have been passed through; but neither did these proofs produce any effect in favour of the Ameri can; he was predestined to condemnation. The court had no disposition to reject the evidence of the priva teersmen, though the same privateersmen had produced two other men to swear that they had seen this same ship "Swift" at Liverpool-and captain Champlin proved that, one day after the day in which this evidence stated that he was at Liverpool, he spoke his majesty's gun-brig the "Sea-Gull!"