Declaration of the King of Denmark and Norway, to the Courts of London, Versailles, and Madrid. IF the most exact and perfect neutrality, with the most regular navigation, and the moft inviolable refpect to treaties, could have kept free the commerce of the fubjects of the King of Denmark and Norway from the inroads of the powers with whom he is at peace, free and independent, it would not be neceffary to take measures to infure to his fubjects that liberty to which they have the most incontrovertible right. The King of Denmark has always founded his glory, and his grandeur, upon the esteem and confidence of other people. It has been his rule, from the beginning of his reign, to teftify to all the powers, his friends, a conduct the moft capable of convincing them of his pacific intentions, and of his defire to contribute to the general happiness of Europe. His proceedings have always been conformable to these principles, against which nothing can be alledged; he has not, till now, addrelled himself, but to the powers at war, to obtain a redrels of his griefs; and he has never wanted moderation in his demands, nor acknowledgments when they have received the fuccefs they deferved: but the neutral navigation has been too often molefted, and the most innocent commerce of his fubjc&s too frequently troubled; fo that the king finds himself obliged to take proper measures to affure to himTelf and his allies the fafety of commerce and navigation, and the maintenance of the infeparable rights of liberty and independence. If the duties of neutrality are facred, the law of nations has alfo its rights avowed by all impartial powers, established by custom, and founded upon equity and reason. A nation independent and neuter, does not lofe by the war of others the rights which the had before the war, because peace exifts between her and all the belligerent powers. Without receiving or being obliged to follow the laws of either of them, the is allowed to follow, in all places (contraband excepted) the traffic which the would have a right to do, if peace exifted with all Europe, as it exifts with her. The king pretends to nothing beyond what the neutrality allows him. This is his rule, and that of his people; and the king cannot accord to the principle, that a power at war has a right to interrupt the commerce of his fubjects. He thinks it due to himself, and his fubjects, faithful obfervers of thefe rules, and to the powers at war themselves, to declare to them the following principles, which he has always held, and which he will always avow and maintain, in concert with the Empress of all the Ruffias, whofe fentiments he finds entirely conformable with his own. I. That neutral veffels have a right to navigate freely from port to port, even on the coafts of the powers at war. II. That the effects of the fubjects of the powers at war fhall be free in neutral veffels, except fuch as are deemed contraband. III. That nothing is to be underftood under the denominations of contraband, that is not ex prefsly prefsly mentioned as fuch in the third article of his treaty of commerce with Great Britain, in the year 1670, and the 26th and 27th articles of his treaty of commerce with France, in the year 1742; and the king will equally maintain thefe rules with thofe powers with whom he has no treaty. IV. That he will look upon as a fort blocked up, into which no veffel can enter without evident danger, on account of veffels of war tationed there, which form an effectual blockade. V. That these principles ferve for rules in procedure, and that justice fhall be expeditiously rendered, after the rules of the fea, conformably to treaty and ufage received. VI. His majesty does not hefitate to declare, that he will maintain these principles with the honour of his flag, and the liberty and independence of the com. merce and navigation of his fubjects; and that it is for this purpose he has armed a part of his navy, although he is defirous to preferve, with all the powers at war, not only a good underftanding, but all the friendship which the neutrality can admit of. The king will never recede from thefe principles, unless he is forced to it: he knows the duties and the obligations, he refpects them as he does his treaties, and defires no other than to maintain them. His majesty is perfuaded, that the belligerent powers will acknowledge the juftice of his motives; that they will be as averfe as himself to doing any thing that may opprefs the liberties of mankind, and that they will give their orders to their admiralty and to VOL. XXIII. their officers, conformably to the principles above recited, which tend to the general happiness and interest of all Europe. Copenhagen, July 8, 1780. Declaration of the King of Sweden to the fame Courts. E VER fince the beginning of the prefent. war, the king has taken particular care to manifelt his intentions to all Europe. He impofed unto himself the law of a perfect neutrality; he fulfilled all the duties thereof, with the moft fcrupulous exactitude; and in confequence thereof, he thought himself entitled to all the prerogatives naturally appertaining to the qualification of a fovereign perfectly neuter. But notwithstanding this, his commercial fubjects have been obliged to claim his protection, and his majefty has found himself under the neceffity to grant it to them. To effect this, the king ordered laft year a certain number of men of war to be fitted out. He employed a part thereof on the coasts of his kingdom, and the reft ferved as convoys for the Swedish merchant fhips in the different feas which the commerce of his fubjects required them to navigate. He acquainted the feveral belligerent powers with these meafares, and was preparing to continue the fame during the course of this year, when other courts, who had likewife adopted a perfect neutrality, communicated their fentiments unto him, which the king found entirely conformable to his own, and tending to the fame object. The The Emprefs of Ruffia caufed a declaration to be delivered to the Courts of London, Verfailles, and Madrid, in which the acquainted them of her refolution to protect the commerce of her fubjects, and to defend the univerfal rights and prerogatives of neutral nations. This declaration was founded upon fuch juft principles of the law of nations and the fubfifting treaties, that it was impoffible to call them into question. The king found them entirely concordant with his own caufe, and with the treaty concluded in the year 1666, between Sweden and France; and his majefty could not forbear to acknowledge and to adopt the fame principles, not only with regard to thofe powers, with whom the faid treaties are in force, but also with regard to fuch others as are already engaged in the prefent war, or may be involved therein hereafter, and with whom the king has no treaties to reclaim. It is the univerfal law, and when there are no particular engagements exifting, it becomes obligatory upon all na tions. In confequence thereof, the king declares hereby again," That he will observe the fame neutrality, and with the fame exactitude as he has hitherto done. He will enjoin all his fabjects, under rigorous pains, not to act in any manner whatever contrary to the duties which a strict neutrality impofes unto them; but he will effectually protect their lawful commerce, by all poffible means, whenever they carry on the fame, conformably to the principles here "above mentioned." Explanation which the Court of Sweden bas demanded, relative to the Propoful which the Court of Ruffia has made for the reciprocal Protection and Navigation of their Subjects. How OW and in what manner a reciprocal protection and mutual afliftance fhall be given. II. Whether each particular power fhall be obliged to protect the general commerce of the whole, or if in the mean time it may employ a part of its armament in the protection of its own particular commerce. III. If feveral of these combined fquadrons should meet, or, for example, one or more of their veffels, what fhall be the rule of their conduct towards each other, and how far fhall the neutral protection extend. IV. It seems effential to agree upon the manner in which reprefentations fhall be made to the powers at war, if, notwithstanding our measures, their fhips of war, or armed veffels, fhould continue to interrupt our commerce in any manner. Muft these remonftrances be made in the general name of the united powers, or fhall each particular power plead its own caufe only? V. Laftly, it appears effentially neceffary to provide against this poffible event, where one of the united powers feeing itself driven to extremities against any of the powers actually at war, fhould claim the affiftance of the allies in this convention to do ber juftice; in what manner can this be belt concerted? A circumstance which equally equally requires a ftipulation, that the reprisals in that cafe fhall not be at the will of fuch party injured, but that the common voice shall decide; otherwise an individual power might at its pleasure draw the reft againit their inclinations and interefts into difagreeable extremities, or break the whole league, and reduce matters into their original ftate, which would render the whole fruitlefs and of no effect. Anfwer of the Court of Ruffia. S to the manner in which A protection and mutual af fiftance fhall be granted, it must be fettled by a formal convention, to which all the neutral powers will be invited, the principal end of which is, to infure a free navigation to the merchant ships of all nations. Whenever fuch veffel fhall have proved from its papers that it carries no contraband goods, the protection of a fquadron, or veffels of war, fhall be granted her, under whofe care the fhall put herself, and which fhall prevent her being interrupted. From hence it follows: II. That each power must concur in the general fecurity of commerce. In the mean time, the better to accomplish this object, it will be neceffary to fettle, by means of a feparate article, the places and diftances which may be judged proper for the ftation of each power. From that method will arife this advantage, that all the fquadrons of the allies will form a kind of chain, and be able to affift each other; the particular arrangement to be confined only to the knowledge of the al lies, though the convention in all other points, will be communicated to the powers at war, accompanied with all the proteftations of a ftri& neutrality. We III. It is undoubtedly the principle of a perfect equality, which muft regulate this point. fhall follow the common mode with regard to fafety. In cafe the fquadrons should meet and engage, the commanders will conform to the ufages of the fea fervice, because, as is obferved above, the reciprocal protection, under these conditions, fhould be unlimited. IV. It seems expedient that the reprefentations mentioned in this article be made by the party aggrieved; and that the minifters of the other confederate powers fupport thofe remonftrances in the moft forcible and efficacious man ner. V. We feel all the importance of this confideration; and, to render it clear, it is neceffary to diftinguifh the cafe. If any one of the allied powers fhould fuffer itfelf to be drawn in by motives contrary to the 'eftablifhed principles of a neutrality and perfect impartiality, fhould injure its laws, or extend their bounds, it cannot certainly be expected that the others fhould efpoufe the quarrel; on the contrary, fuch a conduct would be deemed an abandoning the ties which unite them. But if the infult-offered to one of the allies fhould be hoftile to the principles adopted and announced in the face of all Europe, or fhould be marked with the character of hatred and animofity, infpired by Yefentment, thefe common [2] mea fures fures of the confederacy, which have no other tendency than to make, in a precife and irrevocable manner, laws for the liberty of commerce, and the rights of every neutral nation, then it fhall be held indifpenfable for the united powers to make a common caufe of it (at fea only) without its being a ground-work for other operations, as thefe connections are purely maritime, having no other object than naval commerce and navigation. From all that is faid above, it evidently refults, that the common will of all, founded upon the principles admitted and adopt ed by the contracting parties, muft alone decide, and that it will always be the fixed basis of the conduct and operations of this union. Finally, we fhall obferve, that thefe conventions fuppofe no other naval armament than what shall be conformable to circumflances, according as thofe fhall render them neceffary, or as may be. agreed. It is probable that this agreement, once ratified and eftablished, will be of the greatest confequence; and that the belligerent powers will find in it fufficient motives to perfuade them to refpect the neutral flag, and prevent their provoking the refentment of a refpectable communion, founded under the aufpices of the not evident juftice, and the fole idea of which is received with the univerfal applaufe of all impartial Europe. Papers which were communicated by Sir Jofeph Yorke, by express Orders from the King his Mafter, to bes S.rene Highness the Prince Stadt bolder, and which were taken out of Mr. Laurens's Trunk. Tlines HE following are the outof a treaty of commerce, which, agreeably to the orders and inftructions of Mr. Engelbert Francis Van Berkel, Counsellor and Penfionary of the city of Amfterdam, directed to me, John de Neufville, citizen of the faid city of Amfterdam, I have examined, weighed, and regulated with William Lee, Efq; commiffioner from the Congress, as a treaty of commerce, destined to be or as might be concluded hereafter, between their High Mightineffes the States-General of the Seven United Provinces of Holland, and the United States of North America. Done at Aix-la-Chapelle, the 4th of September, 1778. Signed, JOHN DE NEUFVILLE. I hereby certify that the above is a true copy. Signed, SAMUEL W. STOKTON. |