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STATE PAPERS.
Substance of the declaratory memorial
to the court of Denmark, reflecting
navigation during the war with
France, delivered by the British
minister at Copenhagen,
No one can be mistaken, how much
the circnmttances of the prelent war
differ from those upon which the law
of nations introduced among the pow
ers of Europe, and its ufuaj customs,
arc founded. It can be as little denied,
that this difference mult have an im
portant and essential influence upon
the exercise of the privileges which
belong ro the neutral powers, by vir
tue of the universal law of nations, or
by feparatc treaties.
At present there exists no govern”
rnent in France, which is acknow
ledged either by the belligerant pow
ers, or even those who still adhere to
neutrality. The court of Denmark
has no minister at Paris ; and lince
the tragicalend of his late moil Chris
tian majefty,it has received none from
France. This court has taken great
care not to acknowledge the existence
of legitimate authority in France;
add indeed there exilts none in that
country and although special caules
have prevented this court from enter
ing into the war, yet it cannot conli
dcr France, as a power with whom
it is pofllble to preserve the former
references of amfty and neutrality*
If, therefore, in ulna! cases, a neu
tral power continues to catry on com
merce with two nations engaged in
war with each other, and ir\ friendihip
with the laid neutral power, the path
of negotiations ever open, as well as
the acknowledged usages of all the
jurildictions in Europe, constantly of
fer to the said neutral power means of
ascertaining whether or nor the neu
trality kept by one of those nations is
also oblerVed by the other in the like
manner : the laid neutral power may
akertiun whether that neutrality is
not inifu led by one of ihefe powers to
the prejudice of the other, and the
impartial friendihipthereby violated—
a friendihip to which both nations
have an equal claim : and if, by un
forefeet) circumstances, the usual mode
of exerciling the neutral commercial
privileges, Ihould become elpecially
and more detrimental to one of those
powers than.to the other, the injured
power might, by friendly reprefenta„
rions, render valid this principle with
the latter, and renounce without dif
ficulty a right which ceases to be any
longer conliftent with that neutral
tie.
None of these circumstances is ad
miffihle in tite present case. Den
mark, while (lie preserves all her neu
tral privileges of commerce with re
gard to England—privileges which
are secured to her in the usual calcs
by the uuivertal law of nations and her
Separate treaties—fhetan in no refpedt
be affureci of the observance thereof
in France, where the neutrality has
already been and is still daily violated
: —-where iiis Danifli ntajefty has no
‘.Fun; (ter to enforce his riglits and the
Tights of his subjects—where his Dan
fh maiefty acknowledges no lawful
—and where there are in
deed no other laws or tribunals, ex
cept the will of a licentious populace,
Ate* iXtc*
Answer returned by the court of Den
mark to the memorial lately deliver.
I’ cd by the British minister.
His tnajefty, the king of Denmark,
reels always the Jiveliell displeasure
l.vhenever he finds himfelf under the
l-ieceflity of contending the principles
| f the powers in alliance or friendihip
*vith his majesty, or of complaining
| ith regard to their proceedings.—
ifus majesty was in hopes, the moll
Kuiifcieutious observance of the ltrict
§ t neutrality, and his intention of
ft, ting in conformity to his treaties,
would spare him the unpleasant ten
lations. But the unexpected contents
of the note which mr. Kailes, am
baflador extraordinary of his Britan
nic majesty, has delivered, and which
has been supported by count Van
Goltz, ambassador extraordinary of
his Pruflian majesty, will allow the
king no longer to remain silent.
The principles which his majesty
oppoles to those laid before him, are
contained in the enclosed memorial.
It is not the desire of supporting an
opinion once declared, which induces
his majesty to abide by his own. Ihe
conviction of the moft momentous in
terest, the delire of liis subjects of
preserving the peace of which they
hand in need, have fixed that opinion.
His majesty is convinced that he is ad
drefling himfelf to friends, to just and
equitable sovereigns.
It is not required here to illustrate
rights. The rights of Denmark are
not problematical ; and the king, lir,
appeals in this point to the feelings of
the sovereigns, his friends, whether it
must not be a painful talk for him to
enter into negotiations refpedting the
performance of his plain, acknowledg
ed and allowed treaties.
His majesty flatters himfelf, that it
will never be adopted as a prim iple,
or be enforced as such in this helped,
by the affection that the different
nature of a war can alter the nature
of a mutual contract ; or that mutual
allowances can be considered as fa
vours or privileges ; or that any two
powers shall make regulations at the
expence of a third power ; or that
belligerant dates shall ease the burden
. O
inseparable from war, by throwing it
upon their innocent neighbors. These
objects might furnifh matter of expla
nation ; but his majesty thinks he
would give offence to the refpedive
courts to which he appeals, were he
to apprehend that thole courts, after
having heard his counter representa
tions, would persevere in those princi
ples ; and still lei's that they would
employ preponderant violence, and
substitute it for argument ami proofs,
or for the conceflions necessary to thc
parties interested. His majesty hav.
ing had no separate agreement with
other neutral powers, he does not
know their sentiments on this head :
but his majesty is convinced that their
opinion and resistance will be unani
mous, and thatthey will also perceive
that it is impoflible to combine the
system of neutrality with measures
which wholly destroy it.
The ki 112 is not afraid of there be
ing any room of complaint against
him. His majesty has demanded
nothing but what is ftriclly conforma
bie to the
remained faithful) to his stipulations
and neutrality. Fie is the injured
party ; but he cannot conceive how
his Britannic majesty could, without
the consent of his Danilh majesty, give
freih iuftrudions to the commanders
of the British lliips of war, wiiich are
absolutely contrary to the former
inrtrudions, and to his treaties with
Denmark. The king entertained
hopes, that those inth uftions would
only have extended to those Hates to
which England is not tied by decilive
conventions.
But tince his majesty can no longer
admit of this declaration, he rinds
himfelf obliged, against his wili, to
protell against those instructions, as
an open infringement of the treaties,
and of the molt iacred law which ex
iits between men, to preserve all his
rights, and moft urgently to request
his Britannic majesty to do away this
recent rupture, by giving only such
inftrudions as are confiltent with the
existing and manifeftly binding en
gagements. This is not done because
his majesty feels indifference at the
plealure of manifefting his friendfhip
towards the king of Great-Britam,
and likewise to the king of Prnflia,
and their allies, by violating his rigo
rous duties.
The king will do every thing which
is poflible, provided it does not com
promise the neutrality and the prot
perityof the Danifli nation* His ma
jesty consents toconfiiler as blockaded
all those French ports oppoiite and
near which there shall be a iuperior
naval force of England or of her allies.
His majesty will neither enter nor fa
vour the entering, into a contract with
the French government, for supply
ing its marine or its armies. His ma
jesty will not fuffer in his dominions
ihe sale of prizes made by the 1 rench
ships ; nor will liis majesty cease to
claim in France the effects of the
Eng ifh fubjeds*and of the fubjeds of
the allies of England entrusted to the
protedion of the Danifli flag, and he
will exert himfelf in the recovery
thereof, in the fame manner as it they
were Danifli property.
In fliort his mrjefty will forget or
omit nothing of that which can ce
ment Ins connexions with the powers
w hole friendihip and esteem he has al
ways reqtiefted, or which can mani
feft his fidelity v. i h regard to his al
fiance, and his rtijied of the tuuda
mental principles of society and the
public weal.
A. P. VONBERNSTORFF.
Foreign office, Copenhagen,
July 28, 1793.
Counter declaration of the court of
Denmaak, in reply to the memorial
delivered by the British minister.
14 The law of nations is unalterable.
Its pi inciples do not depend on cir
cumstances: an enemy engaged in war
can exercise vengeance upon those
who do not expect it, but in this case,
and without violating the rigid law, a
fatal reciprocity may take place, but
a neutral power which lives in peace,
cannot admit of, nor acknowledge such
a compensation; it can only icreen
itfelf by its impartiality and its trea
ties. It is not pardonable for her to
announce her right, in favour of any
belligerant power. The bails of its
vijrVit \-thc universal and public law,
before wnich all authority moft vaniih.
it is neither a p.trty nor a judge ; nor
do the treaties give room to privileges
and favours. All these stipulations
conftitive the perfect law, they are
mutual obligations. i har would be a
very unnatural .igreemenr, which any
of the emit rafting parties might at
pleasure fupprels,interpret or restrain.
In this manner all treaties would in
general become impradicable, because
they would be useless. What becomes
of equity, fidelity and fafety ? and
how much more unjust must become
oppression, when it set? aiide the in
fringement of sacred duties, the ad
vantage of which have been enjoyed,
but only acknowledged as long as they
luffed’ felf-intereft ?
” Denmark will surely never at
tempt to jollify the prefent.govern
ment in France, its nature and origin ;
but flie wiil neither give her judg
ment, and her neutrality will not per
mit her to express her mind on this
fuhjech We only confine ourselves
to the lamenting the disasters which
befcl that country, and on its account
all Europe*, and to the wishing to fee
them brought to a speedy termination.
But this is npt the moment to own or
acknowledge a form of government
which we have always refuted to ac
knowledge. The nation is there and
the authority which it acknowledges
is that to which application is made
in cases concerning tingle individuals.
’ The commercial connexion subsists
in the fame manner as they did be
tween England and France, lo long
as the latter chose to prelerve peace.
1 lie nation has not ceaied to acknow
ledge her treaties with us, at leaf! she
conforms heri'elf agreable to these
treaties. As she appeals to them so
do we appeal to them ; and frequently
with good iuccels both for ourlelves,
and in favour of thole subjects of the
belligerant powers who commit their
effects to the protection of our flag ; !
of cases of refufal and delay, we have
frequently been obliged to hear ofte n
and reluctantly, that they only used
to make reprisals, lince ihe nations
with whom they were at war fhotvtd
as little regard for their treaties with
us, and thus the neutral flag becomes
the viftim of errors, which it cannot
reproach itfelf with. Fhe part of
justice still continues open in France.
The consuls and the mandatories of
private individuals are heard. No
one is prevented from applying to the
tribunals of commerce. T hi, is i.fii
cient in ordinary cases. No frefli ne
gotiations are required for the main,
tenance of existing treaties. Miniflers
become quite fuperfluons in this ref.,
pest ; there are’ judges, and this is
l'ufficienf.
These considerations are already vi
olated by the • observation that our
grievances are frequently heard in
France, ami that there is 110 poffibiiity
of getting them redressed. The mu
nicipalities, to whom application rruft
he made, they are certainly not alike
equitable. The leniences of the tri
bunals of commerce are not founded
upon uniform principles!
Fhe extreme means of refuge to a
medium of power, is totally removed,
and then circumstances occasion at
times grievous acts of injustice. hi
this respect, none are greater fufferers
then the neutral powers ; anti ir wcuid
be very unequitable to punilh them
doubly, and also on the part of ti.c.fe
powers who cry out aloud agah it
these unjust proceedings, and yet
seem to juftify them by their o .vn imi
tation.
A negotiation between a neutrJ
and a belligerant power, which would
have for its object that the latter
should not make use of its neutrality
to the detriment of the former, c. one c
be thought of. A neutral power has
fulfilled all its duties, if ic has never
receded from the strictest impartiality,
and from the acknowledged lenie of
its treaties.
In case the neutrality Ox uM . W nv.•
more advantageous to one dt the I il
ligerant powers than another, it be
comes foreign to the neutrality, and
does not concern it. This depend* on
local situation and circumstances, and
does not remain alike. The detriment
and advantages are compenl’ated and
balanced by time. Ail that vvhuh
does not absolutely depend on a neu
tral power, ought to have no influence
upon its neutrality, otherwise a par
tial, and frequently a momentary in<*
tereft would become the interpreter
and judge of existing treaties.
Answer of the court of Denmark to
the note delivered, on the iorb *ff
August, by the Imperial iiuiiiaa
amball'ador.
r hereas I have given an account
to the king my mailer, of the no.e
which the ambuflaJor extraordinary
and minister plenipotentiary of Iter
majesty the emprel’s of all the Ruflias,
baron deKrudener, de ivered on the
ioth August, 1793. I have received
his majesty’s command to aniwer,
that his majesty fees, with the greaTit
sorrow, how much the principles con
tained in said note militate at tn ; s
time against his own ; that his majes
ty expected no intimation that man
itefted doubts which his majesty had
not deserved ; that it could not he
unknown to her imperial majesty, that
the king had resolved to give no con
voy’s to Danilh ships bound to France,
and that his majesty never had pre
tended to lend naval ftorcs into tlnit
country ; that his majesty could not
of course, guels the meaning of a de
claration which did not concern him,
nor of a proceeding which applied
the principles and rights of a blockade,
to lituations which precluded every
idea of that kind ; that the reftridted
commerce of grain, as it now fub
lilted, was a quite intignificant circum*