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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*