which has hitherto subsisted be tween Denmark and England, suddenly interrupted by the adoption of a measure as arbitrary as injuri ous on the part of Great Britain; and that he is not less afflicted and alarmed at seeing that measure justified by assertions and suppositions as anjust as ill founded.

He remarks with surprise, that by confounding the cause of the measures taken in Russia against the interests of Great Britain, with the object of the convention relative to neutral navigation, the British government evidently mixes two affairs which nave not the least connexion with each other.

It is a subject of perfect notoriety, that the incident of the occupation of Malta. by the troops of his Britannic majesty has alone been the occasion of the embargo on the English ships in the ports of Russia, and that the ministers of the neutral courts at Petersburg acted according to their full powers and instructions anterior to that event. The dispute relating to it is absolutely foreign to the court of Copenhagen. It knows neither its origin nor foundation, or at least but very imperfectly, and its engagements with Petersburg have no relation whatever to it. The nature of those engagements has been solemnly declared to be only defensive; and it is inconceivable how general principles, conformable to every positive obligation, and modified according to the stipulations of treaties, could be justly considered as attacks on the rights, or the dignity, of any state whatever. While the powers who profess them require only their acknowledgment, the conflict of principles reciprocally maintained cannot be provoked but by those means which, operating as a denial of facts, place

them in direct and inevitable opposition.

The undersigned, by order of the king his master, calls the serious attention of the British government to these reflexions, and to these just and incontrovertible truths: they are analogous to the loyal sen timents of a sovereign, the antient and faithful ally of Great Britain, who is not only incapable of offering, on his part, any injuries real or voluntary, but who has well founded titles to a return of forbearance and justice.

The prompt cessation of proceeding hostile to the interests of Denmark is a circumstance to which his majesty still looks forward with the confidence he has ever wished to entertain with regard to his Britannic majesty; and it is in his name, and conformably to the instructions expressed on his part, that the undersigned insists on the embargo placed on the Danish vessels in the ports of Great Britain being immediately taken off.

By a constant series of moderation on the part of the king, the measures to which the outrageous proceedings of the British government authorised him to have had recourse, have been suspended, his majesty deeming it an act of glory to give, by this means, a decisive proof of the falsehood of the suspicions advanced against him, and of the doubts thrown on his inten

tions.

But if, contrary to all expectation, the English government persists in its violent resolutions, he will see himself with regret reduced to the urgent necessity of exerting those means which his dignity, and the interests of his subjects, will imperiously prescribe.

(Signed) WEDEL JARLSBERG. London, Feb. 23, 1801. (K 2) ANSWER.

ANSWER.

Lord Hawkesbury presents his compliments to count Wedel Jarlsberg, and has the honour to inform him, that he shall lose no time in communicating to the Danish government his majesty's sentiments on the contents of count Wedel Jarlsberg's note of the 23d instant,

Lord Hawkesbury requests that count Wedel Jarlsberg will accept the assurances of his high consideration.

Downing-street, Feb. 25, 1801.

NOTE.

The undersigned has constantly reposed an unlimited confidence in

the sentiments and moderation of his Britannic majesty. He has consequently only endeavoured, in the preliminary note of lord Hawkes bury, dated the 25th of last month,

in answer to his official note of the 23d, to discover the expression of an assurance of those sentiments which should be transmitted to Copenhagen; and he is persuaded that the effect of them on the part of his Britannic majesty will be manifested, by calling, in the most efficacious and satisfactory manner, the attention of the government to the representations of his Danish majesty, transmitted through the organs and offices of the undersigned.

But as the adoption of conciliatory measures is constantly found suspended, and as, on the contrary, those of violence and injustice are daily accumulating, the undersign ed cannot acquiesce, in silence, in the continuation of this state of things, which only tends to bar the way to amicable explanations, and to compromise the dearest interests of each nation.

He hastens, in consequence, to renew with earnestness the demand

Copy of the Convention with the Court of London, signed at St. Petersburg the 5th (17th) June, 1801.

In the Name of the Most Holy

and Undivided Trinity. The mutual desire of his majesty the emperor of all the Russias and of his majesty the king of the

united kingdom of Great Britain and Ireland being not only to come to an understanding between themselves with respect to the differences which have lately interrupted the good understanding and friendly relations which subsisted between the two states; but also to prevent, by frank and precise explanations upon the navigation of their respective subjects, the renewal of similar altercations and troubles which might be the consequence of them; and the object of the solicitude of their said majesties being to settle, as soon as can be done, an equitable arrangement of those differences, and an invariable determination of their principles upon the rights of neu trality, in their application to their respective monarchies, in order to unite more closely the ties of friend ship and good intercourse, of which they acknowledge the utility and the benefits, have named and chosen for their plenipotentiaries, viz. his majesty the emperor of all the Russias, the sieur Niquita, count de Panen, his counsellor, &c. and his majesty the king of the united kingdom of Great Britain and Ire land, Alleyen, baron St. Helens, privy counsellor, &c. who, after having communicated their full powers, and found them in good and due form, have agreed upon the following points and articles:

Art. I. There shall be hereafter between his imperial majesty of all the Russias and his Britannic majesty, their subjects, the states and countries under their domination, good and unalterable friendship and understanding; and all the political, commercial, and other relations of common utility between the respective subjects shall subsist as formerly, without their be

ing disturbed or troubled in any manner whatever.

II. His majesty the emperor and his Britannic majesty declare, that they will take the most especial care of the execution of the prohibitions against the trade of contraband of their subjects with the enemies of each of the high contracting parties.

III. His imperial majesty of all the Russias and his Britannic majesty having resolved to place un der

sufficient safeguard the freedom of commerce and navigation of their subjects, in case one of them shall be at war whilst the other shall be neuter, have agreed :

1. That the ships of the neutral power shall navigate freely to the ports and upon the coasts of the nations at war.

2. That the effects embarked on board neutral ships shall be free, with the exception of contraband of war, and of enemy's property; and it is agreed not to comprise in the number of the latter, the merchandise of the produce, growth, or manufacture of the countries at war, which should have been acquired by the subjects of the neutral power, and should be trans, ported for their account, which merchandise cannot be excepted in any case from the freedom granted to the flag of the said power.

3. That in order to avoid all equivocation and misunderstanding of what ought to be qualified as contraband of war, his imperial ma jesty of all the Russias and his Britannic majesty declare, conformably to the 11th article of the treaty of commerce concluded between the two crowns on the 10th (21st) Feb. 1797, that they acknowledge as such only the following objects, (K 3)

viz..

viz. cannons, mortars, fire-arms, pistols, bombs, grenades, balls, bullets, firelocks, flints, matches, powder, salt-petre, sulphur, helmets, pikes, pouches, swords, sword-belts, saddles and bridles, excepting, however, the quantity of the said articles which may be necessary for the defence of the ship and of those who compose the crew; and all other articles whatever not enumerated here shall not be reputed warlike and naval ammunition, nor be subject to confiscation, and of course shall pass freely, without being subjected to the smallest difficulty, unless they be considered enemy's property in the above settled sense. It is also agreed that that which is stipulated in the present article shall not be to the prejudice of the particular stipulations of one or the other crown with other powers, by which objects of a similar kind should be reserved, prohibited, or permitted.

4. That in order to determine what characterises a blockaded port, that determination is given only to that where there is, by the disposition of the power which attacks it with ships stationary, or sufficiently near, an evident danger in entering.

5. That the ships of the neutral power shall not be stopped but upon just causes and evident facts: that they be tried without delay, and that the proceeding be always uniform, prompt, and legal.

In order the better to ensure the respect due to these stipulations, dictated by the sincere desire of conciliating all interests, and to give a new proof of their loyalty and love of justice, the high contracting parties enter here into the most formal engagement to renew the severest prohibitions to their

captains, whether of ships of war or merchantmen, to take, keep, or conceal on board their ship any of the objects which, in the terms of the present convention, may be reputed contraband, and respectively to take care of the execution of the orders which they shall have published in their admiralties, and wherever it shall be necessary.

Art. IV. The two high contracting parties, wishing to prevent all subject of dissension in future by limiting the right of search of mer chant ships going under convoy to the sole causes in which the belligerent power may experience a real prejudice by the abuse of the neutral flag, have agreed,

1. That the right of searching merchant ships belonging to the subjects of one of the contracting powers, and navigating under convoy of a ship of war of the said. power, shall only be exercised by ships of war of the belligerent party, and shall never extend to the fitters out of privateers, or other vessels, which do not belong to the imperial or royal fleet of their majesties, but which their subjects shall have fitted out for war.

That the proprietors of all merchant ships belonging to the subjects of one of the contracting sovereigns, which shall be destined to sail under convoy of a ship of war, shall be required, before they receive their sailing orders, to produce to the commander of the convoy their passports and certificates, or sea letters, in the form annexed to the present treaty.

3. That when such ship of war, and every merchant ship under convoy, shall be met with by a ship or ships of war of the other contracting party, who shall then be in a state of war, in order to

avoid all disorder, they shall keep out of cannon shot, unless the situation of the sea, or the place of meeting, render a nearer approach necessary, and the commander of the ship of the belligerent power shall send a sloop on board the convoy, where they shall proceed reciprocally to the verification of the papers and certificates that are to prove on one part, that the ship of war is authorised to take under its escort such or such merchant ships of its nation, laden with such a cargo, and for such a port on the other part, that the ship of war of the belligerent party belongs to the imperial or royal fleet of their majesties.

4. This verification made, there shall be no pretence for any search, if the papers are found in due form, and if there exists no good motive for suspicion. In the contrary case, the captain of the neutral ship of war (being duly required thereto by the captain of the ship of war or ships of war of the belligerent power) is to bring-to and detain his convoy during the time necessary for the search of the ships which compose it, and he shall have the faculty of naming and delegating one or more officers to assist at the search of the said ships, which shall be done in his presence board each merchant ship conjointly with one or more officers selected by the captain of the ship of the belligerent party.

on

5. If it happen that the captain of the ship or ships of war of the power at war, having examined the papers found on board, and having interrogated the master and crew of the ship, shall see just and sufficient reason to detain the merchant ship in order to proceed to an ulterior search, he shall notify that intention to the captain of the convoy, who shall have the power

to order an officer to remain on board the ship thus detained, and to assist at the examination of the cause of her detention. The merchant ship shall be carried immediately to the nearest and most convenient port belonging to the belligerent power, and the ulterior search shall be carried on with all possible diligence.

Art. V. It is also agreed, that if any merchant ship thus convoyed should be detained without just and sufficient cause, the commander of the ship or ships of war of the belligerent power shall not only be bound to make to the owners of the ship and of the cargo a full and perfect compensation for all the losses, expences, damages, and costs, occasioned by such a detention, but shall further be liable to an ulterior punishment for every act of violence or other fault whichTM he may have committed, according as the nature of the case may require. On the other hand, no ship of war with a convoy shall be permitted, under any pretext whatsoever, to resist by force the deten-' tion of a merchant ship or ships by the ship or ships of war of the belligerent power; an obligation which the commander of a ship of war with convoy is not bound to observe towards privateers and their fitters out,

VI. The high contracting powers shall give precise and effica cious orders that the sentences upon prizes made at sea shall be conformable with the rules of the most exact justice and equity; that they shall be given by judges above su spicion, and who shall not be interested in the matter. The government of the respective states shall take care that the said sentences shall be promptly and duly executed, according to the forms prescribed. In case of the unfounded (K. 4) detention,