Danish Privateering: 1807-11

Danish Privateering: 1807-11

Regulations for Vessels Commissioned as Privateers, dated Rensburg [Rendsburg, Schleswig-Holstein, Germany] September 14, 1807

By Tom Holmberg

Communicated to the House of Representatives, January 12, 1810.

Gentlemen of the House of Representatives:

I communicate to the House of Representatives the report of the Secretary of State on the subject of their resolution of the 3^rd instant.

JAMES MADISON.

Department of State, January 11, 1810.

The Secretary of State has the honor to report to the President, in conformity to the resolution of the House of Representatives of the 3^rd instant, that no information has been received at the Department of State relative to the blockade of the ports of the Baltic by France, and of the exclusion of neutral vessels by Russia, Sweden, and Denmark. As it is presumed, however, that the enclosed papers,…a translation furnished to this Department on the 10^th January last, by the chargé des affaires of Denmark, of such parts of the instructions given to the privateers of that country on the 14^th September, 1807, as were supposed to be most interesting to neutrals, may have some connexion with the object of the resolution, they are respectfully submitted.

R. SMITH.

Regulations for vessels commissioned as privateers, dated Rensburg [Rendsburg, Schleswig-Holstein, Germany] September 14, 1807.

[Translation.]

Section 1. Defines the qualifications for privateers.

2. Form of commission.

3. Regulates the security to be given by the owner.

4. It is the duty of every one, thus lawfully commissioned, to take and bring in for adjudication all ships and vessels belonging to the British Crown or to British subjects; and he may also bring in for examination all such ships and vessels as may render themselves suspicious by a deviation from some of those in section 9, given definitions, and in whose papers he finds a founded suspicion that they do not belong to subjects of friendly or neutral Powers; and he may further bring in for examination all such ships and vessels as at the commencement of hostilities were British property, notwithstanding they may have been, by later purchase or contract, made over to subjects of other nations; except by regular papers, passports, and sea-letters ["The term "Sea Letter" has been used to describe any document issued by a government or monarch to one of its merchant fleet, which established proof of nationality and guaranteed protection for the vessel and her owners." Stein, Douglas L. American Maritime Documents, 1776-1860.], it satisfactorily appears that they have been in some friendly or neutral port after they had ceased to be British property.

5. Orders respect to be paid to the territory of neutral or friendly Powers, and such territory is considered to extend to one sea league [three nautical miles; one nautical mile equals 1.15 statute (land) miles] from the land.

6. As we recognise it to be a fundamental principle, never to be departed from, that a free ship makes the goods on board free also, so do we strictly forbid our cruisers, commissioned as privateers, to detain any vessel belonging to friendly or neutral Powers, be the cargo whose it will, provided the ship's papers are in proper order, and no part of the cargo contraband of war, bound to a port or place under British dominion.

7. As free ships make free the goods on board, so do enemy's ships make the cargo hostile, unless it clearly appears that they are the property of neutrals, loaded before the commencement of the war, or before the war was known at the place at which it was taken on board, and before the papers of the vessel were expedited.

8. The papers which, according to the 6^th article, ought to be on board in due form, are (a,) a sea-pass; (b,) the proof of the carpenter as to the building of the vessel; (c,) a register and certificate of measurement; (d,) a muster-roll; (e,) a clearance; (f.) a charter-party or bills of lading; (g,) and, for such vessels as have passed the Sound, a clearance from Elsinore. Every ship or vessel which has so passed, and is found without such clearance, will be condemned as lawful prize to the captor.—Royal Plaiat dal. Copenhagen, 14^th November, 1807.

9. As good prize will be considered all vessels which belong to the Crown of Great Britain or to British subjects, in whatever part of the world they reside. Further, shall, after due investigation, according to the particular circumstances of the case, be condemned as good prize: (a,) all vessels which shall be found at sea without a sea-pass; or, (b,) when the pass or other documents are found to be false; (c,) when they are found in a course different from that expressed in their pass, unless forced thereto by storms, bad weather, pursuit of an enemy, or other accidents or distress, which must be proved by the journal; (d,) when loaded wholly or in part with contraband of war, which, on investigation, shall be destined to a British port; (e,) when a vessel is detained, or about to be detained, by a privateer, offers resistance; (f,) such ships or vessels as shall approach a squadron blockading a Danish town, port, or province, in order to trade with it or to carry it provisions.

10. Enumerate[s] the articles which constitutes contraband of war.

11. Directs the conduct to be observed at sea towards ships belonging to neutral or friendly Powers; the privateer, in case of suspicion only, to board such vessels.

12. The crews of privateers are forbidden to break open any drawer, trunk, or package, or any part of the cargo; but in case of suspicion of contraband of war, they may require of the master of the neutral ship to open himself, with the assistance of his own people, unless he should prefer to be carried into port for examination. Prescribes penalty for acting contrary.

13. Conduct to be observed towards vessels detained until they reach port.

14. All prizes to be sent into Danish or Norwegian ports, under the penalty of forfeiture of the commission; distress of weather, pursuit of enemy, &c. excepted

15. Regulates the examination and first proceedings in the case of a vessel carried in, and of the officer whose duty it is to attend thereto; the act of examination duly attested, and a lawful inventory of the cargo and ship to be sent to the prize court.

16. Regulates the duty of the prize court, &c. In giving judgment, all circumstances to be duly considered, but no other letter or papers to be produced as evidence against the vessel or cargo, except such as were actually found on board at the time of its detention.

17. Provides a prize court for every province in Denmark and Norway, and one for each of the duchies.

18. Respect[ing] appeals to the High Court of Admiralty.

19. When a privateer detains a vessel without any of those justifiable excuses before mentioned, all reasonable expenses and damages arising therefrom must be made good by such privateers; but if the detained vessel shall not be furnished with regular papers, the capturing vessel shall be acquitted from all the consequences of such detention.

20. Provides for the sale at public auction of all prizes condemned, deducting from the proceeds of the sale one per cent, for the use of the marine hospital at Copenhagen; exempts from duty, tonnage, and all other charges, vessels and cargoes detained.

21. Directs the crews of vessels condemned as prize, if British subjects, to be sent to the nearest fortress, there to be considered as prisoners of war; and such as are subjects of friendly or neutral Powers, to be delivered to the consuls of their respective nations.

22. Directs a copy of these regulations to be on board every privateer.

Given in our city and fortress of Rensburg the 14^th September, 1807.

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Danish Privateering: 1807-11 Regulations for Vessels Commissioned as Privateers, dated Rensburg [Rendsburg, Schleswig-Holstein, Germany] September 14, 1807 By Tom Holmberg Communicated to the House of Representatives, January 12, 1810. Gentlemen of the House of Representatives: I communicate to the House of Representatives the report of the Secretary of State on the subject of their resolution of the 3^rd instant. JAMES MADISON. Department of State, January 11, 1810. The Secretary of State has the honor to report to the President, in conformity to the resolution of the House of Representatives of the 3^rd instant, that no information has been received at the Department of State relative to the blockade of the ports of the Baltic by France, and of the exclusion of neutral vessels by Russia, Sweden, and Denmark. As it is presumed, however, that the enclosed papers,…a translation furnished to this Department on the 10^th January last, by the chargé des affaires of Denmark, of such parts of the instructions given to the privateers of that country on the 14^th September, 1807, as were supposed to be most interesting to neutrals, may have some connexion with the object of the resolution, they are respectfully submitted. R. SMITH. Regulations for vessels commissioned as privateers, dated Rensburg [Rendsburg, Schleswig-Holstein, Germany] September 14, 1807. [Translation.] Section 1. Defines the qualifications for privateers. 2. Form of commission. 3. Regulates the security to be given by the owner. 4. It is the duty of every one, thus lawfully commissioned, to take and bring in for adjudication all ships and vessels belonging to the British Crown or to British subjects; and he may also bring in for examination all such ships and vessels as may render themselves suspicious by a deviation from some of those in section 9, given definitions, and in whose papers he finds a founded suspicion that they do not belong to subjects of friendly or neutral Powers; and he may further bring in for examination all such ships and vessels as at the commencement of hostilities were British property, notwithstanding they may have been, by later purchase or contract, made over to subjects of other nations; except by regular papers, passports, and sea-letters ["The term "Sea Letter" has been used to describe any document issued by a government or monarch to one of its merchant fleet, which established proof of nationality and guaranteed protection for the vessel and her owners." Stein, Douglas L. American Maritime Documents, 1776-1860.], it satisfactorily appears that they have been in some friendly or neutral port after they had ceased to be British property. 5. Orders respect to be paid to the territory of neutral or friendly Powers, and such territory is considered to extend to one sea league [three nautical miles; one nautical mile equals 1.15 statute (land) miles] from the land. 6. As we recognise it to be a fundamental principle, never to be departed from, that a free ship makes the goods on board free also, so do we strictly forbid our cruisers, commissioned as privateers, to detain any vessel belonging to friendly or neutral Powers, be the cargo whose it will, provided the ship's papers are in proper order, and no part of the cargo contraband of war, bound to a port or place under British dominion. 7. As free ships make free the goods on board, so do enemy's ships make the cargo hostile, unless it clearly appears that they are the property of neutrals, loaded before the commencement of the war, or before the war was known at the place at which it was taken on board, and before the papers of the vessel were expedited. 8. The papers which, according to the 6^th article, ought to be on board in due form, are (a,) a sea-pass; (b,) the proof of the carpenter as to the building of the vessel; (c,) a register and certificate of measurement; (d,) a muster-roll; (e,) a clearance; (f.) a charter-party or bills of lading; (g,) and, for such vessels as have passed the Sound, a clearance from Elsinore. Every ship or vessel which has so passed, and is found without such clearance, will be condemned as lawful prize to the captor.—Royal Plaiat dal. Copenhagen, 14^th November, 1807. 9. As good prize will be considered all vessels which belong to the Crown of Great Britain or to British subjects, in whatever part of the world they reside. Further, shall, after due investigation, according to the particular circumstances of the case, be condemned as good prize: (a,) all vessels which shall be found at sea without a sea-pass; or, (b,) when the pass or other documents are found to be false; (c,) when they are found in a course different from that expressed in their pass, unless forced thereto by storms, bad weather, pursuit of an enemy, or other accidents or distress, which must be proved by the journal; (d,) when loaded wholly or in part with contraband of war, which, on investigation, shall be destined to a British port; (e,) when a vessel is detained, or about to be detained, by a privateer, offers resistance; (f,) such ships or vessels as shall approach a squadron blockading a Danish town, port, or province, in order to trade with it or to carry it provisions. 10. Enumerate[s] the articles which constitutes contraband of war. 11. Directs the conduct to be observed at sea towards ships belonging to neutral or friendly Powers; the privateer, in case of suspicion only, to board such vessels. 12. The crews of privateers are forbidden to break open any drawer, trunk, or package, or any part of the cargo; but in case of suspicion of contraband of war, they may require of the master of the neutral ship to open himself, with the assistance of his own people, unless he should prefer to be carried into port for examination. Prescribes penalty for acting contrary. 13. Conduct to be observed towards vessels detained until they reach port. 14. All prizes to be sent into Danish or Norwegian ports, under the penalty of forfeiture of the commission; distress of weather, pursuit of enemy, &c. excepted 15. Regulates the examination and first proceedings in the case of a vessel carried in, and of the officer whose duty it is to attend thereto; the act of examination duly attested, and a lawful inventory of the cargo and ship to be sent to the prize court. 16. Regulates the duty of the prize court, &c. In giving judgment, all circumstances to be duly considered, but no other letter or papers to be produced as evidence against the vessel or cargo, except such as were actually found on board at the time of its detention. 17. Provides a prize court for every province in Denmark and Norway, and one for each of the duchies. 18. Respect[ing] appeals to the High Court of Admiralty. 19. When a privateer detains a vessel without any of those justifiable excuses before mentioned, all reasonable expenses and damages arising therefrom must be made good by such privateers; but if the detained vessel shall not be furnished with regular papers, the capturing vessel shall be acquitted from all the consequences of such detention. 20. Provides for the sale at public auction of all prizes condemned, deducting from the proceeds of the sale one per cent, for the use of the marine hospital at Copenhagen; exempts from duty, tonnage, and all other charges, vessels and cargoes detained. 21. Directs the crews of vessels condemned as prize, if British subjects, to be sent to the nearest fortress, there to be considered as prisoners of war; and such as are subjects of friendly or neutral Powers, to be delivered to the consuls of their respective nations. 22. Directs a copy of these regulations to be on board every privateer. Given in our city and fortress of Rensburg the 14^th September, 1807. [ Military Index \| Battles Index \| More on Danish Privateering ]

	© Copyright 1995-2004, The Napoleon Series, All Rights Reserved. [ Top \| Home ]