Danish Privateering: 1807-11

Danish Privateering: 1807-11

Mr. Rosenkrantz's Response to Mr. Erving's Letter of June 6, 1811: June 28, 1811

By Tom Holmberg

Copenhagen, June 28, 1811.

The undersigned, Minister of State, chief of the Department of Foreign Affairs, has laid before the King his master the notes which Mr. Erving, special minister from the United States of America, addressed to him on the 7^th current. He is charged to assure this minister that His Majesty has seen, with great satisfaction, that the President of the United States recognises the reciprocal utility of the relations which unite the two Governments.

The King, having always had it at heart to maintain a good understanding with the American Government, would be much pained if he could be convinced that the subjects of the United States, who have carried on commerce and navigation either in the ports of His Majesty, or in the waters which wash the shores of his States, or in the adjoining latitudes, have had just cause to complain of the treatment which they have met with there in consequence of the privateering which His Majesty has been forced to authorize, by the war into which the Danish nation have been drawn by the Government of Great Britain. His Majesty is persuaded that the vessels captured under the flag of the United States have not been brought into his ports, unless there was reason to suppose that the vessel was not duly authorized to carry that flag, or that she was engaged in an illicit trade. The ordinance as to privateering, which was published on the 28^th March of the last year, prescribed to those fitting out privateers the conduct they were to pursue, and it also fixed the responsibility to which they were subjected. The High Court of Admiralty watches over the execution of this ordinance, which has met the approbation of all the Governments of Europe.

If there have been many vessels under the American flag brought in, it is because there have been a great number of them furnished with false papers, that evidently carried on a simulated and justly prohibited commerce. It was naturally very difficult for the courts to distinguish at first the navigation which was fair and in rule (en règle) from that which was devoted to the service of the enemy of Denmark. The conduct of the navigators who followed the latter compromitted those who had nothing to reproach themselves with; but in every case where the High Court of Admiralty discovered that the papers on board proved that the vessel was really American, and that the captain had not made an improper use of them to cover the property of the enemy, passing it off as American, the vessels and the cargoes have been released. There was one cause of a seizure and of process against American vessels, which, in a certain degree, applied to those that produced false papers, or to those in whose documents there were irregularities. This was the certificate of origin granted to American vessels by the French consuls residing in the ports of the United States. The French Government caused it to be officially declared to the Court of Copenhagen, on 22^nd September, that the consuls of France would not grant any more certificates of origin, and that every American vessel that had taken them on board had so far false papers, and was to be treated accordingly. Taking into view the strict and happy union which subsisted between the King and His Majesty the Emperor of the French, His Majesty could not but pay attention to this communication. He, therefore, ordered that the certificates of origin, which had been thus declared to be all false, should be considered by the prize courts as false documents which would authorize the condemnation of the vessel that had them on board. The undersigned having been afterwards informed by the chargé des affaires of His Majesty in the United States, and more recently by Mr, Erving, that the consuls of France in the United States had not received the order of their government to abstain from granting these certificates until the 13^th November of last year, by the Hornet, and that they had not ceased granting them until after that period; and having reported this to His Majesty, he immediately directed that the certificates in question should no longer be injurious to the vessels that were furnished with them, provided that these certificates bore date prior to the 13^th November of last year.

The King has not confined himself to giving this proof of his attention to the remonstrance made to him on the part of the Government of the United States; His Majesty has also, having in view the representations made by the special minister of the United States, just ordered, that the cases of the following vessels under the American flag, brought into the ports of his dominions, viz: Minerva, Captain Baker; Resolution, Eldridge; Pittsburg, Yardsley; Maria Theresa, Phelps; Amiable Matilda, Hague; Minerva, Smith; should be reported to him by his Chancery before the definitive sentence was pronounced, in case the Supreme Court of Admiralty should find that the charges alleged by the captors were so well founded, as to make it probable that the sentence would be unfavorable to the vessels. Mr Irving will be pleased to observe, that these are vessels acquitted in the first instance by the prize courts, and in whose cases appeals had been made by the captors. His Majesty has also determined to cause to be reported to him in the same manner the cases of the following vessels: Oscar, Captain Cunningham; William and Jane, Bunker; Washington, Alms; Rachel, Joseph; Charlotte, Pierce; in which the masters of the vessels have had recourse to an appeal to the decision of the Supreme Court. The undersigned flatters himself that Mr. Erving will find in this compliance of the King his master, an evident proof of the desire of His Majesty to see that the most exact justice may be observed towards the American vessels brought into the Danish ports. His Majesty, who has seen with great satisfaction that the President of the United States properly appreciates the sentiments of justice and equity which animate him, feels gratified in manifesting to him that he desires to preserve and to cultivate, on his part, the relations of good understanding and of amity which have always subsisted between the Danish Government and that of the United States of America. It is enjoined on the undersigned to charge Mr. Erving with assuring his Government that the intentions of the King his master are invariable in this respect.

In regard to vessels under the American flag, arrested at sea by Danish cruisers, and which were found under the convoy of British ships of war, Mr. Erving will permit the undersigned to have the honor of observing to him, that when the fact is fully proven, the searching after and the use made of the protection of the enemies of Denmark, in the seas which wash the shores of His Majesty's dominions, or in those which environ them, cannot be viewed by the Danish Government but as having taken from these vessels their original character of neutrals; but the King, not having been willing that the courts should attribute to vessels under the American flag the having been placed (de s'étre mis) under the protection of his enemies, unless the fact was proven, has very recently directed that proofs the most evident he required to establish the fact, that a vessel under the American flag had been (ait été) under English convoy. The undersigned cannot but urge, in favor of the principle established by the eleventh article of the ordinance for privateering, the argument that he causes himself to be protected, by this act ranges himself on the side of the protector, and thus puts himself in opposition to the enemy of the protector, and evidently renounces the advantages attached to the character of friend to him against whom he seeks the protection. If Denmark should abandon this principle, the navigators of all nations would find their account in carrying on the commerce of Great Britain under the protection of English ships of war, without running any risk. We every day see that this is done; the Danish Government not being able to place in the way of it sufficient obstacles. The undersigned will add a single observation, which will serve to convince Mr. Erving that this principle is, in the view of His Majesty, as just as it is invariable—that is, that every Danish vessel which should make use of English convoy is condemned, if she is convicted of it, in like manner as a foreign vessel. It is but too well known that, in all times during maritime wars, neutral navigation has been exposed to embarrassments and delays. The Danish navigation has had experience of it in its time. It is, therefore, that the King has established rules for privateering, which place the navigation truly neutral under cover from vexations. His Majesty would equally have wished entirely to have prevented captured vessels from experiencing delays of any importance when it was found that they had their papers or board, in order, (en reglé,) and that they had not improperly used them to carry on a simulated commerce on account of the enemy of Denmark. He is convinced that he has taken for this purpose all the measures in his power, and he is resolved carefully to watch over their execution. These measures, and the will (volonté) of the King offer sure guarantees to the commerce of the United States, that the vessels under their flag will be able to navigate in the seas and waters visited by the Danish cruisers, without any risk of being molested by them, or brought in, if their papers are in order, (en reglé,) and there is no reason to suppose that they have been improperly used. The vessel which is destined to carry into any port whatever produce or merchandise which are not admitted into that port according to the laws of the State to which it belongs, will not be considered as in rule, (en reglé;) and the navigators, who may aim at employing their vessels in this way, will only have to blame themselves if their enterprise leads to their injury.

The undersigned, in acquitting himself, as he had just done, of the orders of his sovereign, cannot deprive himself of the honor of again reminding Mr. Erving that the navigation and the commerce of the citizens of the United States found a reception and an outlet for the productions of their country in the ports under the dominion of the King of Denmark, at a time when they did not enjoy the same advantages in the ports of the greater part of the States of Europe. This circumstance will sufficiently prove to the American Government, that that of Denmark is fully aware of the reciprocal utility of the relations of commerce, and of good understanding between the two nations.

The undersigned has the honor of renewing to Mr. Erving the assurance of his high consideration,

ROSENKRANTZ.

.

[ Military Index | Battles Index | More on Danish Privateering ]

© Copyright 1995-2004 The Napoleon Series, All Rights Reserved.

[ Top | Home ]


Danish Privateering: 1807-11 Mr. Rosenkrantz's Response to Mr. Erving's Letter of June 6, 1811: June 28, 1811 By Tom Holmberg Copenhagen, June 28, 1811. The undersigned, Minister of State, chief of the Department of Foreign Affairs, has laid before the King his master the notes which Mr. Erving, special minister from the United States of America, addressed to him on the 7^th current. He is charged to assure this minister that His Majesty has seen, with great satisfaction, that the President of the United States recognises the reciprocal utility of the relations which unite the two Governments. The King, having always had it at heart to maintain a good understanding with the American Government, would be much pained if he could be convinced that the subjects of the United States, who have carried on commerce and navigation either in the ports of His Majesty, or in the waters which wash the shores of his States, or in the adjoining latitudes, have had just cause to complain of the treatment which they have met with there in consequence of the privateering which His Majesty has been forced to authorize, by the war into which the Danish nation have been drawn by the Government of Great Britain. His Majesty is persuaded that the vessels captured under the flag of the United States have not been brought into his ports, unless there was reason to suppose that the vessel was not duly authorized to carry that flag, or that she was engaged in an illicit trade. The ordinance as to privateering, which was published on the 28^th March of the last year, prescribed to those fitting out privateers the conduct they were to pursue, and it also fixed the responsibility to which they were subjected. The High Court of Admiralty watches over the execution of this ordinance, which has met the approbation of all the Governments of Europe. If there have been many vessels under the American flag brought in, it is because there have been a great number of them furnished with false papers, that evidently carried on a simulated and justly prohibited commerce. It was naturally very difficult for the courts to distinguish at first the navigation which was fair and in rule (en règle) from that which was devoted to the service of the enemy of Denmark. The conduct of the navigators who followed the latter compromitted those who had nothing to reproach themselves with; but in every case where the High Court of Admiralty discovered that the papers on board proved that the vessel was really American, and that the captain had not made an improper use of them to cover the property of the enemy, passing it off as American, the vessels and the cargoes have been released. There was one cause of a seizure and of process against American vessels, which, in a certain degree, applied to those that produced false papers, or to those in whose documents there were irregularities. This was the certificate of origin granted to American vessels by the French consuls residing in the ports of the United States. The French Government caused it to be officially declared to the Court of Copenhagen, on 22^nd September, that the consuls of France would not grant any more certificates of origin, and that every American vessel that had taken them on board had so far false papers, and was to be treated accordingly. Taking into view the strict and happy union which subsisted between the King and His Majesty the Emperor of the French, His Majesty could not but pay attention to this communication. He, therefore, ordered that the certificates of origin, which had been thus declared to be all false, should be considered by the prize courts as false documents which would authorize the condemnation of the vessel that had them on board. The undersigned having been afterwards informed by the chargé des affaires of His Majesty in the United States, and more recently by Mr, Erving, that the consuls of France in the United States had not received the order of their government to abstain from granting these certificates until the 13^th November of last year, by the Hornet, and that they had not ceased granting them until after that period; and having reported this to His Majesty, he immediately directed that the certificates in question should no longer be injurious to the vessels that were furnished with them, provided that these certificates bore date prior to the 13^th November of last year. The King has not confined himself to giving this proof of his attention to the remonstrance made to him on the part of the Government of the United States; His Majesty has also, having in view the representations made by the special minister of the United States, just ordered, that the cases of the following vessels under the American flag, brought into the ports of his dominions, viz: Minerva, Captain Baker; Resolution, Eldridge; Pittsburg, Yardsley; Maria Theresa, Phelps; Amiable Matilda, Hague; Minerva, Smith; should be reported to him by his Chancery before the definitive sentence was pronounced, in case the Supreme Court of Admiralty should find that the charges alleged by the captors were so well founded, as to make it probable that the sentence would be unfavorable to the vessels. Mr Irving will be pleased to observe, that these are vessels acquitted in the first instance by the prize courts, and in whose cases appeals had been made by the captors. His Majesty has also determined to cause to be reported to him in the same manner the cases of the following vessels: Oscar, Captain Cunningham; William and Jane, Bunker; Washington, Alms; Rachel, Joseph; Charlotte, Pierce; in which the masters of the vessels have had recourse to an appeal to the decision of the Supreme Court. The undersigned flatters himself that Mr. Erving will find in this compliance of the King his master, an evident proof of the desire of His Majesty to see that the most exact justice may be observed towards the American vessels brought into the Danish ports. His Majesty, who has seen with great satisfaction that the President of the United States properly appreciates the sentiments of justice and equity which animate him, feels gratified in manifesting to him that he desires to preserve and to cultivate, on his part, the relations of good understanding and of amity which have always subsisted between the Danish Government and that of the United States of America. It is enjoined on the undersigned to charge Mr. Erving with assuring his Government that the intentions of the King his master are invariable in this respect. In regard to vessels under the American flag, arrested at sea by Danish cruisers, and which were found under the convoy of British ships of war, Mr. Erving will permit the undersigned to have the honor of observing to him, that when the fact is fully proven, the searching after and the use made of the protection of the enemies of Denmark, in the seas which wash the shores of His Majesty's dominions, or in those which environ them, cannot be viewed by the Danish Government but as having taken from these vessels their original character of neutrals; but the King, not having been willing that the courts should attribute to vessels under the American flag the having been placed (de s'étre mis) under the protection of his enemies, unless the fact was proven, has very recently directed that proofs the most evident he required to establish the fact, that a vessel under the American flag had been (ait été) under English convoy. The undersigned cannot but urge, in favor of the principle established by the eleventh article of the ordinance for privateering, the argument that he causes himself to be protected, by this act ranges himself on the side of the protector, and thus puts himself in opposition to the enemy of the protector, and evidently renounces the advantages attached to the character of friend to him against whom he seeks the protection. If Denmark should abandon this principle, the navigators of all nations would find their account in carrying on the commerce of Great Britain under the protection of English ships of war, without running any risk. We every day see that this is done; the Danish Government not being able to place in the way of it sufficient obstacles. The undersigned will add a single observation, which will serve to convince Mr. Erving that this principle is, in the view of His Majesty, as just as it is invariable—that is, that every Danish vessel which should make use of English convoy is condemned, if she is convicted of it, in like manner as a foreign vessel. It is but too well known that, in all times during maritime wars, neutral navigation has been exposed to embarrassments and delays. The Danish navigation has had experience of it in its time. It is, therefore, that the King has established rules for privateering, which place the navigation truly neutral under cover from vexations. His Majesty would equally have wished entirely to have prevented captured vessels from experiencing delays of any importance when it was found that they had their papers or board, in order, (en reglé,) and that they had not improperly used them to carry on a simulated commerce on account of the enemy of Denmark. He is convinced that he has taken for this purpose all the measures in his power, and he is resolved carefully to watch over their execution. These measures, and the will (volonté) of the King offer sure guarantees to the commerce of the United States, that the vessels under their flag will be able to navigate in the seas and waters visited by the Danish cruisers, without any risk of being molested by them, or brought in, if their papers are in order, (en reglé,) and there is no reason to suppose that they have been improperly used. The vessel which is destined to carry into any port whatever produce or merchandise which are not admitted into that port according to the laws of the State to which it belongs, will not be considered as in rule, (en reglé;) and the navigators, who may aim at employing their vessels in this way, will only have to blame themselves if their enterprise leads to their injury. The undersigned, in acquitting himself, as he had just done, of the orders of his sovereign, cannot deprive himself of the honor of again reminding Mr. Erving that the navigation and the commerce of the citizens of the United States found a reception and an outlet for the productions of their country in the ports under the dominion of the King of Denmark, at a time when they did not enjoy the same advantages in the ports of the greater part of the States of Europe. This circumstance will sufficiently prove to the American Government, that that of Denmark is fully aware of the reciprocal utility of the relations of commerce, and of good understanding between the two nations. The undersigned has the honor of renewing to Mr. Erving the assurance of his high consideration, ROSENKRANTZ. . [ Military Index \| Battles Index \| More on Danish Privateering ]

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