Danish Privateering: 1807-11

Danish Privateering: 1807-11

Translation of an extract of a letter from Peter Isaacsen to the President of the United States: August 11, 1809

By Tom Holmberg

August 11, 1809

At a time at which nearly all the European Powers are engaged in war, and not the colors of a single nation are respected; at which privateering, molestation, and capturing have become as customary as they, in times of peace, were considered as against the laws of nations, an abhorred by all civilized States; at which commerce and navigation are everywhere interrupted, or, rather to say, destroyed; at such a time, it has happened, after the navigation of the United States of America was renewed, that several American merchant ships, bound from thence to the north of Europe, have been detained on their voyage by Norway privateers in the North Seas, and carried into the ports of Norway, where, at the present time, are already the number of twenty-six of such vessels, partly here at Christiansand, and partly in the neighboring harbors.

Under these circumstances, the captains of those vessels, as well as the supercargoes, have found it expedient to choose a general commissioner, who was able to direct their business here, give them advice and assistance during their stay here, and, in the whole, who was able to fulfil all the functions of a consul. I am unanimously elected by them, being a merchant and Danish citizen at this place.

Persuaded of the most perfect neutrality of the United States of America with all the belligerent Powers, and that its Government always has kept a friendly connexion and understanding with my sovereign, the King of Denmark, and his dominions; and under the supposition that American subjects neither can nor will permit themselves any actions contrary to the positive laws, and which are not consistent with the most perfect neutrality; in consequence of this, I found myself in duty bound not to deny them that assistance of which they stand so much in need, in a country where they were altogether strangers, and deprived of the disposal both of their vessels and cargoes.

These motives have determined myself, for the first, to annex the functions of a consul and commissioner, which has enabled me, to my great satisfaction, to find that my expectations, with regard to the lawful business of the American subjects and the justice of their cases have not been entirely unfounded, and, in behalf of this, I do myself the honor to give the following submissive account.

Twenty-six vessels have been brought in here, of which eighteen have already undergone trial. Of these, eight have been cleared, and ten have been condemned as lawful prizes, for reasons that, in the ship's papers, have been found suspicious circumstances, viz:

The erasing or altering of the date in the sea-letter, the want of the signature of the Secretary of State in the sea-letter, and that they not altogether have been conformable with each other, &c.

And further, it has been observed that, among the several ships' documents, has every where been wanting the charter-party ["A Charter Party is a written contract by which the owners or master lets the whole or part of their ship to a merchant for the transportation of goods on a particular voyage." Stein, Douglas L. American Maritime Documents, 1776-1860.], which, according to the regulations for privateers, are ordered to be found on board every neutral vessel, which want has occasioned that the court of prizes has awarded the privateers to the expenses of the captures.

Those different sentences have produced the appeals to the High Court of Admiralty at Christiana, established there for the kingdom of Norway, either by the captains whose vessels have been condemned, or by the privateers against those vessels which have been liberated, which procedures will occasion further delay, expenses, and loss for the captured.

I hope that the most, if not all, the cases appealed to the High Court of Admiralty, will be decided in favor of the American captains; in consequence of this, I have proposed to the Government, if the privateers who have appealed, being mostly but poor pilots and fishermen, ought not to be ordered to give security for the unnecessary delay, and loss, and damages derived from it, and which the American captains further might have to suffer; or, if this security was not given, then it might be permitted them immediately to proceed on their voyages; but I have received neither answer nor resolution thereupon.

In the present situation of things exists, consequently, no remedy to lighten the burthen of the captains, or procure clearances for their ships and cargoes, but to wait for the success of the expected resolution upon my proposal, or for the event of the sentence of the High Court of Admiralty in appealed cases; in the mean time, I shall not fail to procure the cases of the captains pleaded, and in the whole observe their interest as well as possible.

Permit me further to make the following observations:

In the same manner as the treacherous behavior of England towards Denmark has occasioned the war between these two Powers, in the same manner has our Government considered privateering as one of the most useful means to hurt the enemy in his navigation and commerce. At the same time, it gives a material interest to the privateers themselves, especially in a period at which our own navigation and commerce lay at rest, and the mariners have no other means of getting their living; consequently, the privateers can in fact not be blamed to make use of their privileges and permission, by every opportunity, and I might dare to say that the capturing of neutral vessels, according to political principles, might be excused, having had several instances that vessels of such nations, which, conforming to the famous Berlin decree, ought not to sail for England, or to be in any commercial connexion with it, nevertheless have, by the help of fictitious and counterfeited papers, favored the commerce of that country, especially since the commencement of war between Denmark and England, and have made themselves the enemies of Denmark, by carrying those articles to England of which it stood in absolute want to keep up the war.

It is therefore nearly adopted as a common principle, not to respect the colors of any nation on the ocean, under the supposition that as well the colors as the documents might be fictitious and false, and that the cargoes might be, direct or indirect, destined for the enemies of Denmark. This principle has been the more justified by having found, at the examination of several captured vessels, that they were not only provided with a double set of papers, but sailed, besides, under British licenses.

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Danish Privateering: 1807-11 Translation of an extract of a letter from Peter Isaacsen to the President of the United States: August 11, 1809 By Tom Holmberg August 11, 1809 At a time at which nearly all the European Powers are engaged in war, and not the colors of a single nation are respected; at which privateering, molestation, and capturing have become as customary as they, in times of peace, were considered as against the laws of nations, an abhorred by all civilized States; at which commerce and navigation are everywhere interrupted, or, rather to say, destroyed; at such a time, it has happened, after the navigation of the United States of America was renewed, that several American merchant ships, bound from thence to the north of Europe, have been detained on their voyage by Norway privateers in the North Seas, and carried into the ports of Norway, where, at the present time, are already the number of twenty-six of such vessels, partly here at Christiansand, and partly in the neighboring harbors. Under these circumstances, the captains of those vessels, as well as the supercargoes, have found it expedient to choose a general commissioner, who was able to direct their business here, give them advice and assistance during their stay here, and, in the whole, who was able to fulfil all the functions of a consul. I am unanimously elected by them, being a merchant and Danish citizen at this place. Persuaded of the most perfect neutrality of the United States of America with all the belligerent Powers, and that its Government always has kept a friendly connexion and understanding with my sovereign, the King of Denmark, and his dominions; and under the supposition that American subjects neither can nor will permit themselves any actions contrary to the positive laws, and which are not consistent with the most perfect neutrality; in consequence of this, I found myself in duty bound not to deny them that assistance of which they stand so much in need, in a country where they were altogether strangers, and deprived of the disposal both of their vessels and cargoes. These motives have determined myself, for the first, to annex the functions of a consul and commissioner, which has enabled me, to my great satisfaction, to find that my expectations, with regard to the lawful business of the American subjects and the justice of their cases have not been entirely unfounded, and, in behalf of this, I do myself the honor to give the following submissive account. Twenty-six vessels have been brought in here, of which eighteen have already undergone trial. Of these, eight have been cleared, and ten have been condemned as lawful prizes, for reasons that, in the ship's papers, have been found suspicious circumstances, viz: The erasing or altering of the date in the sea-letter, the want of the signature of the Secretary of State in the sea-letter, and that they not altogether have been conformable with each other, &c. And further, it has been observed that, among the several ships' documents, has every where been wanting the charter-party ["A Charter Party is a written contract by which the owners or master lets the whole or part of their ship to a merchant for the transportation of goods on a particular voyage." Stein, Douglas L. American Maritime Documents, 1776-1860.], which, according to the regulations for privateers, are ordered to be found on board every neutral vessel, which want has occasioned that the court of prizes has awarded the privateers to the expenses of the captures. Those different sentences have produced the appeals to the High Court of Admiralty at Christiana, established there for the kingdom of Norway, either by the captains whose vessels have been condemned, or by the privateers against those vessels which have been liberated, which procedures will occasion further delay, expenses, and loss for the captured. I hope that the most, if not all, the cases appealed to the High Court of Admiralty, will be decided in favor of the American captains; in consequence of this, I have proposed to the Government, if the privateers who have appealed, being mostly but poor pilots and fishermen, ought not to be ordered to give security for the unnecessary delay, and loss, and damages derived from it, and which the American captains further might have to suffer; or, if this security was not given, then it might be permitted them immediately to proceed on their voyages; but I have received neither answer nor resolution thereupon. In the present situation of things exists, consequently, no remedy to lighten the burthen of the captains, or procure clearances for their ships and cargoes, but to wait for the success of the expected resolution upon my proposal, or for the event of the sentence of the High Court of Admiralty in appealed cases; in the mean time, I shall not fail to procure the cases of the captains pleaded, and in the whole observe their interest as well as possible. Permit me further to make the following observations: In the same manner as the treacherous behavior of England towards Denmark has occasioned the war between these two Powers, in the same manner has our Government considered privateering as one of the most useful means to hurt the enemy in his navigation and commerce. At the same time, it gives a material interest to the privateers themselves, especially in a period at which our own navigation and commerce lay at rest, and the mariners have no other means of getting their living; consequently, the privateers can in fact not be blamed to make use of their privileges and permission, by every opportunity, and I might dare to say that the capturing of neutral vessels, according to political principles, might be excused, having had several instances that vessels of such nations, which, conforming to the famous Berlin decree, ought not to sail for England, or to be in any commercial connexion with it, nevertheless have, by the help of fictitious and counterfeited papers, favored the commerce of that country, especially since the commencement of war between Denmark and England, and have made themselves the enemies of Denmark, by carrying those articles to England of which it stood in absolute want to keep up the war. It is therefore nearly adopted as a common principle, not to respect the colors of any nation on the ocean, under the supposition that as well the colors as the documents might be fictitious and false, and that the cargoes might be, direct or indirect, destined for the enemies of Denmark. This principle has been the more justified by having found, at the examination of several captured vessels, that they were not only provided with a double set of papers, but sailed, besides, under British licenses. [ Military Index \| Battles Index \| More on Danish Privateering ]

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