Danish Privateering: 1807-11

Danish Privateering: 1807-11

Mr. Erving, Minister of the United States at Copenhagen, to the Secretary of State: June 23, 1811

By Tom Holmberg

Communicated to Congress by the President's Message of November 5, 1811

Copenhagen, June 23, 1811

Sir:

Having had my audience of His Danish Majesty, on the 5^th inst., on the 6^th I addressed to Mr. De Rosenkrantz, Minister of State for Foreign Affairs, a note upon the subject of American cases, generally, then under adjudication by appeal before the High Court of Admiralty; and, on the 7^th, a separate note respecting the cases of capture under British convoy: copies of those two notes, (A and B,) and the lists to which they refer, I have the honor herewith to submit. In an interview which I had with the minister on the 8^th instant, in the course of conversation, he told me that, as the matter of both these notes was very important, and the later particularly required a great deal of consideration, he must have them perfectly translated into the Danish language, to be laid before the King; therefore I mist not expect very prompt replies; but, in the mean time, that he was sincerely desirous to doing, and would do, every thing in his power to forward our business towards a favorable termination. I suppose that the King is accustomed to declare his will in matters which he does not submit to, or chooses to take out of the ordinary course of proceedings.

Having now fully informed myself of the business entrusted to me, it is with very great satisfaction that I find myself authorized to state to you that the evils which our commerce has suffered here, though very considerable, yet have not been quite so extensive as has been generally believed; and you will learn also, with particular pleasure, that the depredations of the Danish privateers have been discontinued since my arrival. I have prepared lists and statements, with a view to place the whole matter before you in the most particular, and at the same time most distinct and simple form. These will be completed when I have received returns from Norway and from Holstein respecting the fate of some few of the cases which occurred in the year 1809; in the mean time I can state the results to be nearly thus:

Captures in 1809, 38; condemnations in 1809: 12.

Captures in Norway in the year 1810: 36; of which are pending in the high court, 8; and not one has been finally condemned.

Captures in Holstein, Sleswick, and the Danish islands, in 1810: 68; condemned, 22, pending, 6.

Convoy cases in the year 1810: 18; condemned, 8; pending, 10.

Total amount of captures in 1809 and 1810, 160; total amount of condemnations, 42; of which were vessels which had broken the embargo or non-intercourse, or are otherwise not genuine American cases, 16; pending cases, including 10 convoy cases, 24.

In this year the only two vessels which reached these seas from the United States previous to my arrival were taken (in the beginning of April) and condemned in Norway; two others, just about the time of my arrival, were carried in, and are now under trial there; but, since the 11^th instant upwards of forty vessels from the United States have passed through the Sound and gone up the Baltic, and more or less are every day passing without interruption. The papers of some few have been slightly examined in the subordinate court of Elsineur. There have been tried in the lower Prize Court of this place, and acquitted without delay, two or three; one of them with damages against the captors, being the first case in which damages have been given in Copenhagen. Finally, of the fourteen cases (not convoy cases) which were pending before the high court on my arrival, four have been acquitted. And though privateersmen, and all concerned with them, (and the ramifications of there business are immense,) have made every effort to bring in condemnations, yet the tribunal, otherwise perhaps well disposed to proceed, has been steadily held back by the Government, and I see the best reason to hope that at least eight of the remaining ten cases will be acquitted. As to the convoy cases, my confidence is not so strong, yet even of them I do not despair. The ground on which they stand, I am aware, is not perfectly solid, yet I did not feel myself authorized to abandon them, and therefore have taken up an argument which may be difficult, but which I shall go as far as possible in maintaining.

I have had several interviews with Mr. De Rosenkrantz subsequent to that last mentioned, I have acquired additional reasons to hope for the King's perseverance in the change of system which has so happily taken place; but he discourages any expectation of indemnification for the injuries sustained by our commerce under that which now appears to be relinquished. Yesterday he told me very explicitly that against the definitive decisions of the high court I must not hope for any redress. He trusted that for the future we should not have any cause to complain, but for the past there was no redress. I thought it not opportune to enter much into the matter at that time, and therefore contended myself with some general protestations against his doctrines.

I cannot close this letter without acknowledging the very great services of MR. Isaacksen, our consul at Christiansand. You will observe, sir, in the lists which I shall send to you, that, of thirty-six vessels carried into the ports of Norway in the year 1810, only four were condemned in the inferior courts of that district. This has been wholly owing to the unwearied exertions of Mr. Isaacksen. He found our people in the most distressed situation, entirely friendless in the hands of, surrounded by, and ready to be sacrificed to, the rapacity of the privateersmen and their connexions. He volunteered in their service; he boldly opposed himself to the host of their oppressors; he made each man's cause his own; he provided for every man's wants; in short, his intrepidity and independence, and disinterestedness of character, his constant zeal and industry, saved them from ruin; and with gratitude, very honorable to themselves, they never ceased to praise him.

With entire respect and consideration, sir, your most obedient servant.

GEORGE W. ERVING

To the Secretary of State.

[Referred to in Mr. Erving's despatch of June 23.]

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Danish Privateering: 1807-11 Mr. Erving, Minister of the United States at Copenhagen, to the Secretary of State: June 23, 1811 By Tom Holmberg Communicated to Congress by the President's Message of November 5, 1811 Copenhagen, June 23, 1811 Sir: Having had my audience of His Danish Majesty, on the 5^th inst., on the 6^th I addressed to Mr. De Rosenkrantz, Minister of State for Foreign Affairs, a note upon the subject of American cases, generally, then under adjudication by appeal before the High Court of Admiralty; and, on the 7^th, a separate note respecting the cases of capture under British convoy: copies of those two notes, (A and B,) and the lists to which they refer, I have the honor herewith to submit. In an interview which I had with the minister on the 8^th instant, in the course of conversation, he told me that, as the matter of both these notes was very important, and the later particularly required a great deal of consideration, he must have them perfectly translated into the Danish language, to be laid before the King; therefore I mist not expect very prompt replies; but, in the mean time, that he was sincerely desirous to doing, and would do, every thing in his power to forward our business towards a favorable termination. I suppose that the King is accustomed to declare his will in matters which he does not submit to, or chooses to take out of the ordinary course of proceedings. Having now fully informed myself of the business entrusted to me, it is with very great satisfaction that I find myself authorized to state to you that the evils which our commerce has suffered here, though very considerable, yet have not been quite so extensive as has been generally believed; and you will learn also, with particular pleasure, that the depredations of the Danish privateers have been discontinued since my arrival. I have prepared lists and statements, with a view to place the whole matter before you in the most particular, and at the same time most distinct and simple form. These will be completed when I have received returns from Norway and from Holstein respecting the fate of some few of the cases which occurred in the year 1809; in the mean time I can state the results to be nearly thus: Captures in 1809, 38; condemnations in 1809: 12. Captures in Norway in the year 1810: 36; of which are pending in the high court, 8; and not one has been finally condemned. Captures in Holstein, Sleswick, and the Danish islands, in 1810: 68; condemned, 22, pending, 6. Convoy cases in the year 1810: 18; condemned, 8; pending, 10. Total amount of captures in 1809 and 1810, 160; total amount of condemnations, 42; of which were vessels which had broken the embargo or non-intercourse, or are otherwise not genuine American cases, 16; pending cases, including 10 convoy cases, 24. In this year the only two vessels which reached these seas from the United States previous to my arrival were taken (in the beginning of April) and condemned in Norway; two others, just about the time of my arrival, were carried in, and are now under trial there; but, since the 11^th instant upwards of forty vessels from the United States have passed through the Sound and gone up the Baltic, and more or less are every day passing without interruption. The papers of some few have been slightly examined in the subordinate court of Elsineur. There have been tried in the lower Prize Court of this place, and acquitted without delay, two or three; one of them with damages against the captors, being the first case in which damages have been given in Copenhagen. Finally, of the fourteen cases (not convoy cases) which were pending before the high court on my arrival, four have been acquitted. And though privateersmen, and all concerned with them, (and the ramifications of there business are immense,) have made every effort to bring in condemnations, yet the tribunal, otherwise perhaps well disposed to proceed, has been steadily held back by the Government, and I see the best reason to hope that at least eight of the remaining ten cases will be acquitted. As to the convoy cases, my confidence is not so strong, yet even of them I do not despair. The ground on which they stand, I am aware, is not perfectly solid, yet I did not feel myself authorized to abandon them, and therefore have taken up an argument which may be difficult, but which I shall go as far as possible in maintaining. I have had several interviews with Mr. De Rosenkrantz subsequent to that last mentioned, I have acquired additional reasons to hope for the King's perseverance in the change of system which has so happily taken place; but he discourages any expectation of indemnification for the injuries sustained by our commerce under that which now appears to be relinquished. Yesterday he told me very explicitly that against the definitive decisions of the high court I must not hope for any redress. He trusted that for the future we should not have any cause to complain, but for the past there was no redress. I thought it not opportune to enter much into the matter at that time, and therefore contended myself with some general protestations against his doctrines. I cannot close this letter without acknowledging the very great services of MR. Isaacksen, our consul at Christiansand. You will observe, sir, in the lists which I shall send to you, that, of thirty-six vessels carried into the ports of Norway in the year 1810, only four were condemned in the inferior courts of that district. This has been wholly owing to the unwearied exertions of Mr. Isaacksen. He found our people in the most distressed situation, entirely friendless in the hands of, surrounded by, and ready to be sacrificed to, the rapacity of the privateersmen and their connexions. He volunteered in their service; he boldly opposed himself to the host of their oppressors; he made each man's cause his own; he provided for every man's wants; in short, his intrepidity and independence, and disinterestedness of character, his constant zeal and industry, saved them from ruin; and with gratitude, very honorable to themselves, they never ceased to praise him. With entire respect and consideration, sir, your most obedient servant. GEORGE W. ERVING To the Secretary of State. [Referred to in Mr. Erving's despatch of June 23.] [ Military Index \| Battles Index \| More on Danish Privateering ]

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