Danish Privateering: 1807-11

Danish Privateering: 1807-11

Mr. Erving, Minister of the United States at Copenhagen, to Mr. De Rosenkrantz: June 6, 1811

By Tom Holmberg

Copenhagen, June 6, 1811.

Sir:

It was under the fullest conviction and strongest sense of the injustice which has prevailed in the sentences of the Danish tribunals on cases of American captures as well as an anxiety immediately to arrest the course of those excesses on the part of the privateers too much countenanced by such decisions, which are laying waste the property of American citizens, that I ventured on the 31^st ultimo, and on the 2^nd instant, to request that the proceedings of the tribunals should be suspended, until, having had the honor of presenting my credentials to His Majesty, I should be enabled to enter into regular communication with your excellency.

In this first formal address to you upon the subject of the reclamations with which I am charged, it is incumbent upon me to express the extreme surprise and concern with which my Government has seen the property of its innocent citizens, whilst employed in fair and legal commerce, ravaged by the cruisers of a nation, between which and the United States the most perfect harmony has always hitherto subsisted; against which they have never heretofore found any cause of dispute, or any ground of offence; and to which they felt themselves attached, not merely by the ordinary ties of reciprocal good offices, but by a common interest in the defence and preservation of those neutral rights which have so much contributed to the political importance of Denmark; by which her prosperity has been so greatly promoted, and which formerly, foremost among nations, she has so magnanimously and successfully contended for. But at the same time that I make this reflection, so necessary and so obvious, I must also say that the President retains an entire confidence in the personal good dispositions of His Majesty, in his steady adherence to those great and liberal principles, and to those just political views which so eminently distinguish his character; and the President assures himself that it is only necessary that His Majesty should be made acquainted with the nature and extent of the injuries which the United States as a neutral nation, and the property of their citizens, have suffered, and are still exposed to, to induce him to apply an immediate and an adequate remedy to the evils complained of. His Majesty, on his part, cannot fail to feel that confidence in the correct views and honorable intentions of the United States, which their uniform conduct in all their negotiations and transactions with other Powers has so justly entitled them to; nor can he be indifferent when the friend relations and mutual good dispositions which have hitherto so invariably subsisted between the two countries, and which it is so much the interest of each to maintain, are in question.

Animated by the most just and friendly dispositions, the American Government, whilst it resists all aggressions on its neutral rights, and will never cease to oppose all violations of the public law which may offend them, solicitously avoids any interference with the rights of others; nor will it admit, under cover of its name and authority, any practices which may have that tendency; it has therefore seen, with the most indignant sensibility, various instances of the prostitution of its flag by unprincipled adventurers in Europe; and I have it in express command to assure His Majesty of its determination to discountenance, by all practicable means, such proceedings, and of its sincere disposition to co-operate with His Majesty in detecting and punishing all similar frauds and impostures.

Your excellency will perceive, in the frankness of these observations, and in the loyalty of this declaration, the true character of the American Government; they will also, I trust, strengthen my title to that confidence on the part of His Majesty, which it is at once my duty and my desire to merit.

To carry into effect this twofold purpose of my Government, to protect the property of its citizens, and to cast off from any reliance on its protection those spurious and fraudulent causes (if any such actually exist) which have injured the character of the American trade, and jeopardized the interests of American citizens, I will enter into candid explanations with tour excellency upon all the questions which arise on the cases now pending, so as to establish the bona fide character of the vessels under adjudication, and thus remove from before His Majesty every obstacle to that course of justice which he is always desirous to observe, and thus remove from before His Majesty every obstacle to that course of justice which he is always desirous to observe, and to a manifestation of the amicable and conciliatory feelings towards the United States, which it is confided prevail in his mind.

I have the honor herewith to transmit to your excellency two lists, containing, together, twenty-eight cases of American capture, being those now actually pending before the Supreme Court of Admiralty, on appeal, or waiting for His Majesty's decision. The list No. 1, comprising twelve of the whole number, are "convoy cases"—that is, cases in which no question has been raised as to the genuine character of the vessels, but wherein the decision rests upon the clause "D," of he eleventh article of the royal instructions of March 10, 1810, declaring as a cause of condemnation, "the making use of English convoy." I stated to your excellency, in conversation, as well as in the note which I took the liberty of addressing to you on the 2^nd instant, that it would be my duty to object to the principle assumed in that declaration. I trust that I shall be able to show to you that it is entirely novel; that it has not any foundation in public law; and that it has not even such sanction as might be supposed derivable from the practice of other nations. Certainly much effort will not be necessary to prove that it is entirely repugnant to the broad ground of neutral right formerly occupied and firmly maintained by Denmark herself. But upon this point I propose forthwith to address to your excellency a separate note; in the present I will confine myself to observations on the cases (sixteen in number) mentioned in the list No. 2.

With respect to the "Egeria," Captain Law, I send to your excellency a separate note, in reply to that with which you honored me on the 2^nd instant. That case must now stand so perfectly clear that I am sure I need not trouble you with any additional remark on it.

In the two cases, viz: the "Nimrod" and "Richmond," the sole objection made is to the French certificates or origin which they had on board. These are presumed to be forgeries, upon a supposition that at the time they bear date the French consuls in the United States had ceased to issue such certificates. Now the cases must be relieved from that objection, and the question which has been raised upon French certificates of origin be put at rest forever, by the facts which appear in the correspondence between the Secretary of State of the United States and General Turreau, the French minister; a copy of which I have herewith the honor to enclose, (No. 3.) Your execellency will observe that, in General Turreau's letter of December 12, replying to the Secretary's letter of November 28, it is expressly and unequivocally stated that the French consuls in America "had always delivered certificates of origin to American vessels for the ports of France," and had also "delivered them to vessels destined to neutral or allied ports," by the authority of the French Government; and that it was only by the United States' ship "Hornet," which arrived in America on the 13^th November, 1810, that the French consuls received orders to discontinue the granting of such certificates to vessels bound to other ports than those of France. Your excellency will also perceive, in the Secretary of State's reply of December 18, how important this explanation was deemed by the President, in its application to the vessels of the United States taken by Danish cruisers, upon the ground of their having on board such certificates.

Of the thirteen remaining cases in the list No. 2, eight have been acquitted in the subordinate courts of Norway and at Flensborg, and are now depending in the high court, on the appeals of captors; and five have been condemned in the subordinate courts, and are depending in the high courts on the appeals of the American masters.

I annex to this note a summary of each class, (A and B,) showing the nature of the questions and objections which have arisen upon the several cases; and I do confide that, if your excellency will be pleased to lay it before the King, His Majesty will become immediately sensible to the undue proceedings of his tribunals, and will readily apply his royal authority to administer prompt and efficacious redress for the injuries and vexations which the commerce of the United States and its citizens are suffering.

I can only add, that, in all cases where any doubt shall arise respecting the authenticity of American documents, I have it fully in my power to establish the truth. And I beg leave to reassure your excellency, that on this point, as on every other, you shall not experience any proceedings on my part which will not conform to the strict honor and good faith, to the just and liberal sentiments which characterize, and to the friendly and conciliatory dispositions towards His Majesty, which influence the Government which I have the honor to represent.

I offer to your excellency assurances of the very distinguished respect and consideration with which I am always your excellency's most obedient servant,

GEORGE W. ERVING.

To Mr. De Rosenkrantz, &c. &c.

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Danish Privateering: 1807-11 Mr. Erving, Minister of the United States at Copenhagen, to Mr. De Rosenkrantz: June 6, 1811 By Tom Holmberg Copenhagen, June 6, 1811. Sir: It was under the fullest conviction and strongest sense of the injustice which has prevailed in the sentences of the Danish tribunals on cases of American captures as well as an anxiety immediately to arrest the course of those excesses on the part of the privateers too much countenanced by such decisions, which are laying waste the property of American citizens, that I ventured on the 31^st ultimo, and on the 2^nd instant, to request that the proceedings of the tribunals should be suspended, until, having had the honor of presenting my credentials to His Majesty, I should be enabled to enter into regular communication with your excellency. In this first formal address to you upon the subject of the reclamations with which I am charged, it is incumbent upon me to express the extreme surprise and concern with which my Government has seen the property of its innocent citizens, whilst employed in fair and legal commerce, ravaged by the cruisers of a nation, between which and the United States the most perfect harmony has always hitherto subsisted; against which they have never heretofore found any cause of dispute, or any ground of offence; and to which they felt themselves attached, not merely by the ordinary ties of reciprocal good offices, but by a common interest in the defence and preservation of those neutral rights which have so much contributed to the political importance of Denmark; by which her prosperity has been so greatly promoted, and which formerly, foremost among nations, she has so magnanimously and successfully contended for. But at the same time that I make this reflection, so necessary and so obvious, I must also say that the President retains an entire confidence in the personal good dispositions of His Majesty, in his steady adherence to those great and liberal principles, and to those just political views which so eminently distinguish his character; and the President assures himself that it is only necessary that His Majesty should be made acquainted with the nature and extent of the injuries which the United States as a neutral nation, and the property of their citizens, have suffered, and are still exposed to, to induce him to apply an immediate and an adequate remedy to the evils complained of. His Majesty, on his part, cannot fail to feel that confidence in the correct views and honorable intentions of the United States, which their uniform conduct in all their negotiations and transactions with other Powers has so justly entitled them to; nor can he be indifferent when the friend relations and mutual good dispositions which have hitherto so invariably subsisted between the two countries, and which it is so much the interest of each to maintain, are in question. Animated by the most just and friendly dispositions, the American Government, whilst it resists all aggressions on its neutral rights, and will never cease to oppose all violations of the public law which may offend them, solicitously avoids any interference with the rights of others; nor will it admit, under cover of its name and authority, any practices which may have that tendency; it has therefore seen, with the most indignant sensibility, various instances of the prostitution of its flag by unprincipled adventurers in Europe; and I have it in express command to assure His Majesty of its determination to discountenance, by all practicable means, such proceedings, and of its sincere disposition to co-operate with His Majesty in detecting and punishing all similar frauds and impostures. Your excellency will perceive, in the frankness of these observations, and in the loyalty of this declaration, the true character of the American Government; they will also, I trust, strengthen my title to that confidence on the part of His Majesty, which it is at once my duty and my desire to merit. To carry into effect this twofold purpose of my Government, to protect the property of its citizens, and to cast off from any reliance on its protection those spurious and fraudulent causes (if any such actually exist) which have injured the character of the American trade, and jeopardized the interests of American citizens, I will enter into candid explanations with tour excellency upon all the questions which arise on the cases now pending, so as to establish the bona fide character of the vessels under adjudication, and thus remove from before His Majesty every obstacle to that course of justice which he is always desirous to observe, and thus remove from before His Majesty every obstacle to that course of justice which he is always desirous to observe, and to a manifestation of the amicable and conciliatory feelings towards the United States, which it is confided prevail in his mind. I have the honor herewith to transmit to your excellency two lists, containing, together, twenty-eight cases of American capture, being those now actually pending before the Supreme Court of Admiralty, on appeal, or waiting for His Majesty's decision. The list No. 1, comprising twelve of the whole number, are "convoy cases"—that is, cases in which no question has been raised as to the genuine character of the vessels, but wherein the decision rests upon the clause "D," of he eleventh article of the royal instructions of March 10, 1810, declaring as a cause of condemnation, "the making use of English convoy." I stated to your excellency, in conversation, as well as in the note which I took the liberty of addressing to you on the 2^nd instant, that it would be my duty to object to the principle assumed in that declaration. I trust that I shall be able to show to you that it is entirely novel; that it has not any foundation in public law; and that it has not even such sanction as might be supposed derivable from the practice of other nations. Certainly much effort will not be necessary to prove that it is entirely repugnant to the broad ground of neutral right formerly occupied and firmly maintained by Denmark herself. But upon this point I propose forthwith to address to your excellency a separate note; in the present I will confine myself to observations on the cases (sixteen in number) mentioned in the list No. 2. With respect to the "Egeria," Captain Law, I send to your excellency a separate note, in reply to that with which you honored me on the 2^nd instant. That case must now stand so perfectly clear that I am sure I need not trouble you with any additional remark on it. In the two cases, viz: the "Nimrod" and "Richmond," the sole objection made is to the French certificates or origin which they had on board. These are presumed to be forgeries, upon a supposition that at the time they bear date the French consuls in the United States had ceased to issue such certificates. Now the cases must be relieved from that objection, and the question which has been raised upon French certificates of origin be put at rest forever, by the facts which appear in the correspondence between the Secretary of State of the United States and General Turreau, the French minister; a copy of which I have herewith the honor to enclose, (No. 3.) Your execellency will observe that, in General Turreau's letter of December 12, replying to the Secretary's letter of November 28, it is expressly and unequivocally stated that the French consuls in America "had always delivered certificates of origin to American vessels for the ports of France," and had also "delivered them to vessels destined to neutral or allied ports," by the authority of the French Government; and that it was only by the United States' ship "Hornet," which arrived in America on the 13^th November, 1810, that the French consuls received orders to discontinue the granting of such certificates to vessels bound to other ports than those of France. Your excellency will also perceive, in the Secretary of State's reply of December 18, how important this explanation was deemed by the President, in its application to the vessels of the United States taken by Danish cruisers, upon the ground of their having on board such certificates. Of the thirteen remaining cases in the list No. 2, eight have been acquitted in the subordinate courts of Norway and at Flensborg, and are now depending in the high court, on the appeals of captors; and five have been condemned in the subordinate courts, and are depending in the high courts on the appeals of the American masters. I annex to this note a summary of each class, (A and B,) showing the nature of the questions and objections which have arisen upon the several cases; and I do confide that, if your excellency will be pleased to lay it before the King, His Majesty will become immediately sensible to the undue proceedings of his tribunals, and will readily apply his royal authority to administer prompt and efficacious redress for the injuries and vexations which the commerce of the United States and its citizens are suffering. I can only add, that, in all cases where any doubt shall arise respecting the authenticity of American documents, I have it fully in my power to establish the truth. And I beg leave to reassure your excellency, that on this point, as on every other, you shall not experience any proceedings on my part which will not conform to the strict honor and good faith, to the just and liberal sentiments which characterize, and to the friendly and conciliatory dispositions towards His Majesty, which influence the Government which I have the honor to represent. I offer to your excellency assurances of the very distinguished respect and consideration with which I am always your excellency's most obedient servant, GEORGE W. ERVING. To Mr. De Rosenkrantz, &c. &c. [ Military Index \| Battles Index \| More on Danish Privateering ]

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