Part 33

IV. "The said Colleges of the Admiralty may not adjudge these rewards, until after the Captain, Lieutenant, and Pilot of the privateer, as well as those who shall have freighted her, their book-keepers, and others authorised, shall have declared by a solemn oath, that the vessel of war, or privateer, of which they have made themselves masters, has been duly taken without any collusion directly or indirectly with the English, or with any other known to them. In case the freighters, who claim the adjudication of prizes and bounties, are out of the country, absent, or hindered by some other obstacle, it shall suffice, that the book-keepers, or some other authorised, take the oath, but so far as it is of his knowledge for himself, and for his freighters, conformably to the special procuration, which he shall have for this effect; the freighters nevertheless shall be obliged to take an oath beforehand before the magistrate of their residence, or before other persons competent, whose testimonies they shall send.

V. "And for the better encouragement of the said ships, which shall have armed as privateers, we ordain, that those who shall have been wounded in a combat with the English ship, shall be maintained at the expense of the State, without its costing anything to the proprietors of the privateers, or those who shall be on board. We ordain also, that those who shall be maimed in fighting an English ship, shall be gratified on the part of the State, and without its costing anything to the freighters, with the moiety of the recompense granted by the Republic to those who serve on board vessels of war; they shall not, however, have a right but to those rewards which are given once, and not to those which shall be granted weekly, or monthly, or otherwise. As to what respects the maintenance of the wounded, the account of it shall be presented to the competent College of the Admiralty, to be there examined and duly regulated, so that the maimed, to the end that they may enjoy the moiety of the recompense proposed, may procure themselves an act of the said College of the Admiralty, after having furnished it the necessary proofs.

VI. "For the encouragement of the ships of war, as well as the merchant vessels, which may be provided with commissions to make use of, in case of need, to cause to the English ships all the prejudice possible, we intend that the English ship of which they may make themselves masters, of what nature or denomination soever it may be, shall be given them entire, the tenth for the Admiral excepted, without pretending, however, to any further recompense.

VII. "If it should happen, that our privateers, merchant vessels, or others armed for a cruise at the expense of individuals of this country, should retake any vessels or effects belonging to the subjects of the State, and that such recapture shall be made in the space of fortyeight hours after they shall have been in the hands of the enemy, they shall enjoy in that case one fifth of the just value of the vessels or effects, which they shall have delivered; but if the recapture shall be made in the space of four days after the vessel shall have been in the hands of the English, they shall have one third of the said value; and if the recapture shall be made after four days, they shall have the moiety of it, without having any further regard to the greater or lesser time, that the said vessels or effects retaken shall have been in the hands of the English, after the expiration of the four days.

VIII. "The adjudication of any one of the said recompenses, as well as the acts of the respective Colleges of the Admiralty in favor of the maimed or wounded, being shown to the Receiver-General of the duties of entry and clearance, to receive the appointed recompense, the payment of it shall be promptly made by the said Receiver-General at the Hague, or in the place of the College of Admiralty, in which the sentence or the taxation shall have been pronounced, as it shall be most convenient for the said Receiver-General.

IX. "Which Receiver-General shall be provided with sufficient sums of money to satisfy the said payments, and he shall always take care, that after having paid some bounties, he has always wherewith to satisfy promptly those which may be demanded of him in the sequel, either by the second moiety of the duties of Last and Vielgeld, or by negotiating successively the sums which he shall have occasion for, for a supply.

X. "In all cases, the privateer, who shall have taken or destroyed any English vessel, ought to take care to give without delay, and as soon as he arrives, notice to the said Receiver-General of the value of the bounties, which he has a right to claim, to the end that the said Receiver-General may be in a condition to make prompt payment.

XI. "And in all the respective Colleges of Admiralty, where the case shall be brought, they shall take care to render prompt sentences, even by postponing to other times the other affairs which may be before them.

XII. "And in case an appeal or revision should be demanded, and by this means the sentences of the said Colleges shall be annulled, we have desired that in this case, the recompenses assigned by the sentences of the Admiralty should be delivered to the said privateers, so that the demand of revision may not suspend or hinder the payment; we mean at the same time, that the sureties, which the ships going to cruise ought to furnish, shall be obliged in that case to augment the surety, and to promise a prompt restitution of what shall have been paid to the said privateers in consequence of sentences of the Admiralty, in case that these sentences shall be reversed in the revision, and the privateers denied their demand. And to be the more sure that the sums delivered in such cases be restored, we have declared, and do declare by these presents, that the vessels and all which belongs to them, with which the said prizes shall have been made, shall be held judicially to make restitution of the bounties received; and that the said juridical obligation shall commence from the day that the said privateers shall have received their commissions, and shall go upon a cruise.

XIII. "And this placard shall have its effects from the day of this publication; and that nobody may pretend ignorance, we request and demand the Lords, the States, the Stadtholder, the Counsellors, Committees, and the Deputies of the States of the respective Provinces of Guelderland, and the Earldom of Zutphen, of Holland, and West Friesland, of Zealand, of Utrecht, of Friesland, of Overyssel, and of Groningen and Ommelanden, and all other members and officers of justice, that they announce, publish, and post up this ordinance immediately, in all the places of this country, where it is customary to make such annunciations, publications, and postings; we charge and enjoin moreover, the Counsellors of the Admiralty, the Advocates of the Treasury, Secretaries-General of Convoys, and Licensers, Receivers, Masters of Convoys, Controllers, and Searchers, and at the same time the Receiver-General of the augmentation of the duty of Last and Vielgeld, and to all others to whom it belongs, to govern themselves exactly according to the tenor of these presents."

Their High Mightinesses have also published the following.

"The States-General of the United Provinces to all those who shall see, hear, or read these presents. Greeting. We make known, that to the end to encourage the loyal inhabitants of this State, we have thought proper by the present publication, to notify to all and every one, and to assure them that all those who, employed in the service of the Republic, in the war at sea, may be maimed in such a manner as to become incapable of gaining their livelihood by labor, and shall desire to be assisted by a sum of money, payable once for all, shall receive in proportion to the importance of their wounds, that which follows.

1. "For the loss of two eyes, fifteen hundred florins; for the loss of one eye, three hundred and fifty florins; as to other accidents, which may happen under the case mentioned, gratifications shall be given according to the good pleasure of the respective Colleges of the Admiralty.

2. "For the loss of two arms, fifteen hundred florins; for the loss of the right arm, four hundred and fifty florins; for that of the left arm, three hundred and fifty florins; and for other accidents and wounds in these members, at the discretion of the Colleges of the Admiralty, upon which each one depends.

3. "For the loss of two hands, twelve hundred florins; for the loss of the right hand, three hundred and fifty florins; for that of the left hand, three hundred and fifty florins; as to lesser accidents, valuable at sums less considerable, at the discretion aforementioned.

4. "For the loss of two legs, seven hundred florins; for the loss of one leg, three hundred and fifty florins; for accidents less serious, the gratification shall be fixed by the Colleges of the Admiralty.

5. "For the loss of two feet, four hundred and fifty florins; for that of one foot, two hundred florins; and for smaller wounds, at the discretion of the respective Colleges.

6. "Moreover, all those who in the service of the Republic shall be maimed to such a degree as to be no longer able to gain a living by labor, nor to provide in any manner for their subsistence, shall receive during their lives, one ducatoon a week; and all other wounds or mutilations less considerable shall be paid in proportion."

I have the honor to be, &c.

JOHN ADAMS.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Amsterdam, February 1st, 1781.

Sir,

One of the most brilliant events, which has yet been produced by the American Revolution, is the following Treaty of Marine, concluded at Copenhagen, the 28th of June, 1780, old style, between her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, for the maintenance of neutral mercantile navigation, and in which his Majesty, the King of Sweden, as well as their High Mightinesses, the States-General of the United Provinces, have taken part and acceded, and which has been signed respectively, at St Petersburg, the 21st of July, 1780, and the 5th of January, 1781.

TREATY OF MARINE BETWEEN RUSSIA AND DENMARK.

"As by the war by sea, which has actually broken out between Great Britain, on one side, and France and Spain on the other, the commerce and the navigation of neutral powers suffer considerable damages, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, in consequence of their assiduous attention to unite their proper dignities, and their cares for the safety and the well being of their subjects, from the regard which they have so often testified for the rights of nations in general, have found it necessary, in the present circumstances, to determine their conduct according to those sentiments.

"Her Majesty, the Empress of Russia has, by her declaration, dated the 28th of February, 1780, to the belligerent powers, exposed to light, in the face of all Europe, the fundamental principles, which spring from the original law of nations, which she claims, and which she adopts as a rule of her conduct in the present war. As this attention of the Empress, to watch over the reciprocal rights of nations, has united the suffrages of all the neutral powers, so she has engaged herself in it, as an affair, which concerns the most essential of her interests, and she has carried it to that length, that we may seriously consider it as a subject worthy of the times present and to come, considering that it is to bring into one system, and establish permanently, the rights, prerogatives, and engagements of neutrality.

"His Majesty, the King of Denmark and of Norway, convinced of these principles, has likewise established and demanded them in the declaration of the 8th of July, 1780, which he has caused to be presented, as well as that of Russia, to the belligerent powers; and to give them support, he has caused to be equipped a part of his fleet. From hence has arisen the harmony and unanimity, with which her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, have judged necessary, by a reciprocal friendship and confidence, and conformably to the interests of their subjects, to confirm these common engagements, to be concluded by a formal convention. In this view, their said Imperial and Royal Majesties have chosen and named for their Plenipotentiaries, viz. her Majesty, the Empress of Russia, M. Charles Van Osten, named Saken, present Counsellor of State, Knight of the Order of St Anne, Minister Plenipotentiary of her said Majesty to the Court of Denmark, &c. &c.; and his Majesty, the King of Denmark and of Norway, M. Otton, Count de Thott, Privy Counsellor, Knight of the Order of the Elephant, &c.; M. Joachim Otton de Schack-Reventlaw, Privy Counsellor, Knight of the Order of the Elephant, &c.; M. Jean Henri d'Eichstedt, Privy Counsellor, Governor of his Royal Highness, the Hereditary Prince, Knight of the Order of the Elephant, &c.; and M. André Pierre, Count de Bernstorff, Privy Counsellor, Secretary of State of the Department of Foreign Affairs, Director of the Royal German Chancery, and Knight of the Order of the Elephant, &c.; who, after having exchanged their full powers, which are found in good and due form, have agreed and resolved upon the Articles following.

"ARTICLE I. That their said Majesties have sincerely resolved to maintain constantly the most perfect friendship and concord with the powers actually engaged in the war, and to observe the most scrupulous neutrality; that they declare, in consequence, to hold themselves exactly to this, that the prohibition to carry on commerce of contraband with the powers actually at war, or with those, who may in the sequel be engaged in it, shall be strictly observed by their subjects.

"ART. II. To avoid all error and misunderstanding concerning the subject of the name of contraband, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and Norway declare, that they acknowledge only as effects of contraband, those which are comprehended in the treaties subsisting between the said Courts, and one or the other of the belligerent powers.

"Her Majesty, the Empress of Russia, conforms herself entirely to the tenth and eleventh articles of her treaty of commerce with Great Britain, and extends also the engagements of this treaty, which are entirely founded upon natural law, to the Crowns of France and Spain, which at the date of the present convention, have no treaty of commerce with her empire. His Majesty, the King of Denmark and Norway conforms himself, on his part, principally to the second article of his treaty of commerce with Great Britain, and to the twentysixth and twentyseventh articles of his treaty of commerce with France, and extends also the engagements of this latter to Spain, considering that he has not with this last Crown any treaty, which determines any conditions upon this subject.

"ART. III. As by this means the contraband is determined and fixed, conformably to special treaties and conventions subsisting between the high contracting parties and the belligerent powers, and principally in the treaty between Russia and Great Britain, of the 20th of June, 1766, as well as by that between Denmark and Great Britain, dated the 11th of July, 1670, and by that concluded between Denmark and France, the 23d of August, 1742, the will and intention of her Russian Imperial Majesty, and his Majesty the King of Denmark and Norway are, that all other commerce shall be, and remain free.

"Already their Majesties, in their declarations presented to the belligerent powers, have grounded themselves upon the general principles of the law of nature, from whence are derived the liberty of commerce and of navigation, the rights of neutral nations, and have resolved to depend no longer upon the arbitrary interpretations, that partial advantages and momentary interests may dictate. In this view, they have agreed upon the following articles.

"1. That it shall be lawful for every vessel to navigate from one port to another, and upon the coasts of the belligerent powers.

"2. That the effects belonging to the subjects of the belligerent powers shall be free upon neutral vessels, except merchandises of contraband.

"3. That to determine what ought to be held a port blocked, that alone can be considered as such, in which the vessels, which would enter, shall be exposed to an evident danger, by the force, which with this view attacks it, and by its vessels, which shall have taken a station sufficiently near.

"4. That neutral vessels may only be stopped for just causes, and upon evident proofs; that, without loss of time, right shall be done them, and the procedures shall be always uniform, prompt, and according to the laws; and that every time, besides reparation to those who shall have suffered without cause, there shall be also given a complete satisfaction for the insult committed against the flags of their Majesties.

"ART. IV. To the end to protect the general commerce of their subjects, supported by the fundamental rules above laid down, her Majesty, the Empress of all the Russias, and his Majesty, the King of Denmark and Norway, have thought fit, each one in particular, in order to obtain these ends, to equip a proportional number of vessels of war and frigates. The squadron of each one of these respective powers shall be stationed in a certain latitude, and shall be employed in convoys, according to the exigence of the case, in which the commerce and the navigation of each nation may be.

"ART. V. If the merchant ships of one of the contracting powers shall be in a part of the sea where the ships of war of their own nation are not stationed, and, for this reason, cannot enjoy their protection; in that case, the commander of the vessels of war of the other power, being thereto required, shall grant them, with good faith and sincerity, the necessary assistance; and in this case, the vessels of war and frigates of one of the two powers, shall protect and support the merchant vessels of the other; provided, nevertheless, that, under the shelter of the protection demanded, there be not exercised any prohibited commerce, contrary to the laws adopted by the neutrality.

"ART. VI. The present convention cannot be retroactive, and, by consequence, we cannot take part in differences, which have arisen before its conclusion; at least, if these affairs do not concern the violences which continue still, and which tend to oppress all the neutral nations of Europe.

"ART. VII. If, in spite of the vigilant and friendly care of the two powers, and the exact observation of the neutrality on their part, the Russian or Danish merchant vessels are insulted, or taken by the vessels of war, or privateers, of one or the other of the belligerent powers, in that case, the Minister of the party offended shall make representations to the Court, whose vessels of war or privateers shall have been guilty of this act, shall demand the restoration of the vessel taken, and shall insist upon a suitable reparation, without ever losing sight of the satisfaction for the insult done to the flag. The Minister of the other contracting party shall second efficaciously and seriously these representations, and shall thus continue them conjointly and unanimously; but if they refuse, or put off from time to time to do right, touching such grievances, in this case, their Majesties shall make reprisals against the power which refuses to do them right, and shall unite themselves forthwith, in the most efficacious measures for this just reprisal.

"ART. VIII. If one or the other of the contracting powers, or both together, in virtue of this convention, or any other which may be made, which may have relation to it, are disturbed, molested, or attacked, it is agreed that the two powers shall act in concert, to defend themselves reciprocally, and to procure themselves, by united efforts, an entire and satisfactory reparation, both for the insult done to the flag, and for the loss caused to their subjects.

"ART. IX. This Convention is resolved and fixed for all the time that the present war shall continue, and shall serve as the basis of all the engagements which may be contracted in the sequel, according to the circumstances of the times, and upon occasion of new wars at sea, which may unfortunately trouble the repose of Europe; besides, these conditions shall be regarded as subsisting, and shall have a legal validity in the affairs both of commerce and navigation, and in the determination of the rights of neutral nations.

"ART. X. As the end and the principal motive of this Convention is, to assure the general liberty of commerce and of navigation, her Majesty, the Empress of Russia, and his Majesty, the King of Denmark and of Norway, agree and engage beforehand, to permit that other neutral powers accede to this convention, and by taking cognizance of these principles, to partake also of the obligations and advantages of the said convention.

"ART. XI. To the end that the belligerent powers may not pretend a cause of ignorance of these said engagements between the said Courts, the high contracting parties will communicate in a manner the most friendly to all the belligerent powers these maxims, in which they have united, which measures are so much the less hostile, as they are not hurtful to any other power; but have solely for their object the safety of the commerce and of the navigation of their respective subjects.

"ART. XII. The present Convention shall be ratified by the two contracting parties, and the ratifications shall be exchanged in good form in the term of six weeks, to be computed from the signatures, or even sooner; if it may be. In faith of which we have, in virtue of our full powers, signed the present, and, sealed it with our seals. Done at Copenhagen, the nineteenth of July, 1780.

CHARLES VAN OSTEN, named SAKEN, O. THOTT, I. SCHACK REVENTLAW, A. P. COMTE DE BERNSTORFF, H. EICHSTEDT."

The ratifications of this Convention were exchanged at Copenhagen the 16th of September, 1780, by the same Ministers Plenipotentiary who signed it, and as to this end, the Ministers Plenipotentiary named to this purpose, viz. on the part of her Imperial Majesty, the Count Nikia Panin, actually Privy Counsellor, Senator, Chamberlain in Exercise, and Knight of the Orders of St Andrew, St Alexander Newsky, and St Anne, and the Count John Osterman, Vice Chancellor, Privy Counsellor, and Knight of the Orders of St Alexander Newsky and St Anne; and on the part of his Majesty the King of Sweden, the Baron Frederick Van Nalken, Envoy Extraordinary of his Swedish Majesty at the Court of her Imperial Majesty, Chamberlain, Commandant of the Order of the Polar Star, Knight of the Orders of the Sword and of St John, have signed, the 21st of July, 1780, at St Petersburg, a similar Convention, conceived in the same form, and word for word, of the same tenor with that signed at Copenhagen, except the second article, in which the stipulations of contraband being resolved and ratified, to which they are to adhere, in consequence of treaties subsisting between the Crown of Sweden and the other powers, we have to this purpose, to avoid the repetition of what has been already said, added here, literally, the said second article.