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every maritime war, the neutral northern powers have confidered as a great grievance the right of fearching and making prize of the enemy's property on board of their fhips, by which they are deprived of the benefit which they might obtain, by becoming carriers to the belligerent ftanding moft in need of their affiftance. Thefe confiderations produced the armed neutrality in 1780. The principles upon which that fyftem was formed, are fo congenial to the particular interefts of the northern powers, that they will never be abandoned. They may be fufpended from the want of power to enforce them, but they are ftill fondly cherished. We are convinced that the exifting difpute is founded upon an endeavour to get them recognifed. It will be of importance, there fore, to ftate diftinctly, what thofe principles and pretenfions were in 1780. There can be no doubt that they are ftill the fame. For this reafon our readers will be gratified to fee the doctrines held by Denmark in the official declaration* on the affair of the armed neutrality, in which Denmark and Ruffia were the original parties. Count Bernstorff, indeed, is fuppofed to have been the author of that fyftem.

After ftating his determination to maintain a ftrict neutrality, &c. afferting the claims of free trade, and of the refpect due to the flag of an independent power, the declaration of his Danish Majefty fums up the pretenfions of neutrals in the following fix articles :

Art. 1. "That neutrals have a right to navigate freely from port to port, even on the coafts of the powers at war.

2. That the effects of the fubjects of the powers at war fhall be free in neutral veffels, except fuch as are deemed contraband.

3. That nothing is to be understood under the denomination of contraband that is not exprefsly mentioned as fuch in the third article of his (the King of Denmark's) treaty of commerce with Great Britain in the year 1670, and the 26th and 27th articles of his treaty of commerce with France in the year 1742; and the King will equally maintain these rules with thofe powers with whom he has no treaty.

4. That he will look upon that as a port blocked up, into which no veffel can enter without danger, on account of veffels of war ftationed there, which form an effectual blockade.

5. That thefe principles ferve for rules in procedure, and that juftice fhall be expeditiously rendered after the rules of the fea, conformably to treaty and ufage received.

6. His Majefty does not hesitate to declare that he will maintain these principles with the honour of his flag, and the liberty and independence of the commerce and navigation of his fubjects;

* Declaration of the King of Denmark and Norway to the Courts of London, Verfailles, and Madrid, dated July 8, 1780.

and

and that it is for this purpose he has armed a part of his navy, although he is defirous to preferve with all the powers at war, not only a good understanding, but all the friendship which the neutrality can admit of. The King will never recede from thefe principles unless he is forced to it. He knows the duties and the obligations, he refpects them as he does his treaties, and defires no other than to maintain them. His Majesty is perfuaded that the belligerent powers will acknowledge the juftice of his motives, that they will be as averfe as himself to doing any thing that may opprefs the liberties of mankind, and that they will give orders to their admiralty and to their officers, conformably to the principles above recited, which tend to the general happiness and intereft of Europe.

Cafe of the Swedish Convoy captured by Commodore Lawford, 30th of June 1798.

THE convoy confifted of feveral fhips under the protection of

a Swedish frigate, were bound for several ports in the Mediterranean, and laden with pitch, tar, iron, deals, &c.; of. these only one was going avowedly to an enemy's port, Ferrol; feveral were defined for Portugal, and the Maria for Genoa. After a fhort detention, the frigates and fhips for Portugal were difcharged, and the rest detained; and on the 13th of October following, a fuit was inftituted in the admiralty court, the event of which must be decifive of the right to the whole capture. The cause came on to be heard on the 20th of December, before Sir William Scott, who directed further proof; and in compliance with this order, on the part of the captors, among other atteftations was produced a copy of the inftructions which were given to the commander of the Froye Swedish frigate, which paper is in the French language, and is thus tranflated:

"In cafe the lieutenant-colonel fhould meet with any ships of war of other nations, one or more of any fleet whatever, then the lieutenant-colonel is to treat them with all poffible friendship, and not give any occafion of enmity: but if you meet with a foreign armed veffel, which, on fpeaking, fhould be defirous of having ftill further affurance that your frigate belongs to the King of Sweden, then the lieutenant-colonel is, by the Swedith flag and falute, to make known that it is fo; or if they would make any fearch among the merchant-thips which are under your convoy, which ought to be endeavoured to be prevented as much as poffible, then the lieutenant-colonel is, in cafe fuch thing fhould be infifted upon, and that remonftrances could not be amicably made, and that, notwithftanding your amicable comportment, the merchant-fhips should nevertheless be violently attacked, then violence must be oppofed against violence."

On the rft of May, the caufe came on for further hearing, when Sir William Scott rejected the claim for the fhip and cargo, and condemned the fame as good and lawful prize, as belonging, at the time of the capture thereof, to the enemies of Great Britain, and as fuch liable to feizure and confifcation.

To this decree an appeal was lodged, which came to be heard before the Lords Commiffioners of the Admiralty, at the Cockpit, in the month of May 1800. The cafe was ftated as follows:

Immediately that the Swedish convoy came in fight, on the 27th of June 1798, the British fhips hoifted their colours, and the fhips of the convoy fhowed theirs; but it is not fuggefted, by the English commodore, that the Swedith frigate then thowed any indication whatever of hoftility or forcible refiftance.

The Romney, notwithstanding, beat to quarters, and cast off the lower-deck guns, and ran them out; and upon the Romney and the Swedish frigate getting within hail, Commodore Lawford begged leave to fend an officer on board, which was answered (as he himself admits) very politely, and a lieutenant was thereupon fent on board the Swedith frigate, to know the deftination of the veffels under convoy, with their lading. The anfwer was given, without hesitation, that they were Swedes, from Marftrand, bound to different ports in the Mediterranean, laden with hemp, iron, pitch, and tar.

No demand is afferted to have been made of the papers of the Swedish fhips; but as the detaining of them by force was, in the opinion of Commodore Lawford, a circumstance which required fome confideration, fince it might involve the two nations in war, he called a council of the captains of the fquadron, and then fent a lieutenant to England, with difpatches to the Lords Commiffioners of the Admiralty for their inftructions.

In the mean time, the fquadron continued in company with the Swedish frigate and the convoy; and, on the 30th of June, the lieutenant, who had been fent with the, difpatches of Commodore Lawford, returned with difpatches from the Lords of the Admiralty.

The claimant here takes the liberty of noticing, that, although the captors have exhibited, in the manner before ftated, the inftructions which his Swedish Majefty gave to his own officer, they have not thought proper to bring forward (as it is prefumed that they eafily might have done, with confent of his Majelly's government) their own reprefentation, coming from all their commanders, in public council, to their own fuperiors, nor the in-, ttructions which they received in anfwer from thofe fuperiors; documents which are the moft material to fhow the inftant and genuine impreffion made by the demeanour of the Swedith frigate and convoy on all the Britifh commanders, and the grounds on

which alone the Lords of the Admiralty authorized the feizure and detention.

Having received that authority (on whatever motives, and in whatever terms, it may have been given to him), Commodore Lawford fent two of the captains of the fquadron on board the Swedish frigate, to inform the commander that he had orders to detain his convoy, and carry them into the nearest English port." It does not appear that upon this, any more than on the former occafion, the Swedish commander refufed the infpection of the papers of the fhips under his convoy, nor indeed that even at this period any fuch infpection was demanded.

The Swedith commander, however, upon the intimation given by the two captains, faid, that he was forry any difference should arife between the two nations; and, at the fame time, fhowed his inftructions (a copy of which he gave), which were, to repel any attempt that might be made to board his convoy by force, although he was first to make ufe of conciliatory measures, and endeavour to prevent it amicably if poffible.

This was communicated to Commodore Lawford, who returned for anfwer, that he should immediately proceed to take poffeffioni of the convoy; and the Plover, Wolverine, and Pilote, part of the fquadron, were ordered to board the Swedish veffels, Commodore Lawford, at the fame time, making the fignal to prepare for battle. The thips appointed to board the convoy began fulfilling their inftructions; and both guns and mufkets were actually fired at the fhips which did not bring to upon being ordered. At the fire of each, Commodore Lawford, as he ftates, expected that the Swedish commander would make the promifed refiftance, but nothing was offered; only it is faid, that the commander of the Swedish frigate appeared uneafy, by the frequent wearing of his fhip during the night, the Romney being, at the fame time, clofe under her lee, with lower-deck guns run out, and every man at his quarters.

By daylight, on the 31st of June, the greatest part of the convoy were fecured; but. it being obferved by Commodore Lawford, that two large fhips, which appeared to be hovering round the frigate, had not been boarded, he ordered the Plover and Pilote to board them, judging, as he alfo ftates, that this last measure would decide how far the Swedish commander meant to difpute the point. A boat from the Plover was thereupon fent on board one of the faid large fhips, when the Swedish frigate wore, and stood for the Plover, with an intention, as expected by Coinmodore Lawford, of opening her fire. The Romney wore alfo, and made the fignat for the Daphne to tack to fupport the Plover; but still no firing took place.

The petty officer put on board the large Swedifh veffel by the Plover was taken out by an armed boat from the Swedish frigate.

This, as Commodore Lawford was afterwards convinced, and has fairly admitted, was only done by the Swedish commander in the way of retaliation, on account, as it fhould feem, of fome of the Swedish crew, whom it was Count Wrangell's duty to protect, having been taken out of their own veffel by the Plover; and the English petty officer was immediately after returned, as Commodore Lawford has alfo admitted.

At the moment, however, of the tranfaction, the English commodore being, as he avows, extremely exafperated, directed the boat to be fired at; but at that inftant the Daphne came in a line with the boat, and prevented the thot being fired at the boat as ordered.

A Swedish officer was then fent on board the Romney, with the complaints of the Swedith commander, and with an intimation that he would go into an English port with the convoy; and an agreement thereupon took place, that the Swedish commander should direct the convoy into fuch port as Commodore Lawford fhould point out, and that Commodore Lawford would withdraw the English feamen, and return all the Swedes. This was done accordingly; and Commodore Lawford made the fignal for all captains, and acquainted them with the termination of the bufinefs, and of his intention to go into Margate Roads. The whole of the hips were fhortly after brought to anchor just without Margate Roads, when an officer was fent on board the Swedish frigate, to requeft that the commander would give Commodore Lawford a lift of his convey, with an account of their lading; from what port they came, and whither they were defined and with this, as with every other amicable requeit made to him during the whole tranfaction, he readily complied.

The papers of the thips under convoy were not taken into poffeflion, nor even demanded for infpection, fo far as appears, by the captors, until upwards of fix weeks after the capture; and in the interval an offer was made to the fhips bound to Portugal, that they might proceed on their voyage; one thip (the fnow St. Johannes, Calitrom mafter), received, by order of the Lords of the Admiralty, a written difcharge, dated on the 20th of September; the was, however, foon after ordered, by the guardship at the Nore, to proceed up the river, where the remained nearly three weeks, without any proceedings being had against her, or the papers having ever been infpe&ed, or demanded, by the captors, or any perfon on their behalf, till the mafter himself, being defirous, and thinking it his duty, to obtain compenfation for this long detention, voluntarily carried his papers to the King's proctor, who, in confequence, brought them before the court on the 13th of October; and then, and not before, commenced proceedings againft that vessel and cargo.

The Judge of the Admiralty, under the fpecial facts of that

cafe,

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