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highness the duke regent of Sweden obferved, with inexpreffible pleafure, that he had not been miftaken in the favourable opinion which he ever entertained of the principles of justice by which the iteps of the court of Great Britain are guided, and of its religious obfervance of treaties; his royal highnefs affuring at the fame time, that all the points of thefe treaties fhall be obferved on his fide with not lefs ftrictness.

The undersigned, moreover, has fpecial orders from his royal highnefs the duke regent, to give the frongest affurances on his part, that not only the ftri&teft orders will be given in the name of his majefty of Sweden, refpecting the punctual execution of the articles of the treaties of neutrality, but likewife that his royal highness shall always think it his duty to feize every opportunity to convince his Britannic majefty of the friendship of the court of Sweden, and of his conftant defire to preferve and firengthen the harmony and the mutual good understanding which is reigning between the two empires.

(Signed) J. VON BERGSTEDT.

Note delivered on the 30th of July to the High Chancellor of Sweden, by the Ruffian Chargé d'Affaires.

WHEREAS the undersigned

chargé d'affaires of her imperial majesty of all the Ruffias refers to the amicable and confidential overtures which his excellency count Stackelberg, the Ruffian ambaffador, was charged to make to the minifters of his Swedish majefty in the beginning of this year, and in concert with the envoys of

other courts interested in the prefent war; he has the honour to declare to the faid minifters, that her imperial majefty, in confequence of an arrangement made with his Britannic majefty, has refolved to fet fail a fleet of twentyfive fhips of the line, and fome frigates, which is deftined to cruize in the north and eaft feas, to check and cut off the navigation of the French rebels, and to protect the coafts of thofe feas from their privateers and robbers.-The inftructions with which the commander of this ficet is provided, preferibe to him to feize and capture all the fhips bearing the pretended French flag, or any other flags which they may dare to hoift; and to ftop alfo, and to compel all neutral ships bound to or freighted for France, according as they fhall deem it moft expedient, either to fail back, or enter fome neutral harbour. After all the proofs which her imperial majefty has given of her magnanimous and moft difinterested care to fecure the rights of neutrai ftates in time of war, by a code of maritime laws, which mot powers have, by folemn treaties, fealed with their approbation, the cannot poffibly be fufpected of wishing to infringe upon this beneficent and falutary fyftem, as it is no ways applicable to the prefent circumftances.

In order to prove and establish this affertion, it will fuffice to mention, that the ufurpers of the government in France, after having fubverted all order, after having embrued their murderous hands in the blood of their king, have declared themselves, by a folemn decree, the friends and protectors of all thete who should commit the fame hor

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rors and exceffes against their own government in other states; and they have not only promised them fuccours and every affiftance, but even attacked, by force of arms, moft of the adjacent powers.

By fo doing, they put themfelves into an immediate state of war with all the powers of Europe; and from that period, neutrality could only take place where prudence prescribed, to conceal the refolution prescribed by the general intereft. But this motive exifts no longer, fince the moft formidable powers have joined in league to make theirs one common caufe against the enemy of the fafety and profperity of nations. If there be any whofe fituation does not allow fuch ftrong and decifive efforts as the other powers have recourfe to, it is but juftice that they fhould join the common caufe by other means which are wholly in their power, and efpecially by breaking off all commerce and intercourfe with the perturbators of public reft. imperial majefty thinks herfelf the more entitled to propose these meafures, as the firft fet the example of them, and introduced them in her dominions, notwithstanding the temporary prejudice which refulted therefrom to the exportation and fale of the productions of her empire. She has but too well forefeen the inconveniencies to which the public weal would be expofed, if the common enemy had been permitted, by means of a free fupply of provifions and naval ftores, to fofter and prolong anarchy. She has but too well foreseen thofe inconveniencies, to hefitate about facrificing fome momentary advantages the leaft which fo great a cause exacts. Equally confident of

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the justice of these reasons, and of the friendship of his Swedish májefty, the emprefs does not delay to renew her urgent reprefentation to the king her ally, to induce him to perfevere in his friendly as well as falutary intentions, having given orders to his admiralty to refuse convoys to all Swedish fhips, which, in the prefent juncture, are bound for France; and to prescribe to all others bound to other harbours, to fubmit to their being fearched by the thips of war of her imperial majefty, which is at prefent a point abfolutely neceffary, and compatible with the indulgence and respect that ought to take place between allies and neighbouring powers. (Signed) NOTBEK.

Stockholm, July, 30, 1793.

Declaratory Memorial to the Court of Denmark, refpecting its Navigation during the War with France, delivered by the British Minifter at Copenhagen.

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O one can be mistaken, how much the circumftances of prefent war differ from thofe upon which the law of nations introduced among the powers of Europe, and its ufual cuftoms, are founded. It can be as little denied, that this difference must have an important and effential influence upon the exercife of the privileges which belong to the neutral powers, by virtue of the univerfal law of nations, or by feparate treaties.

At prefent there exifts no government in France, which is ac knowledged either by the belligerent powers, or even by those who ftill adhere to neutrality. The court of Denmark has no minifter at Paris; and fince the tragical end

of his late moft Chriftian majefty, it has received none from France. This court has taken great care not to acknowledge the exiftence of a legitimate authority in France; and indeed there exists none in that country and although fpecial caufes have prevented this court from entering into the war, yet it cannot confider France as a power with whom it would find it poffible to preferve the former treaties of amity and neutrality.

If, therefore, in ufual cafes, a neutral power continues to carry on commerce with two nations engaged in war with each other, and in friendship with the faid neutral power, the path of negociations ever open, as well as the acknowledged ufages of all the jurifdictions in Europe, conftantly offer to the faid neutral power means of afcertaining whether or not the neutrality kept by one of those nations is alfo obferved by the other in the like manner: the faid neutral power may ascertain whether that neutrality is not mifufed by one of those powers to the prejudice of the other, and the impartial friendship thereby violated-a friendfhip to which both nations have an equal claim; and if, by unforeseen circuittances, the usual mode of exercifing the neutral commercial privileges, fhould become efpecially and more detrimental to one of those powers than the other, the injured power might, by friendly reprefentations, render valid this principle with the latter, and renounce without difficulty a right which ceases to be any longer confiftent with that neutrality.

None of thefe circumftances is admiffible in the prefent cafe. DenVOL. XXXV.

mark, while the preferves all her neutral privileges of commerce with regard to England-privileges which are fecured to her in the ufual cafes by the universal law of nations and her feparate treaties— the can in no refpect be affured of the obfervance thereof in France, where that neutrality has already been and is ftill daily violatedwhere his Danith majefty has no minifter to enforce his rights and the rights of his fubjects-where his Danish majefty acknowledges no lawful authority-and where there are indeed no other laws nor tribunals except the will of a licentious populace.

His Danish majefty will also find it impoffible to treat with France in an amicable manner, and as a neutral power, refpecting the means of introducing thofe meafures of precaution, upon the obfervance of which the other belligerent powers have fo great a right to infift, in order that the prerogative neutral commerce, especially the corn and grain trade, be not abused at a time when fo many circumstances perfectly new have acceded. It is a fact of univerfal notoriety, that the corn trade of France with foreign countries is no longer a mere private trade, but that, contrary to all custom, it remains almost entirely in the hands of the pretended executive council, and of the different municipalities. It can, there fore, no longer be confidered as a mere combination of private fpecu lations, of which the individuals of other nations partake, but as a bufinefs immediately carried on by thể above-mentioned pretended government which has declared war against us.

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It is equally notorious, that at the prefent moment, one of the moft effential expedients to compel those who have declared war against us to equitable terms of peace, confifts in their being prevented by importation to prevent that want, which is a neceffary confequence of what they have done, in order to arm the whole labouring clafs of the people of France against the other governments and the general tranquillity of Europe. It is a principle allowed by all the writers upon the public right, that importation may be prevented, if there are hopes that by fo doing one can conquer an enemy, and especially fo, if the want of that enemy has been occafioned by those measures which they took to injure us: and it is incontrovertible, that this cafe, quite new in its kind, cannot be judged by the principles and rules which were only made for wars carried on according to the customs introduced among the fovereigns of Europe.

condemned, nor British fubjects and British property be retained, in the ports belonging to a friendly power, whofe protection they are intitled to claim, without a direct violation of the treaties; and it is, above all, impoffible to apply, in this cafe, the ufual laws of an impartial neutrality, fince there is no acknowledged authority in France which can give to privateers the proper inftructions refpecting their conduct, and to which a neutral power might apply to bring them to punithment, whenever they deviate from thofe inftructions, on the nonobfervance of which they are not to be confidered as legal privateers, but only as pirates.

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Anfwer returned by the Court of Denmark to the Memorial lately delivered by the British Minifter.

It is farther to be observed that HIS majefty the king of Den

his Danish majefty, if he gives reception in his ports to French privateers with their prizes, cannot fecure to himself that fecurity which is requifite, according to the laws of nations, for the validity of their letters of marque, and for the regularity of their conduct. The courts of juftice cannot, without involving themselves in a manifeft contradiction, acknowledge the legality of any patent or letter of marque that is derived from a government which his majesty does not acknowledge to be fovereign. On account of this non-acknowledgment, prizes can neither be

mark feels always the live. lieft concern whenever he finds himself under the abfolute neceffity of contending with the principles of the powers in alliance or friendfhip with his majesty, or of coplaining with regard to their proceedings. His majefty was in hopes, that the moft confcientious obfervance of the ftricteft neutrality, and his intention of acting in conformity to his treaties, would fpare him thofe unpleasant fenfations. But the unexpected contents of the note which Mr. Hailes, ambaffador extraordinary of his Britannic majefty, has delivered, and which has been fupported.

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by count Von Goltz, ambaffador extraordinary of his Pruffian majefty, will allow the king no longer to remain filent. The principles which his majesty oppofes to thofe laid before him, are contained in the enclosed memorial. It is not the defire of fupporting an opinion once declared, which induces his majesty to abide by his own. The conviction of the most momentous interefts, the defire of his fubjects of preferving the peace of which they ftand in need, have fixed that opinion. His majefty is convinced that he is addreffing himself to friends, to juft and equitable fovereigns; his majefty fpeaks there. före with franknefs, and without fubterfuge.

It is not required here to illuftrate rights. The rights of Denmark are not problematical; and the king, fir, appeals in this point to the feelings of the fovereigns his friends, whether it muft not be a painful task for him to enter into negociations refpecting the performance of his plain, acknowledged, and allowed treaties? His majefty flatters himself, that it will never be adopted as a principle, or be enforced as fuch in this refpect, by the affertion that the different nature of a war can alter the nature of a mutual contract, or that mutual allowances can be confidered as favours or privileges, or that any two powers thall make regulations at the expence of a third power, or that belligerent states fhall eafe the burthen infeparable from war by throwing it upon their innocent neighbours. Thefe objects might furnish matter of explanation: but his majefty thinks he would give offence to the respective courts to

which he appeals, were he to ap prehend that thofe courts, after having heard his counter-reprefentations, would perfevere in those principles; and ftill lefs that they would employ preponderant violence, and fubftitute it for arguments and proofs, or for the conceffions neceffary to the parties interefted. His majefty having made no feparate agreement with the other neutral powers, he does not know their fentiments on this head; but his majefty is convinced that their opinion and refiftance will be unanimous, and that they will alfo perceive that it is impoffible to combine the fyftem of neutrality with measures which wholly deftroy it.

The king is not afraid of there being any room of complaint against him. His majefty has demanded nothing but what is ftrictly conformable to the treaties. His majefty has remained faithful to his ftipulations and neutrality. He is the injured party; but he cannot conceive how his majefty the king of Great Britain could, without the confent of his Danish majefty, give fresh inftructions to the commanders of the British fhips of war, which are abfolutely contrary to the former inftructions, and to his treaties with Denmark. The king entertained hopes, that thofe inftructions would only have extended to those ftates to which England is not tied by decifive conventions.

But fince his majesty can no longer admit of this declaration, he finds himself obliged, against his will, to proteft against thofe inftructions, as an open infringement of the treaties, and of the most sacred law which exifts between meu, to preferve all his rights, and most N 2

urgently

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