(2) That effects belonging to subjects of the said Powers at war shall be free on board neutral vessels, with the exception of contraband goods. (3) That to determine what constitutes a blockaded port, none shall be considered such except a port where the attacking Power shall have disposed and stationed its vessels sufficiently near to render access thereto clearly dangerous, and that no vessel sailing toward a blockaded port shall be considered as having contravened the present convention, unless, after having been notified by the commanding officer of the blockading fleet of the condition of the port, it shall attempt, either by force or by ruse, to enter therein. (4) That neutral vessels may not be arrested except for just cause and for self-evident acts; that their cases shall be tried without delay; that the procedure shall always be uniform, prompt, and legal; and that in every instance, in addition to the indemnities granted to those who have suffered loss, without having been at fault, complete satisfaction shall be rendered to the flag of Their Majesties. (5) That the declaration of the commanding officer of the vessel or vessels of the Royal or Imperial Navy, which accompanies the convoy of one or more merchant ships, that his convoy carries no contraband goods, must be considered sufficient, and that thereupon there shall be no occasion to visit either his vessel or those of his convoy. The better to ensure to these principles the respect due to stipulations dictated by a disinterested desire to maintain the inalienable rights of neutral nations, and to give further proof of their devotion to and love of justice, the high contracting Powers, hereby bind themselves most solemnly to issue new and strict orders forbidding their captains, whether of ships of the line or of merchant ships, to load, hold, or conceal on board any articles which, by the terms of the present convention, might be considered contraband, and to see, respectively, to the execution of the orders that they shall have published in their admiralties and wherever else it may be necessary, with a view to which the ordinance, which shall -renew this prohibition under the severest penalties, shall be printed at the end of the present act, in order that there may be no allegation of ignorance thereof. ARTICLE 4 To protect the commerce of their subjects in common on the basis of the principles hereinbefore laid down, His Majesty the King of Sweden and His Imperial Majesty of all the Russias, have seen fit to equip separately a number of war-ships and frigates proportional to this object, as the squadrons of each Power will have to take their station and to be used for such convoying as its commerce and its navigation may require, in conformity with the nature and the quality of the trade of each nation. ARTICLE 5 To prevent the annoyances that may arise as the result of the bad faith of those who make use of the flag of a nation to which they do not belong, it is agreed to lay down as an inviolable rule that, for a vessel to be considered as the property of the country whose flag it flies, its captain and half of its crew must belong to that country, and it must have on board papers and passports in good and due form; but any vessel that shall not observe this rule and that shall contravene the published ordinances to this effect, printed at the end of the present convention, shall lose all right to the protection of the contracting Powers, and the government to which it belongs shall bear alone the losses, damages, and annoyances that may result therefrom. ARTICLE 6 If it should happen, however, that the merchant ships of either of the Powers should be in waters where the war-ships of the same nation are not stationed and where they could not have recourse to their own convoys, then the commanding officer of the war-ships of the other Power must, if requested, give them, sincerely and in good faith, the assistance that they may need, and in such case, the warships and frigates of either of the Powers shall act as a support and protection to the merchant ships of the other; it being understood, however, that those asking such aid shall not have engaged in any commerce that is illicit or contrary to the principles of neutrality. ARTICLE 7 This convention shall have no retroactive effect, and consequently no action shall be taken with respect to differences which may have arisen before its conclusion, unless it is a question of continuous acts of violence, tending to establish an oppressive system for all the neutral nations of Europe in general. ARTICLE 8 If, in spite of the most scrupulous care on the part of the two Powers and in spite of the observance of the most complete neutrality by them, merchant ships of His Majesty the King of Sweden or of His Imperial Majesty of all the Russias should be insulted, pillaged, or taken by the war-ships or privateers of either of the Powers at war, then the Minister of the injured party to the government whose war-ships or privateers shall have committed such acts shall make representations, demand the seized merchant ship, and insist upon suitable indemnification, never losing sight of the reparation due for the insult to the flag. The Minister of the other contracting Party shall join with him and support his complaints in the most energetic and effectual manner, and they shall thus act in concert and in perfect accord. If justice should be refused on these complaints, or if the rendering of justice should be postponed from time to time, then Their Majesties shall employ reprisals against the Power so refusing, and they shall take counsel with each other as to the most effectual method of carrying out such reprisals. ARTICLE 9 If either of the two Powers or both of them, because of or in contempt of the present convention, should be disturbed, molested, or attacked, it is likewise agreed that they shall make common cause for their mutual defense and shall work and act in concert to secure full and complete satisfaction both for the insult to their flag and for the losses caused to their subjects. ARTICLE 10 The principles and the measures adopted by the present act shall be applicable also to all naval wars, which may unfortunately arise to disturb Europe. These stipulations shall therefore be regarded as permanent and shall constitute the rule for the contracting Powers in the matter of commerce and navigation, whenever there shall be occasion to pass upon the rights of neutral nations. ARTICLE 11 The principal aim and object of this convention being to ensure general freedom of commerce and navigation, His Majesty the King of Sweden and His Imperial Majesty of all the Russias agree and bind themselves in advance to permit other neutral Powers to accede hereto, and that by adopting the principles they shall share the obligations as well as the advantages. ARTICLE 12 In order that the Powers at war may not allege ignorance of the arrangements concluded between their said Majesties, they agree to bring to the knowledge of the belligerent parties the measures which they have together adopted, which are all the less hostile because they are not detrimental to any other country, for they tend solely to protect the commerce and navigation of their respective subjects. ARTICLE 13 The present convention shall be ratified by the two contracting parties, and ratifications thereof shall be exchanged in good and due form within six weeks, or sooner if possible, from the day on which it is signed. In faith whereof, we, the undersigned, by virtue of our full powers, have signed and hereto affixed the seal of our arms. Done at St. Petersburg, December 4/16, 1800. [L. S.] COURT STEDINGK Convention between Russia and Denmark for the Reestablishment of an Armed Neutrality, December 16, 18001 In the Name of the Most Holy and Indivisible Trinity: The freedom of navigation and security of commerce of neutral Powers having been compromised, and the principles of the law of nations having been disregarded in the present naval war, His Majesty the Emperor of all the Russias and His Majesty the King of Denmark and Norway, led by their love of justice and by an equal solici 1Translation. French text at Martens, Recueil de Traités, vol. 7, p. 182. Accepted and ratified by His Russian Majesty on February 20, 1801. tude for all that may contribute to public prosperity in their States, have deemed it advisable to give a new sanction to the principles of neutrality, which, indestructible in their essence, require only the cooperation of the governments interested in their maintenance to make them respected. With this view His Imperial Majesty has manifested, by the declaration of August 15 to the Courts of the north, to whose interests likewise it is to adopt uniform measures under similar circumstances, how greatly he has at heart the reestablishment, in all its inviolability, of the right common to all peoples to navigate and to carry on commerce freely and independently of the temporary interests of belligerent parties. His Danish Majesty shares the desires and sentiments of his august ally, and a happy likeness of interests, strengthening their mutual confidence, has determined them to reestablish the system of armed neutrality, which was followed with such success during the last American war, by renewing its beneficent maxims in a new convention adapted to present circumstances. To this end, His Majesty the Emperor of all the Russias and His Majesty the King of Denmark and Norway have appointed as their plenipotentiaries, to wit: His Imperial Majesty, Count Theodore de Rostopsin, His Privy Councilor, Member of His Council, Principal Minister in the College of Foreign Affairs, Postmaster General of the Empire, Grand Chancellor and Grand Cross of the Sovereign Order of St. John of Jerusalem, Chevalier of the Orders of St. Andrew, of St. Alexander Nevsky, and of St. Anne of the First Class, of the Orders of St. Lazare, of the Annunciation, of SS. Maurice and Lazare, of St. Ferdinand and St. Hubert; and His Danish Majesty, Niels de Rosenkrantz, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of all the Russias, his Chamberlain and General Aide-de-Camp; who, after having exchanged their respective full powers, have agreed upon the following articles: ARTICLE 1 His Majesty the Emperor of all the Russias and His Majesty the King of Denmark and Norway declare their desire to see to the strictest enforcement of the prohibition of commerce in contraband on the part of their subjects with any of the Powers whatsoever now at war or that may hereafter enter into the war. |