Done at Copenhagen, the 9th day of the month of July, in the year of grace one thousand seven hundred and eighty. [L. S.] P. C. Bernstorff [L. S.] O. THOTT [L. S.] O. SCHACK RATHLOW In fidem Concordantiæ Treaty between Great Britain and Denmark, July 21, 17801 The two contracting Powers do reciprocally engage, for themselves and their successors, not to assist the enemies of the one or of the other, in time of war, with soldiers, vessels or any kind of goods and merchandise, accounted contraband, as also to prohibit their subjects to do the same, and to punish severely, as infractors of the peace, those, who shall act contrary to prohibitions given to this effect, but that no doubt may be left concerning what is to be understood by the term. contraband, it is agreed upon, that by this denomination are only to be understood: fire-arms as well as other kind of weapons and things thereto belonging, as: canons, muskets, morters, petards, bombs, grenadoes, light-balls, saucisses, carriages, rests, bandollers, powder, match, saltpetre, bullets, pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horses, saddles, holsters, belts, and generally all other implements of war, as well as ship-timber, tar, pitch or rosin, copper in sheets, sails, hemp and cordage, and generally every thing which properly serves for the equipment of ships, excepting however unwrought iron, and fir-planks; but it is expressly stipulated, that fish, and flesh, fresh or salted, wheat, flour, corn or other grain, pulse, oil, wine, and generally all that serves for the nourishment and sustenance. of life, are not accounted contraband; so that all these articles may always be sold and transported, like other merchandise, even to places.. possessed by an enemy to either of the two Crowns, provided, they are not besieged or blocked up. 1Hennings: Sammlung von Staatsschrifften, vol. 2, p. 102.. Declaration of the King of Sweden to the Courts of London, Versailles and Madrid, July 21, 17801 Ever since the beginning of the present war, the King has taken particular care to manifest his intentions to all Europe. He imposed unto himself the law of a perfect neutrality; he fulfilled all the duties thereof, with the most scrupulous exactitude; and in consequence thereof, he thought himself entitled to all the prerogatives naturally appertaining to the qualification of a sovereign perfectly neuter. But notwithstanding this, his commercial subjects have been obliged to claim his protection, and His Majesty has found himself under the necessity to grant it to them. To effect this, the King ordered last year a certain number of men of war to be fitted out. He employed a part thereof on the coasts of his kingdom, and the rest served as convoys for the Swedish merchant ships in the different seas which the commerce of his subjects required them to navigate. He acquainted the several belligerent Powers with these measures and was preparing to continue the same during the course of this year, when other Courts, who had likewise adopted a perfect neutrality, communicated their sentiments unto him, which the King found entirely conformable to his own, and tending to the same object. The Empress of Russia caused a declaration to be delivered to the Courts of London, Versailles, and Madrid, in which she acquainted them of her resolution to protect the commerce of her subjects, and to defend the universal rights and prerogatives of neutral nations. This declaration was founded upon such just principles of the law of nations and the subsisting treaties that it was impossible to call them into question. The King found them entirely concordant with his own cause, and with the treaty concluded in the year 1666, between Sweden and France; and His Majesty could not forbear to acknowledge and to adopt the same principles, not only with regard to those Powers, with whom the said treaties are in force, but also with regard to such others as are already engaged in the present war, or may be involved therein hereafter, and with whom the king has no treaties to reclaim. It is the universal law, and when there are no particular engagements existing, it becomes obligatory upon all nations. In consequence thereof, the King declares hereby again, "That he 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 185. See also. Annual Register, 1780, p. 353. will observe the same neutrality, and with the same exactitude, as he has hitherto done. He will enjoin all his subjects, under rigorous pains, not to act in any manner whatever contrary to the duties which a strict neutrality imposes unto them; but he will effectually protect their lawful commerce, by all possible means, whenever they carry on the same, conformably to the principles here above mentioned. Reply of the Court of London to the Danish Declaration, July 25, 17801 During the whole course of the defensive war which the King has been waging against France and Spain, His Majesty has constantly respected the rights of all friendly and neutral Powers, in accordance with the terms of his different treaties with them and with the clearest and most generally recognized principles of the law of nations, the common law of those nations which have no special conventions. Such conventions have long existed between Great Britain and Denmark. The flag of His Danish Majesty and the commerce of his subjects have been respected and shall continue so to be, in conformity with the treaties existing between the two nations, which are the foundation and the support of that friendship which has united them for more than a century. Their mutual rights and duties are clearly set forth in these solemn engagements, which would become worthless if they could be changed otherwise than by mutual agreement. They remain in full force at the present time and are equally binding upon both contracting Parties; they constitute an inviolable. law for both. The King has followed and will continue to follow it as such with that spirit of equity which has guided all his acts, and with a sincere friendship for the King of Denmark, in the expectation of finding and in the conviction that he will always find in His Danish Majesty similar sentiments and a like conduct. STORMONT LONDON, July 25, 1780. 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 182. Presented by Mr. Eden on August 7 of the same year. Reply of France to the Danish Declaration, July 27, 17801 The King's reply to the last declaration of the Empress of Russia made known how well calculated are the principles of His Majesty with regard to the freedom of the seas to bring about security and tranquillity for neutral vessels. By his sincere commendation of the views and measures of the Empress of Russia, His Majesty announced in advance to the Powers which this Princess invited to make common cause with her what they might expect from his justice and his love for the general good. Since the King of Denmark has now made known his determination to uphold a system, the establishment of which is regarded by His Majesty as the greatest benefit that the present war has been able to bring about for Europe, the King hastens to inform His Danish Majesty of his entire approval of the content of the declaration which this Prince has had transmitted to him. The wise and clear laws, whose execution are demanded by the King of Denmark, are in full accord with the provisions and orders of His Majesty at the very beginning of this war, looking to the safeguarding of neutral vessels from all the injuries, to which, according to the law of nations, they should not be exposed. His Majesty recently issued additional orders to the officers of his navy and to privateers carrying his flag not to disturb in any manner neutral navigation; he did not need any instigation to order that Danish vessels in particular should be treated as belonging to a friendly Power which respected the laws of the sea and should enjoy all the advantages of neutrality. His Majesty hopes that the King of Denmark, pursuant to the principles contained in his declaration, will likewise be good enough to reiterate the order to his subjects to conduct themselves in every respect in conformity with the usages which a wise foresight has established to prevent abuse of freedom of navigation. The more favorable a belligerent Power shows itself to be toward a neutral nation, the more scrupulously should the latter keep within the limits prescribed by the law of nations. His Danish Majesty, by joining with the Empress of Russia and the other Powers that shall embrace the same cause, will aid in establishing for the future the status of neutral vessels, in order that the calamities that follow in the wake of war may be diminished and that 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 180. the whole of Europe may no longer be made a victim in quarrels. which may arise between one or more of the nations of that continent. The King desires that His Danish Majesty shall reap the full benefit that he expects from his prudence and requests him to rest assured that no wrong will be perpetrated by his subjects on Danish navigators, or, if such a thing should happen, that reparation shall be made with all possible celerity. His Majesty expresses his most sincere hope that the cooperation of the Powers, which are equally interested in the freedom of the seas, may render immutable laws whose equity he recognizes authoritatively. He is especially pleased to assure the King of Denmark on this occasion of his never-ending desire that the Danish nation shall enjoy the benefit of the sentiments of friendship and confidence which unite the two Courts. VERSAILLES, July 27, 1780. Convention for an Armed Neutrality between Russia and Sweden, Their respective Majesties are fully and sincerely determined to keep upon the most friendly terms with the present belligerent Powers and preserve the most exact neutrality; they solemnly declare their firm intention to be, that their respective subjects shall strictly observe the laws forbidding all contraband trade with the Powers now being, or that may hereafter be, concerned in the present disputes: ARTICLE 2 To prevent all equivocation or misunderstanding of the word contraband, Their Imperial and Royal Majesties declare that the meaning of the said word is solely restrained to such goods and commodities as are mentioned under that denomination in the treaties subsist 1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 189. See also, Annual Register, 1781, p. 300. |