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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0195 Enlarge and print image (4M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0195 Enlarge and print image (4M) |
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STATE PAPER.
CoUKter.d.-clar:,! i:. n oj the court of Denmark,
in reply to the memorial delivered by the
Jirilish minister.
<¦'¦ The law of nations .is unalterable. Its
principles do not _ depend on circumstances.
An enemy engaged in war can-exercise ven-
geance upon those who do not expect it ;
but in this case, and Without violating the
, Pgtd law, a fatal reciprocity may take
place j but a neutral power which lives iu
.peace, cannot admit of,, nor acknowi
such a .compensation : it can only screen
it'selfvby its impartiality and by its treaties.
It is not pardonable for her to renounce her
rights in favor of any belligerent power.—
The basis of her rights is -the universal and
public law, before which a]' authority must
vanish: it is neither a party nor,a judge ;
nor ck) the treaties give room to privileges
and favors. A" these stipulations .consti-
tute the perfect law i they -are .mutual obli-
gations: That would be a very unnatural
agreement which any of the contracting
yarties mk"Mat pleasure suppress, interpret
or restrain. In this manner all treaties
would in general become impracticable, be-
cause they would be useless. What becomes
of equity, fidelity" and surety ? and how
much more unjust must become oppression,'
when it sets aside the infringement of sa-
cred duties, the advantages of w Vch have
been enjoyed, but only acknowledged as
long as they suited self-interest.
'¦ Denmark will surely never attempt to
justify the present government in France, its
nature and origin ;ibat she will neither give
her judgment, and her neutrality will not
permit her to express her mind on this sub-
ject.' We only confine ourselves to the la-
menting the disasters which befel that
country, aad on its account, all Europe ;
and the Wishing to see them brought to a
speedy termination. Eut this is not the
moment to own or acknowledge a form of
government, which we have always-refused
to acknowledge. The nation is/there, and
the authority which it acknowledges, is
that to which application is made in cases
concerning individuals. The commercial
connexions subsist likewise in the same
manner as' they did between England and
France, as,long as the latterchose to preserve
peace. The nation has not ceased to ac-
knowledge her treaties with us, at .least she
conforms herself agreeably to those treaties.
As she appeals to them, so do we appeal to
them-r-and frequently with good success,
both for ourselves and in favor of those sub-
jects of the belligerent powers, who commit
their effects to the protection of our flag.
In cases of refusal and delay, we have fre-
quently been obliged to hear often and' re-
luctantly, that they only used to take repri-
sals, since the nations with whom they
¦were at war, shewed as little regard for their
treaties with us : and thus the neutral flag
becomes the victim of errors, with which it
cannot reproach itself. The path of justice
still continues open in France. The consuls
and the mandatories of private individuals,
are heard. Np one is prevented from apply-
ing to the tribunals of commerce. This is
sufficient in .ordinary eases. , No fresh ne-
gotiations are required for.the maintenance
of existing treaties. Ministers become quite
. SuperKous in this respect ; there are judges,
and tliis is sufficient.
" These ca ms nrealready violated
. by the observation, that our grievances are
• frequently heard in France, and that there
is no possibility of getting the in redressed.
The municipalities 10 whom application
must be matte, are certain, not alike equita-
ble—sentences of the tribunals of com-
merce, are not founded upon uniform prin-
ciples-the extreme means of refuge to a
medium of power is totally removed—and
these circtfttistances occasion at times grie-
vous acts of injustice. Jn this respect none
are greater sufferers than tbefieuttal powers
who cry aloud against those unjust proceed-
ings, and yet seem to justify them by their
own imitation.
" A negotiation between a neutral and a
belligerent power, which would have for its
that the latter should not make use
cf neutrality to the detriment of the former
cannot be thought of. A neutral power
has fulfilled all its duties if it never
has receded from the strictest- imparti-
ality, and from the acknowledged sense of
its treaties, in case the neutrality should
prove more advantageous to one of the bel-
ligerent powers than to another, become fo-
reign to the neutrality and does not con-
cern it. Tin's depends oh local situations
and circumstances, and does not remain a-
like. The detriments and advantages are
compensated and balanced by time. All
that dees not absolutely depend on a neutral
power, ought to have no influence on its
neutrality ; otherwise a partial and frequent-
ly but momentary interest, would become
the interpreter and judge .of existing trea-
ties.
" The distinct ion between private specu-
lations, and those made by the government
and the municipalities, seems to us to-be as
new as it is totally unknown. As this ease
cannot at all End place here, it would be
superfluous to discuss the question, whether
a contract between a neutral government and
a belligerent power, respecting supplies or
provisions for armies, garrison towns, or
ships of war, can be contrary to a treaty in
which no such exception has been mention-
ed. The only question here is respecting
speculations, which might be made by pri-
vate individuals, respecting the sale of pro-
ductions quite harmless in their nature, the
disposal of which, is not less important to
the vender, than the possession of them is to
the purchaser; respecting the use of the
ships of the nation, which must chiefly seek
her subsistence in navigation and the corn
trade. Nor is the question here about ports
of war, but about ports of commerce ; and if
it bo lawful to reduce by famine blockaded
harbors, it would not be quite so just to ac-
cumulate this misery upon so many others,
when it befalls the innocent, and may even
reach provinces in France, which have not
dese. ved this increase of wretchedness, ei-
ther on the part of England or on that of
her allies.
" The want of grain, as a consequence of
the failure of domestic productions, is not a
thing unusual, which might only take place
it the present moment; or which might
fce occasioned by the grounds which eon-
¦stituw the difference so often allcdged
between rile preSel.it and former wars' —
France isaltiiost constantly able to make in*-
jjurts f>>¦;;: abroad. Africa, Italy, A-
ineriea, furnishes her with much more corn
than the Baltic. In the year 1709, Prance
was more exposed to famine than it is. now;
anS yet England could not then avail herself
ofthe same ground. On the contrary,when
soon after Frederick iv. kin» of Denmark,
on account of his war with. Sweden, Which
¦requires almost constantly importations from
abroad like France, could believe that he
might adopt tb<" principle, that exportation
can be lawfully prevented, if one has hopes
to cojKjuer an enemy by so doing, and he
intended to apply, with regard to the coun-
try, this principle, which is only consider-
ed as valid with regard to blockaded ports ;
all the powers remonstrated, particularly G.
Bri '.;n, and unanimously declared this prin-
ciple to be new and inadmissible—so that
the king convinced to the contrary, desist-
ed from it. A war can certainly differ from
others with regard to its occasion, tendency,
necessity, justice or injustice. This can be
a most important concern to the belligerent
powers; It can and must have influence up-
on the peace, upon the indemnification, and
other necessary circumstances. But all this
isabsolutely of no concern to the neutral
powers. They will, upon the whole, give
the utmost deference to those on whose side
justice seems to be ; but they have no right
.to give way to this sentiment. Where a
neutrality is not quite perfect, it Ceases to
be a neutrality.
'¦" The ships bearing the British flag, like
those which bear that of the allies of Eng-
land, find in all the harbors of his majesty
every possible safetyr, assistance and protec-
tion—but those.cannot be reckoned among
their number, wdiich have been captured by
their enemies. The French privateers can-
not be considered as pirates by the neutral
powet'Sj.as long as England does not consider
and treat them as such. In England the pri-
soners are deemed to be prisoners of war—
they are exchanged—and negotiations have
even been entered into for this purpose. The
usual laws of war are there observed in. all
respects ; and by this rule alone we ought to
go. The tri-colored flag was acknowledged
in Denmark, at a periodwhenit wasacknow-
ledged every where else. Every alteration
in this respect would be impossible, without
involving ourselves in a war, or without de-
serving one.
" The admittance of privateers in Norway
is a consequence |