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Rix dls. Rix dls. Rix dls.
92 40 800 Clarkson,
250 40 Flint,
600 40 400 Burrough,
118 40 Goodwin,
40 30 Vibbert,
320 40 150 Daggett,
329 40 Osgood,
400 40 Jones,
1,412 40 1,000 Johnson,
2,000 40 Somes,
648 40 1,000 Moffat,
36 40 600 Groves,
392 40 600
1,094 40 1,500 Leach,
828 40 1,500
10,876 720 Amount of 2 per Mille, 10,876 Ditto Expenses,
720 Ditto Fines,
Total amount, 20,006 Rix Dollars. N. B. The Danish rix dollar may be estimated, in this ac. count, at an average of seven and a half equal to one Spanish.
This extract does not contain the vessels released by the prize court in Norway, viz: "Hæbe,” Porson, “ Pilot,” Gower, “ Industry,” Cook, “ Fame,” Perry, "Comet,” Dennis.
Nor the “Rachel,” Mattenly, released at Aalborg.
Nor the “ Delaware,” Gill, and “Dolphin,” Latham, which were released on the preliminary examinations.
Nor the “Herald," Silsby, which was neither fined or taxed, but received eight Spanish dollars for each day's detention, all costs paid by the captor.
Extract from the lists of cases which were pending on the 30th May, 1811, and of those which occurred during the year 1811, subsequent to the 30th May. This extract containing all such cases as have been acquitted on appeals to the high court of ad- . miralty in Copenhagen, and showing the amount of costs, fines,
and taxes under the 2 per mille law, decreed against them in the sentences of said high court.
Court Vessels. Captains. 2 per Mille. Expenses. Fines.
Rix dls. Rix dls. Rix dls. Egeria, Law,
40 1,000 Oscar, Cunningham, 400
40 Minerva, Baker,
408 40 1,000 Pittsburg, Yardsly,
40 Richmond, Jarvis,
40 1,000 Amiable Matilda, Hague,
40 Nimrod, Smith,
356 40 · 1,000 William & Jane, Bunker
760 40 2,000 Rachel, Joseph,
40 Washington, Almy,
40 Washington, Brown,
40 2,000 John, Reynolds,
40 Jeremiah,, Russell,
438 40 Nancy, Eveleth,
1,000 Joseph, Allan
352 40 Maria Theresa, Phelps,
40 700 Laura, Lambert,
6,922 680 Amount of 2 per Mille, 6,922 Ditto Expenses,
680 Ditto Fines,
Total amount, 19,802 Rix Dollars. N. B. This extract does not contain the “ Ariel,” Butler, « Fair Trader," Craig, “ Minerva Smyth,” Mann, acquitted by virtue of decree of Sleswic Holstein chancery.
Nor the “ Maryland," Peters; in which case sentence had not issued at the closing of this list. (Signed)
GEORGE W. ERVING. Copenhagen, April 10, 1812.
Copenhagen, April 12, 1812. Sir, With my despatch No. 10, was submitted to you copy of the reclamation, dated November 4, which I thought it my duty to make against the sentences of condemnation, passed by the Danish tribunals in the years 1809 and 1810 on American ships and cargoes. Mr. De Rosenkrantz was prevented at first by ill health, and afterwards for a long time by a pressure of various business (as I understood), from laying it before the king. In the mean time he continually discouraged any expectation that his majesty would accede to the propositions which it contains, persisting in his declaration to me on my first arrival here, that there was no remedy for the past. Finding that in the usual course of business it was necessary for the minister to inform himself fully and particularly as to the contents of the note, so as to submit it to the king by abstract only, I thought that I might at once expedite my object, and add to the probability of success in it, by having the note translated into the Danish language. I. sent such a translation to the minister on the 22d January, requesting (by No. 1 of the inclosures) that the whole might be laid before the king. This was done on the 14th of February, and on the same day the minister addressed to me the note No. 2, relating to Danish claims on our government, to which I answered on the 17th February as by No. 3, and on the 9th instant I finally received the minister's reply to my reclamation of November 4 (No. 4 of the inclosures).
All my former communications, sir, have prepared you for this result, and the most extraordinary delay of the king in announcing it, though so far creditable to him inasmuch as it denotes the reluctance with which he has come to a conclusion, which he cannot conscientiously approve of, and which he has not found any admissible pleas to support or to countenance, yet has also afforded me the means of ascertaining that no favourable change of this determination is to be hoped for.
All the business which my appointment had in view being now completed, and as there is not, as far as I know, one American vessel actually under detention (by Danish capture) in any port
of this kingdom, after answering the minister of state's note in suitable terms, I propose, pursuant to my instructions, to take leave and depart for Paris. I wrote yešterday to Mr. Barlow for passports, and as soon as they arrive, which may be about the commencement of next month, I shall be entirely ready to make use of them. In the mean time I send home with this and other dispatches my secretary Mr. Lewis, whose fidelity, industry, and zeal in the public service, I so entirely approve of, that I cannot but recommend him to your patronage and protection. Previous to my departure I propose, as I have before mentioned to you, to present Mr. Forbes in the quality of “agent” to the minister of state and to other departments of government here, and I doubt not that if any of our vessels should hereafter be captured by Danish cruizers, he will be able to afford them every assistance of which their cases may be susceptible, and that
his respectability of character and his other qualifications will procure due attention to his official representations, I hope also that on my return to Paris, I may be able to assist Mr. Barlow in obtaining a favourable adjustment of the questions which have arisen out of the French captures in this quarter.
It seems to be scarcely probable, even if we should not be at war with England, that any of our vessels which may have left the United States for Russia, will, if they touch at Gottenburg for information, proceed on their voyages; for either the emperor of France will occupy the Russian ports, or the emperor of Russia will submit to his terms: in either of which cases those ports will be rigorously closed against “colonial produce.” If the emperor of Russia should successfully resist, then his country will be inundated with whatever we can supply by the commerce of England. In this last case it is not to be supposed that the English will take any neutral vessels under their convoy: in the two former cases the neutral will not have any motive for joining convoy. On the other hand the French cruizers will certainly intercept every vessel not under convoy which may enter the Baltic with colonial produce : and it is equally certain that such cruizers will be sufficiently numerous ; for, independent of the privateers properly French, the Danes have found so little encouragement for privateering during the last twelve months, that many of them are reduced to the necessity of seeking French commissions.
Mr. Lewis will carry with him the original of my dispatch No. 10, which incloses authentic copies of the sentences therein referred. In these, sir, you will notice more particularly the extraordinary principles and offensive doctrines on which the tribunals have founded their decisions, and in case our country should still continue in peace, government, having the whole matter before it, will be able to give our commerce such direction, and to place it under such regulations as may best comport with its future security.
With the most perfect respect and consideration, sir your vesy obedient servant, (Signed)
GEORGE W. ERVING. fames Monroe, esq. Secretary of State.
Copenhagen, January 22, 1812. Sir, I have the honour herewith to inclose a translation into the Danish language of my note to your excellency of November 4th, and of the statement thereto annexed. These I have caused to be prepared with particular care, trusting that you will be pleased to lay them, in their entire form, before his majesty.
I cannot but take this occasion of renewing to your excellency the expression of my earnest desire that you would enable me to transmit to my government his majesty's resolutions on the subject, nor of my anxiety that those resolutions, marked by the enlightened and friendly policy which I have anticipated in my reports to my government, may correspond to the just expectations of the United States, and cement that harmony and good understanding between the two countries which ought always to subsist. I have the honour, &c. (Signed)
GEORGE W. ERVING. To his Excellency Mr. De Rosenkrantz, first minister of state, &c.
No. 2. [Translation.]
The Danish brig Henrick, captain Scheel, departed for cape Francois in 1799, was captured in the month of October of the said year by a French privateer, and re-captured a few days afterwards by the United States ship Pickering, which took her into the Island of St. Christopher's, where she was condemned on the ground of being recaptured, whereby the owner only obtained about one eighth part of the value of the vessel and cargo.
The American government ought to be held responsible for this measure, having by their instructions of the 12th March, 1799, authorized her armed vessels to re-capture all prizes taken by French privateers. The sentence of condemnation pronounced, appears also to contain an inadmissible application of the American laws, which do not relate to the re-capture of neutral vessels. The two accompanying printed documents prove, that Mr. Madison, then secretary of state of the United States, recognised the validity of the claim, and recommended the interests of the claimant to congress. The owner, however, having been frustrated in his attempt to obtain the compensation due to him, has been obliged to institute a suit against the officers who re-captured his vessel, of which he is still waiting the issue.
A similar claim was preferred by the owner of the ship Mercator, captured in 1800, by lieutenant Maley, commander of the United States vessel Experiment, afterwards taken by a British cruizer, which carried her to Jamaica, where she was declared a good prize.
It is shewn by the annexed printed report, that damage to the amount of 33,864 dollars has been awarded to the owner in this case, but he has not yet been able to obtain payment.