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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 very obedient servant,

(Signed)

GEORGE W. ERVING.

James Monroe, esq. Secretary of State.

No. 1.

Mr. Erving to Mr. De Rosenkrantz.

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 caus

ed 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.

[Translation.]

No. 2.

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 Mereator, 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.

In presenting these claims to the notice of Mr. Erving, the special minister of the United States of America, the undersigned minister of state, and chief of the department of foreign affairs, flatters himself, that he will lay them before his government, and endeavour to obtain for the parties interested, that indemnity, which the justice of their claims so evidently calls for; but which the intervention of his majesty's charge des affaires has not, to the present period, been able to accomplish.

The undersigned, in praying Mr. Erving to have the goodness to return to him the enclosures, avails himself of the opportunity of renewing the continued assurance of his high consideration.

(Signed)

N. ROSENKRANTZ.

Copenhagen, February 14th, 1812.

No. 3..

Mr. Erving to Mr. De Rosenkrantz.

Copenhagen, February 17th, 1812. Sir, I have received your excellency's note of the 14th inst.. relating to two claims of Danish subjects, on the government of the United States. I am uninstructed as to those claims otherwise than by that note and by the documents which it inclosed. In these I perceive with great satisfaction, that during a war of two years between the United States and France, at a time when the Danish commerce was in activity, and the western ocean was covered with American cruisers, the causes of complaint afforded to this country were confined to these cases, one of them a mere question as to the amount of salvage exacted on a recapture, and both of them grounded on the errors or misintelligence of officers employed on foreign stations; that these reclamations do not involve any misconduct of American tribunals, any violation of public law, any offence of neutral rights, or any bad faith or unfriendly disposition in the government of the United States; but on the contrary that in every stage of the claims, a love of justice, a respect for neutral rights, and a frank, generous, and friendly character towards Denmark, has been continually manifested by that government; and finally, that complete satisfaction to the claimants has hitherto been delayed by causes, which, though beyond the controul of the executive, do not forbid the expectation of redress.

I shall have the honour to submit to my government a copy of your excellency's note, adding whatever may be proper on my part to promote the object of it. I renew, &c.

(Signed) GEORGE W. ERVING. To his excellency Mr. De Rosenkrantz, 1st minister of state, &c.

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I return herewith the printed papers which were enclosed in your excellency's note.

[Translation.]

Note, No. 4.

Copenhagen, April 9th, 1812. The undersigned, minister of state of the department of foreign affairs, having laid before his majesty the note which Mr. Erving, the special minister of the United States of America, addressed to him the 4th of November last year, the principal object of which was to claim the revision of several sentences definitively pronounced by the supreme tribunals of admiralty, which the special minister considers ill founded, and in opposition to the principles he maintains ought to serve as a basis to the proceedings on prizes and rules for the judges, authorized to pronounce between the captors commissioned by the Danish government, and the captains and owners of whose vessels have been captured under the flag of the United States, is authorized by the orders of his majesty to make known to Mr. Erving, special minister of the United States, that the king's very particular sentiments of friendship for the United States, and his esteem for the president, cannot influence him to permit a revision of the sentences pronounced, terminating the causes arising from captures made by the cruisers under the flag of the state.

The principles which have formed the basis of the privateer regulations, and which have not been lost sight of in giving the instructions to the tribunals, charged to examine in matter of prizes, are the same as those generally received, and according to which the Danish tribunals of the admiralty judge, and decide on the captures of vessels under other flags than that of the United States.

The special minister will be pleased to find in this assertion, which is founded on the facts he may have made himself acquainted with since his residence here, that the American flag has on all occasions been treated in the maritime tribunals, conformably to the rules established, precisely in the same manner as the neutral flags of Europe.

The undersigned is moreover authorized to observe to Mr. Erving, special minister of the United States, that if permission were given to the captured, who have pleaded before the tribunals which have decided by a definitive sentence between the parties, to make in their favour revision of the causes terminated, the same indulgence should be given to the captors, who might complain of the sentences pronounced against them, and that in this manner the causes arizing from prizes would expe

rience indefinite delays, as prejudicial to the captured as to the captors.

The undersigned, in expressing to Mr. Erving his regret at not being able to grant what the special minister proposed to him, has the honour to renew to him the assurance of his high consideration.

(Signed)

No. 19.

ROSENKRANTZ.

Mr. Erving to Mr. Monroe, Secretary of State.

Copenhagen, 17th April, 1812. Sir, I have the honour herewith to inclose the reply of Mr. De Rosenkrantz to the last reclamation which I presented to him in the case of the "Brutus," copy of which was transmitted with my dispatch No. 16.

With the most perfect respect and consideration, sir, your very obedient servant, (Signed)

[Translation.]

GEORGE W. ERVING.

Copenhagen, 16th April, 1812.

The undersigned minister of state, and chief of the department of foreign affairs, has not failed to attend to the reclamations which Mr. Erving, the special minister of the United States of America, made to him under date of the 23d September, 23d November, and 13th December of the last year, in favour of the different American vessels, and specially in that of the Brutus, Fenno, master, captured and brought into a port of Norway.

It is known to Mr. Erving, that the causes of the vessels mentioned in the list of the 13th December, have all been decided in favor of the captured, with the exception of the Maryland, now waiting a decision, and of the Brutus, which as well as the others have been reported to the king.

It is with regret that the undersigned is obliged to inform the special minister, that his majesty, after having examined into this affair, has thought proper to leave to the supreme tribunal of the admiralty the pronouncing of the sentence, conformably to the principles and instructions prescribed to this tribunal by the regulations concerning privateers, and the ordinances regulating the proceedings before the supreme tribunal, and that this tribunal considers itself authorized to condemn both vessel and cargo for the reasons expressed in the sentence.

The decision of the king having been acted upon before the note of Mr. Erving, under date of the 10th instant, reached the

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