Sivut kuvina

situation where the ships of war of power shall also enforce the comthat nation are not stationed, and plaint in the most energetic and where they cannot have the pro- determined manner possible, and tection of their own convoys, in they shall generally and uniformly such case the commandant of the act in concert together. Should ship of war of the other power, if it their just complaint meet with no shall be required, shall duly and redress, or should it be postponed faithfully afford such assistance as from tiine to time, then shall their inay be necessary. The ships of majesties have recourse to reprisals war and frigates of other nations against such power as shall have shall afford protection and assist refused to do justice; and they ance to the merchant vessels of the shall endeavour, by every possible other, provided, in the mean time, means, to give effect to such rethat the vessel requiring such as- prisals. sistance shall not have violated the IX. Should it happen that one principles of the neutrality, by hav: or the other of the two powers, or ing carried on any illicit commerce, both, on account of, or from dis

VII. This convention shall have like to, the present convention, or no retrospective operation, and any circumstance connected with consequenily it shall have no refe- it,'should be disquieted, molested, rence to any differences that existed or attacked; in such case it is previous to its conclusion. Its ap- agreed, that the two powers shall plication shall only be to future make it a common cause, mutually acts of violence aud aggression, to defend each other; and they and it shall form the basis of a sy: shall reciprocally employ every stem for the protection of all the exertion to obtain full and complete neutral nations of Europe, whose satisfaction, as well for the in ult rights may hereafter be denied or done to their Nag as for the injury violated.

sustained by their subjects. VIII. Should it, notwithstand- X. The principles and regnlaing all the possible care of the two tions stipulated and settled by this powers; and notwithstanding the present act shall apply to every observance of the most perfect maritime war, by which Europe neutrality on their sides, so happen may unhappily be disquieted. These that the merchant ships of his ma- stipula iions shall also be considered jesty the king of Sweden, or of his as perpetual, and upon all occaimperial majesty of all the Russias, sions shall be appealed to by the should be insulted, plundered, or contracting powers for the regulataken by the ships of war or priva- tion of their commerce and navigateers of one or other of the belli. tion, and for the maintenance of the gerent powers, the minister of the rights of neutral nations. injured party shall forthwith repre- XI. As the object and main sent the same to the government consideration of this convention is whose ship of war or privateer shall to assure the general freedom of have committed such act of vio- commerce and navigation, his malence; he shall reclaim the cap- jesty the king of Sweden, and his tured vessel, demand due satistac- imperial majesty of all the Russias, tion, and by no means lose ght of bereby agree, and bind themselves the insult offered to the flag. The to each other, to give their consent ministers of the other contracting that other neutral powers may be1801



come parties to it, adopt its princi-, majesty, received the official notifples, conform to its obligations, cation, by which his cxcellency and partake of its advantages. lord Grenvillc, first minister of

XII. In order that the bellige- state, signified to the undersigned, rent powers may not have to plead that his Britannic majesty had orignorance of the arrangements con-. dered an embargo to be laid on all cluded between their said majesties, the Swedish ships that should be information shall be given to such found in the harbours within liis dobelligerent powers of the regula- minions. So unexpected an event. tions they liave determined upon, between powers who were in rewhich are so little of an hostile na- lations of friendship towards each ture, that they can be detrimental other, was received with a tonishto no other country whatever ; but, ment by his imperial majesty, who on the contrary, are only calculated was not only unconscious of having to secure the commerce and navi- given his Britannic majesty the least. gation of their respective subjects. cause of complaint, but, on the con

XIII. The present convention trary, was entitled 10 lave demandshall be ratified by the two con•

ed indemnification for repeated agtracting parties, and the ratification gressions. Actuated by this retiex. shall be exchanged, in due and ion, he rather expected that the good form, within six weeks, or notification was transmitted with sooner, if possible, from the day of the view to bury his grievances in signing it.

oblivion than to give occasion for In testimony of the same, we, the fresh ones, which should renew the undersigned, furnished with full remembrance of the past. powers, have hereunto signed our As the English court has stated, names, and athised our seals. as the ground of this notification, Given at St. Petersburg the 4th that a maritime convention was in

(16th) of December, 1900. contemplation, it would doubtless (Signed) CURT VON STEDINCK, have acted with more justice, had

Von KostopSIN. it waited for an official communica[Here follows the ratification of tion from the Swedish court, which their Swedish and imperial ma- it most assuredly would, in proper jesties, countersigned by Joh Christ time, have received, of a convende Toll, and count Kostopsin. tion, which is considered in so There is also the regulation re- odious a point of view, as to urge: ferred to in the convention ; it come it to an act of violence against a sists of tificen articles. It is dated court, whose connexion with EngSt. Petersburg, the 25d of Decem- land nothing else could have disber, 1900.]

turbed. As the dispute between the Russian and English courts re

lated to the island of Malta, and Anster of Baron Ehrensward to the declaration of tlac Danish court

tie Votification of Lord Grenville, referred to the convention of 1780, of the 15th of January, stating the undersigned can see no just reathat an Embargo luad been kill in son why the Swedish court, which the Danish and Suedish Ships in had given no cause of complaint to Erland.

the English, and from which no The undersigned, minister pleni- other declaration was required than potentiary of his imperial Swedish what related to the note of the 31st.


of December, which has but just Sweden must observe the following been received, should be attacked requisites:-in so hostile a manner, before any

i. In order that a ship be enanswer had been given to the insic titled to be considered as a Swede, nuations contained in that note. she must be built in Sweden, or the

The undersigned, who imparted provinces under her dominion; or the contents of the note of his ex- shipwrecked on the Swedish coast, cellency lord Grenville to his court, and there sold or bought in a foreign is obliged, in conformity to the or- country by a legal and authentic ders of his master, to protest, as far contract. If such purchase is made as by the present act he can formally in a country threatened with war, protest, against the embargo laid on it shall be considered as lawful as the Swedish ships, and all loss or soon as three months have elapsed damage that may be thereby occa. before its actually breaking out. sionel. He demands, in the most Every ship purchased must be na forcible and expressive terms, that, turalised. As, however, the nain pursuance of the stipulations of turalisation of ships bought in a the treaty of 1661, the embargo foreign country, and afterwards may he taken off, the continuance taken by a cruiser belonging to any of which can no otherwise be con- of the belligerent powers, may fresidered than as a designed and pre- quently produce disagreeable exmeditated declaration of war on the planations in the sequel, , it is part of England.

hereby declared, that in time of The undersigned, whom the ex- war ships shall not be allowed to pression of the desire of the British be naturalised, which have formerly court could not escape, observes, in been the property of the belligethe hostile determinations by which rents, or their subjects; nevertheit is accompanied, only a desire to less, with the exception of all ships give his imperial Swedish majesty that were naturalised before the cause of complaint, as well by the present regulation was adopted, detention of the convoy, as in re- which shall enjoy all the rights spect to the affair at Barcelona. He which are connected with the chawishes the British court had con- racter of neutrals and Swedes. firmed the truth of its assurances by 2. The captain of the ship must its actions, in which case this court be provided with all papers requiwould have been actuated by cor- site and proper for the security of responding sentiments. The under. his voyage. Of this kind are (in signed has the honour, &c.

case the ship goes through the (Signed)

Sound), a certificate of the place BARON VON EIRENSWARD. where the vessel was built, an inLondon, n. 17, 1801.

voice, letters showing the cargo not contraband, Turkish and Latin

passa Regulation alluded to in the Northern ports, a certificate by the magistrate

Convention,as published by the King of the place, a pass for the crew, a of Sweden.

copy of the oath for the owner, a The preamble states the necessity charterparty with the subscription ef rendering the rights of commerce of the freighter, the captain, and the clear and explicit. For this effect, person freighting the vessel, a maniin order to secure the protection of fest with the like subscriptions, the government, the commerce of containing a list of the different

(I 2) artcles

articles of the lading, and the con- 9. A Swedish ship cannot be ditions of the intended voyage, and employed by a belligerent power to a bill of health, where the same is transport troops, arms, or any warnecessary. If the voyage be merely like implements. Should any capto the ports of the Baltic, or the tain be compelled to do so by suSound, the Turkish and Latin passes perior force, he is bound at least to are not necessary; but the captain exhibit a formal protest against such inust have all the other papers enu

violence. merated, without exception.

10. When a merchant ship is not 3. All these documents must be under convoy, and happens to be made out and delivered in a Swedish brought-lo by a ship of war or priport, unless when a ship has lost her vateer belonging to any of the bellipapers by accident, or where they gerents, the captain shall not, in have been forcibly taken away; in

that case, oppose the searching of which case these documents may be his vessel, but be bound faithfully renewed in a foreign port, if the

to show all acts and documents captain, immediately on his arrival, which relate to her cargo. The takes the precaution to exhibit an captain and his people are strictly authentic and properly certified de- prohibited to keep back or destroy claration by which the accident is any of their papers. proved, or the grounds stated on 11. If, however, such ship makes which he desires the renewal. part of a convoy, the foregoing

4. The captain is prohibited to article shall not serve as the rule, have false acts or certificates, or du- but the captain's duty consists in plicates thereof. He is likewise pro- punctually obeying the signals of hibited to make use of a foreign fag.

the commodore of the convoy; for 5. It is required that the captain which purpose, therefore, he shall and half of the crew shall be Swedish separate as little as possible from subjects.

6. Captains going to the main 12. All captains are expressly ocean shall be bound to follow the, forbidden to attempt going into & course pointed out in their instruc- blockaded port as soon as they are tions, and agreeable to the contents formally apprised by the officer of their certification.

commanding the blockade. In or7. Ships destined for the ports of der lo ascertain what a blockaded a belligerent power must, with the barbour is, this appellation is conutmost care, and under the severest fined to those to which, by the penalties, avoid carrying any con- exertions of the blockading power, traband commodities. To prevent with ships destined and adequate all doubt or misunderstanding, re- to the object, it is evidently danspecting what is contraband, ii is gerous to attempt running in. agreed that the following goods 13. In case a Swedish merchant shall be considered contraband*. ship is captured by a ship of war or

S. All Swedish subjects are pro- privateer of any of the belligerents, hibited to fit out privateers against the captain shall immédiately transthe belligerents, their subjects and mit a circumstantial account, and property.

duly explained, to the Swedish

the convoy:

* The remainder is a transcript of the 2d article of the Convention of the Northern Powers.--Sec p. (197).


consul or vice-consul of the place haven, and that the reason which to which the ship is taken; and the public thought proper to assign should there be no consul or vice- for that measure was the refusal consul there, he shall transmit a given by the government of Hammemorial to the Swedish consul of burg to cause a vessel to be rethe district to which the place into leased, whiclı, taken by one of the which his ship is taken belongs. ships of war of his Britannic majesty,

14. Every captain of a Swedish had been compelled, in order to merchantman, who strictly observes avoid the dangers of the sea, to the above regulations and orders, enter that port, he thought it his shall enjoy a free voyage, protected duty to demand an audience of his by the laws of nations and the pro- excellency count Haugwitz, mivisions of treaties; and to this end, nister of state and of the cabinet, all public agents and Swedish con- for the purpose of obtaining insuls are required, in case of attack formation with respect to that afor insult, to give their support to fair. the just and well founded com- He received from his excellency plaints on the subject. But those the assurance that the intentions of who in any point whatever neglect his Prussian majesty were in no or violate their orders, must answer view hostile or contrary to the infor the consequences of their con- terests of Great Britain; but that duct, without relying upon the pro- the occupation of Cuxhaven had for tection of his majesty.

its principal object the maintenance 15. By the contents of a recent of the authority of his Prussian ma. order, his majesty lias prohibited jesty, in his character of chief and the privateers of a foreign nation to protector of the neutrality of the enter, or bring their prizes into the north of Germany, and that it was ports of his kingdom, except in case conducted with the consent of the of their being driven in bị stress of city of Hamburg itself. weather. In this case it is expressly Lord Carysfort, not being exprohibited to all whatsoever to buy actly acquainted with the circumthe prizes, or any of the effects stances under which the vessel in which the privateers have taken. question found itself, deferred, to

To which end, publication, &c. another occasion, the observations

Given at St. Petersburg, 23d which he might have wished to subDecember, 1800.

mit to his excellency. He has now (Signed)

grounds to believe, that, laden with GUSTAVUS ADOLPHUS.

contraband goods, it was captured by one of his Britannic majesty's ships as it was entering into the

Texel; that is to say, into a port First Note of Lord Carysfort to Count belonging to the enemies of his ma

Haugwitz. Berlin, Nov. 16, 1800. jesty; and that it was restored as The instant lord Carysfort, en.

soon as the officer who had the voy extraordinary and minister ple. charge of it could be informed of nipotentiary of his Britannic ma- the orders of his superiors. jesty, learned that his Prussian ma- With respect to the occupation jesty was preparing to order a de- of the town of Cuxhaven by the tachment of his troops to enter Cux- Prussian troops, which must have

(1 3) been

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