or even on board his vessels at sea, which is to be as immediatelyand totally under his protection as is possible,-that these are not liable to confiscation, but shall be restored to the neutral owners. The doctrine laid down by Grotius, in the "De Jure Belli ac Pacis," on this point, has never been refuted, but has, on the contrary, been adopted by subsequent writers. England herself has never gone to the extent of condemning vessels upon the mere ground of their having been taken under enemies' convoy; but she has captured them in that situation, and acquitted them."

But

These vessels were condemned by the Danes, on the pretence, either that the property was English, the papers false, or that pretended certificates of origin were shown as given by the French consuls in America, when the French government had caused official notice to be given to the Danish government, on the 22d of September 1810, that the French consuls were forbidden from furnishing certificates. upon proof being presented, that the French consuls in America did actually give certificates, till the 13th of November, the Danish government immediately released all vessels furnished with them of a prior date.* As to the convoy cases, the Danish government considered, that this circumstance deprived them of their original character of neutrality. "He who causes himself to be protected, by that act ranges himself on the side of the protector, and thus puts himself in opposition to the enemy of the protector, and evidently renounces the advantages attached to the character of friend to him, against whom he seeks protection. If Denmark should

* Official statement of June 23, 1811.

Captures in 1809,

Condemnations,

Captures in Norway in 1810,

Pending of do. in High Court, 8, and not one finally condemned. Captures in Danish islands, in 1810, 68

abandon this principle, the navigators of all nations would find their account in carrying on the commerce of Great Britain under the protection of English ships of war, without running any risk. We every day see that this is done, the Danish government not being able to place in the way of it sufficient obstacles." To this arbitrary, and obviously most unjust doctrine, the American government could never accede. But Denmark still continued to enforce it; and not only the vessels, already condemned, were not released, but all captures of American vessels, under English convoy, were held to be legal. Great difficulties having arisen in the examination of the cases as to jurisdiction, the French government proposed, that the prizes, taken by privateers with French commissions, should be transferred to Paris, But to this the Danish government would not consent. None of the vessels condemned in 1809 or 1810 were released. No further interruption being given to American commerce in the Baltic, and no hope remaining that the condemned cases would be revised, Mr. Erving left Copenhagen in April 1812, for Paris, leaving Mr. Forbes as an agent for the American claims. On the whole, this business terminated more favourably than could have been expected. The Danish government conducted with more justice than most of the other European states against whom this country has claims, the condemnations being few in proportion to the captures. We cannot doubt, that some illegal trade was carried on under the American flag at that time. Indeed, we are officially informed of that fact, in a memorial of American ship masters in 1809, who had been taken and carried into Christiansand.

In April 1826 Mr. Clay, secretary of state, negotiated at Washington with the Chevalier Peter Pedersen, the Danish minister resident, a convention to regulate the trade, and navigation of the two countries. It is on the principle of reciprocity of tonnage and importation duties and charges with the exception of certain possessions belonging to Denmark; we give the principal provisions in a note.*

"ART. 2. The contracting parties being likewise desirous of plac

Mr. Pedersen left this country after the ratification of this convention, when he was succeeded by Stein Bille, a chargé d'affaires. In 1827 Henry Wheaton of New-York, was ap

ing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens and subjects of each may frequent all the coasts and countries of the other, (with the exception hereafter provided for in the sixth article) and reside and trade there in all kinds of produce, manufactures and merchandise; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting themselves to the laws, decrees and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.

"ART. 3. They likewise agree that whatever kind of produce, manufacture, or merchandise, of any foreign country, can be, from time to time, lawfully imported into the United States, in vessels belonging wholly to the citizens thereof, may be also imported in vessels wholly belonging to the subjects of Denmark; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And, in like manner, that whatever kind of produce, manufacture,or merchandise, of any foreign country,can be, from time to time, lawfully imported into the dominions of the King of Denmark, in the vessels thereof, (with the exception hereafter mentioned in the sixth article) may be also imported in the vessels of the United States; and that no higher or other duties upon the tonnage of the vessel or her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other. And they further agree, that whatever may be lawfully exported or reexported, from the one country in its own vessels, to any foreign country, may in like manner, be exported or reexported in the vessels of the other country. And the same bounties, duties and drawbacks, shall be allowed and collected, whether such exportation or reexportation be made in vessels of the United States or of Denmark. Nor shall higher or other charges of any kind be imposed, in the ports of one party, or vessels of the other, than are, or shall be, payable in the same ports by native vessels.

“ART. 4. No higher or other duties shall be imposed on the impor

pointed a chargé to Denmark. We understand, Mr. Wheaton has succeeded in making an arrangement, by which all claims on that country have been settled.

tation into the United States of any article, the produce or manufacture of the dominions of his majesty the king of Denmark; and no higher or other duties shall be imposed on the importation into the said dominions of any article, the produce or manufacture of the United States, than are, or shall be payable on the like articles, being the produce or manufacture of any other foreign country. Nor shall any higher or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to the dominions of his majesty the king of Denmark, respectively, than such as are, or may be, payable on the exportation of the like articles to any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufacture of the United States, or of the dominions of his majesty the king of Denmark, to, or from, the territories of the United States, or to or from the said dominions, which shall not equally extend to all other nations.

"ART. 5. Neither the vessels of the United States nor their cargoes shall, when they pass the Sound, or the Belts, pay higher or other duties than those which are or may be paid by the most favoured nation.

"ART. 6. The present convention shall not apply to the northern possessions of his majesty the king of Denmark; that is to say, Iceland, the Ferroé Islands, and Greenland, nor to places situated beyond the Cape of Good Hope, the right to regulate the direct intercourse with which possessions and places is reserved by the parties respectively. And it is further agreed that this convention is not to extend to the direct trade between Denmark and the West India colonies of his Danish majesty, but in the intercourse with those colonies, it is agreed that whatever can be lawfully imported into or exported from the said colonies in vessels of one party from or to the ports of the United States, or from or to the ports of any other foreign country, may, in like manner, and with the same duties and charges, applicable to vessel and cargo, be imported into or exported from the said colonies in vessels of the other party.

"ART. 7. Both parties may dispose of their effects or remove them on paying the usual duties of their respective nations.

"ART. 8. Consuls and Vice Consuls.

"ART. 9. Rights, privileges, &c. of the same.

"ART. 10. Concerning Consuls.

"ART. 11. Convention to be in force for ten years."

CHAPTER XIII.

TREATIES OF 1783-1816-1828 WITH SWEDEN.

Sweden, only power that voluntarily offered its friendship to Congress of confederation-No applications specially made to Northern Powers in early part of war-. -M. de Creutz offered in '82 to make a treaty-Treaty of Paris of '83-Provisions similar to that of Netherlands-No minister till 1813-M. de Kantzow--Jonathan Russell of Massachusetts-Demand for property confiscated at Stralsund-Relations friendly with Sweden-Russell makes treaty in 1816 with Sweden-Renews the subject of the claims-CorrespondenceSettled by private contract-Mr. Hughes and Mr. Appleton, chargés -Treaty of 1827-Stackelberg charge from Sweden.

SWEDEN is the only power in Europe, that, voluntarily, offered its friendship to the United States. Without being solicited, proposals were made for a treaty before the independence of the colonies was even recognised by Great Britain. A general authority was given to the commissioners abroad, Franklin, Adams, Jay and Laurens to conclude treaties of amity and commerce, but in the early part of the revolution war, Congress did not direct applications specially to be made to any of the northern powers. And most of the other courts, to whom agents were sent, either refused to receive them, or contrived, under some pretext or other, to avoid all appearance of giving aid or countenance to the American confederacy. This caution or indifference cannot be matter of censure or surprise. Few European courts probably thought, at the commencement of the revolution, that the colonies could prevail; few chose to take the risk of involving themselves in a maritime war with England. With the name of colonics, weakness and subjection were then naturally associated.

The conduct of Sweden was marked with frankness, and