236 TREATY OF ARMED NEUTRALITY. APPENDIX TO CHAPTER XXIX. TREATY ON ARMED NEUTRALITY BETWEEN THE EMPRESS OF RUSSIA AND THE KING OF DENMARK; ACCEDED TO BY THE KING OF SWEDEN, AND THE STATES-GENERAL OF THE UNITED PROVINCES. Article I. Their respective majesties are fully and sincerely determined to keep upon the most friendly terms with the present belligerent powers, and preserve the most exact neutrality: they solemnly declare their firm intention to be, that their respective subjects shall strictly observe the Laws forbidding all contraband trade with the powers now being, or that may hereafter be, concerned in the present disputes. Article II.-To prevent all equivocation or misunderstanding of the word Contraband, their imperial and royal majesties declare, that the meaning of the said word is solely restrained to such goods and commodities, as are mentioned under that denomination, in the treaties subsisting between their said majesties and either of the belligerent powers. Her imperial majesty abiding principally by the X. and XI. articles of the treaty of commerce with Great Britain; the conditions therein mentioned, which are founded on the Rights of Nations, being understood to extend to the kings of France and Spain; as there is at present no specific treaty .of commerce between the two latter and the former. His Danish majesty, on his part, regulates his conduct in this particular, by the first article of his treaty with England, and by the 26th and 27th of that subsisting between his said majesty and the king of France, extending the provisions made in the latter to the Catholic king; there being no treaty ad hoc, between Denmark and Spain. Article III.-And whereas, by this means, the word contraband, conformable to the treaties now extant, and the stipulations made between the contracting powers, and those that are now at war, is fully explained; especially by the treaty between Russia and England, of the 20th of June, 1766; between the latter and Denmark, of the 11th of July, 1670; and between their Danish and most Christian majesties, of August 23d, 1642; the will and opinion of the high contracting powers are, that all other trade whatsoever shall be deemed, and remain free and unrestrained. Washington, pp. 65, 67, 70; Reed, Life of Joseph Reed, vol. ii., p. 325; Lossing, Field-Book of the Revolution, vol. i., p. 314. By the declaration delivered to the belligerent powers, their contracting majesties have already challenged the privileges founded on Natural Right, whence spring the Freedom of Trade and Navigation, as well as the right of Neutral Powers: and being fully defermined not to depend in future merely on an arbitrary interpretation, devised to answer some private advantages or concerns, they mutually covenanted as followeth : 1st. That it will be lawful for any ship, whatever, to sail freely from one port to another, or along the coasts of the powers not at war. 2nd. That all merchandize and effects belonging to the subjects of the said belligerent powers, and shipped on neutral bottoms, shall be entirely free; except contraband goods. 3d. In order to ascertain what constitutes the blockade of any place or port, it is to be understood to be in such predicament when the assailing power has taken such a station, as to expose to imminent danger, any ship or ships that would attempt to sail in or out of the said ports. 4th. No neutral ship shall be stopped, without a material and well-grounded cause; and in such cases, justice shall be done to them, without loss of time; and besides indemnifying, each and every time, the party aggrieved or thus stopped without sufficient cause, full satisfaction shall be given to the high contracting powers, for the insult offered to their flag. Article IV. In order to protect officially the general trade of their respective subjects, on the fundamental principles aforesaid, her imperial and his royal majesty have thought proper, for effecting such purpose, each respectively to fit out a proportionate rate of ships of war and frigates. The squadron of each of the contracting powers shall be employed in escorting convoys, according to the particular circumstances of the navigators and traders of each nation. Article V.- Should any of the merchantmen belonging to the subjects of the contracting powers, sail in a latitude where there shall be no ships of war of their own nation, and thus be deprived of the protection; in such case, the commander of the squadron belonging to the other friendly power shall, at the request of said mer TREATY OF ARMED NEUTRALITY. chantmen, grant them sincerely, and bona fide, all necessary assistance. The ships of war and frigates, of either of the contracting powers, shall thus protect and assist the merchantmen of the other: provided nevertheless, that, under the sanction of such required assistance and protection, no contraband shall be carried on, nor any prohibited trade, contrary to the Laws of Neutrality. Article VI.- The present convention cannot be supposed to have any relative effect; that is, to extend to the differences that may have arisen since its being concluded, unless the controversy should spring from continual vexations, which might tend to aggrieve and oppress all the European nations. Article VII.—If, notwithstanding the cautious and friendly care of the contracting powers, and their steady adherence to an exact Neutrality, the Russian and Danish merchantmen should happen to be insulted, plundered, or captured by any of the armed ships of privateers, belonging to any of the belligerent powers: in such case, the ambassador or envoy of the aggrieved party, to the offending court, shall claim such ship or ships, insisting on a proper satisfaction, and never neglect to obtain a reparation for the insult offered to the flag of his court. The minister of the other contracting power shall at the same time, in the most efficacious and vigorous manner, defend such requisitions, which shall be supported by both parties with unanimity. But in case of any refusal, or even delay in redressing the grievances complained of; then their majesties will retaliate against the powers that shall thus refuse to do them justice, and immediately agree together on the most proper means of making well-founded reprisals. Article VIII. In case either of the contracting powers, or both at the same time, should be in any manner aggrieved or attacked, in consequence of the present convention, or for any reason relating thereto; it is agreed, that both powers will join, act in concert for their mutual defence, and unite their forces, in order to procure to themselves an adequate and perfect satisfaction, both in regard to the insult put upon their respective flags, and the losses suffered by their subjects. Article IX.-This convention shall remain in force for and during the continuance of the present war; and the obligation enforced thereby, will serve as the ground-work of all treaties that may be set on foot hereafter: according to future VOL. III-16 237 occurrences, and on the breaking out of any fresh maritime wars which might unluckily disturb the tranquillity of Europe. Meanwhile, all that is hereby agreed upon, shall be deemed as binding and permanent, in regard both to mercantile and naval affairs; and shall have the force of Law, in determining the rights of Neutral Nations. Article X.-The chief aim and principal object of the present convention being to secure the Freedom of Trade and Navigation, the high contracting powers have antecedently agreed, and do engage to give to all other neutral powers free leave to accede to the present treaty, and, after a thorough knowledge of the principles on which it rests, share equally in the obligations and advantages thereof. Article XI.- In order that the powers, now at war, may not be ignorant of the strength and nature of the engagements entered into by the two courts aforesaid, the high contracting parties shall give notice, in the most friendly manner, to the belligerent powers, of the measures by them taken; by which, far from meaning any manner of hostility, or causing any loss or injury to other powers, their only intention is to protect the trade and navigation of their respective subjects. Article XII. This convention shall be ratified by the contracting powers, and the ratifications interchanged between the parties in due form, within the space of six weeks, from the day of its being signed, or even sooner, if possible. In witness whereof, and by virtue of the full powers granted us for the purpose, we have put our hands and seals to the present treaty. Given at Copenhagen, July the 19th, 1780. A. P. COMTE BERNSTORFF. H. EIKSTEDT. Acceded to, and signed by the Plenipotentiaries of the court of Sweden, at St. Petersburg, 21st of July, 1780: and by the States-General accepted, November 20th, 1780; and signed at St. Petersburg January 5th, 1781, with the addition only of article Article XIII. If the respective squadrons, or ships of war, should meet or unite to enact in conjunction, the command in chief will be regulated according to what is only commonly practised between the crown heads and the republic. 238 ARNOLD ARRIVES IN VIRGINIA, CHAPTER XXX. 1781. ARNOLD IN VIRGINIA: CORNWALLIS AND RAWDON IN THE CAROLINAS. Arnold goes to Virginia - Washington's ineffectual efforts to intercept him - Arnold's depredations in Virginia — General Phillips sent to Virginia - Battle of Petersburg-Lafayette placed in command of troops in Virginia Condition of the troops- Death of General Phillips - General Greene takes command of southern army Army divided - Morgan's attack on Ninety-Six - Battle of Cowpens Cornwallis pursues Morgan - The race between Greene and Cornwallis - Battle of Guilford Court House - Battle of Hobkirk's Hill American forces attack Orangeburgh, Fort Watson and Fort Mott Partisan warfare in Georgia Greene's attack on Ninety-Six - Army placed in summer quarters Battle of Eutaw Springs Close of the war in South Carolina. Meanwhile, Arnold had been sent by the British commander to devastate the Virginia coast and Washington was anxious to intercept him. Toward the middle of January, 1781, a storm overtook the British fleet off the east end of Long Island and so much damaged it as to render the French fleet greatly superior on the sea. The French admiral, Destouches, who had succeeded to the command of the fleet upon the death of DeTernay, was now induced to send a force to the Chesapeake to act against Arnold, but the ships returned without accomplishing anything save the capture of a 50-gun ship, the Romulus, on the way from Charleston to Chesapeake Bay. Washington himself then went to Newport, and on March 6, in conference with the French commanders, persuaded them to send the whole fleet to the Chesapeake with a detachment of troops aboard. Owing to unforeseen circumstances, however, the fleet did not depart until the 8th.* * On the preparations for this expedition see Washington now entertained great hope of apprehending Arnold, and ordered Lafayette, should he capture Arnold, to grant him no terms which would save him from the consequences of his crime.* But the delay in the departure of the French fleet frustrated Washington's designs, for the British were afforded an opportunity to repair the damage to their fleet and immediately set out in pursuit of the French. On March 16 the two fleets met off the coast of Virginia and an indecisive engagement occurred, each party claiming the victory. But the English were successful in their object, for they diverted the attention of the French and compelled them to return to Newport without in any way molesting Arnold.t Tower, Marquis de LaFayette, vol. ii., pp. 219227, 239. * See Washington's letter to LaFayette, Feb. 20, 1781,- Sparks' ed. of Washington's Writings, vol. vii., pp. 417-419. † Fisher, Struggle for American Independence, vol. ii., pp. 451-453; Tower, Marquis de LaFay ette, vol. ii., pp. 241-242. DEPREDATIONS OF BRITISH IN VIRGINIA. While these operations were taking place at the North, Arnold had landed at Westover on the James River, January 4, 1781. In command of the American troops in that part of the State was Baron Steuben, but he was unable to do more than remove the stores from Petersburg to a place of greater security. Immediately upon landing, Arnold marched toward Richmond, quickly dispersing a few regulars who tried to oppose his advance. Upon learning the object of Arnold, Steuben put forth every exertion to save the stores at Richmond and succeeded in removing the greater part across the river and to West Ham, at the head of the rapids." * There was little opposition to Arnold's entrance into Richmond. With 500 men he halted there and sent forward a detachment under Lieutenant-colonel J. G. Simcoe to West Ham, where a foundry, powder magazine, a boring mill, and a considerable quantity of provisions and military stores were destroyed. Simcoe then returned to Richmond, where the public property, together with large quantities of rum, salt, and other stores were destroyed.† Having completed the work of destruction at Richmond, Arnold returned to 239 Westover January 7, and on the 10th, after some skirmishing, reëmbarked. He then sailed down the river, on his way destroying the stores at Smithfield and Mackay's Mills.* On the 20th he arrived at Portsmouth, where it was his intention to establish a permanent camp. Arnold states his loss during the entire expedition at 7 men killed and 23 wounded.† At this time the troops under Baron Steuben were in no condition to take the offensive against Arnold. The American general could only post his troops at convenient places to prevent incursions of the British into the country, and to prevent the loyal element in the population from carrying provisions to the British, While Arnold lay at Portsmouth, Washington was putting forth every effort to capture him, but, as we have seen, the plan failed through the inability of the French to render effective aid.‡ The British now resolved to increase Arnold's force, and about the middle of March sent General Phillips (one of the officers captured with Burgoyne) from New York, in command of 2,000 picked men. Phillips arrived at Portsmouth on the 26th, and being the senior offi * See Steuben's letter of January 11, 1781, in Sparks, Correspondence of the Revolution, vol. iii., pp. 203-205; Lossing, Field-Book of the Revolution, vol. ii., pp. 237-238. Arnold, Life of Arnold, pp. 342-343. See also J. Austin Stephens, LaFayette's Expedition Against Arnold. Hildreth, History of the United States, vol. iii., pp. 339–341. 240 OPERATIONS OF GENERAL PHILLIPS. cer, took command of the British troops in Virginia. Phillips wasted no time in beginning offensive operations. He first completed the fortifications at Portsmouth, and then, on April 18, with 2,500 men sailed up the James River in order to destroy everything which entered Williamsburg without opposition. From that central point he dispatched small expeditions throughout the surrounding country to destroy all public stores and property which could be found. Having completed this work of devastation, he reëmbarked and sailed up the river to |