restraining the excesses of maritime warfare, and affording to the peaceful commerce of neutrals such a security as it never had possessed. The Empress was completely carried away by these representations so flattering to her pride and ambition. She ordered Panin to prepare a statement of the principles he had devoloped, to be communicated to the belligerent pow ers, as the rules to be observed for the security of Russian navigation and commerce, and to neutral states, as the basis of a league to be formed between them for the protection of neutral rights. the In the declaration of the Empress of Russia, which was § 15. Trinciaccordingly drawn up, under date of the 26th February, Armed Neuples of 1780, and communicated to the courts of London, Versail- trality. les, and Madrid, these rules are laid down as follows: 1. That all neutral vessels may freely navigate from port to port and on the coasts of nations at war. 2. That the goods belonging to the subjects of the pow ers at war shall be free in neutral vessels, except contraband articles. 3. That the Empress, as to the specification of the above mentioned goods, holds to what is mentioned in the 10th and 11th articles of her treaty of commerce with Great Von Dohm, Denkwürdigkeiten meiner Zeit, tom. ii. pp. 100-150. Memoire sur la Neutralité armée par M. le Comte de Goertz, page 104. This account given by the Count de Goertz of the history of the armed neutrality is confirmed by what the Empress Maria Theresa said to Baron de Breteuil, minister of France. "Il n'y a pas," lui dit elle à l'occasion de la neutralité armée ; " il n'y a pas jusq' à ses vues les plus mal combinées, qui ne tournent à son profit et à sa gloire; car vous savez sans doute que la déclaration, qu'elle vient de faire pour sa neutralité maritime, avait d'abord été arrêtée dans des termes et dans des vues absolument favorables à l'Angleterre. Cet ouvrage avait été fait par la seule influence de M. le Prince Potemkin, et à l'insu de M. le Comte de Panin; et cette déclaration, inspirée par l'Angleterre, était au moment de paroître, lorsque M. de Panin, qui en a été instruit, a trouvé moyen de la faire entièrement changer et de la tourner absolument en votre faveur." (Flassan, Histoire de la Diplomatie Française, tom. vii. p. 272, note.) Britain, extending these obligations to all the powers at war." 4. That to determine what is meant by a blockaded port, this denomination is only to be given to that where there is, by the arrangements of the power which attacks it with vessels, stationed sufficiently near, an evident danger in attempting to enter it.v Such was the origin of the first armed neutrality of 1780. It sprung from no enlarged and beneficient views of improvement in the maritime law of nations hitherto sanctioned by general practice. It was the accidental result of a mere court intrigue, and of the rivalry between two candidates for the favour of a dissolute, ambitious, and vainglorious woman. Catharine herself had a very imperfect idea of the immense importance of the measure she had adopted, and of the effects it might produce. So ignorant was she of commerce, that she flattered herself with having at once vindicated her own honour, and shown her strong regard for Great Britain. Panin took care not to undeceive her, and fearing that his intrigue might fail, begged she would not communicate with any one until the couriers were sent off with the declaration. But she could not refrain from saying confidentially to the British ambassador that there would soon be delivered in her name to all the belligerent powers a manifesto which would be completely satisfactory to the British government; and condescended even to give him leave to communicate thus much to his The communication which he accordingly made raised its expectations to the highest pitch, and the disap court. u The treaty of amity and commerce of 1766 between Great Britain and Russia, art. 10, restricts contraband to "munitions of war ;" and the 11th article defines these to consist of "canons, mortiers, armes à feu, pistolets, grenades, boulets, balles, fusils, pierres-à-feu, mêches, poudre, salpêtre, souffre, cuirasses, piques, épées, ceinturons, poches à cartouche, selles et brides, au delà de la quantité qui peut être nécessaire pour l'usage du vaisseau, etc." (Martens, Recueil, tom. i. p. 395.) ▾ Annual Register, 1780, p. 347. Schoell, iv. 37. pointment was proportionably greater when it learnt the true nature of the measures adopted by the Russian cabinet. the Russian The British government dissembled its resentment, and Answer of replied to the Russian declaration with cold dignity, that G. Britain to his majesty had hitherto acted towards neutral powers declaration. "comformably to the clearest principles generally acknowledged as the law of nations, being the only law between powers where no treaties subsist, and agreeably to the tenor of his different engagements with other powers, where those engagements have altered this primitive law by mutual stipulations proportioned to the will and convenience of the contracting parties ;"-and that "strongly attached to her majesty the Empress of all the Russias by the ties of reciprocal friendship and common interest, the king, from the commencement of those troubles, gave the most precise orders respecting the flag of her imperial majesty and the commerce of her subjects, agreeably to the law of nations, and the tenor of the engagements stipulated by his treaty of commerce with her, and to which he shall adhere with the most scrupulous exactness.w Answer of The court of Spain answered the Russian declaration by professing its determination to respect the neutral flag of Spain. all the powers that had consented, or should consent to defend it, until his catholic majesty ascertained what part Great Britain should take, and whether its navy and privateers would keep within due bounds. And to show to all the neutral powers how much Spain was desirous of observing, in time of war, the same rules of which she had claimed the observance whilst neutral, his majesty conformed to those laid down by Russia; "with the understanding however that with regard to the blockade of Gib * Answer of Great Britain, April 23d, 1780, to the declaration of the Empress of Russia. (Annual Register, 1780, p. 349.) Of France. Answer of the Danish no, tification. raltar, the danger of entering subsists as determined by the 4th article of the said declaration."x The court of France answered, that the principles laid. down by Russia were no other than the rules already prescribed to the French navy, the execution of which was maintained with an exactness known and applauded by all Europe. "The freedom of neutral vessels, restrained in a few cases only, is a direct consequence of natural law, the security of nations, and the consolation even of those who are afflicted by the scourge of war. The king has therefore been desirous to procure, not only to the subjects of her majesty the Empress of Russia, but to all other states which continue neutral, the freedom of navigation on the same conditions with those announced in the declaration, to which his majesty this day replies. The king believed that he had already advanced the general good, and prepared a glorious epoch of his reign, in establishing by his example those rights which every belligerent ought and must recognize as belonging to neutral vessels. This hope has not been vain, since the Empress, whilst engaging to observe the most exact neutrality, has declared in favour of that system which the king sustains at the price of the blood of his people, whilst she claims the same laws which his majesty would make the basis of the universal maritime code."y Denmark and Sweden concurred in approving the principles of the Russian declaration, and notified their concur rence to the belligerent powers. Great Britain answered to the Danish notification, that G. Britain to during the whole course of the present war with France and Spain, she had constantly respected the rights of all friendly and neutral powers, according to subsisting treaties, and according to the clearest and most generally recognized Answer from the King of Spain signed by Florida Blanca, April 18th, 1:80. Martens, Recueil, tom. iii. p. 164. ed. 1818. Answer of France, April 25th, 1780. Martens, Recueil, tom. iii. p. 162. principles of the law of nations,-common to all nations ments.z den. To the notification of Sweden the British cabinet an- To the notifiswered in a similar manner, with a special reference to the cation of Swestipulations of the existing treaties between the two countries, which were clear and formal, and could not be changed without the mutual consent of the contracting parties. As such, they would be observed by Great Britain, as a sacred and inviolable law.a Denmark and Russia concluded at Copenhagen on the 9th July, 1780, the convention of armed neutrality for the Réponse de la Cour de Londres à la Déclaration Danoise du 8 Juilliet, 1780. (Martens, Recueil, tom. iii. p. 182) "Le 12 article du traité de 1661 réglant la forme du certificat dont les vaisseaux doivent être munis, en donne cette raison: "Ne vero libera ejus modi navigatio, aut transitus fœderati unius, ejusque subditorum ac incolarum, durante bello alterius fœderati, terra marive cum aliis gentibus, fraudi sit altero confœderato, mercesque et bona hostilia occultari possint. "Le même article contient une stipulation précise et formelle. La voici: "Si hostis bona in confœderati navigio reperiantur, quod ad hostem pertinet, prædæ solum modo cedat, quod vero ad confœderatum illico restituatur. "Le traité de 1666 prescrit le même certificat, et en donne les mêmes raisons. Réponse de la Cour de Londres à la déclaration de S. M. Suédoise. (Martens, Recueil, tom. iii. p. 188.) |