gerent right, it would follow that the same, or any other neutral power, might, by means of the smallest vessel of war, protect the entire commerce of the enemy of Great Britain. It would be sufficient to find one neutral state, however inconsiderable, disposed to lend the protection of its flag to that enemy, to exclude all further examination. into the fraudulent abuse of the neutral character.

The negotiation was finally terminated by a convention, signed at Copenhagen on the 29th August, 1800, by which the question of right was reserved for ulterior discussion; the Danish frigate, and the vessels under her convoy, were restored; and it was agreed, that in order to prevent similar disputes, the Danish government should suspend the granting of convoy, until the question should be settled by a definitive convention."

1800.

Whilst this negotiation was going on, the Emperor of § 8. Armed Russia, who had separated himself, first from the alliance Neutrality of of Austria, and subsequently from that of Great Britain, proposed to the courts of Denmark, Prussia, and Sweden, to conclude a convention for the revival of the principles of the armed neutrality of 1780. This proposition was grounded principally upon the necessity of concerting on the part of the northern powers measures of defence against aggressions similar to that which it was alleged had been committed on the Danish frigate Freya; and the Emperor Paul no sooner heard of the arrival of a British fleet in the Sound, than he ordered a sequestration to be placed upon all British property in the Russian ports. The signature of the convention of the 29th August, between Denmark and Great Britain, induced him to retract this measure. But the refusal of the British government to deliver to him the possession of the island of Malta, which he claimed under an alleged agreement with that government, induced him to lay an embargo on all British vessels. Three trea

Martens, Recueil, tom. vii. pp. 133–150.

ties were signed at St. Petersburg, on the 16th December, between Russia and Sweden and between Russia and Denmark; and on the 18th, between Russia and Prussia; and as each of these powers acceded to the treaties of the others with Russia, they formed together a sort of quadruple alliance.

By the first article of these treaties, the contracting parties agreed to prohibit to their subjects all trade in contraband of war with any of the belligerent powers.

The second article confined the list of contraband to military stores, as stipulated in the armed neutrality of 1780 by reference to the treaty of 1766 between Great Britain and Russia. But it was provided, that this stipulation should be without prejudice to the particular stipulations in anterior treaties with the belligerent parties, by which objects of a similar kind are reserved, prohibited, or permitted.

The third article provided, that the list of contraband articles, being thus determined and excluded from neutral commerce, the contracting parties had resolved that all other trade should remain perfectly free. It was further declared, by the same article, that in order to provide a sufficient security for the general principles of natural law, of which the freedom of commerce and navigation and the rights of neutral nations are a direct consequence, they had determined no longer to suffer them to depend upon arbitrary interpretation suggested by isolated and temporary interests. With this view they had agreed:

1. That every vessel may navigate freely, 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 to determine what is meant by a blockaded port, this denomination is only to be given to that where there is, by the arrangement of the power which attacks it with vessels, stationed sufficiently near so that there is an evi

dent danger in attempting to enter it; and that any vessel, sailing towards a blockaded port, should not be considered as contravening the convention, unless, after having been notified by the commander of the blockading force of the existence of the blockade, she should still endeavour to enter the blockaded port by means of force or fraud.

4. That neutral vessels shall only be detained for just cause and evident facts, that they shall be adjudged without delay, that the procedure shall be always uniform, prompt, and legal; and that in every case, besides the damages awarded to the injured parties, complete satisfaction shall be given for the insult to the national flag.

5. That the declaration of the officers, commanding the public ships which shall accompany the convoy of one or more merchant vessels, that the ships of his convoy have no contraband articles on board, shall be deemed sufficient to prevent any search on board the convoying vessels or those under convoy.

The remaining articles provided for a joint armament to protect the neutral commerce of the subjects of the contracting parties, and for an eventual alliance, in case either of them should be attacked on account of these engagements.

The Danish government, at first, hesitated to ratify the treaty which had been signed by their ministers at St. Petersburg. It was already bound by the convention of Copenhagen to Great Britain not to grant convoys to its merchant vessels until the question should be finally determined between the two powers. An unconditional accession to the treaties of armed neutrality would seem to be a violation of its previous engagements with Great BriIn the mean time, the British minister at Copenhagen, by his note dated the 27th December, had demanded a clear, frank, and satisfactory answer upon the nature, objects, and extent of the obligations Denmark might have contracted, or the negotiations she was stil! pursuing with the other northern powers. Count Bernstorff, in his reply

tain.

to this note, of the 31st December, denied that the engagements his government was upon the point of contracting were hostile to Great Britain, or inconsistent with the previous convention of the 29th August. He asserted, that a conditional and temporary suspension of the exercise of a right could not be considered as an abandonment of the right which was incontestable, and for the maintenance of which the northern powers were about to provide by a mutual concert, which far from compromising their neutrality, was intended to confirm it.

The British government replied to this note by an order in council, dated the 14th of January, 1801, laying an embargo on all Russian, Swedish, and Danish vessels. Lord Grenville notified this order to the ministers of Denmark and Sweden, declaring that the new maritime code of 1780, now sought to be revived, was an innovation highly injurious to the dearest interests of Great Britain, and which Russia herself had renounced by the engagements contracted between her and Great Britain at the commencement of the then present war.

These measures decided Denmark to adhere unconditionally to the armed neutrality by a declaration published on the 27th February, 1801.

Great Britain continued to temporize, from motives of policy, with Prussia, the remaining party to the northern alliance. This did not however prevent the Prussian cabi net from co-operating with Denmark in shutting the mouths of the Elbe and the Weser, against British commerce. The Danish troops occupied Hamburg and Lubeck, whilst Hanover and Bremen were seized by Prussia. In the mean time, the war commenced between the Baltic powers and Great Britain by the battle of Copenhagen, April 2d, 1801, the result of which produced an armistice with Denmark. The death of the Emperor Paul dissolved the confederacy which had been formed under his auspices. The armistice with Denmark was extended to Russia and Sweden and the Hanseatic towns were evacuated by the Danish

and Prussian troops. The embargoes were raised on both sides, and a negotiation opened at St. Petersburg for regulating the points in controversy.

§ 9. Maritime convention of 1801,

This negotiation resulted in the signature of a convention between Great Britain and Russia on the 5th-17th of June, 1801, the preamble of which stated that: "The mu- between G. Britain, and tual desire of his majesty the King of the United Kingdoms, Russia. &c. and his majesty the Emperor of all the Russias, being, not only to come to an understanding between themselves, with respect to the differences which have lately interrupted the good understanding and friendly relations, which subsisted between the two states; but also to prevent, by frank and precise explanations upon the navigation of their respective subjects, the renewal of similar altercations and troubles, which might be the consequence of them; and the common object of the solicitude of their said majesties being to settle, as soon as can be done, an equitable arrangement of those differences, and an invariable determination of their principles upon the rights of neutrality, in their application to their respective monarchies, in order to unite more closely the ties of friendship and good intercourse, &c. have named for their plenipotentiaries, &c. who have agreed," &c.

"Art. I. There shall be hereafter between his imperial majesty of all the Russias, and his Britannic majesty, their subjects, the states and countries under their dominions, good and unalterable friendship and understanding; and all the political, commercial, and other relations of common utility between the respective subjects, shall subsist as formerly, without their being disturbed or troubled in any manner whatever.

"II. His majesty the Emperor, and his Britannic majesty declare, that they will take the most especial care of the execution of the prohibitions against the trade of contraband of their subjects with the enemies of each of the high contracting parties.

"III. His imperial majesty of all the Russias, and his