to be paid on the fame footing, and in the fame manner, as ftipulated in the fubjoined articles.

Art. 2. The whole corps, as well as the general appointed by his electoral highness for its command, fhall be under the orders of that generalin-chief of the united armies whom his Britannic majefty fhall mention for that purpose. They fhall, in every particular, be treated upon the fame footing as the troops of the power in whofe army they fhall act. The faid corps fhall be entirely independent of thofe troops which his electoral highnefs has be fides to furnish to the army of the empire as a contingent.

Art. 3.-12. To defray the expenfes of raifing and equipping them, his Britannic majefty pays for every exercised and equipped horfeman 80 dollars banco, and for every equipped and exerciled foot foldier 30 dollars banco, the banco dollar at 4s. 94d. The corps fhall march eight days after it fhall have been requefted.

As from the interrupted communication between England and the continent, the negociations of the prefent treaty have been greatly protracted, the pay of the troops fhall commence from the 28th of January of the prefent year. The whole maintenance of the corps fhall be on the fame footing as that of the imperial armies. In cafe his Britannic majefty fhould think it advifable to difpenfe with the fervice of this corps, he will pay the fubfidies for the remaining time of the duration of the treaty, on the bafis of the treaty of fubfidies with HeffeCaffel, of the 10th of April, 1793, and over and above one month's pay and emoluments. The deferters from the troops of Mentz fhall

be delivered, up, and fuch of the troops as fhall be made prifoners of war are to be exchanged in the fame manner as other troops in English pay. His electoral highnefs will always keep the number of the troops complete. The British commiffary may frequently review the troops, and demand reports of their fiate. His Britannic majefty pays 30 rix-dollars banco for every recruit, to recomplete the corps, deferters excepted. Artillery, and other warlike ftores, that fhall be loft before the enemy, are to be replaced at the expense of his Britannic majefty.

Art. 13. His electoral highness promifes not to enter into negociations with France, as long as the prefent treaty fhall be in force, unknown to his Britannic majesty, but, fhall communicate to his majesty, or to the commiffioners authorized by him for that purpose, all communications and proposals made to him on that head.

In cafe the prefent article fhould not be obferved, his Britannic majefty fhall no longer confider himself bound to fulfil fuch other engagements which would still remain to be executed, and will be fully authorized to confider as null and void every thing agreed upon in the prefent treaty. His Britannic majesty, on his part, promiles, during the term of the prefent treaty, not to conclude a peace with France, without including in it his electoral highnefs, and regulating his interest by means of it.

Art. 14. His Britannic majefty promifes to be mindful of the fecurity of the territories and poffeffions of his electoral highness, and as far as depends on him, and the circumftances of the war and the good of

the

that we are already agreed on them. The facts are, that the English frigate met the Danish frigate in open fea, having under her a convoy of veffels. The English commander, thinking it proper to exercife the right of vifiting this convoy, fent on board the Danish frigate, demanding from the captain his destination. The latter having anfwered, that then he was going to Gibralter, it was replied, that fince he was going to ftop in that bay, no vifit fhould be paid to his convoy, but that if he did not mean to caft anchor there, the vifit fhould be paid. Captain Van Dockum then informed the of ficer who went on board him, that he would make refiftance to fuch a ftep. Upon this anfwer, the Engglith commander made the fignal for examining the convoy. A boat from the Emerald frigate was proceeding to execute this order: a fire of mufquetry from the Danish frigate fell upon them, and one of the English failors was feverely wounded. This frigate alfo took poffeffion of a boat of the English frigate the Flora, and did not release it till after the English commander had given captain Van Dockum to understand, that if he did not immediately give it up, he would commence hoftilities. The Danish frigate then went with her convoy into the bay of Gibraltar. There fome difcuffion took place on this affair, between lord Keith, admiral and commander-in-chief of his majesty's naval forces in the Mediterranean, and captain Van Dockum, whom lord Keith could not but confider as perfonally refponfible, and guilty of the injury done to one of his majefty's fubjects, not thinking it poffible that this captain could have been authorised by inftruc

tions from his court. To clear up this point, admiral Keith fent an of ficer to captain Dockum to entreat him to fhow, and to explain the na ture of his inftructions; but he faid to the officer, that they were in fubftance, that he fhould not permit his convoy to be vifited, and that, in firing upon the boats, he had only difcharged his orders. The fame captain afterwards made a fimilar reply, upon his word of honour, in fpeaking with lord Keith, and in the prefence of the governor of Gibraltar; but he promifed at the fame time to appear before the judge, and to give fecurity for his appearance; and upon this promife he was told that he might return on board. Having entered his boat he fent a letter to the admiral, in which he refused to give the neceffary fecurity. Thefe difcuffions were terminated by a declaration which lord Keith made to captain Van Dockum, that if he failed to furrender himfelf, thus withing to fruftrate justice, the affair fhould be reprefented to his court.

Such, fir, is the ftate of facts which have given rife to the complaint that I am commiffioned to urge to the Danish government. I flatter myself that you will find it correct and conformable to what is ftated in the correspondence between lord Keith and captain Van Dockum, of which, as you did me the honour to tell me, you are in poffeffion.

The right of vifiting and examining merchant ships in open sea, of whatever nation they may be, and whatever may be their cargoes and deftination, is confidered by the British government as the inconteftible right of every nation at war-a right founded on the law

of

of nations, and which has been generally admitted and recognited. It follows, therefore, that the refiftance of a commander of a fhip of war, offered by a power at amity, muft neceffarily be confidered as an act of hoftility, and fuch as the king perfuades himself cannot be enjoined to the commanders of the fhips of war of his Danish majefty in their inftructions. His Britannic majefty, therefore, entertains no doubt that his Danifh majefty will have felt much difpleasure at hearing of this violent and infupportable conduct on the part of an officer in his fervice; and the king is perfuaded of the alacrity with which his Danish majefty will af ford him that formal difavowal and that apology which he has fo good a right to expect in such a cafe, together with a reparation proportioned to the nature of the offence committed.

I am fpecially commiffioned, fir, to demand of you this difavowal, apology, and reparation. The confidence which I muft feel in the known juftice of his Danish majefty, leads me to hope that this fimple and amicable reprefentation will be fufficient to obtain it with that difpatch which fo important a cafe requires; but I muft not at the fame time conceal from you, that, great and fincere as is the defire of the king, my mafter, to maintain and cultivate the moft ftrict harmony and friendship with the court of Denmark, nothing fhall induce him to depart from this juft demand.

(Signed) Anth. Merry.

Reply of the Danish Minifler to the

above Note of Mr. Merry. Both custom and treaties have no doubt conferred on the bellige

rent powers the right of fearching neutral veffels, not under convoy, by their fhips of war, &c.; but as this right is not a natural one, but merely conventional, its effects cannot be arbitrarily extended beyond what is agreed to and conceded, without violence and injuftice. But none of the maritime and independent powers of Europe, as far as the underfigned has obferved; have ever acknowledged the right of permitting neutral fhips to be fearched, when escorted by one or feveral fhips of war; and it is evident they could not do fo without expofing their flag to degradation, and without forfeiting a certain effential proportion of their own rights.

Far from acquiefcing in thefe pretenfions, which at prefent are no longer acknowledged, most of thofe powers have been of opinion, fince this question has been stirred, that they ought to hold out an oppofite principle in all their conven. tions refpecting objects of this na ture, in conformity with a number of treaties concluded between the moft refpectable courts of Europe, which contain proofs of the propriety of adhering to that principle.

The diftinction attempted to be established between fhips with and without convoy, is moreover equally juft and natural for the former cannot be fuppofed to be in the fame predicament as the latter.

The fearch infifted upon by the privateers or flate fhips of the bel ligerent powers, with refpect to neutral bottoms not accompanied by convoy, is founded on the right of acknowledging their flag, and of examining their papers. The only queftion is to afcertain their par

tiality

tiality and the regularity of their inftructions. When the papers of these ships are found in ftrict order, no farther examination can be legally enforced; and it is confequently the authority of the government, in whofe name these documents have been drawn up and if fued, that procures for the belligerent power the required fecurity.

But a neutral government, in efcorting by the armed fhips of the ftate, the commercial fhips of the fubject, thereby alone holds out to the belligerent powers a more authentic and pofitive pledge than that which is furnished by the documents with which these ships are furnished. Nor can a neutral government, without incurring difhonour and difgrace, admit, in this refpect, the leaft doubt or fufpicion, which must be as injurious to that government as they would be unjuft on the part of those who fhould entertain or manifeft them.

And if it were to be admitted as a principle, that the convoys granted by a fovereign do not fecure fhips of his fubjects from being vifited by the ftate fhips or privateers of foreigners, it would follow that the most formidable fquadron fhould not have the right of relieving from a search the hips intrufted to its protection, if that fearch was exacted by the most pitiful priva

teer.

But it cannot be reasonably suppofed that the English government, which has uniformly, and on the moft juft grounds, fhewn a marked jealouly for the honour of its flag, and who in the maritime wars, in which it has taken no part, has nevertheless afferted with vigour the rights of neutrality, would ever confent, fhould fuch circumstances ocVOL. XLII.

cur, to an humiliating vexation of that nature; and the king of Denmark repofes too much confidence in the equity and loyalty of his Britannic majefty to harbour a fufpicion that it is his intention to ar rogate a right which, under fimilar circumftances, he would not grant to any other independent power.

It leems fufficient to apply to the fact in question, the natural refult of thefe obfervations, in order to make it evident, that the captain of the king's frigate, by repulfing a violence which he had no right to expect, has done no more than his duty; and that it was on the part of the English frigates, that a violation of the rights of a neutral fovereign, and of a power friendly to his Britannic majefty, has been committed.

The king had hefitated to fignify any formal complaint on this head, as long as he regarded it as a mifconception which might have been done away by amicable expla nations between the refpective commanders of the naval force which the two governments kept up in the Mediterranean; but feeing himself, much to his regret, difappointed in that hope, he has only to infift on the reparation that is due to him, and which the justice and the friendfhip of his Britannic majefty seem juftly to be called upon to fecure to him. (Signed)

C. Bernstorff.