sworn that whilst the vessel lay at Swinemunde she had communication with the English, and was to have gone under their Should this declaration prove to be correct, yet I preconvoy. sume that she cannot therefore be condemned. The French minister does not however find himself authorized to release her, but he momentarily expects orders from his government on the subject. The papers of the vessel are in my possession.

In my dispatch No. 10, I mentioned that of the cases which were pending on my arrival in Copenhagen, the "Minerva Smith," Mann, only remained to be adjudged, and that I had sought to delay it for the purpose of procuring, and in the hope of introducing before the tribunal, some further evidence. A part of the evidence to which I referred was soon afterwards received from England, and laid before the minister of state in a note of December 13th; a copy (No. 6) is inclosed, as it serves to explain the peculiar difficulties under which this, a property of very great value, was placed. No change having been produced by this representation in the opinion of the high court, I obtained that the case should be laid before the Danish chancery; and the report of that body not being sufficiently full and satisfactory, the case was transferred to the Sleswic Holstein chancery (on the king's own suggestion), as Kiel, where the vessel was taken, being within the jurisdiction of that chancery, the affair was not properly cognizable by the Danish chancery. These various operations consumed a great deal of time; but finally, towards the latter end of February, the Sleswic Holstein chancery produced a very laborious and voluminous report in favour of the case, pursuant to which his majesty ordered the high court to pass sentence of acquittal.

With my aforementioned dispatch, No. 10, was transmitted a copy of a note to Mr. de Rosenkrantz (of September 28), respecting the then pending cases generally. Still further to promote the object of it, I again addressed him on November 3d, and, in the progress of the business, perceiving that the high court had lost nothing of its disposition to condemn, and had actually determined to sacrifice one of the clearest cases in the whole list (the " Brutus"), on the 13th December, I thought it necessary to require that its proceedings should be arrested, and its opinions submitted to the king through his chancery (those two notes are Nos. 7 and 8 of the inclosed); the necessary order was immediately given, and thus two or three cases were saved from condemnation. But though the But though the report of the chancery on the case of the "Brutus" was favourable, that vessel was finally condemned; the particular circumstances of her case will be seen in my note to Mr. de Rosenkrantz of April

10th, and the sentence of the tribunal (No. 7 B and 8 B of the inclosed papers).

At the date of the said dispatch No. 10, there were ten cases depending, exclusive of French captures, and inclusive of the "Hannah" and "Two Generals," double captures, as appears by the list which was therewith transmitted. In dispatch No. 11, I mentioned the release of the "Horace" and "Augustus, two of the list, so that there were at that time only six cases of simple capture depending. I have now the satisfaction of informing you that the whole of these have been acquitted, the "Brutus" as above mentioned only excepted. The "Hannah" and "Two Generals" must, I fear, be determined in Paris. The French government has proposed to the Danish that, without reference to these questions of jurisdiction, which have always been found so difficult to arrange to the satisfaction of all parties, the simple rule shall be adopted of determining the question of prize in the tribunals of the country to which the captor may belong, in all cases where he may possess himself of the captured vessel's papers. This proposition has not been, nor do I believe that it will be, acceded to by the Danish government; yet, sir, you will readily perceive, that if the French government should persist, there can be very little expectation of our obtaining from this, the release of a vessel which may have been condemned by the council of prizes. There is even some reason to apprehend that it will so persist, since the French consul has now received orders from the minister of marine to transmit to Paris the papers of the ship "Olive Branch," which, as mentioned in my dispatch No. 12, was seized under the very guns of the fort of Nyborg, and this case is peculiarly strong, since the "Olive Branch" had his Danish majesty's licence on board. But I must in this place also mention that my correspondence with Mr. Desaugiers (lately French charge d'affaires here), which was submitted to you with dispatch No. 8, having been also submitted to his government, he is now answered by the duke of Bassano, in terms strongly reprehending the excesses of the corsairs in general, and particularly reproving their practice of hoisting the French flag on board the vessels captured, of which he strictly forbids the recurrence.

The "Rachel," "Rover," and "Packet," three vessels (on the pending lists heretofore transmitted) which have been released, being partly laden with "colonial produce," were, pursuant to the established regulations with regard to vessels so laden, ordered to quit the port and to proceed on their voyages; the French privateers were then watching for, and would infallibly have captured them on their departure. The copies here

with inclosed, viz. my notes to Mr. de Rosenkrantz of November 27, 28, and 29 (Nos. 9, 10, and 11), Mr. de Rosenkrantz his unofficial note of December 1st (No. 12), my reply of same date (No. 13), Mr. de Rosenkrantz his official note of December 2d (No. 14), relate to this matter, which you will be pleased to observe was very satisfactorily settled.

The last list of vessels which had passed this way, was dated October 9; since then few scattered vessels have presented themselves, viz.

The "Dolphin," Latham, "America," Briggs,

from Petersburg to the United States, passed without interruption.

"Ann," How, arrived safely at Christiansand.

"Sally," Brown, turned away from Amsterdam by the English, continued her voyage towards this place, and was wrecked on the coast of Jutland.

“Adriana,” Abrahams, of Baltimore, belonging to Smith & co. with a cargo of hides, convoyed by the Danes from Gottenburg to Copenhagen (having Danish license), cargo sold in Copenhagen, and re-convoyed to El

sineur.

“Columbia,” Jennison (owners unknown), from St. Ubes with salt, much under the same circumstances.

"Swanwick," Clark, with a cargo of tobacco, property of Pratt and Kintzing, of Philadelphia, do. do.

a Asia," Ormsby (Brown and Ives, of Providence), with 3500 chests of tea, arrived at Gottenburg some months since, in her voyage from thence to Copenhagen, captured by a Danish privateer, but immediately released, having the king's permission to come hither and sell. This completes the account of our trade for the last year, as far as particulars have come to my knowledge. In my dispatch No. 12, I transmitted certain statements relating to that trade`; triplicate of those statements were sent with No. 14, with the addition of a printed tariff of the duties payable on all merchandize passing through the Sound: a duplicate of the tariff is herewith inclosed. I have lately seen a printed statement of our exports from Petersburg during the last year, made by a commercial house of that place. It agrees in general with the document No. 3, inclosed with my aforesaid dispatch. It is, however, more complete as to the number of vessels, including all those which went up through the Belt, and gives a total of 127 (noting that in 1810, the total was 100 only), but states that 29 of the 127 were bound to European ports, having as part of their cargoes 23,615 poods of flax! Most of these 29

probably returned through the Belt; such as passed the Sound must have had false clearances. In the course of judicial investigations the Danes have already discovered, as is supposed, sufficient grounds of distrusting the character of our commerce : such printed information from what is called a "respectable American house" at Petersburg, recommending itself to its correspondents by this species of industry, cannot fail to augment that distrust.

All the old and new cases being now disposed of, I herewith inclose a table (No. 19) bringing the whole of them, and the proceedings which have been had on them, into one view. I beg you, sir, to observe, that of 38 cases of Danish capture ON THE LIST OF 1811, there have been only three appeals of the captors against the sentences of acquittal given by the inferior tribunal, so little have been their expectations of procuring final condemnation, and that excepting the three English and English license cases ("President," "Neptune," and "Aurora, there has been but one final condemnation, viz. the "Brutus."

I hope that upon the whole this view will be satisfactory to the president. Mr. de Rosenkrantz told me in an early interview, that the administration of justice was as impartial and as prompt here as in any other country; he added (referring to the dispositions of the king) that in future we should have nothing to complain of. How far his assertion was correct, or his mise has been complied with, I will not presume to determine; but I must do that minister the justice to say that he spoke with perfect sincerity, and under impressions the most just and friendly, and to believe, that where the results fall short of our expectations, it has not been from any failure of those dispositions.

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I have taken occasion in former dispatches to mention, and in frequent representations to Mr. de Rosenkrantz to remonstrate, against the practices of fining and taxing vessels acquitted in the tribunals. These practices, nearly indiscriminate as they are, I found to be quite unreasonable, in their application frequently most unjust; yet, after all, for the amount of the exactions, they are not oppressive, perhaps had they been abolished altogether, we might not have had quite so many vessels captured; there would certainly have been more appeals, and might have been more condemnations. The lists herewith enclosed (paper marked No. 20) shew the sums which the cases have been charged under the several heads of costs, fines, and two per mille tax in the tribunals of Copenhagen: the two per mille goes to the king's coffer; the fine goes to the captor for his trouble in capturing, where he is supposed to have had just grounds of suspicion; the court expenses are invariable forty

rix dollars (equal to five and a half dollars) in each case. There are no other expenses but advocate's fees: here, as in all countries, the amount of these is settled by agreement between the council and the client; in the inferior tribunal no advocate is employed.

The situation of the masters of our vessels condemned here, was formerly made the more distressing, by the prosecutions to which they were exposed, on account of wages due to their sailors, the laws here compelling them to provide for their crews: these laws had been executed with great rigour, and large sums had been frequently adjudged to be paid by masters, who could scarcely find credit for their own subsistence. The consul had, by frequent representations, endeavoured to remedy this evil, but without success. When I came to act in this matter, I was answered, that if the master deceived the men by engaging them in a vessel which was not in fact American, as he pretended, it was but just that he should pay them, his sufferings then were chargeable only to his own misconduct: however, I finally obtained that it should be laid before the chancery; that tribunal, by a report of January 11, adopted by his majesty, decreed that "no law-suit regarding the wages due to North American mariners from their captains shall be admitted before the tribunals." I did not succeed in obtaining payment for the men out of the condemned vessel, but on this point thought it not prudent to go far.

With the most perfect respect and consideration, I have the honour to be, sir, your very obedient servant,

Sir,

GEORGE W. ERVING.

Mr. Monroe, Secretary of State.

No. 7. B.

Mr. Erving to Mr. de Rosenkrantz.

Copenhagen, April 10, 1812. In one of the first interviews which I had with your excellency, you assured me, on the part of his majesty, "That for the future the United States should have nothing to complain of." Fully relying then on the good faith and friendly sentiment in which this declaration was made, to those favourable dispositions of his majesty I have addressed all my subsequent reclamations; and the reports which I have, from time to time, submitted to my government, have corresponded to the harmony thus established in our proceedings. Judge then, sir, with what extreme concern and regret I now find myself under the necessity of protesting and reclaiming against a sentence of the high court of admiralty, grounded on the king's own deci

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