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tannic majefties, have in their names figned the prefent convention, and have affixed thereunto the feal of
Done at Vienna the 20th of
Treaty between the King of Great
E it known to all whom it may concern, that as his electoral highness of Mentz, as a member of the empire, and agreeably to his attachment to its conftitution, participates in the war which the Gere man empire has been forced to declare against France, for defending and maintaining its conftitution, and the integrity of its territory; and as his highness is convinced of the neceffity for gaining this falutary purpofe, not only of employing all the forces which the laws of the empire require of every state under the title of contingents, but alfo of ufing ftill greater means, the fooner to procure an honourable and lafting peace, which the occupation of a confiderable part of the electoral territories on the fide of France, and the repeated invafion of the remaining territories of his electoral highnels by the fame power, as well as the exhaufted ftate of his refources, effected by his extraordinary exertions for the good of the armies fighting in Germany for the general caufe, did not allow his electoral highnefs to do to the extent he might have wifhed, his electoral highnefs has applied to his Britannic majefty (likewile engaged in war with the fame enemy, in confequence of the attack made by
France), inviting his majefty to af fift his electoral highnefs in the execution of these measures, in a manner that might be thought the most effective. As his Britannic majefty on his part entertains fimilar fentiments with his electoral highnels, and wishes to give him a proof of his friendship, and of his defire to promote the juft and falutary object he has in view, his majefty has nominated Mr. Wickham his minister plenipotentiary and commiffioner, to adjuft the points relating to this important object; and his elec toral highness, on his part, has nominated count Spaur his privy counfellor, for the fame purpofe, who, having exchanged their full powers, have agreed on the following articles:
Art. 1. His electoral highness of Mentz offers to form a corps of 3464 men, infantry as well as cavalry (but fo that the latter fhall not conftitute above one-eleventh part of the whole corps), which is to be left at the difpofal of his Britannic majesty, to be employed by him in any part of Europe he fhould with it; and that for fo long as his majefty fhall take an active fhare in the war at prefent carrying on on the continent, and for three years, if after the expiration of that time, or fooner, fortunate events should procure to Europe the enjoyment of a folid and lafting peace. In the latter cafe, viz. if a continental peace thould be effected before the expiration of the three years, his Britannic majefty fhall be at liberty to difpenfe with the fervice of that corps, having made known to his electoral highnefs his refolution, three months beforehand, during which period the falary and other wages of the troops fall continee
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 highnels for its command, fhall be under the orders of that generalin-chief of the united armies whom his Britannic majetty fhall mention for that purpofe. 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 hall be entirely independent of thofe troops which his electoral highness has befides to furnish to the army of the empire as a contingent.
Art. 3.-12. To defray the expenles of raifing and equipping them, his Britannic majefty pays for every exercised and equipped horfe man 80 dollars banco, and for every equipped and exercifed foot foldier 30 dollars banco, the banco dollar at 4s. 94d. The corps fhall march eight days after it fhall have been requested.
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 ad vifable 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 HelleCaffel, 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 highness will always keep the number of the troops complete. The British commillary may frequently review the troops, and demand reports of their ftate. His Britannic majefty pays 30 rix-dollars banco for every recruit, to recomplete the corps, deferters excepted. Artillery, and other warlike flores, that fhall be loft before the enemy, are to be replaced at the expenfe 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 majefty, but fhall communicate to his majefty, or to the commiffioners authorized by him for that purpose, all communications and proposals made to him on that head.
In cate the prefent article fhould not be oblerved, his Britannic majefty fhall no longer confider himself bound to fulfil fuch other engagements which would fill 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 majefty, 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 intereft by means of it.
Art. 14. His Britannic majefty promifes to be mindful of the lecurity of the territories and pofleflions of his electoral highness, and as far as depends on him, and the circumftances of the war and the good of
the general caufe fhall allow it, to direct military operations in fuch a manner that the fates of his electoral highness, at prefent occupied by his own troops, or thofe of the united armies, be covered, and, as much as poffible, fpared. Should, nevertheless, notwithstanding the measures taken for that purpose, any part of the above-mentioned ftates of his electoral highness be attacked by the enemy, in confequence of the prefent treaty, his Britannic majefty, conjointly with his allies, will concert meafures to procure his electoral highnefs an indemnification proportionate to the lofs which one or other of the provinces may have fuffered by fuch attack.
Art. 15. To give to his electoral highnels a ftill greater proof of his friendship, and of his fincere participation in the welfare of the electorate, his Britannic majefly will proceed in the fame manner with refpect to the other poffeffions of his electoral highnefs, fo as the fame fhall be re-conquered and wrefted
will, conjointly with his allies, actively intercede, on the conclufion of a general peace, that the electoral house be reftored to the poffeffion of the ftates which it enjoyed at the commencement of the prefent war, fuch as they were at that time.
Art. 16. The corps ftipulated in the prefent treaty may be increafed to 6000 men, by means of an augmentation of the expenfes for raifing and equipping the troops, as well as the pay and other emoluments, to be calculated on the basis of the prefent treaty, in proportion to the increase of men which the high contracting powers may agree upon. Art. 17. The conditions and arti
cles of the prefent convention fhall be communicated to his imperial and royal majefty, the Roman emperor. He fhall be at liberty to join in it, as far as the nature of the different articles agreed upon thali permit, as well as in all alterations and additions that might hereafter be made by the high contracting parties.
Art. 18. The ratifications of the prefent treaty fhall be exchanged within four weeks, or foener, if poffible. In teftimony thereof, the un derwritten have figned, and affixed their feals to the prefent treaty.. (Signed) W. Wickham. Henry count Spaur. Done at Pfora, near Donauef chingen, April 30, 1800.
Copy of a Letter from Mr. Merry, the British Minifter at Copenhagen, to Count Bernftorff.
Tanim court muft neceffarily Copenhagen, April 10, 1800. HE which the attach to the event which happened in the month of December last, in the neighbourhood of Gibraltar, between lome frigates of the king and the frigate of his Danifh majefty, named Hauferfen, commanded by captain Van Dockum, and the or ders which, in confequence, have been fent me by my court upon this point, impofe upon me the painful duty of repeating to you, in writing, the complaint which I had the honour to make to you upon this point by word of mouth, in the audience which you had the goodness to grant me for this purpose three days ago.
The facts of this affair are in themselves very simple, and I think
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 deftination. 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 allo 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 anderftand, 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 majefty'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 think ing it poffible that this captain could have been authorised by inftruc
tions from his court. To clear up this point, admiral Keith sent an officer to captain Dockum to entreat him to how, and to explain the nature of his inftructions; but he..faid to the officer, that they were in fubftance, that he should 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 promise he was told that he might return on board. Having entered his boat he fent a letter to the admiral, in which he refufed 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 wishing to fruftrate juftice, the affair fhould be reprefented to his court.
Such, fir, is the fate 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 correfpondence 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 fhips in open fea, 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 recogniled. 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 Danish 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 afford him that formal difavowal and that apology which he has fo good a right to expect in fuch a case, 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 Danifh 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 must 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 most strict 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 Minifter to the
above Note of Mr. Merry. Both cuftom 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 pendent powers of Europe, as far none of the maritime and inde as the underfigned has obferved, have ever acknowledged the right of permitting neutral hips to be fearched, when efcorted 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.
pretenfions, which at prefent are no Far from acquiefcing in thele longer acknowledged, most of thofe powers have been of opinion, that they ought to hold out an opfince this question has been stirred, pofite principle in all their conventions refpecting objects of this nature, 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.
established between fhips with and The diftinction attempted to be 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 ftate fhips of the belligerent powers, with refpect to by convoy, is founded on the right neutral bottoms not accompanied examining their papers. The only of acknowledging their flag, and of queftion is to afcertain their partiality