No. IX.-Dispatch from Benj. Garlike, esq. to viscount Howick, dated Copenhagen, 20th Dec. 1806.-Received 7th Jan. 1807. My lord, I deferred the honour of writing to your lordship on my communication to count Bernstorff of the principal points of your dispatch of the 3d December till I had an opportunity of seeing that minister again, after he had submitted them to the cabinet ministers. I advert first, to the proposal of his Swedish majesty for the co-operation of 25,000 Swedish troops with those of his Danish majesty in Holstein. I cannot yet say in what manner this overture has been made to the prince royal; but on both the occasions which I have had of discussing the subject here, I have found it attended with the most undisguised aversion; as incongruous at this moment from a power at war to a power at peace; inapplicable with respect to time, if relied on when the attack of Holstein is no longer a problem; unseasonable when no new circumstance has occurred, except the repetition of friendly assurances on the part of France; and dangerous above all, as inviting, or rather immediately committing, the country to unavoidable war.-I endeavoured in the gentlest manner possible to rescue the Swedish proposal from the weight of objections, which thus tend to enervate every wise and provident scheme of self-defence, and carried one degree further, must leave the country prostrate to no good-will, but that of the enemy. I think it natural to suppose, that the Danish minister urged his objections in this instance with more than usual quickness, from his consciousness that the resolution is already taken to withdraw the Danish troops from Holstein. I felt the conversation clogged on my side with the knowledge of that resolution; but it was not openly noticed on either.-Count Bernstorff than asked me, if I believed the king of Sweden could spare from his own dominions any number of men, which approached that of 25,000? This was not a question for me to answer; but I pressed the Danish minister to consider, as exceedingly probable, that when his Swedish majesty resolved on making the offer, he was alarmed for the safety of the Danish peninsula; and that if such a force could not well be spared from Sweden, nothing could be a stronger proof of his Swedish majesty's friendship, than the prompt desire which he must have enter tained to raise it by extraordinary means.It occurred to me before this last conference took place, how little the probability was that the measure thus recommended by his maj. would meet with the success it deserved. I therefore previously prepared myself for endeavouring to derive from it at least the next and very important advantage, that of familiarizing the Danish minister with the prospect of sincere co-operation on the part of Sweden, and of impressing them with the notion that, whatever be the fate of the Swedish overture, the ground-work is thereby laid of a real good understanding between the two countries.-Count Bernstorff acknowledged that his Swedish majesty's desire to have an interview with the prince royal, and the communication of the present overture, would be felt by the entire government; and he assured me, that if Holstein were attacked, the concert between Denmark and Sweden, G. Britain and Russia, would be de facto established, and that this country would be most willing to add every resource of the monarchy to the assistance the allies could furnish.returned to Co penhagen a few days ago. I saw him the next day. He was more than usually prompt and clear as to the necessity of maintaining the present system. He was averse to the admission of a Swedish army into Holstein, but was persuaded of the advantage of an unreserved intercourse with Sweden. He acknowledged, I may say, the propriety of not defending Holstein (that is, the peninsula,) and as proof of his sincerity in this opinion, remarked that the abandonment of those provinces would expose his own estates to the ravages of the French army. He thought the nature of the embarrassments of Denmark called for the utmost frankness towards enemies as well as friends, and believed that as little remains to be explained to France as to any other country. He appeared on all these points to speak as of so many fresh decisions of council, and desirous I should so understand them.-I make no doubt that the withdrawing of the troops sent to Holstein last year will be completely effected, (Count Bernstorff, however, always speaks of a cordon that will remain,) and that the government is sincere in the determination to oppose every thing to France, if she abuse the extreme condescension to which the prince royal has been brought. glanced of his own accord to the consequences of a contrary line of conduct, and army of Denmark might, as has been stated by count Bernstorff, put an end at once to the neutrality which the latter government still wishes to preserve. But a previous and confidential explanation and concert with Sweden on the measures necessary for the common defence of the two powers, could not have this effect, and is evidently necessary to render the co-operation offered by Sweden of any advantage, whenever the time shall arrive at which the court of Denmark may find itself desirous of availing itself of this offer.-Upon the best means of defence it is impossible for this government to pretend to form a satisfactory opinion. It may be true that the peninsula affords no position in which the force of Denmark could hope to withstand the power of France; and it may be advisable, therefore, to withdraw the troops for the defence of the islands. of further compliance towards the French government, and did not scruple to declare; that the effects alone of a war with England must destroy the Danish monarchy in a couple of years.-According, then, to this language, matters have advanced to an epoch in the neutrality of Denmark. Holstein will be deprived of its main defence; it is foreseen that it may be occupied by the troops of France; Denmark will then be in a state of war with France, and will openly concert with G. Britain and Russia, and possibly with Sweden, for the defence of the Danish islands and the Baltic. To these, the only measures that remain, the different parties may be desirous of directing their own views, and encouraging each other; but I have not scrupled, in conversation with the proper persons here, to speak of this position as fallacious and insecure, because weak in its nature, and liable to be surprised by the arts and activity of the enemy, and by the events which will arise.-If, however, the Danish navy is in the state of forwardness which has been represented, and nothing intervene to dis- My lord; In your lordship's dispatch of turb the good intelligence of G. Britain the 3d Dec. the passage relative to the and Russia with Denmark, it may still be possible sacrifice of a part of the Danish hoped that every effort of France will fail navy to the French, concludes with these against the power and resources of the words: " Should any question of this sort Danish islands. I have not failed to repeat arise, you will at once state, distinctly, and to this government his majesty's most gra- unequivocally, the feelings of this governcious and friendly offer of assistance and ment upon it."-I have presumed, that support, if Denmark should ultimately be this passage gave me some latitude to judge forced into a war with France for the pre- of the propriety, as to time, of making the servation of her own independence; and I declaration which the chance of such a have the pleasure of informing your lord- transaction would necessarily call for. It ship, that the assurances of this constant is therefore important that I should inform disposition on the part of his majesty have your Idp. that I have not communicated been received with every expression that that part of the dispatch to the Danish gocan interpret the fullest sense of the obli-vernment. The ground on which I have gations and thankfulness of the Danish goI have, &c. vernment. B. GARLIKE. No. X.-Extract of a Dispatch from visc. Howick to Benj. Garlike, esq. dated Downing Street, Jan 9th, 1807. His majesty has received with satisfaction the assurances that the court of Denmark is determined to resist the demands of France, if pushed to a point, that should be inconsistent with the honour and independence of that power. Of the sincerity and constancy of this determination his majesty's government will not allow itself to doubt. But it is necessary to repeat, that to make such determination effectual, timely measures should be taken.-An immediate junction of a Swedish force to the No. XI.-Extract of a Dispatch from ventured on such a discretionary reserve is the strong belief, I trust I am justified in entertaining, not only that no proposition of the nature in question has as yet been submitted to the prince royal; but that the military progress of the French arms is not yet such as to suggest an arrangement so incompatible with the sentiments and principles which are known to predominate in that prince's character.-Without, therefore, some new and describable appearance to engage my attention, different from those which had possibly been conveyed to England when the dispatch was written, I hum bly trust it is consonant to the feelings of his majesty's government towards that of Denmark, not to have taken a step, which might at this moment only wound the prin cipal persous, and repel the confidence they seem willing to manifest.-The explanation into which I have entered, will, I hope, guard me from the supposition of not endeavouring to give the proper effect to the Instructions in question, on any change of circumstances leading to the supposition of your lordship's dispatch. If I have already expressed some alarm on the chances of so bold an attempt on the part of the French government as that to which I allude, it has not been from apprehension of dishonourable compromise on the part of Denmark, but of the consequences of timidity and inadequate preparation, by which the enemy might be enabled rather to seize the fleet than treat for it. Your lordship's dispatch No. 7. having been written on the presumption that the French troops had entered Holstein; and probably after your lordship had received the report of the enquiries I had made as to the retreat of those of Denmark (in my No.) I have also for the present desisted from a formal application on the subject of that dispatch; and humbly hope that my conduct in both these instances will not have met with his majesty's disapprobation.-I find it difficult to obtain precise information as to the number of Danish troops in Holstein, because it is not ascertained how far the regiments still there have been reduced. Two regiments have returned to Funen. The Sleswick and Jutland regiments have also returned. Two regiments belonging to the garrison of this place, are left at Kiel, Ploen, and Gluckstadt. Count Bernstorff tells me that four thousand men are on the line between those places; but these must be in the towns and villages. The garrisons just mentioned, and that of Rendsburgh, compose therefore the only remaining active force against the enemy. I shall resume this subject without delay. I have &c. B. GARLIKE. No. XII.-Extract of a Dispatch from visc. Howick to Benj. Garlike, esq. dated Downing Street, 22d Jan. 1807. Upon the points referred to in your dispatches, I have already sent you full instructions. However desirous his majesty may be of preventing any embarrassment to the court of Denmark with respect to the neutrality which that government is desirous of preserving; this consideration, it is evident, can only apply to a real neutrality, and cannot be carried so far as to admit of a succession of measures dictated by the fear of France, which would in ef fect place Denmark in a situation of aiding the hostilities of that power.-It so nearly concerns the safety of both powers to cultivate the most friendly understanding, in order to prepare the means of defence against a danger which equally threatens both, that this alone ought to obliterate the jealousies which have too much prevailed between the courts of Stockholm and Copenhagen.--So obvious and so pressing a consideration, it is, however, but too evident from the tenor of your dispatches, has not had its due weight; and your constant attention and good offices will be employed to remove, as much as possible, the causes of that mutual suspicion and distrust, which must favour the desigus of the common enemy. The evident necessity of providing for the security of his own dominions must, as I have formerly stated, sufficiently account for the preparations of the king of Sweden. Situated as he is, it is as clearly necessary for his Swedish majesty to require an explanation of the intentions of the court of Copenhagen. You will therefore support any requisition of this nature, which may be made in a friendly manner by the Swedish minister, with a view to those preparations of defence so imperiously called for by the present crisis. HOUSE OF LORDS. Friday, February 26. ORDERS IN COUNCIL.] Lord St. John rose, in pursuance of notice, to bring forward his Resolutions respecting the Orders in Council. His lordship took a review of the explanations given by the French government of the Decree, and of the documents shewing the manner in which it was understood by the American government, for the purpose of proving that the latter government never acquiesced in the French decree, considered as affecting neutrals, and thence concluding, that this government had no right to issue Orders affecting the American trade. He contended also, that there was no sufficient evidence of the execution of the French Decree, in making captures on the high seas, according to the terms of it, which could alone be evidence of such an execution of the decree as could be considered a violation of the law of nations. The information laid on the table was in this point defective, and did not appear to him to afford any sufficient reason for issuing the Orders in Council, which he considered a gross violation of the law suing in carrying on the war. It was the government of France which had violated what was considered the law of nations, and it was prudent in that of this country to retaliate those measures that were aimed at our very existence; if the neutrals suf alone, that they ought to look upon as the cause of that injury, and to which alone they ought to look for reparation. In his opinion, it was idle to talk of waiting to see whether the neutrals would have acquiesced in that Decree; for when the distance was considered, it would plainly appear that our forbearance might have continued 3, 6, nay even 9 months, during the whole of which time the enemy would have derived all the advantages they expected therefrom, and England sustained all the injuries that were levelled at her; for, light as some persons might treat the force of France, he could not but recollect that she had still fleets, frigates, and numerous privateers; from these, under that Decree, much injury might have been done, in defiance of that superiority which, he was thankful and happy G. Britain could boast. As to what the noble lord had urged relative to the answer which the minister of marine had given to general Armstrong, it amounted to nothing more than that he thought America was not to be included. But could any man suppose that the je pense of a French minister of marine was a sufficient security against a positive decree so plain and direct, that those who ran might read? No; the American Resident ought not to have rested satisfied with less than a formal renunciation, nor could our ministers consider less than that renunciation as a proof that the United States were not included. Nay,upon the question being afterwards put to another French officer, his reply was, that he saw no exceptions. For these among other reasons, he thought our executive government had acted wisely and politically in issuing those Orders in Council; that the Resolutions moved by the noble lord were unnecessary, and he therefore hoped the house would agree with him in his moving the previous question. of nations, and fraught with great injustice, towards Neutral States. His lordship concluded by reading the following Resolutions: -“ 1. That previous to the 11th of Nov. last, his majesty's government was not in possession of any proof, nor supposed ground of belief, that the United States offered any injury, it was France, and France America had acquiesced in or submitted to, or intended to acquiesce in or submit to, the execution of such parts of the Decree of the 21st of Nov. 1806, as purported to impose on Neutral Commerce, restraints inconsistent with the law of nations. 2. That it does not appear, that the said Decree, in so far as it may have been supposed to relate to captures at sea, was in any one instance carried into execution, by the Prize Courts of France, or her Allies, previous to the 11th of Nov. last. 3. That on the 18th of Oct. last, the ministers of the United States at this court, officially apprized his majesty's Secretary of State, that their government had received from that of France, satisfactory explanations and assurances, and that, in fact, the same never had been enforced against the Neutral Commerce of the United States. 4. That no official denial of the facts so asserted by the American ministers, appears to have been made on the part of his majesty's secretary of state; nor any grounds alledged by him in which the American ministers could be questioned. 5. That under such circumstances the issuing the Orders in Council of the 11th and 25th of Nov. last, which Orders purported to compel the trading vessels of the said United States in all their voyages to and from the Continent of Europe to touch at the ports of this country, and to be there subjected, by the authority of the British government, to many and grievous restrictions, and a manifest violation of the law of Nations, and of the rights and independence of a friendly Power."-On the first Resolution being put, The Duke of Montrose rose and said, he perfectly agreed with the noble lord, that although the subject had been already before the house, it was one that merited discussion. He had forborne as yet to deliver his sentiments upon it, from a wish not to make up his mind without giving it the fullest consideration; and having so done, he should not hesitate to give it as his firm opinion, that the Orders in Council were wise, politic, and calculated to answer the great purpose of defeating the designs of our enemy, and ultimately convincing him of his error in the unjust system he was pur Lord Holland observed, that the Orders in Council fell far short of that clearness which would enable him who runs to read. He would not now enter into the question of the policy of these Orders, that being reserved for a subsequent discussion, but with respect to the question of the law of nations, he held a very different opinion Lord Redesdale contended that the Orders in Council of the 7th of Jan. and those of the 11th and 25th of Nov. were founded on the same principles, and were equally consistent with the law of nations. from the noble duke. If a belligerent, worst misfortunes that could befal the adopted a mode of conduct towards a neu- country, and which he thought the Orders tral, which amounted to an act of hostility, in Council tended to produce. and in which that neutral acquiesced, then he would admit the right of the other belligerent to retaliate. But in the case of the Berlin Decree, it had not only not been acquiesced in by America, but there was no proof of that part of it being executed which alone was a violation of the law of nations, namely, capturing neutrals on the high seas, for violating the terms of the decree. He contended, therefore, that on neither of these grounds was there any jus tification of the Orders in Council. His Idp. commented on the Note of Mr. Canning to the American ministers, stating, that it was the duty of the neutral to endeavour to procure the revocation of the obnoxious decrees, a doctrine which he considered as tending to produce endless warfare. The Earl of Mulgrave contended, that the French government having endeavoured to execute its decree of blockade against this country, by the confiscation of all neutrals conveying British produce or manufactures, or trading from the ports of this country, it became the duty of this government to adopt some counteracting measure, which should force the enemy to raise the blockade of this country. That which had been resorted to, was the most mitigated measure that could be adopted with a view to the continuance of neutral trade, and compelling the enemy to receive neutral vessels into his ports trading from this country. If the French decree and the Orders in Council were both executed, then of course there could be no trade between this country and that part of the continent of Europe under the influence of the enemy, some injury would result to us, but the greatest privatious must be indured by the enemy. With respect to Mr. Canning's Note, his Jdp. referred to the Note of lord Howick, stating that the measures adopted by the Order in Council of the 7th of Jan. would be continued till the decree of the French government was formally repealed, for the purpose of proving that the language in this note was similar to that used by Mr. Canning. His lordship deprecated the conduct adopted by noble lords on the other side, in discussing different parts of the Orders, and called upon them to discuss the whole policy of the measure. Lord' Auckland deprecated a war with America, which he considered one of the The Earl of Lauderdale deprecated the mode of argument adopted by the noble and learned lord, by justifying one measure by another. He contended, that the information on the table not only did not prove an increased rigour in the execution of the French decree, but that a great part of it rather proved a relaxation of the provisions of that decree, and he believed, that his noble friends, had they continued in administration, would rather upon such information have been inclined to revoke the order of the 7th of Jan. than to have resorted to any harsher measure. As to the objection, that they discussed parts of the Orders, each part formed a question of the greatest magnitude to the country, and if they were not all discussed together, it was the fault of noble lords on the other side, who had refused to go into a committee on the Orders in Council. A noble duke had quoted the letter of his noble friend to Mr. Rist, to shew that he threatened to put the coasts of the enemy into a state of blockade, as a matter of retaliation. If he had proceeded but four or five words farther, he would have seen that the noble lord's words were, "that G. Britain would have enforced such blockade by its maritime superiority," a thing which made the measure legitimate, and consistent with the law of nations; and there was not one word to shew that they meant it in mere retaliation. The Earl of Westmoreland said, that noble lords made the inconsistencies of which they complained. They would not divide the question of the Orders in Council into two points of view, in which it ought to be considered-into that which the crown did from its prerogative of war, and what was agreeable to the municipal law of the land.-In adverting to America, he warmly contended that the measures of the late government caused that irritation which appeared in the disposition and councils of that country; and concluded by expressing a sentiment of amity and friendship towards that country, whose very existence he considered to depend upon the greatness and prosperity of this. Earl Grey vindicated the late govern |