convention; and with the express stipulation on the part of the high contracting and acceding Parties, that the stipulation of the 2d article of the additional articles, signed at Moscow, the 8/20th October, 1801, by the plenipotentiaries of Their Britannic and Imperial Majesties, which fixes that the adjudication of causes in litigation shall, in the last resort, be carried by appeal, in Russia, before the Directing Senate, and in Great Britain before His Majesty's Privy Council, is to be understood, as, with regard to Denmark, that the said adjudications shall be there carried by appeal before the supreme tribunal of that kingdom. In order to prevent any inaccuracy, it has been agreed that the said convention, signed the 5/17th June, the separate article annexed thereto, and the additional ones concluded the 8/20th, October, 1801, should be inserted here, word for word, as follows: [Here follow the convention and additional articles.] In consequence of all which His Majesty the King of Denmark accedes, by virtue of the present act, to the said convention, and to the said separate and additional articles, such as they are hereinbefore transcribed, without any exception or reserve, declaring and promising to fulfil all the clauses, conditions, and obligations thereof, as far as regards himself; and His Majesty the King of the United Kingdom of Great Britain and Ireland accepts the present accession of His Danish Majesty, and in like manner promises, on his part, to fulfil all the articles, clauses, and conditions, contained in the said convention, and the separate and additional articles hereinbefore inserted, without any exception or reserve. The ratifications of the present act of accession and acceptance shall be exchanged in the space of two months, or sooner if possible; and the stipulations of the said convention shall, at the same time, be carried into execution as speedily as possible, regard being had to the full and entire reestablishment of the state of things, such as it was before the period of the misunderstandings, which are now so happily terminated. In witness whereof, we the undersigned, by virtue of our full powers, have signed the present act, and have hereunto affixed the seal of our arms. Done at Moscow, the 11/23 October, 1801. (L. S.) ST. HELENS (L. S.) F. X. J. COMTE DE DANNESKIOLD LOWENDAL Ordinance of the King of Denmark regulating the Conduct and defining the Obligations of the Merchants and Mariners of His States in Time of War between Other Maritime Powers, May 4, 18031 We, Christian VII, by the grace of God King of Denmark and Norway, etc., to all whom it may concern. Although the rules, by which merchants and seamen who are our subjects must be governed in time of war between other maritime Powers, have been laid down in a number of our previous ordinances, we nevertheless deem it necessary, in present circumstances, to set forth in a single ordinance the contents of these regulations, modified in several respects and in the form in which they must henceforth serve as the rule, in order that the greatest possible publicity may be given by these presents to the invariable principles, according to which we intend to maintain at all times the rights of the merchants and seamen of our States, and that no one may allege ignorance of the duties which he must fulfil, as a Danish subject, in a similar case. Therefore, it is our royal will that the following regulations be scrupulously observed, as the only rule of conduct, by all those who may wish to participate in the advantages which the neutrality of our flag in time. of war assures to the legitimate commerce and navigation of our subjects. For these reasons, revoking by these presents our former ordinances with regard to the conduct of our subjects during a foreign naval war, we order and publish the following: ARTICLE 1 Any merchant or navigator of our States who may wish to send a vessel belonging to him to any foreign port or place, to which the effects of a war that has broken out between other maritime Powers may extend, shall be required to secure a royal passport in Latin and such other papers and documents as are necessary for the legitimate sailing of a ship. To this end, our subjects are notified at the beginning of such a war, for what foreign ports or places it has been deemed necessary that they be provided with our royal passport in Latin. 1Translation. French text at Martens, Recueil de Traités, vol. 8, p. 93. ARTICLE 2 Such passport may not be delivered to the owner of the vessel until he shall have obtained a certificate vouching for his ownership. ARTICLE 3 To obtain the certificate required by the foregoing article, he must be our subject, born in our States, or he must have acquired, before the outbreak of hostilities between any maritime Powers of Europe, complete enjoyment of all the rights of a domiciled subject, either of our countries or of some other neutral State. The owner of the vessel, for which the certificate is requested, must, in any event, reside in some part of our kingdoms or of the countries belonging to us. ARTICLE 4 To procure the above-mentioned certificate, it is necessary to appear before the magistrate of the city or maritime locality from which the ship sails, or else the place of residence of the majority of the owners: all of the latter shall be required personally to certify, either by oral oath, or by formal oath in writing signed by their own hands, or else the principal owner, in the name of all, that the vessel really belongs to them, all being our subjects, and that it has not on board any contraband of war for the account of the belligerent Powers or any of their subjects. ARTICLE 5 During the course of a foreign naval war, no one, who was born a subject of any of the Powers engaged therein, may be the captain of a merchant ship sailing under our royal passport, unless he proves that he acquired citizenship in our kingdoms or countries before the outbreak of hostilities. ARTICLE 6 Every merchant captain, who wishes to be admitted to the command of a vessel provided with our royal passport, must have acquired citizenship in some part of our States. His citizenship papers must always be on board his vessel before its departure from the port where the passport is issued; he shall be required to make oath, in the prescribed form, that no act shall, with his knowledge or consent, be committed or attempted, with regard to the said vessel, which might involve abuse of the passports and certificates issued to him. The oath shall be sent to the competent department with the application for the passport. But in case this can not be done because of the absence of the captain, the owner of the vessel shall be required to give notice thereof to the said department, and our consul or commercial agent in the district where the captain happens to be shall see to it, on his responsibility, that he makes the prescribed oath. ARTICLE 7 There must not be on board vessels provided with the above-prescribed passport any supercargo, clerk, or other ship's officer who is the subject of a Power at war. ARTICLE 8 Half of the crews of the vessels above specified, including the boatswains and boatswains' mates, shall consist of natives of this country. If the crew of a vessel should become depleted in a foreign country through desertion, death, or sickness, and if the captain should find it. impossible to comply with the aforesaid rule, he shall be allowed to engage as many foreign subjects, preferably subjects of neutral countries, as he may need to continue his voyage; provided, nevertheless, that the subjects of a Power at war, on board his ship, shall in no case constitute more than one third of the entire crew. Whenever a change is made in his crew, the captain must make entry thereof, with a statement of the causes which rendered it necessary, in the vessel's muster roll, which muster roll shall be duly attested by the consul or commercial agent, or his deputy, in the first port touched by the vessel, in order that this attestation may serve as the captain's authority wherever there may be need. ARTICLE 9 The papers and documents specified below must always be on board vessels provided with our royal passport, to wit: the certificate prescribed by Article 2. Its construction papers, and if the vessel was not built for the present proprietor, the contract of sale or the purchase documents shall be attached thereto. The former of these two instruments and the latter, if there be occasion, shall accompany the application of the owner for a passport. The royal passport in Latin, with the translations thereto appertaining. Its measurement certificate. The muster roll of the crew, duly verified by the competent officers. The charter-parties and bills of lading covering the cargo, and finally, the attestation of the custom house of the locality where the cargo has been loaded. ARTICLE 10 The measurement certificate shall be issued by the officers appointed for this purpose in the maritime localities of our kingdoms and countries. In case one of our subjects shall have bought a vessel in some foreign port, our consul or commercial agent on the spot, shall be authorized to attend to the measurement and to issue to the captain a provisional measurement certificate, which shall be considered valid until the vessel reaches some port of our States, where it shall be measured and marked in due form, whereupon a measurement certificate in the regular form shall be issued, which thereafter shall form a part of the sailing papers of the vessel. ARTICLE 11 A ship-owner is forbidden to secure and a captain to have on board false sailing papers; the ship shall not fly a foreign flag while on a voyage under papers and instruments issued by us. ARTICLE 12 Our royal passport is valid for only one voyage; that is to say, from the time that the vessel, after having secured it, sails from the port where it was issued until its return to the same port, it being understood that in the meantime it shall not have changed hands, in which case the new owner shall be required to procure, in his own name, the necessary papers and documents. ARTICLE 13 Since according to the generally established principles the subjects of a neutral Power can not be permitted to transport in their vessels |