shall please us formally to signify the contrary, the commanders of our war-ships and those of all ships and vessels which have letters of marque and of reprisal are authorized by these presents to seize and detain all ships and vessels belonging to subjects of the StatesGeneral whenever they are found to have on board any effects belonging to the enemies of His Majesty or effects that are considered by the general law of nations as contraband of war.

Reply of the King of Spain to the Declaration of the Empress of Russia, April 18, 17801

The King, being informed of the Empress's sentiments with respect to the belligerent and neutral Powers, by a memorial remitted to the Compte de Florida Blanca, on the 15th instant by Mr. Etienne de Zinowief, Minister to Her Imperial Majesty: the King considers this as the effect of a just confidence which His Majesty has on his part merited; and it is yet more agreeable that the principles adopted by this sovereign should be the same as have always guided the King, and which His Majesty has for a long time, but without success, endeavored to cause England to observe, while Spain remained neuter. These principles are founded in justice, equity, and moderation; and these same principles Russia and all the other Powers have experienced in the resolutions formed by His Majesty; and it has been entirely owing to the conduct of the English navy, both in the last and the present war (a conduct wholly subversive of the received rules among neutral Powers) that His Majesty has been obliged to follow their example; since the English paying no respect to a neutral flag, if the same be laden with effects belonging to the enemy, even if the articles should not be contraband, and that flag not using any means of defending itself, there could not be any just cause why Spain should not make reprisals, to indemnify herself for the great disadvantages she must otherwise labor under. The neutral Powers have also laid themselves open to the inconveniences they have suffered, by fur

Annual Register, 1780, p. 350. French text at Martens, Recueil de Traités, vol. 3, p. 164.

32

THE ARMED NEUTRALITY OF 1780 AND 1800

nishing themselves with double papers, and other artifices, to prevent the capture of their vessels; from which have followed captures and detentions innumerable, and other disagreeable consequences, though in reality not so prejudicial as pretended; on the contrary, some of these detentions have turned to the advantage of the proprietors, as the goods, being sold in the port where they were condemned, have frequently gone off at a higher price than they would have done at the place of their destination.

The King, nevertheless, not contented with these proofs of his justification, which have been manifest to all Europe, will this day have the glory of being the first to give the example of respecting the neutral flag of all the Courts, that have consented, or shall consent, to defend it, till His Majesty finds what part the English navy takes, and whether they will, together with their privateers, keep within proper bounds. And to show to all the neutral Powers how much Spain is desirous of observing the same rules in time of war as she was directed by whilst neuter, His Majesty conforms to the other points contained in the declaration of Russia. To be understood, nevertheless, that, with regard to the blockade of Gibraltar, the danger of entering subsists, as determined by the fourth article of the said declaration. These dangers may, however, be avoided by the neutral Powers, if they conform to those rules of precaution established by His Majesty's declaration of the 13th of last March, which has been communicated to the Court of Petersburg by his Minister.

FLORIDA BLANCA

At ARANJUEZ, 18 April, 1780.

Reply of the Court of Great Britain to the Declaration of the Empress of Russia, April 23, 17801

During the course of the war, wherein His Britannic Majesty finds himself engaged through the unprovoked aggression of France and Spain, he hath constantly manifested his sentiments of justice, equity,

1Annual Register, 1780, p. 349. French text at Martens, Recueil de Traités, vol. 3, p. 160.

OFFICIAL DOCUMENTS

33 and moderation, in every part of his conduct. His Majesty hath acted towards friendly and neutral Powers according to their own procedure respecting Great Britain, and conformable to the clearest principles, generally acknowledged as the law of nations, being the only law between Powers where no treaties subsist, and agreeable to the tenor of his different engagements with other Powers; those engagements have altered this primitive law, by mutual stipulations, proportioned to the will and convenience of the contracting Parties.

Strongly attached to Her Majesty of all the Russias, by the ties of reciprocal friendship, and common interest, the king, from the commencement of those troubles, gave the most precise orders respecting the flag of Her Imperial Majesty, and the commerce of her subjects. agreeable to the law of nations, and the tenor of the engagements stipulated by his treaty of commerce with her, and to which he shall adhere with the most scrupulous exactness.

The orders to this intent have been renewed, and the utmost care will be taken for their strictest execution.

It may be presumed, not the least irregularity will happen; but in case any infringements, contrary to these repeated orders, take place, the courts of admiralty, which in this, like all other countries, are established to take cognizance of such matters, and in all cases do judge solely by the law of nations, and by the specific stipulations of different treaties, will redress every hardship in so equitable a manner, that Her Imperial Majesty shall be perfectly satisfied, and acknowledge a like spirit of justice which she herself possesses.

Extract from the Register of Resolutions of the States-General of the Netherlands, April 24, 1780, replying to the Russian Memorandum1

Having deliberated by supposition on the memorandum which the Prince Gallitzin. Envoy Extraordinary of Her Majesty the Empress of all the Russias, presented to the Assembly on the 3d instant. accompanied by a declaration made by Her said Imperial Majesty

Translation. French text at Martens, Recueil de Traités, vol 3, p. 168.

to the Courts of England, France, and Spain, with regard to the freedom of commerce and navigation of her subjects, in which memorandum this Minister makes known to Their High Mightinesses the disposition of his sovereign to protect, in concert with neutral Powers, the commerce and navigation of their respective subjects, as more fully set forth in the above-mentioned documents of the 3d; it has been deemed well and it has been decided to reply to the Prince Gallitzin with regard to his said memorandum that Their High Mightinesses have received with great satisfaction the communication respecting her views which Her Imperial Majesty has been pleased to have presented to them, and the declaration that she has had submitted to the Courts of London, Versailles, and Madrid; that Their High Mightinesses look upon this communication as a striking proof of the fact that Her Imperial Majesty is well disposed toward the Republic and that they feel it to be an honor and a duty to reply cordially and sincerely; that Their High Mightinesses commend and consider as a further effect of the recognized magnanimity and justice of Her Imperial Majesty, as well as the goal which she has set before herself, that the means which she has conceived to maintain during the present war the most scrupulous neutrality with the belligerent Powers, and to assure not only the honor of the flag of Russia and the freedom of commerce and of navigation of her subjects, and not to permit any of the Powers that are now at war to inflict the slightest injury upon them, but also to protect the liberties and tranquillity of Europe, and to fix and establish upon the most solid foundations of equity and the law of nations, and of treaties still in force, an equitable system for the navigation and commerce of neutral Powers.

That Their High Mightinesses, like Her Imperial Majesty, desiring to observe a strict neutrality during the present war, have experienced only too well the injuries suffered by the navigation and commerce of neutral Powers through the vague and arbitrary conceptions held by the belligerent Powers on the right of neutrals, which are influenced by their individual interests and their war operations, and it is for this reason that Their High Mightinesses, like Her Imperial Majesty, deem it absolutely necessary that this right be established upon solid foundations and maintained in concert by the maritime neutral Powers; that with respect to the determination of this right Their High Mightinesses, conforming entirely to the five points contained in the declaration made by Her Imperial Majesty to the Courts of

Versailles, Madrid, and London, and communicated in her name to Their High Mightinesses on April 3 by the Prince Gallitzin, are, following the example of Her Imperial Majesty, ready to make a similar declaration to the belligerent Powers. Their High Mightinesses being thus disposed to enter into a conference with this Princess and the other neutral maritime Powers respecting the measures by means of which, by the observance of strict neutrality between the Powers at war, freedom of navigation and commerce may be maintained with their united forces in the most effectual manner, both now and hereafter.

An extract of the present resolution of Their High Mightinesses shall be transmitted by their agent van der Burch de Spieringshoeck to the Prince Gallitzin, Envoy Extraordinary of Her Majesty the Empress of all the Russias, who shall be requested to communicate it to Her Imperial Majesty and to present to her this reply under the most favorable aspect, accompanying it with his good offices.

Reply of the King of France to the Declaration of the Empress of Russia, April 25, 17801

The war in which the King is engaged having no other object than the attachment of His Majesty to the freedom of the seas, he could not but with the truest satisfaction see the Empress of Russia adopt the same principle and resolve to maintain it. That which Her Imperial Majesty claims from the belligerent Powers is no other than the rules already prescribed to the French marine, the execution of which is maintained with an exactitude known and applauded by all Europe. The liberty of neutral vessels, restrained only in a few cases, is the direct consequence of neutral right, the safeguard of all nations, and the relief even of those at war. The King has been desirous, not only to procure a freedom of navigation to the subjects of the Empress of Russia, but to those of all the States who hold their neutrality, and that upon the same conditions as are announced in the treaty to which His Majesty this day answers.

1Annual Register, 1780, p. 349; Martens, Recueil de Traités, vol. 3, p. 162.