Si hostis bona in confoederati navigio reperiantur, quod ad hostem pertinet, praedae solummodo cedat, quod vero ad confoederatum illico restituatur.

The treaty of 1666 prescribes the same certificate and gives the same reasons therefor.

Such are the engagements binding the two nations, which can not be violated without impairing the friendship which has so long existed between them and of which these engagements are the foundation and support.

Treaties can be changed only by mutual agreement of the contracting Parties, and as long as they are in force, they are equally binding upon both.

The King shall, therefore, follow his engagements with Sweden as a sacred and inviolable law, and he shall maintain it as such.

Reply of the Court of France to the Swedish Declaration, August 4, 17801

The King has constantly desired that neutral Powers should receive no injury in the war in which His Majesty is engaged. His orders have ensured to the vessels belonging to these Powers enjoyment of all the freedom allowed them by the laws of the sea, and if some individual navigators have had cause for complaint in that they have suffered by act of subjects of His Majesty, they have received prompt and equitable justice.

His Majesty has seen with satisfaction in the declaration transmitted to him in the name of the King of Sweden that the intention of this Prince was to continue to protect the navigation of his subjects against all violence, that His Swedish Majesty had even resolved to take measures in concert with other Courts, and particularly with the Empress of Russia, for the more effectual attainment of this end. The King can only express the hope that the cooperation of His Swedish Majesty with these Powers may bring about the good re

1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 186.

sults which they intend, that the sea may be free, in conformity with the law of nations and with treaties, which are recognized as being merely an explanation of that law; that, finally, all nations which are not taking part in the war may not suffer from its evils.

His Majesty has repeated to the officers of his navy and to the privateers that carry his flag, orders in accord with the principles upon which the security and tranquillity of all neutral vessels must rest. With still more reason the subjects of the King of Sweden must be assured that they will suffer no mishap at the hands of the subjects of His Most Christian Majesty, since no Frenchman is ignorant of the alliance and friendship which have long existed between the two Crowns.

Inasmuch as the precautions taken by His Swedish Majesty will keep Swedish navigators within the bounds of the strictest neutrality, this will be a further reason for them to insist upon the execution of the laws of which their Master shows himself to be the zealous protector, laws which the King ardently hopes to see adopted by the unanimous cooperation of all the Powers, so that none may have to suffer from the war if the sovereign takes no part therein, when he shall have conformed to the rules prescribed for the prevention of the abuse of the neutral flag.

VERSAILLES, August 4, 1780.

Reply of the Court of Spain to the Danish Declaration, August 7, 17801

His Catholic Majesty, in the reply which he had made to the declaration that the Express of Russia presented to him through her Minister residing at his Court, in all respects similar to that which by order of the said sovereign was presented to the other belligerent Courts, declared in the most positive terms that his views with regard to the rights of neutral nations in their navigation and commerce were entirely in accord with those of Her Imperial Majesty, and the or

Translator. French text at Martens, Recueil de Traités, vol. 3, p. 183.

ders immediately given to observe with respect to vessels under the Russian flag a course of conduct and a manner of treatment in conformity with the principles which the said Princess declared it to be her desire to follow and uphold, are a proof of the sincerity and the good faith with which the King is acting; and so is the promptness with which he ordered the same provisions in favor of Dutch vessels, as soon as the States-General declared their adhesion to the system of the Court of Russia. Now that the King of Denmark (by a declaration signed by his Minister of State on July 8 last) has formally announced that his principles with respect to the rights and freedom which neutral nations should enjoy in their lawful commerce in time of war are those which the Court of St. Petersburg has adopted and which His Majesty is likewise determined to uphold in favor of the Danish flag and the free navigation of his subjects, His Catholic Majesty does not for a moment hesitate to accept this explanation of His Danish Majesty and to declare that at the very outset he gave orders that the same rules be observed with regard to Danish vessels as with Russian and Dutch ships. Consequently the said vessels shall not be arrested by the commanders of his royal fleets, nor by the captains of privateers that may encounter them at sea, although they may have on board effects belonging to the enemies of Spain, provided they be not such effects as have been declared by general treaties contraband in time of war, and these vessels shall be shown every possible consideration in the matter of the notification and observance of the declaration of March 13 of the present year, pertaining to the blockade of Gibraltar, of which Denmark was notified, it being understood that those attempting to sail to that port shall be exposed to the peril set forth in Article 4 of the said declaration. But the Catholic King, in following this line of action, can not doubt that Denmark and the other Powers that have determined or shall determine to uphold their rights and to defend the freedom of their flags shall be likewise impartial in appraising and in responding in kind to the conduct adopted toward them by the Powers at war, as they are obliged to do by their own system and the just maxims which have been so openly adopted.

ST. ILDEPHONSO, August 7, 1780.

(Signed) COUNT DE FLORIDA-BLANCA

Declaration of September 7, 1780, by which His Danish Majesty accedes to the Convention of August 1, 1780, between Russia and Sweden1

Christian VII, by the grace of God, King of Denmark, Norway, the Vandals and the Goths, Duke of Schleswig-Holstein, Stomarn, Ditmarsen and Oldenburg, etc., etc., make known that, having been invited to accede as a principal contracting party to the convention concluded and ratified on July 21/August 1, 1780, at St. Petersburg, between Her Majesty the Empress of all the Russias and His Majesty the King of Sweden, similar in all respects to the convention concluded between us and Her said Imperial Majesty, and signed at Copenhagen on July 9, 1780. We formally certify by this declaration that, having equally at heart the maintenance of the general freedom of neutral commerce and navigation, and being animated in this respect by the same sentiments as Their said Majesties, we accede in all due form as a contracting party to the aforesaid convention, and we bind ourself and our successors by all the stipulations contained in its clauses and articles, as well as in the six separate articles thereto annexed, and we likewise accede entirely to the form and tenor thereof. We understand that Her Majesty the Empress of all the Russias and His Majesty the King of Sweden will likewise declare by a formal instrument the receipt and acceptance of this our declaration and will recognize us as a principal contracting party with respect to the said convention; and as His Majesty the King of Sweden, having been invited likewise, has also acceded in the same manner and in the same sense to the exactly similar convention concluded between us and Her Majesty the Empress of all the Russias, and signed at Copenhagen on July 9, 1780. We solemnly declare that we accept his accession and that we recognize His Swedish Majesty as a principal contracting party of that convention and of the six separate articles thereto annexed. In faith of which we have signed the present act of accession and of acceptance with our own hand and have thereto affixed the great seal of our Crown.

Done and given at our Castle of Fredensburg, this 7th day of the month of July [September?], in the year of grace one thousand seven hundred and eighty, and of our reign the fifteenth.

CHRISTIAN R.

A. V. BERNSTORFF

'Translation. French text at Martens, Recueil de Traités, vol. 3, p. 207.

Declaration of September 9, 1780, by which His Majesty the King of Sweden accedes to the Convention of July 9, 1780, between Russia and Denmark1

Gustavus, by the grace of God, King of Sweden, of the Goths and the Vandals, etc.. etc., etc., heir to Norway, Duke of SchleswigHolstein, of Stormaria and of Ditmarsen, Count of Oldenburg and of Delmenhorst, etc., etc., make known that, having been invited to accede, as a principal contracting party, to the convention concluded and ratified on July 9 of the present year at Copenhagen, between Her Imperial Majesty of all the Russias and His Majesty the King of Denmark, in all respects similar to the convention concluded between Her said Imperial Majesty, signed at Petersburg on July 21/ August 1 of the present year and ratified by us on the 9th of September following, we formally certify by this present declaration that, having equally at heart the maintenance of the general freedom of neutral commerce and navigation, and being animated in this respect by the same sentiments as Their said Majesties, we accede in all due form, as a principal contracting party, to the said convention; and we bind ourself and our successors by all the stipulations contained in the clauses and separate articles thereto annexed, and we likewise accede entirely to the form and tenor thereof. We understand that Her Imperial Majesty of all the Russias and His Majesty the King of Denmark will likewise declare, by a formal instrument, that they have received and accepted this our declaration and will recognize us as a principal contracting party with regard to the said convention; and as His Majesty the King of Denmark, having been invited likewise, has also acceded in the same manner and in the same sense to the exactly similar convention concluded between us and Her Majesty the Empress of all the Russias, and signed at St. Petersburg on July 21/ August 1 of the present year, we soleinnly declare that we accept his accession and that we recognize His Danish Majesty as a principal contracting party of that convention and of six separate articles thereto annexed. In faith whereof we have signed this present act of accession with our own hand and have affixed thereto our Royal seal.

Done and given at Spa, September 9, 1780.

GUSTAVUS

U. G. FRANC

1Translation. French text at Martens, Recueil de Traités, vol. 3, p. 205.