he belongs? I can assure your excellency, in fine, that of all the decisions which have taken place since my arrival here, the one now in question is the most extraordinary; if amongst all the just cases in which I have interfered, there was one which appeared to me to stand most clear from difficulties of all kinds, it was this of the Brutus, and I was still more gratified, in the confidence which I have indulged that the vessel would be acquitted; because it is the last remaining on the list of the captures which have occurred since my arrival here. What may be the merits of the captors, in the view of the king, I will not presume to conjecture; but I am sure that they cannot have any which can interfere with a due application of his majesty's just principles, or any, in relation to this case, which are not founded on misrepresentation. I must, therefore, earnestly request that your excellency will lay this representation before him, and I do confide that, when his majesty sees what I have stated, and is pleased to consider the inclosed sentence of his tribunal, he will think proper to reverse it, and to order the restitution of the property thus condemned.

I have the honour, &c.

GEORGE W.ERVING.

(Signed) His excellency Mr. De Rosenkrantz, first minister of state, &c.

No. 8. B.

[Translation from the Danish.]

1

Copy of the sentence pronounced by the high court of Admiralty, in the case No. 164T Captain John Fenno,

against

J. T. Samuelsen, and other privateer captains..

As captain Fenno's conduct during the detention, in endea vouring to escape the privateers, must render him suspicious, and therefore authorize the capture, so his later conduct affords a grounded reason for calling his neutrality into question.

Besides, in the very documents by which captain Fenno wants to prove the nationality of the vessel and the legality of the voyage, there are found such deficiencies, that the precepts contained in the prize act in this respect cannot be looked upon as being accomplished.

1. The sea letter is not in the usual order; as partly it is not filled out, and partly an elucidation is wanting in several places respecting the domicil and burthen of the vessel. The only place where the burthen is mentioned is perceptibly added by

the strange hand. Thus the sea letter can only be considered as a blank, arranged per males artes for the use of this vessel.

2. The attest found on the certificate of the cargo, under the name of the French consul, must be false. Though the French consuls might still, in the year 1811, have made use of the insignia of the French republic, still it can no wise be admitted that words without meaning should have been inserted in their seals, which words are even put in a reversed manner. Thus this seal must be counterfeited, by which no caution nor accuracy has been observed in order to imitate the true one. But if the seal be considered as false, it also follows from thence, that the same must hold good with respect to the attest, the genuineness of which the seal is to confirm, and from this it further results, in pursuance of the prize act, and his majesty's resolution communicated under the 23d October, 1810, to this high court, that such a false attest vitiates the authenticity of all the other documents even if they are in apparent order:

DECREED,

The ship Brutus, John Fenno, master, together with her cargo, litigated in this case, are hereby adjudged to Jens Tobias Samuelsen, and other privateer captains, as a good prize. The court charges of the prize court shall be paid out of the ship and cargo. For the rest the costs of the process are annulled.

The high court of Admiralty in Copenhagen, the 7th April, 1812.

(Signed)

I certify the correctness of the copy.

(Signed)

WLEUGEL.

N. TERBOL.

I certify that I have truly and faithfully translated the above from the Danish.

Witness my hand and seal of office,

Copenhagen, the 8th of April, 1812.

(Seal.)

No. 20.

N. HENRIQUES,

Translator Royal.

Extract from the list of vessels captured or detained in the year 1811. This extract being of those which were tried and released by sentences of the prize court in Copenhagen, from which the captors did not appeal; and showing the amount of costs, fines, and taxes under the 2 per mille law, paid in virtue of said

sentences.

Total amount, 20,006 Rix Dollars.

N. B. The Danish rix dollar may be estimated, in this account, at an average of seven and a half equal to one Spanish. This extract does not contain the vessels released by the prize court in Norway, viz: "Habe," Porson," Pilot," Gower, "Industry," Cook," Fame," Perry, "Comet," Dennis.

Nor the "Rachel," Mattenly, released at Aalborg.

Nor the "Delaware," Gill, and "Dolphin," Latham, which were released on the preliminary examinations.

Nor the "Herald," Silsby, which was neither fined or taxed, but received eight Spanish dollars for each day's detention, all costs paid by the captor.

Extract from the lists of cases which were pending on the 30th May, 1811, and of those which occurred during the year 1811, subsequent to the 30th May. This extract containing all such cases as have been acquitted on appeals to the high court of ad⚫ miralty in Copenhagen, and showing the amount of costs, fines,

and taxes under the 2 per mille law, decreed against them in the sentences of said high court.

Total amount,

19,802 Rix Dollars.

N. B. This extract does not contain the "Ariel," Butler, "Fair Trader," Craig, " Minerva Smyth," Mann, acquitted by virtue of decree of Sleswic Holstein chancery.

Nor the "Maryland," Peters; in which case sentence had not issued at the closing of this list.

(Signed)

Copenhagen, April 10, 1812.

GEORGE W. ERVING.

No. 17.

Mr. Erving to Mr. Monroe, Secretary of State.

Copenhagen, April 12, 1812. Sir, With my despatch No. 10, was submitted to you copy of the reclamation, dated November 4, which I thought it my duty to make against the sentences of condemnation, passed by the Danish tribunals in the years 1809 and 1810 on American ships and cargoes. Mr. De Rosenkrantz was prevented at first

by ill health, and afterwards for a long time by a pressure of various business (as I understood), from laying it before the king. In the mean time he continually discouraged any expectation that his majesty would accede to the propositions which it contains, persisting in his declaration to me on my first arrival here, that there was no remedy for the past. Finding that in the usual course of business it was necessary for the minister to inform himself fully and particularly as to the contents of the note, so as to submit it to the king by abstract only, I thought that I might at once expedite my object, and add to the probability of success in it, by having the note translated into the Danish language. I sent such a translation to the minister on the 22d January, requesting (by No. 1 of the inclosures) that the whole might be laid before the king. This was done on the 14th of February, and on the same day the minister addressed to me the note No. 2, relating to Danish claims on our government, to which I answered on the 17th February as by No. 3, and on the 9th instant I finally received the minister's reply to my reclamation of November 4 (No. 4 of the inclosures).

All my former communications, sir, have prepared you for this result, and the most extraordinary delay of the king in announcing it, though so far creditable to him inasmuch as it denotes the reluctance with which he has come to a conclusion, which he cannot conscientiously approve of, and which he has not found any admissible pleas to support or to countenance, yet has also afforded me the means of ascertaining that no favourable change of this determination is to be hoped for.

All the business which my appointment had in view being now completed, and as there is not, as far as I know, one American vessel actually under detention (by Danish capture) in any port of this kingdom, after answering the minister of state's note in suitable terms, I propose, pursuant to my instructions, to take leave and depart for Paris. I wrote yesterday to Mr. Barlow for passports, and as soon as they arrive, which may be about the commencement of next month, I shall be entirely ready to make use of them. In the mean time I send home with this and other dispatches my secretary Mr. Lewis, whose fidelity, industry, and zeal in the public service, I so entirely approve, of, that I cannot but recommend him to your patronage and protection. Previous to my departure I propose, as I have before mentioned to you, to present Mr. Forbes in the quality of "agent" to the minister of state and to other departments of government here, and I doubt not that if any of our vessels should hereafter be captured by Danish cruizers, he will be able to afford them every assistance of which their cases may be susceptible, and that