S'PATE PAPERS. 



239 



that we are already agreed on tliem. 

 'Jhe facts are, that tlie English fri- 

 gate met the Danish frigate in open 

 sea, having under her a convoy of 

 vessels. The English commander, 

 thinking it proper to exercise the 

 right of visiting this convoy, sent on 

 board the Danish frigate, demand- 

 ing from the captain his destination. 

 The latter having answered, that 

 then he was going to Gibraltar, it 

 was replied, that since he was going 

 to stop in that bay, no visit should 

 be paid to his convoy, but that if he 

 did not mean to cast anchor there, 

 the visit should be paid. Captain 

 Van Doclcum then informed the of- 

 ficer who went on board him, that 

 he would make resistance to such a 

 step. L'pon this answer, the Eng- 

 glish commander made the signal 

 for examining the convoy. A boat 

 from the Emerald frigate was pro- 

 ceeding to execute this order : a 

 file of musquetry from the Danish 

 frigate fell upon them, and one of 

 the English sailors was severely 

 wounded. This frigate also took 

 possession of a boat of the English 

 frigate the Flora, and did not release 

 it till after the English commander 

 had given captain Van Dockum to 

 understand, that if he did not im- 

 mediately give it up, he would 

 commence hostilities. The Danish 

 frigate then went with her convoy 

 into the bay of Gibraltar. There 

 some discussion took place on this af- 

 fair, between lord Keith, admiral 

 and commander-in-chief of his ma- 

 jesty's naval forces in the Mediter- 

 ranean, and captain Van Dockum, 

 whom lord Keith could not but 

 consider as personally responsible, 

 and guilty of the injury done to one 

 of his majesty's subjects, not think- 

 ing it possible that this captain could 

 have been authorised by instruc- 



tions from his court. To clear up 

 this point, admiral Keith sent an of- 

 ficer to captain Dockum to entreat 

 him to show, and to explain the na- 

 ture of his instructions ; but he said 

 to the officer, that they were in sub- 

 stance, that he should not permit his 

 convoy to be visited, and that, in 

 firing upon the boats, he had only 

 discharged his orders. The same 

 captain afterwards made a similar 

 reply, upon his word of honour, in 

 speaking with lord Keith, and in 

 the presence of the governor of Gib- 

 raltar ; but he promised at the same 

 time to appear before the judge, 

 and to give security for his appear- 

 ance ; and upon this promise he 

 was told that he might return on 

 board. Having entered his boat he 

 sent a letter to the admiral, in 

 which he refused to give the neces- 

 sary security. These discussions 

 were terminated by a declaration 

 which lord Keith made to captain 

 Van Dockum, that if he failed to 

 surrender himself, thus wishing to 

 frustrate justice, the affair should be 

 represented to his court. 



Such, sir, is the state <t£ facts 

 which have given rise to the com- 

 plaint that I am commissioned to 

 urge to the Danish government. I 

 flatter myself that you will find it 

 correct and conformable to what is 

 stated in the correspondence be- 

 tween lord Keith and captain Van 

 Dockum, of which, as you did me 

 the honour to tell me, you are in 

 possession. 



The right of visiting and exami- 

 ning merchant ships in open sea, of 

 whatever nation they may be, and 

 whatever may be their cargoes and 

 destination, is considered by the 

 British government as the incon- 

 testible right of every nation at 

 war — a right founded on the law 



