The Sun.
London, England, 1841-06-11 00:00:00

IVIORNING EDITION

•
Mr. WARBURTON did not regretsthat the aid of
the lion. and Learned Solicitor-General had been called I
in, but it would not induce him to vary the vote he had
given oil a former erecasien.e--(Hear, hear.) He thought
it had been established to the satisfaction of the House
that those were reprisals, and not captures, and that the
parties were entitled to compensation. He need not refer
to the case of the Spanish vessels which had been seized
at the breaking up-of the war in Spain, and in which
compensation was granted to the owners. On the 2.2 d of
July an embargiawas laid on all the Danish vessels in
the English ports, and an armament was sent out to
seize all vessels on the high seas belonging to that Go-
vernment. The armament ascended to the mouth of the
Baltic, which every body knew was a close sea, jind he
thought it only reasonable, fair, and just, that where the
British Government derived so large a sum of money
from the captiire of the fleet and stores and the condem-.
nation of vessels seized in British ports, it was only rea-
sonable and just that compensation should be afibrded
out.of that large sum. It was nothing for him to hear
that the funds had been misapplied; it was no answer to
say that thirty years had elapsed since the occurrence;
.that was only a stronger reason why the- parties should
immediately receive the small pittance of compensation
to be 'awarded to them. lie relied upon the want
of notice to the British svho were sending their
vessels to the Baltic, and upon the withdrawal
of the British fleet, thereby rendering capture certain. ,
That was enough to justify him in departing ft-cm the '
usual rules in voting for compensation.
The SOLICITOR-GENERAL did not wish for a
lament to take credit to himself for any thing he was
not entitled to, therefore, he must disclaim the credit
given him by his Learned Friend, that his statements of
.last night were merely the arguments used in former:de-
bates and put in a clearer form; he supposed the superior
intelligence of his Learned Friend had enabled him to
find it out. Sir James Mackintosh had-distinctly laid it
down that book debts and goods seized ought to be com-
pensated, bemuse they were seized against the usages of
war, and the laW of nations; in such a case, he laid it down
that it was the duty of the Government to enforce
compensation by arms, or to make compensation out of
their own funds. The application of the principle, how-
ever, he limited to seizures made against the law of.
nations and against the usages of war. That was an
authority upon the present occasion. When he addressed
the House yesterday he had refrained from reading the
documents, contenting himself with stating them, and
waiting until he heard whether they were contradicted.
He would then read them.t The first was a clear declara-
tion of war upon the part of Denmark against England ;
and he said distinctly that that declaration was made on
the 16th August. He would now state the facts—he
would recapitulate them to the House. His Hon. and
Learned Friend had stated that there had been an em-
bargo previnies.to the 27th of July. Now he could dis-
cover no such thing, and he should be glad if his Hon.
and Learned Friend would refer him to the authority on
which he made such statement.
Mr. CRESSIVE'LL—It was so stated on bringing for-
ward the motion in 1831.
The SOLICITOR-GENERAL would refer his Hon.
and Learned Friend to the orders of the Admiralty for
laying on the embargo, which were dated the 25th of
Atxust. He had inquired at the Admiralty, and there
was nj document there to show that any embargo had
been laid o..\_ before the 25th of August, nor could he
find at the Ada,
isisalty any trace of any application having
been made there, as s.."'" by one of the persons interested
in supporting these claims, by any pers?ns for informae
tad been given by any per-
tion, or that any information .
ef August, the orders
.sons on the subject. On the 25th e ,
noon of vessels
.of the Admiralty authorising the. doe.ete until the
were issued, and affairs continued in that sa. ' end ex-
-2d September, when those orders were confirmeu ,es
tended by an Order in Council. On the 3d of :-
gust the British . fleet arrived off the coast of Den-
mark, and cut off all communication between the
island of Zealand and the Continent of Eu-
rope. Now what e effect on the mind of any man of
ordinary intelligence must the appearance of a British
fleet off the coast .of Denmark have produced? If it
were unexpected, the more likely was it to excite alarm;
and he contended that the appearance of that fleet, ac-
companied as it was by a large body of troops. was abun-
dant intimation to the .merchants that they could not
remain safely in the proximity of such a fleet, and that
if they did so remain they. must do so at their own ex-
pense and risk, .and not at the expense and risk of the
nation. From the sth of August until the 13th nego-
tiations were going on between Mr. Jackson, the repre-
sentative of the British Government at Copenhagen, and
the Danish Government, relative to the surrender of the
Danish fleet bet the care of Great Britain. On the 16th
of August the Danish Government issued the following
proclamation, which would be found in the nine-
teenth volume of the " Annual Register," page 173.
(The Hon. and Learned Gentleman here read the de-
claration of Christian VI., in which, after reciting the
demands made by the British Resident Jackson, he
stated that the Resident, on the refusal of the Danish
Government to comply with those demands, had de-
manded passports for himself, and his suite, and that
consequently the war between England and Denmark
might be considered as actually broken out, and he called
upon all his faithful subjects to arm to repel the Eng-
lish aggression. further ordered that all Englis
ship and property wherever found, should be seized,
aad that all English should, until they could be sent out
of the countryebe placed under arrest; and the declaration
finished by stating, that, as a matter of course, all Eng-
lish ships and boats found upon the coast should be con-
sidered as hostile, and that all correspondence with
English subjects . should cease until further orders.)
When the King of Denmark issued a proclamation on
the 16th August, that war was actually broken out, could
any man say that he was justified in remaining in the
Baltic to prosecute commercial speculations, on the
belief that pacific relations would not be interrupted?
No relations of peace and amity subsisted between
the nations after that proclamation; and on that day Ad-
miral Gambier and Lord Cathcart issued an address, in
which they stated that they were ordered there by com-
mand of his Majesty, to obtain by pacific negotiation, if
possible, the surrender of the Danish fleet. That sur-
render was refused; and, on the 24th August, the Danish
Government issued a further proclamation, in very hos-
tile terms. On the 2d September the bombardment of
Copenhagen commenced. From that time there was no
pretence for the statement that anything like a cessation
of hostilities had taken place. On the 9th September,
the decree was issued which gave rise to the claims for
.compensation—namely, that respecting the confiscation,
On the 23d of September a British manifesto was issued,
. showing the two nations distinctly to be at war. Now,
when were these vessels seized ? On the 6th of August,
and on the seh of September; but the great majority late
in Octoaer, thiough November, and down to the 23d of
December. On the 4th of November Great Britain, never
having entertained hostile feelings towards Denmark, but
having acted on the principle of great State necessity,
a necessity founded on the most absolute jussice—if self-
protection be consistent with justice—the. Government
of the day was restrained from presenting a perfect de-
fence, because we know that at certain times private in-
. formation which the Government may procure may not
be disclosed with safety to the individual who furnished
that information, nor consistently with the means of ob-
taining further information which it might be desirable
that they should possess. But afterwards they discovered
that France and Russia had determined to seize the
Danish fleet, and use it hostilely against Great Britain ,
and when the British navy arrived at Copenhagen, that
. place was in a state absolutely defenceless, so as to give
every facilitt 'tithe 'objects of Russia and France. It
was complained -that the English had taken the fleet
when the Danes were not in a situation
for defence. But that was their justification,
for it became the imperative duty of the Government of
the day to take wise, prompt, and decisive measures, that
that fleet should not be used for the invasion of Great
-Britain, and the British Government would have deserved
impeachment if, on the information they possessed, they
had not wrested from the power of Russia such powerful
means aa the Danish fleet afforded. The Hon. and
Learned Gentleman denied that they were at war. His
acute and intelligent Friend behind him (Mr. Warbur-
ton) had looked too, closely into the question to make
such an assertion ; he had retired from that position.
What constituted war? One nation appeared with a pow-
erfel armament on the shores of another nation, demand-
'sag of that other to surrender its fleet ; that demand was
resisted, and the Government so required published to its
subjects that the two nations were at war, and imme-
diately directed the commencement of hostile acts. Did
not that conststttte war? Were the Danes to say whether
they were at war or his Hon. and Learned Friend?—
(Hear, hear.) In their proclamations they stated that
she war was begun. • It was not a paper war ; a procla-
mation was issuer:l,l)v the Danish Government that the
two nations were at war. What was the. foundation for
the statement that the two nations were not at war?
There was not the slightest, unless his Honourable
Friend could erase from the records this declaration
- of war on the part of Denmark. It was a most
• material fact for the House to bear in mind, and to
adopt a distinct conclusion upon, were the two nations
- at war prior to the seizure of these vessels ? His Hon.
Friend seemed to think that he had imputed to him a
- want of accuracy' in reference to the books. He had
read the speech of his Hon. and Learned Friend atten-
tively, and, after reading it, he was astonished at the
result. Nothing but his happy manner of delivering
what he had to say could have made that speech effec-
tual to convince the House. His Hon. and Learned
Friend teemed to think that he (the Solicitor-General)
. was mistaken in supposing that he had drawn an incor-
rect inference. His Hon. and Learned Friend had not
, made any quotation from Grotius. He (the Solicitor-
General) would refer the House to . the authority of
Vaud on the subject of reprisals. Reprisals were those
things which were taken by nations which had a com-
plaint against other countries, prior to the breaking
out of a war, and with a view to obtain justice,
upon a matter of complaint. (Hear, hear.)
(The Hon. and Learned Gentleman then referred to the
authority of Vattel with respect to reprisals, in justifica-
tion of the course the Government had pursued.) Now,
what was the date of the seizure of the vessels in ques-
tion, what were the dates as compared with the declara-
tion he hail heard that the. two nations were at war?
A few in the month of August, still fewer in September,
and fewer still in October and November. The two na-
tions were at war after the 4th of November. Apologies
were made for the act done, but stating that it was ab-
solately necessary for the preservation of the country, by
reason of the coalition of France and Russia. If his
Learned Friend called that an apology he was at perfect
liberty to do so; but, in his (the Solicitor-General's) opi-
nion, it was 'ustice to the nation. These seizures, there-
fore, he said, were all of them after war, and there was
no ground for calling into the subject an recognised
Principle, for the case of goods and debts stood
uPen different *
• der stand the ggu6n"ds. Now, he wished to un-
w Was.
e!lst
of
oivai e
shd utuyorethintwl.wa
shtitochheb
epeculiar thisth e gground
wasocui
rnedup
ut.
in-
might be and ; that every case had its
peculiar circumstances two cases could be identical ;
was to be
put cin th around of Peculiarity of cir-