No. 5.—General instruction for commanders of ships in Danish waters during the state of neutrality of Denmark.
- *§ 1.
- [542] The commander of a vessel of war, sailing in our own waters, has as far as possible to preserve order on coasts, [Page 125] roads, or in harbors, and to see that commerce and navigation go on as usual, and without interruption or molestation by strangers.
- § 2.
- All possible kindness and politeness must be shown to all foreign vesselsof war of whatsoever nation, but no active assistance must in any way be rendered them, except such as is of a purely humane nature. It is especially forbidden to assist them in loading, furnishing pilots, or any other nautical help.
- § 3.
- [543] In case foreign vessels of war have communication witb the land, the maintenance of order is enjoined upon the police of the place or port-captain, but assistance and advice are always to be yielded to sucb authorities whenever required. If conflicts may arise, either on account of misunderstanding (want of knowledge of language) on the one or the other side, or on account of excessive exactions on the part of the foreign vessels of war, the commander of the Danish vessel of *war has to intervene in a mediatory, explanatory, and conciliatory manner, but at the same time firmly and seriously, whenever the rights of the King’s subjects and the neutrality of the Danish territory are concerned.
- § 4.
- The Danish territory extends one Danish mile from the fixed coast of the King’s lands, (see the circular of chancery, August 18, 1810,) except at such places where the distance between the Danish and foreign coasts is less than one mile, at which places Danish jurisdiction extends to the middle of the sea.
- § 5.
- It is His Majesty the King’s will, that ships of all nations be under the protection of the King’s sovereignty while they are within the limits of Danish territory, in consequence of which the Danish neu-trality is to be maintained within the limits of the territory, so that capture and visitation of ships, be they belligerent, neutral, or Danish, cannot be allowed within the territory.
- *6.
- [544] The introduction of prizes into Danish harbors is not allowed. When prizes are brought to anchor on an open road or coast within limits of Danish territory, it is supposed to take place on account of urgent circumstances; but then the commander of the Danish ship of war must inform the prize-master to withdraw the prize as soon as possible; and, besides, special care must be taken that nothing is sold or brought on shore from the prize while staying on Danish territory. Necessary information must, in respect to this, be given as soon as possible to the proper authorities on land.
- § 7.
- [545] If a ship, be it a war or merchant vessel, in its flight from a hostile power, seek refuge in Danish territory, it is the duty of the commander of the port to take it under his protection. It is expected that warning be given to the pursuing ship of war, either by sending a boat with an officer or by firing a warning salute. This will be sufficient to prevent such a breach of neutrality; but if against all expectation a conflict or seizure*should, nevertheless, take place, the Danish commander has to inform in a brief protest, written in a firm but polite tone, the commander of the foreign ship of war, that a breach of Danish neutrality and territory has been committed. The Danish commander then reports as soon as possible to the ministry what had taken place, and sends a copy of the protest, together with the name of the ship concerned and its commander, &c.
- § 8.
- If foreign ships of war are inclined to enter into Danish ports, where a Danish ship of war is stationed, the commander takes care that the ship conforms to the established regulations of the harbor, general as well as local, such as discharging of powder, extinguising of fire, &c.
- § 9.
- Outside of Danish territory the sea is to be considered as open water, in consequence of which a Danish commander is to look upon any enterprise undertaken by the ships of the belligerent powers as not concerning him.
[546] If, however, foreign ships of war in open water, but within sight of a Danish ship of war, *should attack Danish merchantmen, the commander ought to see that such ships be permited to continue their course as soon as possible; but he is only allowed in such cases to act mediatingly.
If the foreign visiting ship of war declare it as his duty to capture such a vessel on account of its being loaded with contraband of war for a port of the belligerent powers, the commander of the ship cannot make any opposition to such an act; he has only to report, as soon as possible, to the ministry what had taken place.
If a foreign ship of war, against all expectation, feel inclined to molest a Danish merchantman, by depriving it of its crew, goods, provisions, or by occupying the ship for its service as a transport of sick persons or seized goods, the Danish commander must declare that he is bound to protect the liberty and rights of his countrymen to navigate the sea unhindered, a right limited by nothing except by the inconveniences unavoidable to all seafaring nations on accountof the actual state of war; and he must seriously and most urgently, in regard to Danish ships, caution against any action or transgressing of this limit.
[547] Unless such an admonition is not attended. *to, a serious protest is lodged against the proceeding of the foreign ship of war in which the Danish commander, besides declaring the action to be unlawful and a breach of the neutrality of Denmark, for the consequences of which he renders the concerned commander responsible, must in every case reserve to the ship-owner or captain ample remuneration and compensation for the loss of goods and time thus sustained by him Although it is the object of these instructions to give the commanders exact orders how to proceed in certain definite cases, the ministry has, at the same time, been willing to give them advice how to act in certain accidental and unforeseen cases, where it depends upon their good conduct and prudence combined with seriousness and détérmination. As a rule for such unforeseen cases, the commanders are enjoined to observe the strictest neutrality, abstaining from any sign of partiality either for the one or the other of the belligerent powers whatever, in words or actions, maintaining the neutrality of the Danish territory as well as good order, all in connection with those outward tokens of politeness and kindness which are in use on board of ships of war.