From 1793 to 1800 Sweden and Denmark had again succeeded in maintaining their neutrality, and, as most other maritime states were at war, their freedom of navigation had thrown into their hands a large carrying trade. But, while their profit was thus great, it would be much greater, if their ships could be saved the interruptions to their voyages arising from the right of belligerents to stop, to search, and, if necessary, to send into port, a vessel on board which were found enemy’s goods, or articles considered “contraband of war.” The uncertainty hanging round the definitions of the latter phrase greatly increased the annoyance to neutrals; and serious disputes existed on certain points, as, for example, whether materials for shipbuilding, going to an enemy’s port, were liable to capture. Great Britain maintained that they were, the neutrals that they were not; and, as the Baltic was one of the chief regions from which such supplies came, a principal line of trade for the Northern States was much curtailed.
Sweden and Denmark were too weak to support their contention against the sea-power of Great Britain. Where there is lack of force, there will always be found the tendency to resort to evasion to accomplish an end; and Denmark, in 1799, endeavored to secure for her merchant ships immunity from search by belligerent cruisers—which International Law has always conceded, and still concedes, to be within the rights of a belligerent—by sending them on their voyages in large convoys, protected by ships of war. It was claimed that the statement of the senior naval officer, that there were not in the convoy any articles subject to capture, was sufficient; and that the belligerent would in that case have no right to search. Great Britain replied that the right of search rested upon longstanding common consent, and precedent, and that it could not be taken from her against her will by any process instituted by another state. The Danish ships of war being instructed to use force against search, two hostile collisions followed, in one of which several men were killed and wounded, and the Danish frigate was taken into a British port—though afterwards released.
The latter of these conflicts occurred in July, 1800. Great Britain then sent an ambassador to Denmark, backing him with a fleet of nine ships-of-the-line, with bomb-vessels; and at the end of August a convention was signed, by which the general subject was referred to future discussion, but Denmark agreed for the time to discontinue her convoys. The importance of the subject to Great Britain was twofold. First, by having the right to seize enemy’s property in neutral ships, she suppressed a great part of the commerce which France could carry on, thus crippling her financially; and, second, by capturing articles of shipbuilding as contraband of war, she kept from the French materials essential to the maintenance of their navy, which their own country did not produce. British statesmen of all parties maintained that in these contentions there was at stake, not an empty and offensive privilege, but a right vital to self-defence, to the effective maintenance of which the power to search was fundamentally necessary.