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ARTICLES of CAPITULATION / Surrender of the Danish Islands


Hethwill

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ARTICLES of CAPITULATION for the Surrender of the Danish Islands of St Thomas and ST. John's,
together with their Dependencies, entered into between General Henry Bowyer, the Commander of the Land Forces, and Rear-Admiral the Honourable Sir Alexander Cochrane, Knight of the Bath, and Commander in Chief of the Naval Forces employed at Barbadoes and the Leeward Islands, on the Part of His Britannic Majesty, and Colonel Van Scholten, Commandant of the said Danish Islands, on the Part of His Majesty the King of Denmark.
 

Art. I.
The Islands of St. Thomas and St. John's, and their Dependencies, are hereby placed under the Protection of His Britannic Majesty. Answer.— War being declared between the two. Nations, the Islands of St. Thomas and St. John's, and their Dependencies, must be surrendered to the Forces of His Britannic Majesty.

Art. II.
Military Honours are to be shewn at the Surrender : The Officers keep and continue to carry their Swords. Answer.—Agreed to.

Art. III. All the Inhabitants of the said Island are to-enjoy the fullest Security for their Persons, Property, and other Rights, as well as a free Exercise of their Religion.
Answer.—All bona fide Danish Inhabitants shall enjoy the fullest Security for their Persons and Properties, as well as a free Exercise of their Religion, provided they do not in any measure cover, or attempt to cover, the Property of the Enemies of Great Britain and Ireland. - By Property is to be understood, all Goods and Merchandise, now on Shore. And to render any farther Explanation on this head .unnecessary, it is requited, that all Danish Inhabitants, and those of other Nations, not at War with Great Britain, shall give in, when called upon, and if demanded, on Oath, a strict and impartial Account of all Property belonging to the Enemies of Great Britain, either in their own Possession, or within their Knowledge, thereby fully securing the intention of this Article.

Art. IV. Arms and Ammunition to be delivered by a Commission composed of Officers of both Parties ; also the Magazines and Provisions, and what else may be found in the Forts, as it shall be found to day., according to Returns to be drawn up. Answer.—Agreed to.

Art.V. All Danish Officers, and the Garrison, to be conveniently and safely conducted to their Native Country ; and those that might desire to proceed via America or elsewhere, to be provided with proper Passports, or to remain in this Country if they wish.
Answer. — The Garrison must be considered as Prisoners of War, and conveyed to Europe as speedily as possible, and every indulgence shewn them.

Art. VI. No Military to be quartered-in Houses, but in Barracks and proper Rooms.to be assigned by  the Burgher Council, and a Commission appointed lo that end. Answer.—Agreed to; but the Buildings must "be such as the Quarter Master-General approves of.

Art. VII. The Danish Laws and Ordinances to remain in force. All Courts and Judicial Offices to be occupied by the present Officers. Delinquents under confinement not to be released until their Sentence is passed and enforced.
Answer.—The Danish Laws and Ordinances shall remain in force, subject to the pleasure of His Britannic Majesty. The Judicial Offices to continue occupied by the present Persons; but they, as well as all Civil Officers, must be subject to the Approbation of the Commanders in Chief. The latter part of this Article is agreed to on the fame Condition. An English Custom House will be established on the same Basis as in the British Colonies.

Art. VIII. The King's and Public Treasuries, all Public Book-keepings, and Accounts, Archieves and Protocols remain unmolested, under the Hands of the respective Officers,-for mutual Security and Use.
Answer.—All Public Property, and all Property belonging to the King of Denmark, or to his Government, must be given up (to His Britannic Majesty), and all Public Papers and Records must be submitted.to the Inspection of the British. The Records and Papers will be allowed to remain in the proper Offices.

Art. IX. His Majesty the King of Denmark, having advanced Loans to the Planters, the said Planters continue to pay off according to the. method regulated, unto his said Majesty the King of Denmark, who retains the right of Mortgage on -the Estates.
Answer.—Answered in the last Article ; but any Sum now due, shall be paid without delay, to such Persons as shall be appointed by the Commanders in Chief (subject to the Pleasure of His Britannic Majesty).

Art. X. No Inhabitant shall be compelled to carry Arms, or perform Duty, when he has made his Oath of Neutrality.
Answer. - Agreed to; but they will be required to take an Oath of Allegiance to the British Government, expressing that they will not, either openly or secretly, do any Thing hostile to the British Government.

Art. XI. The Americans shall be permitted, without Constraint, to export the Produce of the Islands, .and to provide them with Necessities. The Inhabitants are allowed to ship their Produce to America.
Answer.—These Colonies must trade under the same Laws as govern the British West India islands.

Art XII- The free coloured people of this Island shall be regarded and protected and heretofore under the Danish Government, and they shall not be forced to do any Military Duty.
Answer.— The Danish free coloured People will be protected as heretofore, and will not be forced to do any Military Duty ; but they must take an Oath of Allegiance, conformably to the Tenth Article.

Art.XIIl. In the general Claims of Danish and Neutral Property to be respected, as belonging to its lawful Owners, is also comprehended the Vessels and all Property afloat in -the Harbours, or what might arrive during the Time the Danish Colonies may remain in the Possession of His Britannic Majesty.
Answer.-—Answered by the Reply to the Third Article.

Art. XIV. Slaves to remain the undisputed Property of their present lawful Owners.
Answer.—Slaves being Property, this has already been settled by the Answer to the Third Article.

Art. XV. The Police of this Island continues to perform its official Functions with the fame Authority as under the Danish Government, and according to the Laws, and Usages of the Country. Answer.—This has already been answered by the Reply to the Seventh Article.

Art. XVI. The Paper-Money issued by His Danish Majesty is to remain in Circulation as heretofore.
Answer.—Granted, subject to the Pleasure of His 'Britannic Majesty.

All the Forts, Military Posts, and Vessels 'of War, must be given up as soon as the Capitulation is ratified by tlie Commanders in Chief. St. Thomas, December 21, 1807.
(Signed) VAN SCHOLTEN.
(Signed) FRED MAITLAND, Maj. General.
(Signed) FRANCIS PICKMORE, Captain, Ramillies (Ratified.)
(Signed) HENRY BOWYER, General, and. Commander of the Forces.
(Signed)ALEX. COCHRANE, Rear-Admiral, and Commander in Chiefs His Majesty's Ships, &c. &c. &c

 

 

source / The London Gazette publication of 9 February 1808

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4 minutes ago, Hethwill said:

I am sure it won't. Given this particular capitulation happened back in 1807... *sigh*

 

And after a dishonorable ambush of a sovereign state.. Not really something to be proud off - compares most easily to the japanese assault on Pearl Harbor - unprovoked and against all articles of war. In the british case they even had help refitting and resupplying their ship of the Lines at Kronborg before the attack - free of charge as the danish nation wanted to show it's sympathy with the anti-napoleonic alliance that was at that time being booted out of Europe.

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1 hour ago, Hethwill said:

I won't debate that. It is actually one document that shows how capitulations were conducted and what they contained for the inhabitants of the area.

Well for one area.. The european mainland (especially Bordeaux) got a raw deal at times..

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1 hour ago, Hethwill said:

Could be an interesting collection to have if we can find a few that span across the NA timeframe.

Agreed.. The reason I'm so interested in Bprdeaux is that it as far as I know is the first major city to experience a firebombing.. As far as I know that is - so don't hang me if I'm wrong on that one..

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