goods that would be considered contraband of war, if they were destined for the ports of a belligerent Power or if they belonged to its subjects, we have deemed it advisable to define expressly what shall be included under the head of contraband of war, in order to prevent the abuse of our flag in covering the transportation of prohibited articles and so that no one may allege ignorance on this score. Therefore, we declare that the articles and merchandise hereinafter specified shall be considered contraband of war: cannons, mortars, arms of all kinds, pistols, bombs, grenades, bullets, balls, guns, gun-flints, fuses, powder, saltpeter, sulphur, breastplates, pikes, swords, sword-belts, cartridgeboxes, saddles and bridles, with the exception, however, of such quantity as may be necessary for the defense of the vessel and of those composing its crew. Moreover, the positive agreements contracted with foreign Powers respecting merchandise and property, the transportation of which in time of war is prohibited by the said agreements, shall remain in force, and to this end special regulations shall be drawn up, to be delivered to every ship owner when he receives our royal passport. ARTICLE 14 In case a vessel bound for a neutral port should ship as cargo goods that would be contraband of war, if they were destined for a port belonging to some belligerent Power, it shall not be sufficient for the owner and the captain to make oath as prescribed above, but the owner and the captain shall be further required to make conjointly a declaration different from the general customs declaration, in which shall be specified the kind, the quantity, and the price of these goods. This declaration shall be verified by the customs officers at the place from which the vessel sails; after which the customs officer having jurisdiction shall forward it immediately to the general custom house, to be used in checking and verifying the arrival of the goods therein specified at their place of destination therein set forth, unless their arrival should be prevented by capture or forcible detention, whereof satisfactory proof must be furnished. This checking up shall be effected in the following manner: The shipper of such goods must furnish a certificate in writing from our consul or commercial agent, or of their deputy, at the place. for which the vessel is bound, or in their default, from the competent magistrate or some other person publicly authorized and qualified for this purpose; which certificate shall state the arrival of the vessel and the discharge of its cargo in conformity with the aforesaid declaration, and shall be the legal evidence thereof. This certificate shall be sent to our General Bureau of Economics and Commerce as soon as the vessel shall have reached the port for which it was bound, or else after its return to one of the ports of our kingdoms. In case this certificate is not transmitted within a period proportionate to the length of the voyage, our General Bureau of Economics and Commerce shall require the owner of the vessel to make a declaration, such as he shall be willing to swear to, to the effect that he has received no news of the vessel or of the goods. If the arrival of the vessel and the discharge of the goods above specified in a neutral port can not be proved, and if a capture at sea or some other unfortunate event is not the cause thereof, the owner shall pay into the treasury of our General Bureau of Economics and Commerce a fine of twenty rigsdalers for every last of goods carried by the vessel; and both the owner and the captain shall, in addition, be liable to prosecution under the fiscal laws. ARTICLE 15 All captains of vessels are forbidden to sail for a port blockaded by sea by one of the Powers at war; they must conform strictly to the instructions given them by the competent magistrates with regard to the blockade of such a port. In case a captain, desiring to enter a port of the blockade of which he is unaware, encounters a ship of the Ime flying the flag of one of the Powers at war, whose commander notifies him that this port is actually blockaded, he shall be required to withdraw forthwith and shall not attempt in any way to enter it as long as the blockade is not raised. ARTICLE 16 None of our subjects shall be permitted to enter the service of any visit of privateer of a country at war, nor himself to arm vessels such a purpose, nor to have a share or interest in such vessels. yo sip owner or captain shall permit the use of his ship for the wortation of troops of munitions of war of any kind whatsoever. captam is unable to prevent, because of the superiority of eased gainst him, the use of his vessel for such a purpose, he shall be required to make formal protest in a properly attested instrument against the act of violence which it was not in his power to escape. ARTICLE 17 When a vessel that is not under military convoy shall be hailed at sea by an armed ship belonging to one of the belligerent Powers, which is authorized to inspect the sailing papers on board merchant ships, the captain shall offer no resistance to such examination, if the captain of the armed ship states it to be his intention to make it; but he shall be required to show in good faith and without concealment all the papers and documents pertaining to his vessel and to its cargo. The captain of the vessel, as well as its officers and crew, is likewise forbidden, under severe penalties, to throw overboard, to destroy, or to hold back any of the documents forming part of the papers relating to the vessel and its cargo, either before the visit or while it is in progress. In case we shall have granted armed protection to the commerce under our flag, then merchant captains, who may desire to be received under convoy, shall be required first to show their sailing papers to the commander of the convoy and to be governed by his orders in every particular. ARTICLE 18 Any owner or captain who shall contravene, wholly or partially, the articles and rules of this ordinance, shall forfeit his citizenship and his right to engage in maritime commerce, and shall, furthermore, be liable to prosecution under the fiscal laws, and shall be punished, according to the seriousness of the offense, either as a perjurer or as a violator of royal ordinances. On the other hand, it is our intention to protect and to maintain the rights of all our dear and faithful subjects who shall strictly conform to the above-mentioned rules in their legitimate commerce and navigation. Therefore, we have ordered all our Ministers, consuls, and other agents in foreign countries, to be most active in their efforts to prevent our said subjects from being vexed or molested, and, if they should be, to help them to obtain justice and redress of their grievances. We promise, furthermore, to support all well-founded claims which they may have occasion humbly to lay before us. Given at COPENHAGEN, May 4, 1803. CHRISTIAN R. Declaration of Neutrality of the Republic of the Seven Islands, June, 18031 The Republic of the Seven Islands, having no concern whatever in the matters in dispute between the two Powers, whose good-will and friendship it appreciates, is pleased to see in its midst the public agents of both and shall not cease to show them proper deference and regard. It deems it to be its duty to declare hereby to all Europe, to all the Powers its friends, and particularly to France and England, that it will observe the strictest neutrality, in conformity with the principles of the law of nations, convinced, as it is, that the last two States will observe the same impartiality with respect to it and will not permit the slightest violation of its neutrality, either in the matter of its political and territorial rights, or in the mater of its commercial relations and the property of its subjects. The Government of these Islands therefore orders its inhabitants to have every regard and sentiments of affection and mutual consideration for all the war and merchant ships and all individuals of the two belligerent nations. It enjoins especially, holding them to the strictest accountabliity, all the civil and military employees of this Republic not to permit in any way that any injury, on any pretext whatever, be done to any individualTM who is a subject of either of the two belligerent Powers; for the Government of the Seven Islands desires to remain constantly on the best of terms with them, and to maintain with them relations of friendship and commerce. Decree of the Prince Regent of Portugal concerning the Observance of Neutrality in His States, June 3, 18032 As it is always the object of my paternal wishes and of my royal numents to maintain intact the peaceful relations which happily xist between me and the Powers, my allies and friends; as to this the present circumstances of Europe, it is advisable to define eples which must serve as the basis of a system of absolute 102. French text at Martens, Recueil de Traités, vol. 8, 101. French text at Martens, Recueil de Traités, vol. 8, p. p. neutrality, which it is my intention shall be religiously observed, if war should break out--which Heaven forfend!-among the Powers, my allies and friends; and considering how greatly it is to the interest of the welfare of mankind and to the tranquillity of my States and vassals to prevent the most trivial differences, which might result from ignorance of the ordinances issued to carry out the purpose which I have in mind: I therefore declare "that the privateers of the belligerent Powers shall not be admitted to the ports of my States and dominions nor shall the prizes which may be taken, either by them or by vessels of the line, frigates or other war-ships, except only in cases where the law of nations declares hospitality to be absolutely necessary, and then only on condition that it be not permitted to sell the said prizes or their cargoes discharged in these ports, when there are prizes in such cases; nor may the vessels remain longer than is necessary to avoid danger or to receive the innocent assistance of which they may have need." Likewise the decree of August 30, 1780, in which the same thing is ordered, is renewed and is to be in full force. The war council shall see to the execution of all these ordinances and shall issue the necessary orders to the governors and commanders of provinces, of fortresses, and of maritime localities. QUELUS PALACE, June 3, 1803. Proclamation of the Prince and President of the Senate of the Republic of the Seven Islands, containing Regulations governing the Conduct of His Subjects with regard to the Maintenance of Neutrality, July 9, 18031 On the first news of the renewal of the war between the two high Powers, England and France, the Government of the Seven United. Islands hastened to manifest its sentiments of loyal friendship, devotion, and impartiality toward these Powers, by proclaiming to all Europe its absolute neutrality in the differences between the said belligerent Powers. 1Translations. French text at Martens, Recueil de Traités, vol. 8, p. 103. |