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of Russia has entirely and explicitly approved of that modification and will cooperate in endeavoring to obtain the assent of other powers, and that assurances of a similar purport have been received in relation to the disposition of the Emperor of the French.

The present aspect of this important subject allows us to cherish the hope that a principle so humane in its character, so just and equal in its operation, so essential to the prosperity of commercial nations, and so consonant to the sentiments of this enlightened period of the world will command the approbation of all maritime powers, and thus be incorporated into the code of international law.

My views on the subject are more fully set forth in the reply of the Secretary of State, a copy of which is herewith transmitted, to the communications on the subject made to this Government, especially to the communication of France.

112

The Secretary of State (Marcy) to the Minister in Great Britain

No. 48

(Dallas)1

WASHINGTON, January 31, 1857. SIR: I have prepared by direction of the President, a draft of a Convention to be submitted to all commercial powers in relation to maritime law. It embodies, as you will perceive, the "Declaration." of the Congress of Plentipotentiaries at Paris in the precise terms used therein, with the addition of the amendment proposed by this Government to the first principle of that declaration. That amendment is in the very words in which it was announced in my note to Count de Sartiges, the French Minister, of the 28th of July last. In regard to form, the draft may appear a little incongruous, but any considerable change of language used in the declaration and proposed amendment might open a discussion which would delay, if not embarrass, the negotiation. The propositions made by the Congress have already been brought under the consideration of all commercial nations, and they have generally formed opinions in regard to them. The amendment suggested by this government has also become widely known and been much discussed, and it has been deemed inexpedient to change any of the terms in which it was at first expressed. It must be admitted that the amendment to the

1MS., Instructions, Great Britain, vol. XVII, pp. 58-60.

The same, mutatis mutandis, on the same date, to the Minister in France and on Feb. 3, 1857, to the Ministers in Austria, Denmark, and Prussia.

first principle of the Paris declaration, in the main accomplishes the object proposed by the second and third principles of the Declaration. If it had been intended to reach the object contemplated by the amendment when the Declaration was under consideration, the proposition, contained in it would doubtless have been presented in a form varying from the draft herewith furnished, but the principles proposed for adoption would not, as I conceive, have been thereby more perspicuously put forth. If the Government of Great Britain. is willing to concur in these principles, it will not I presume, object to the form in which they are embodied in the draft.

The President has had under consideration the expediency of adding another article to the projét, relative to vessels and their cargoes which may happen to be in the harbors or territorial waters of any enemy on the outbreak of a war. After having concurred in the principle which secures immunity to the private property of belligerents on the high seas it is not probable that any power will attempt to seize and confiscate such property when it shall be found in its harbors or littoral waters at the commencement of hostilities. The conduct of the Governments of Great Britain and France at the opening of the late war with Russia, is an implied pledge that such would not be the case. They allowed all Russian Merchant ships in their respective harbors when war was declared, to depart with their cargoes without molestation. This course would I venture to presume be followed by all enlightened nations under similar circumstances. Next in importance to the subjects contained in the enclosed draft are those which relate to the laws of blockade and articles contraband of war. These, particularly the latter, are embarrassing subjects and if introduced into the present negotiation, might delay and perhaps defeat those embraced in the draft. Having in the close of my note to the Count de Sartiges, of the 28th of July last, expressed an intention not to embarrass this negotiation with the subjects of blockades and contraband articles, the President has not felt at liberty to include them in the projét. Yet he is very desirous that they should have full and prompt consideration, and that the enlightened policy which led to the present negotiations should be extended to maritime rights in regard to contraband and Blockade.

With the draft you will receive full powers from the President to conclude a Convention pursuant to it. As soon as it is convenient after you have received these documents, you will invite the Government of Great Britain to conclude the proposed Convention with the United States.

I am [etc.]

W. L. MARCY

[Enclosure]

Project of a Treaty Respecting Maritime Law 1 The United States of America, and animated by a common desire to render more intimate the relations of friendship and good understanding, now so happily subsisting between them and more especially to establish these relations in accordance with the present state and progress of civilization have mutually resolved to declare by means of a formal convention, the principles of maritime law which the high contracting parties acknowledge as the basis of neutral and belligerent rights at sea, and which they agree to recognize as permanent and immutable, and to observe between themselves and with other powers which shall recognise and observe the same towards the parties to this convention.

For this purpose the President of the United States has conferred full powers on has conferred like powers

on

and

and said Plenipotentiaries after having exchanged their full powers found in good and due form, have concluded and signed the following articles:

ARTICLE I

The high contracting parties do hereby agree to observe the following principles as immutable rules of Maritime Law

First: That Privateering is and remains abolished and the private property of subjects or citizens of a belligerent on the high seas, shall be exempted from seizure by the public armed vessels of the other belligerent except it be contraband.

Second. The Neutral flag covers enemy's goods with the exception of contraband of war.

Third. Neutral goods with the exception of contraband of War are not liable to capture under enemy's flag.

Fourth. Blockades, in order to be binding must be effective; that is to say maintained by a force sufficient really to prevent access to the coast of the enemy

ARTICLE II

The High Contracting Parties, do hereby declare that henceforward in judging of the rights of citizens and subjects of neutral nations, they will observe the principles contained in the foregoing article, and be guided by them, and that all nations which shall stipulate by treaty to accede to the aforesaid principles and observe the same, shall enjoy the rights secured thereby as fully as the two powers signing this convention.

'MS., Instructions, Great Britain, vol. xvii, pp. 65–67

This Convention shall be ratified by the President of the United States by and with the advice and consent of the Senate thereof and by and the ratification's shall be exchanged at within fifteen months to be counted from the date of the signature hereof or sooner, if possible.

113

The Secretary of State (Cass) to the Minister in Great Britain

No. 60

(Dallas)1

WASHINGTON, April 3, 1857.

SIR: With reference to the instructions which have heretofore been given to you with a view to a modification of the rules of maritime law which were proposed by the conference at Paris, I am directed by the President to instruct you to suspend negotiations upon the subject until you shall have received further instructions. He has not yet had time to examine the questions involved, and he deems it necessary to do so before any further steps in the matter are taken. I am [etc.] LEWS CASS

114

Treaty of Peace, Friendship, Commerce, and Navigation between the United States and Bolivia, May 13, 1858 2

[Articles IX, XV-XX]

ARTICLE IX

Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, ports or dominions of the other with their vessels, whether merchant or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacles or hinderance of any kind. And the provisions of this article shall apply to privateers or private vessels of war as well as public, until the two high contracting parties may relinquish the right of that mode of warfare, in consideration of the general relinquishment of the right of capture of private property upon the high seas.

1MS., Instructions, Great Britain, vol. xvII, p. 71.

Also sent, on the same date, to the Minister in France, and on Apr. 7, 1857, to the Ministers in Austria and Prussia.

2 Malloy, Treaties, Conventions, etc., vol. 1, pp. 113-125.

ARTICLE XV

It shall be lawful for the citizens of the United States of America, and of the Republic of Bolivia, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from places and ports of those who are enemies of both or either party, to the ports of the other, and to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of one power or of several.

ARTICLE XVI

The two high contracting parties recognize as permanent and immutable the following principles, to wit:

1st. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or State at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war.

The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable.

ARTICLE XVII

This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be comprehended:

1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms.

2d. Bucklers, helmets, breastplates, coats of mail, infantry-belts and clothes made up in the form and for a military use.

3d. Cavalry-belts, and horses, with their furniture.

4th. And, generally, all kinds of arms, offensive and defensive, and instruments of iron, steel, brass and copper, or any other materials

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