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afterwards have entrance into the waters of the injured neutral refused to it, since all admission of war vessels into neutral waters, unless required by treaty, depends on comity alone. Or its government, if the neutral prefer, or is forced to take that mode of redress, may be required to give satisfaction in regard to the injury."*

Treaties formerly guaranteed vessels from attack within neutral waters, and stipulated that all possible means should be used by the contracting parties to defend the vessels of a friendly nation if attacked within their territory. Many of the earlier treaties made by the United States contained such provisions, but they are no longer inserted in treaties, the well-established principles of international law giving sufficient guarantee of protection in all cases.†

Sec. 11. Immu

nity from at

tack in neu

tral waters.

eral Armstrong.

The case of the American privateer General Armstrong, Case of the Genattacked and destroyed in 1814 by a British squadron while at anchor in the harbor of Fayal, is of interest from its final decision.

The reclamations made by the United States against Portugal, founded on this case, were terminated by the treaty of February 26, 1851, which agreed that the claims should be submitted to arbitration. Louis Napoleon, then Prince President of the French Republic, was chosen as arbitrator. "There is some discrepancy between the American statement, to be deduced from the documents, and the summary of facts on which the award proceeds. The Prince President, in pronouncing that no indemnity was due from Portugal, does not deny the responsibility of a neutral to make compensation to a belligerent whose property has been captured or destroyed within his jurisdictional limits by the opposing belligerent; but he bases his decision on the assumed fact that the American commander had not applied, from the beginning, for the intervention of the neutral sovereign; that by having recourse to arms to repel an unjust aggression of which he pretended to be the object, he had himself failed to respect the neutrality of the territory of the foreign sovereign, and had thereby released that sovereign from the obligation in which he was to afford him protection by any other means than that of a pacific intervention; and that the Portuguese government could not be held responsible for

* Woolsey, Sec. 163. † U. S. Treaties, 1873, France, Prussia, etc.

Case of the

Florida.

the results of the collision which took place in contempt of its rights of sovereignty, and in violation of the neutrality of its territory, and without the local officers having been required, in proper time, and enabled to grant aid and protection to those having a right thereto."*

In the case of the Confederate steamer Florida, captured by the Wachusett in the harbor of Bahia in 1864, the United States promptly accepted the responsibility of the illegal action committed by the commander of the Wachusett, and acceded to the demand of Brazil for reparation. The Florida was sunk by an accident while in the hands of the naval authorities of the United States, but explanations were made of the occurrence that were entirely satisfactory to Brazil, and the affair ended without any interruption of the friendly relations of the two governments. The conditions on which admission into neutral ports is conligerent vessels ceded to the vessels of war of a belligerent are summed up by in neutral ports. Negrin as follows:

Conduct to be observed by bel

Sec. 12. "Free ships, free goods."

"1. They must observe perfect harmony and peace, even towards their enemies in the same port.

"2. They must not enlist men to complete or increase their complements.

"3. Vessels of war or privateers must not increase the number or calibre of their guns.

"4. They must not use the neutral port as a post to maintain a surveillance over an enemy's vessels, or to obtain information as to their future movements.

"5. They must not quit the neutral port until twenty-four hours after the sailing of an enemy's fleet, vessel of war or merchant ship.

"6. No attempt must be made to take by stratagem or force an enemy's prizes that may be found in a neutral port.

"7. No sale of prizes must be made in a neutral port unless they have been previously condemned by a competent court."+

The question of the protection given to enemy's property at sea by a neutral flag, formerly so important in the discussion of international relations, has been practically settled by the Declaration of Paris, the second article of which is: "The neutral flag covers enemy's goods, with the exception of contra

Lawrence's Wheaton, p. 720, n.

† Estudios sobre el Derecho Maritimo, p. 180.

band of war." Nearly all civilized nations, as we have seen, have formally acceded to the principles of the declaration, while those governments which declined to accept it as a whole have signified their adherence to the second article. It is to be noted, however, that the courts of the United States have uniformly declared the law of nations to authorize the capture of enemy's property in neutral ships, in spite of the consistent efforts of our government to reverse the rule.

"The United States and Great Britain have long stood committed to three points, as, in their opinion, established in the law of nations-(1) That a belligerent may take enemy's goods from neutral custody on the high seas; (2) That neutral goods are not subject to capture from the mere fact that they are on board an enemy's vessel; and (3) That the carrying of enemy's goods by a neutral is no offence, and, consequently, not only does not involve the neutral vessel in penalty, but entitles it to its freight from the captors, as a condition to a right to interfere with it on the high seas. While the government of the United States has endeavored to introduce the rule of 'free ships, free goods,' by conventions, her courts have always decided that it was not the rule of war; and her diplomatists and her textwriters-with singular concurrence, considering the opposite diplomatic policy of the country-have agreed to that position."*

At the beginning of the War of Secession, Mr. Seward notified foreign governments that the United States would respect enemy's property in neutral ships. While such a notification would not be binding on the judiciary, practical effect could always be given to it by instructions from the executive department of the government to all commanders of vessels, and, until the principle is regularly established, this course would probably be taken by our government.

neutral's right of communication.

Neutrals have the right of free communication with belli- Sec. 13. The gerent governments, and for one belligerent to refuse ingress or egress to or from an enemy's country for such purposes would be considered an unfriendly act. But the belligerent may seize the ambassadors of the enemy sent to the neutrals, except within the neutral territory or on board neutral vessels.†

*Dana's Wheaton, p. 606, n.

† Woolsey, Sec. 164, comp. Sec. 17, “Blockade.”

APPENDIX I.

PAPERS CARRIED BY AMERICAN VESSELS.

PAPERS DENOTING NATIONALITY:

Register for vessels engaged in foreign trade.*

Enrollment for vessels engaged in coasting trade.

License for vessels engaged in fisheries.

OTHER PAPERS that may be used to determine nationality:

Shipping articles.

Crew list.

OTHER PAPERS CARRIED:

Passenger list.

Manifest of cargo, foreign or coasting.

Bills of lading.

Ship's log-book.

Charter-party, if chartered.

Clearance.

Bill of health.

The tonnage of the vessel must be engraved on the after beam of the main hatch.

The name of the vessel and port of ownership must be painted on the stern. For pleasure yachts, leaving the United States, a special license is issued by the Treasury Department.

THE UNITED STATES OF AMERICA.

Numerals.

Letters.

CERTIFICATE OF REGISTRY.

[Seal.]

rals. |

In pursuance of Chapter One, Title XLVIII, "Regulation of Commerce and Navigation," of the Revised Statutes of the United States,

having taken and subscribed the

law, and having

required by

that he, together with

of

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tenths feet, her breadth

Com. of Navigation. tenths, her depth

is at present Master, is a Citizen of the

said Vessel was built at as appears by

having certified that the and

and

feet and

feet and

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tenths, tenths; that hundredths,

Capacity between decks above the Tonnage.

Deck,

Capacity of inclosures on upper deck, viz.
Gross Tonnage,

Deductions under Section 4153, Revised
Statutes, as amended by Act of August 5,
1882,

* Net Tonnage,

Tons. rooths.

that the following described spaces, and no others, have

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agreed to the description and admeasurement above
specified, and sufficient security having been given
according to law, said vessel has been duly registered at
the Port of

Given under my hand and Seal at the Port of
this
day of
eight hundred and

* Total Tonnage not to be used.

in the year one thousand

of Customs.

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