65 et suivants du décret du 24 Mars, 1852, 313 et suivants du code pénal maritime, et l'article 21 du code Napoléon; Déclare: 1. Il ne sera permis à aucun navire de guerre ou corsaire de l'un ou l'autre des belligérants d'entrer et de séjourner avec des prises dans nos ports ou rades pendant plus de vingt-quatre heures, hors le cas de relâche forcée. 2. Aucune vente d'objets provenant de prises ne pourra avoir lieu dans nos dits ports ou rades. 3. Il est interdit à tout Français de prendre commission de l'une des deux parties pour armer des vaisseaux en guerre, ou d'accepter des lettres de marque pour faire la course maritime, ou de concourir d'une manière quelconque à l'équipement ou l'armement d'un navire de guerre ou corsaire de l'une des deux parties. 4. Il est également interdit à tout Français, résidant en France ou à l'étranger, de s'enrôler on préndre du service, soit dans l'armée de terre, soit à bord des bâtiments de guerre ou des corsaires de l'un on de l'autre des belligérants. 5. Les Français résidant en France ou à l'étranger devront également s'abstenir de tout fait qui, commis en violation des lois de l'empire ou du droit des gens, pourrait être considéré comme un acte hostile à l'une des deux parties, et contraire à la neutralité que nous avons résolu d'observer. Les contrevenants aux défenses et recommendation contenues dans la présente déclaration seront poursuivis, s'il y a lieu, conformément aux dispositions de la loi du 10 Avril, 1825, et aux articles 84 et 85 du code pénal, sans préjudice de l'application qu'il pourrait y avoir lieu de faire aux dits contrevenants des dispositions de l'article 21 du code Napoléon, et des article 65 et suivants du décret du 24 Mars, 1825, sur la marine marchande, 313 et suivants du code pénal pour l'armée de mer. Sa majesté déclare, en outre, que tout Français qui ne se sera pas conformé aux présentes préscriptions ne pourra prétendre à aucune protection de son gouvernement contre les actes ou mesures, quels qu'ils soient, que les belligérants pourraient exercer ou décréter. Le ministre des affaires étrangères, E. THOUVENEL. NAPOLEON. A decree, of which a translation is subjoined, was on the 17th June, 1861, issued by the government of the Queen of Spain:1 [Translation.] PALACE, June 17, 1861. Taking into consideration the relations which exist between Spain and the United States of America, and the desirability that the reciprocal sentiments of good understanding shall not be changed by reason of the grave events which have taken place in that republic, I have resolved to maintain the most strict neutrality in the contest begun between the Federal States of the Union and the States federated at the South; and in order to avoid the damage which might accrue to my subjects and to navigation and commerce, from the want of clear provisions to which to adjust their conduct, I do decree the following: ARTICLE 1. It is forbidden in all the ports of the monarchy to arm, provide, or equip any privateer vessel, whatever may be the flag she displays. ART. 2. It is forbidden in like manner to the owners, masters, or captains of merchaut-vessels to accept letters of marque, or contribute in any way whatsoever to the armament or equipment of vessels of war or privateers. ART. 3. It is forbidden to vessels of war or privateers with their prizes, to enter or to remain for more than twenty-four hours in the ports of the monarchy, except in case of stress of weather. Whenever this last shall occur, the authorities will keep watch over the vessel, and oblige her to go out to sea as soon as possible without permitting her to take in any stores except those strictly necessary for the moment, but in no case arms nor supplies for war. ART. 4. Articles proceeding from prizes shall not be sold in the ports of the monarchy. ART. 5. The transportation under the Spanish flag of all articles of commerce is guaranteed, except when they are directed to blockaded ports. The transportation of effects of war is forbidden, as well as the carrying of papers or communications for belligerents. Transgressors shall be responsible for their acts, and shall have no right to the protection of my Government. ART. 6. It is forbidden to all Spaniards to enlist in the belligerent armies, or take service on board of vessels of war or privateers. [11] 'ART. 7. My subjects will abstain from every act which, in violation of the laws of the kingdom, can be considered as contrary to neutrality. 1 Appendix, vol. iii, p. 22. ART. 8. Those who violate the foregoing provisions shall have no right to the protection of my Government, shall suffer the consequences of the measures which the belligerents may dictate, and shall be punished according to the laws of Spain. SIGNED WITH THE ROYAL HAND. The Minister of State, SATURNINO CALDERON COLLANTES. The following public notifications were, previously to the 16th June, 1861, issued by the government of the King of the Netherlands: 1 [Translation.] THE HAGUE. In obedience to the King's orders, the ministers for foreign affairs, of justice, and of the marine, present to the knowledge of all whom it may concern, that to guard against probable difficulties during the doubtful complications in the United States of North America, no privateers under any flag, or provided with any commission or letters of marque, or their prizes, shall be admitted into our havens or sea-ports, unless in case of distress, and that requisite orders be issued that under any circumstances such privateers and their prizes be required to go to sea again as speedily as possible. The ministers above named. [Translation.] THE HAGUE. The minister for foreign affairs and the minister of justice, by the King's authority, warn, by these presents, all inhabitants of the kingdom, that during the existing disturbances in the United States of America they in nowise take part in privateering, because the Netherlands government has acceded to the declaration upon maritime rights set forth by the Paris conference of 1856, whereby, among other matters, privateering is abolished, and no recognition of commissions obtained for letters of marque is permitted. Also that commissions and letters of marque, in conflict with the aforesaid prohibition, which may be issued to inhabitants of the Netherlands, cannot have legal effect in behalf of the King's subjects, or of any abroad who are in subjection to the laws of the kingdom. Those who, under such circumstances, engage in privateering or lend their aid in it to others, will be considered as pirates, and prosecuted according to law in the Netherlands, and subjected to the punishment provided for the commission of such offenses. The ministers above named. [Translation.] THE HAGUE, June, 1861. The minister for foreign affairs, apprised by a communication from the minister of marine that the King had authorized the naval force in the West Indies to be seasonably strengthened by His Majesty's steam-frigate Zealand and the screw-propellers Dyambi and Vesuvius, for the purpose of giving protection to the trade and navigation of the Netherlands during the contest which seems to be in existence in the United States of North America, wherever it may be desired, accordingly esteems it to be his duty to direct the attention of shipmasters, consignees, and freighters to the peril to which their insurance against loss will be exposed by any violation of the obligations imposed on neutral powers to respect actual blockades, and not to carry contraband of war, or dispatches of belligerents. In these cases they will be subject to all the resulting losses that may follow, without the benefit of any protection or intervention on the part of His Majesty's government. Of which take notice. The minister above named. The government of the Emperor of Brazil issued the following circular, addressed to the presidents of provinces within the Brazilian Empire: 2 Circular to the presidents of provinces. [Translation.] RIO DE JANEIRO, MINISTRY OF FOREIGN AFFAIRS, August 1, 1861. ILLUSTRIOUS AND EXCELLENT SIR: The strife that has broken out between the Federal Government of the United States of North America and some of those States which have declared themselves constituted as a separate confederation, may produce 1 Appendix, vol. iii, p. 27. 2 Ibid., p. 24. questions for our country, for the solution of which it is important that your excellency should be prepared; and I have, therefore, received orders from His Majesty the Emperor to declare to your excellency that the imperial government considers that it ought to maintain itself in the most strict neutrality during the war in which those States are unhappily engaged; and in order that neutrality may be preserved, it is fitting that the following determinations be observed: The Confederate States have no recognized existence; but, having constituted a distinct government de facto, the imperial government cannot consider their naval armaments as acts of piracy, nor refuse them, with the necessary restrictions, the character of belligerents which they have assumed. In conformity with this, Brazilian subjects are to abstain from all participation and aid in favor of one of the belligerents, and they must not take part in any acts which can be considered as hostile to one of the two parties, and contrary to the obligations of the neutrality. The exportation of warlike articles from the ports of the empire for the new Confederate States is absolutely prohibited, whether it is intended to be done under the Brazilian flag or that of another nation. [12] *The same trade in contraband of war must be forbidden to Brazilian ships, although they may be destined for the ports subject to the government of the North American Union. No ship with the flag of one of the belligerents, and which may be employed in this war, or intended for it, can be provisioned, equipped, or armed in the ports of the empire; the furnishing of victuals and naval provisions indispensable for the continnation of the voyage not being included in this prohibition. No ship of war or cruiser shall be allowed to enter and remain with prizes in our ports or bays more than twenty-four hours, except in case of forced arrival, and they shall in no way be allowed to dispose of the said prizes, or of objects coming from them. In the execution of these measures, and in the solution of the questions which may arise, your excellency will be guided by the principles of international law, keeping in mind the instructions issued by this ministry on the 18th of May, 1854, retaining the purport of the circular of the 30th of July, 1859, relative to the United States at strife with the Confederate States; and you will communicate to the imperial government any difficulties or extraordinary occurrences that require fresh instructions. I repeat, &c. BENVENUTO AUGUSTO DE MAGALHAES TAQUES. To his Excellency the PRESIDENT of the Province of Declarations, decrees, or notifications were likewise issued by other maritime powers. THE SUMTER. Of the armed ships sent to sea by the Confederate States during the first year of the war, two only, the Sumter and Nashville, entered any port belonging to a European power. It is necessary to state briefly the circumstances which occurred in relation to these vessels. The Sumter was a steam-ship which had been purchased by the navy department of the government of the Confederate States, was commissioned as a public ship of war in the service of those States, and was commanded by an officer who had previously held a commission in the Navy of the United States. It appears from the message of Mr. Jefferson Davis, dated 29th April, 1861, and hereinbefore referred to, that she had at that date been purchased and manned, and was being actively prepared for sea. She sailed from the Mississippi River on the 30th June, 1861, cruised for six months, and captured seventeen prizes. In the course of this cruise she entered (in the order herein named) ports within the dominions of the following sovereigns and States, namely, the Queen of Spain, the King of the Netherlands, the republic of Venezuela, the Queen of Great Britain, the Emperor of Brazil, and the Emperor of the French. She obtained coal and supplies in the ports of Cienfuegos, Curaçoa, Paramaribo, Trinidad, and Martinique successively. At the time of her arrival at Cienfuegos she had with her six prizes, captured since her departure from New Orleans, and these she left behind her in harbor when she sailed. The Government of the United States complained to the Spanish government of the admission of the Sumter into port, and of her having been permitted to take in coal and water; and demanded that the prizes should be released, on the ground that the capturing vessel was a pirate. The Spanish government did not assent to the demand that the Sumter should be treated as a pirate; but the prizes which she had left in port were set at liberty by order of the captain-general of the island, on the ground that they were proved, on examination, to have been captured within the territorial waters of Cuba under unlawful circumstances. The Sumter approached the port of St. Anne's, Curaçoa, on the 15th July, hoisted the flag of the Confederate States, and requested permission to enter. The governor of the island withheld this permission until assured that she was not a privateer, the regulations issued by the government of the Netherlands prohibiting the admission of privateers unless in case of distress, but granted it upon receiving from her commander a declaration in writing that the "Sumter was a ship of war duly commissioned by the government of the Confederate States." In accepting this declaration as sufficient, without further proof, he acted upon the unanimous advice of his colonial council. The Sumter remained eight days in port, and took in coal. With reference to these facts the Government of the United States, on the 15th of August, 1861, addressed to the government of the Netherlands a complaint and a demand for reparation. The latter government answered that it had faithfully fulfilled its duty as a neutral power, and would continue to adhere to it in future. In the dispatch conveying this answer the following propositions (among others) were laid down and affirmed by the government of the Netherlands: 2 [13] 1. According to the principles of the laws of nations, all nations, without exception, may admit vessels of war belonging to a belligerent state to their ports, and accord to them all the favors which constitute an asylum. 2. As evidence that the Sumter was not a privateer, the governor of Curaçoa was bound to be satisfied with the word of her commander given in writing, and had no right to demand further proofs. 3. The Sumter was not, however, in fact a privateer, not being the property of private owners. She was a ship of war. 4. It cannot be admitted that all vessels carrying the confederate flag should, as contended by the Government of the United States, be considered as privateers; because the principles of the law of nations, as well as the examples of history, require that the rights of war should be accorded to those states. 5. Much less can these vessels be regarded as pirates, or "engaged," in the words of the American Secretary of State, "in a piratical expedition against the commerce of the United States." This would be incompatible with neutrality. Adhering to these principles the government of the Netherlands recognized, at the same time, that it is the duty of a neutral state to take care that vessels of the belligerent parties commit no act of hos tility within the limits of its territory, and do not keep watch in the ports of its dominion to attack from them vessels of the enemy; and it informed the Government of the United States that instructions on this head would be sent to the governors of the King's colonial possessions. Subsequently to this correspondence, and on the 19th of August, 1861, 1 Appendix, vol. ii, p. 725. 2 Ibid., p. 730. the Sumter was admitted into the port of Paramaribo, in Dutch Guiana, and coaled there, remaining in port eleven days.1 The government of the Netherlands shortly afterwards issued orders to the authorities in its colonial possessions to the effect that no vessel of either belligerent should be allowed to take in more coal than would be sufficient for twenty-four hours' consumption, or to remain in port during a longer period than forty-eight hours. 2 Before arriving at Paramaribo the Sumter had visited Puerto Cabello, in Venezuela, and the British island of Trinidad. She remained in port, at the latter place, during six days, and purchased from private merchants coal and provisions. Her commander had applied for permission to purchase coal from the government stores; but this had been refused by the governor. With reference to these facts the subjoined correspondence passed between the Government of the United States, through its minister in London (Mr. Adams) and the government of Her Britannic Majesty :3 Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, September 30, 1861. The undersigned, envoy extraordinary and minister plenipotentiary of the United States, regrets to be obliged to inform the right honorable Earl Russell, Her Majesty's principal secretary of state for foreign affairs, that he has been instructed by the President of the United States to prefer a complaint against the authorities of the Island of Trinidad for a violation of Her Majesty's proclamation of neutrality, by giving aid and encouragement to the insurgents of the United States. It appears by au extract from a letter received at the Department of State from a gentleman believed to be worthy of credit, a resident of Trinidad, Mr. Francis Bernard, a copy of which is submitted herewith, that a steam-vessel known as an armed insurgent privateer, called the Sumter, was received on the 30th of July last at that port, and was permitted to remain for six days, during which time she was not only furnished with all necessary supplies for the continuance of her cruise under the sanction of the attorneygeneral, but that Her Majesty's flag was actually hoisted on the government flag-staff in acknowledgment of her arrival. The undersigned has been directed by his Government to bring this extraordinary proceeding to the attention of Lord Russell, and, in case it shall not be satisfactorily explained, to ask for the adoption of such measures as shall insure, on the part of the authorities of the island, the prevention of all occurrences of the kind during the continuance of the difficulties in America. The undersigned deems it proper to add, in explanation of the absence of any official representation from Trinidad to substantiate the present complaint, that there was no consul of the United States there at the time of the arrival of the vessel. The undersigned had the honor, a few days since, to apprise Lord Russell of the fact that this deficiency had been since supplied by preferring an application for Her Majesty's exequatar for a new consul, who is already on his way to occupy his post. The undersigned, &c. (Signed) CHARLES FRANCIS ADAMS. TRINIDAD, August 7, 1861. SIR: I beg to inform you that on the 30th ultimo a steam sloop of war (Semmes commander) carrying a secession flag, five guns, some of a large caliber, and a crew of from 120 to 150 men, sailed boldly into our harbor, and reported herself to the authorities of this island as being on a cruise. She was last from Puerto Cabello; and since she succeeded in getting out of the Mississippi River she has already captured no less than eleven American vessels. I have ascertained the names of some of them, viz: the Joseph Maxwell, Abe Bradford, Minnie Miller, West Wind, of Westerly, with a cargo of sugar from Havana, and Golden Rocket, which was burnt by her off the coast of Cuba 'Appendix, vol. ii, p. 734. 2 Ibid., p. 737. 3 Ibid., p. 3. |