the government in ordinary circumstances gives judgment that the sale can take place without danger to the neutrality of the state. ART. III. Privateers, even without prizes, are not admitted into Dutch harbors and estuaries, except in the cases specified in Article I. The conclusion of that article is also applicable to this one. They must take in no more provisions than they require for immediate use, of coal hardly as much as is necessary to supply their wants for twenty-four hours. ART. IV. The ships of war of the belligerent parties, provided they submit to the international regulations for their admission into neutral ports, may remain for unlimited time in Dutch harbors and estuaries; they may also provide themselves with an unlimited quantity of coal. The government, however, reserves to itself the right, whenever it is thought necessary for the preservation of neutrality, to limit the duration of such stay to twenty, four hours. ART. V. When ships of the belligerent parties (either ships of war, cruisers, or merchantmen) find themselves at the same time in the same harbor to refit, or in the inner waters of the country, a period of at least twenty-four hours must elapse between the departure of a ship of one belligerent party and the following departure of a ship belonging to another belligerent. This period of time may be lengthened, according to circumstances, by the maritime authorities of the harbors. ART. VI. It is forbidden to furnish to the ships of war of either of the belligerent parties weapons or ammunition, as well as to aid in any way to the increase of his weapons or accouterments. The above-named ministers, THE HAGUE, March 17, 1866. E. CREMERS. The minister of war, charged ad interim with the department of marine. J. W. BLANKEN. The minister of foreign affairs thinks it his duty, in consequence of the war existing between the above-mentioned powers in South America, to call the attention of shipowners, manufacturers, and freighters, to the dangers and difficulties to which they expose themselves if, putting themselves in opposition to their duties to the neutral powers, they do not respect an actual blockade, or transport contraband of war, soldiers, or dispatches intended for one of the belligerents. In these circumstances the parties concerned will be exposed to all results proceeding herefrom, without any protection or intervention from the Netherland government, whatever claims they may make. Also, the government will keep strict watch against the fitting out in this country of armed ships on behalf of the belligerent parties, or the taking part therein by Netherlanders. The above-named minister, THE HAGUE, March 17, 1866. E. CREMERS. [Translation.] ARTICLES 84 AND 85 oF THE PENAL CODE, (NAPOLEON,) BOOK III, TITLE I. ART. 84. Whoever exposes the state to a declaration of war, by hostile acts not approved by the government, shall be punished by banishment, and, if war ensues, by deportation. ART. 85. Whoever exposes Frenchmen to reprisals, through acts not approved by the government, shall suffer banishment. PORTUGAL. LISBON, February 26, 1867. MY LORD; In reply to your lordship's dispatch marked circular, of the 14th instant, instructing me to procure information respecting the neutrality laws in Portugal, Í have the honor to state to your lordship that I have this day received from the Portuguese minister a note, of which a copy, together with a translation by Mr. Duff, is herewith transmitted. Your lordship will perceive that its information is restricted to furnishing me with copies of the Portuguese declarations of neutrality, which are already in the possession of her Majesty's government. I have, therefore, requested further information in a note, of which I beg also to inclose a copy, as to what are the laws, regulations, or any other means at the disposal of the Portuguese government for preventing within their territory any acts which would be violations of the Portuguese neutrality laws as contained in the declarations of neutrality, which M. Cazal Ribeiro has transmitted to me. I have the honor to be, &c., The Right Honorable LORD STANLEY, M. P., &c., &c., &c. A. PAGET FOREIGN DEPARTMENT, LISBON, February 25, 1867. (Received 26th.) MOST ILLUSTRIOUS AND EXCELLENT SIR: I received the note which your excellency was ple ased to address to me on the 19th instant, wherein you inform me that inasmuch as her Majesty's government had appointed a commission to inquire into the neutrality laws in England, and were desirous to obtain information respecting the laws, regulations, or any other measures that may have been adopted in other countries upon this subject, they had instructed your excellency to point out to them what were the laws and regulations of Portugal for the purpose of preventing, within the Portuguese territory, any acts that might be considered to be a violation of the laws of neutrality. And as your excellency requested me to forward to you copies of the laws and regulations to which you refer, as well as any other information that I might be able to furnish upon this point, I have the honor to state to your excellency that, as Portugal professes the most liberal principles with regard to neutrality, and as it is desirous to co-operate towards the consolidation of those principles, and the securing of the freedom of the maritime trade and navigation of neutral powers, it did not hesitate, so far back as the year 1782, to accede to the declaration made by Russia on the 28th of February, 1780, to several powers, and to agree in the convention entered into with that empire, on the 12th of July of the above-mentioned year of 1782, to identical principles with those which are laid down in the second, third, and fourth articles of tha declaration of the congress of Paris of the 16th of April, 1856, on maritime law, declaration to which Portugal fully and entirely adhered, because it was in accordance with the doctrines which it has for so many years professed with regard to neutrality. Before the adhesion of Portugal to the declaration of the 16th of April, 1856, to which I allude, and at the time of the eastern question, the decree of the 5th of May, 1854, (of which a copy is inclosed,) was published in order that the most strict and absolute neutrality should be observed in this kingdom in regard of those powers which were then in a state of war. On the 29th of July, 1861, the Portuguese government being desirous, under the circumstances which then occurred with respect to the United States of America, to enforce a compliance with the principles set forth in the declaration of Paris of the 16th of April, 1856, published the decree of that date, of which I also forward the inclosed copy to your excellency. Finally, by the decree of the 2d of July, 1856, on the occasion of the breaking out of the war between Italy and Austria, as well as between Russia, that empire and other states of Germany, and of which a copy was sent to the several chiefs of missions of Portugal in order that they should communicate the provisions contained therein to the government to which they were accredited, your excellency will see what are the neutrality laws now in force in Portugal. I avail myself, &c., Sir A. PAGET, &c., &c., &c. CAZAL RIBEIRO. BRITISH LEGATION, LISBON, M. LE MINISTRE: I have the honor to acknowledge the receipt of your excellency's note of yesterday's date respecting the neutrality laws of Portugal, and to thank your excellency for the documents with which you have been good enough to furnish me. There is one point, however, upon which her Majesty's government are most desirous of information, to which your excellency's note and the inclosures it contains do not refer, namely, what laws or regulations, or any other means, are at the disposal of the Portuguese government for preventing within its territory any acts which would be violations of the Portuguese neutrality laws, as contained in the declarations of neutrality which your excellency has transmitted to me. If your excellency would supply me with this information, I should be greatly obliged. I avail myself, &c., H. E. M. CAZAL RIBERIO. A. PAGET. LISBON, March 29, 1867. MY LORD: With reference to my dispatch of the 26th ultimo, I have the honor to transmit to your lordship a copy, with translations by Mr. Duff, of a further note which I have received from the Portuguese minister respecting the neutrality laws and their enforcement in Portugal. I have the honor to be, &c., The Right Honorable LORD STANLEY, M. P., &c., &c., &c. A. PAGET. FOREIGN DEPARTMENT, LISBON, MOST ILLUSTRIOUS AND EXCELLENT SIR: I had the honor to receive the note which your excellency was pleased to address to me on the 26th of February last, requesting to be informed, in compliance with the wishes expressed by your government, what laws or means does the Portuguese government possess to enable it to prevent within its territory any acts of violation of neutrality. In reply, it is my duty to state to your excellency that the laws and regulations in the matter are those which were inclosed in my note of the 25th of that month, or were mentioned in those documents, and the means of execution in the case of any violation of neutrality are-criminal proceedings, the use of force, complaints addressed to foreign governments, or any other means in order to meet some particular occurrence. I avail myself, &c., Sir A. B. PAGET, &c., &c., &c. CAZAL RIBEIRO. PRUSSIA. [Received from her Majesty's embassy at Berlin.] NOTE FROM THE MINISTER OF FOREIGN AFFAIRS TO HER MAJESTY'S EMBASSADOR. BERLIN, March 11, 1867. The undersigned has the honor to state, in reply to the note of Lord Loftus, &c., of the 15th ultimo, that the decrees contained in the Prussian code of laws for preventing, during the war between foreign states, acts on Prussian territory which could be construed as an infringement of neutrality, are partly direct and partly indirect. A direct decree is contained in section 78 of the code of punishments of the 14th of April, 1851, by which hostile acts committed by a Prussian in his own country or abroad, or by a foreigner during his residence in Prussia, against a foreign state or its ruler, are punishable, if the same acts committed against the King of Prussia would be held to be high treason. But with respect to acts committed against non-German states, this decree is only enforced when reciprocity is guaranteed by public decrees or treaties. The punishment consists in imprisonment in the house of correction for from two to ten years; but, under extenuating circumstances, in confinement for one to ten years. Should the intention be discovered before the act is carried out, confinement from six months to three years. It is stated in section 61 of what nature these hostile acts must be to render them liable to punishment, viz., every attempt which has for its object: 1. To murder the King, to take him prisoner, to deliver him into the power of the enemy, or to render him incapable of governing; or, 2. Forcibly to alter the succession to the throne or the constitution of the state; or, 3. To incorporate, either entirely or partially, the territory of the Prussian state into a foreign state, or to separate a portion of territory from the whole. Furthermore, in section 111, whoever enlists or causes the enlistment of a Prussian in a foreign military service will be punished with imprisonment for from three months to three years. The attempt to commit this act will be punished in the same manner. Under the head of indirect preventive measures against breach of neutrality come all those laws which enable the government generally to oppose the maturing of acts of violence within the territory of the state. The following clauses of the book of the penal code apply to this: Whoever assembles or commands armed bodies of men without authority, or who furnishes with arms or the necessaries of war a body of men whom he knows to be assembled without the permission of the law, will be punished with imprisonment not exceeding two years. Whoever takes part in such armed meeting has rendered himself liable to imprisonment for a term not exceeding one year. § 340. 2. Whoever secretly, or in defiance of the authorities, stores up arms or ammunition, it not being his trade, will be punished with a fine of 50 Rths., or six weeks' imprisonment. In these cases a confiscation of the stores takes place. The undersigned, &c., for the minister of foreign affairs, THILE. RUSSIA. ST. PETERSBURG, August 29, 1867. MY LORD: With reference to your lordship's dispatch circular of February 14, instructing me to ascertain and report what laws, regulations, and other means the Russian government possess for preventing acts within its territories of which belligerents might complain as a violation of the duties of neutrality, I have the honor to inclose a copy of a note which I have received from M. de Westmann, stating that with the exception of article 259 of the Russian penal code, which forbids Russian subjects to afford military succor to any power in a state of war with a government allied to that of Russia, there are no laws existing in this country of the nature alluded to in your lordship's dispatch. A translation of the article of the penal code referred to is inclosed. I have, &c., The LORD STANLEY, M. P., &c., &c., &c. ANDREW BUCHANAN. [Translation.] ST. PETERSBURG, April 16, (28,) 1867. Mr. EMBASSADOR: In reply to your note of the 26th February, I have the honor to inform you that, with the exception of article 259 of the penal code of the empire, which forbids Russian subjects to afford military succor to any power in a state of war with a government allied to that of Russia, there are no laws for preventing acts of which belligerents might complain as violations of neutrality. Yours, &c., If any Russian subject in time of peace shall by open force attack the inhabitants of a neighboring state or those of any other foreign country, and shall thereby subject his own country to the danger of a rupture with a friendly power, or even to an attack by such foreign subjects on the territory of Russia, for such a crime against international law the offender, and all those who participate voluntarily in his enterprise with a knowledge of its objects and illegality, shall be sentenced to lose all their civil rights, and be condemned to hard labor in a fortress for a term of eight to ten years. SPAIN. [Received from her Majesty's legation at Madrid.] NOTE FROM THE MINISTER FOR FOREIGN AFFAIRS TO HER MAJESTY'S MINISTER. SIR: I have received the note which your excellency addressed to me on the 17th instant, requesting, in the name of your government, a copy of the laws and regulations in force in the Peninsula concerning neutrality. In this matter Spain has always adapted herself to the principles of international right, and solely on the occasion of the late war in the United States did her Majesty's government issue a decree on the neutrality to be observed by Spanish subjects during that contest. Of that document (the only one existing on the subject) a copy has been made, which I have the honor to transmit to your excellency in answer to your above-mentioned note. I avail, &c., H. B. M. MINISTER PLENIPOTENTIARY. E. D. CALONGE. [Translation.] ROYAL DECREE CONCERNING NEUTRALITY IN THE UNITED STATES WAR, ISSUED BY HER CATHOLIC MAJESTY, ON THE 17TH JUNE, 1861. Taking into consideration the relations which subsist between Spain and the United States of America, and the propriety of causing no detriment to the reciprocal senti ments of good understanding on account of the grave events which have happened in that republic, I have resolved to maintain the strictest neutrality in the contest entered into between the Confederate States of the South and the Federal States of the Union; and in order to avoid the prejudice which might result to my subjects and to navigation and commerce in consequence of the want of clear dispositions by which to regulate their conduct, in accordance with my council of ministers, I decree the following: ARTICLE 1. The fitting out, supplying, and equipment of any privateer in any of the ports of the monarchy is prohibited, whatever may be the flag which she may hoist. ART. 2. The proprietors, masters, or captains of merchant vessels are also prohibited from receiving letters of marque, and from contributing in any way to the armament and equipment of vessels of war or privateers. ART. 3. Ships of war or privateers with prizes are prohibited from entering and remaining for more than twenty-four hours in the ports of the monarchy, except in the case of forced arrival. When the latter shall occur, the authorities shall watch the ship, and shall oblige her to put to sea as soon as possible, without permitting her to supply herself with anything more than that which is necessary for the moment, but under no circumstances with arms or with munitions of war. ART. 4. Articles taken from prizes shall not be sold at the ports of the monarchy. ART. 5. The transport of all articles of commerce under the Spanish flag is guaranteed, except when intended for the blockaded ports. The carrying of effects of war and of papers or communications for the belligerents is prohibited. Contraveners will be responsible for their own acts, and will have no right to the protection of my government. ART. 6. All Spaniards are prohibited from enlisting in the belligerent armies, and from engaging themselves for service in vessels of war or privateers. ART. 7. My subjects will abstain from any act which, by violating the laws of the kingdom, might be considered contrary to neutrality. ART. 8. Contraveners of the above orders will have no right to the protection of my government; they will suffer the consequences of the measures taken by the belligerents, and will be punished according to the laws of Spain. SWEDEN. [Received from her Majesty's legation at Stockholm.] NOTE FROM THE MINISTER FOR FOREIGN AFFAIRS TO HER MAJESTY'S MINISTER. [Translation.] STOCKHOLM, February 23, 1867. SIR: In answer to your note of the 19th instant, I have the honor to inform you that the dispositions of the declaration of the Paris Congress of the 16th April, 1856, and of the annexed ordinance of 8th April, 1854, are the only laws now in force on matters of neutrality; and it is a principle with us that, where there is no law or positive fact to regulate the rights and duties of neutrals in time of war, the rules or principles in general use among nations must find application. MANDERSTRÖM. Mr. JERNINGHAM, &c., &c., &c. [Translation.] ROYAL ORDINANCE RELATING TO WHAT MUST BE OBSERVED FOR THE PROTECTION OF THE COMMERCE AND NAVIGATION OF SWEDEN IN TIME OF WAR BETWEEN FOREIGN POWERS. [Issued at Stockholm the 8th April, 1854.] We, Oscar, by the grace of God King of Sweden and Norway, of the Goths and Vandals, hereby make known That, recognizing the necessity, in prospect of threatened collision between foreign maritime powers, for those of our faithful subjects engaged in commerce and navigation to observe strictly the obligations and precautions requisite to secure to the Swiss flag all the rights and privileges of neutrals, and also to avoid every act that might arouse the suspicion of belligerent powers and subject us to insult, we have thought proper to ordain, in reference to what has been already enacted on the subject, that the following rules be hereafter generally observed: 1. To enjoy the rights and privileges due to the Swedish flag as a neutral, every Swedish vessel must have on board the documents required by existing ordinances (see royal ordinances 1st March, 1841, and 15th August, 1851) to prove its nationality, and these documents must be on board during every voyage. |