2. Captains are positively forbidden to have duplicate or false papers or bills of lading on board, and to hoist any foreign flag, on any occasion or pretext whatever. 3. If the crew of a Swedish vessel, while abroad, is diminished so as to not have enough left to work it, a complement must be taken from neutrals; but in no case shall the portion of the crew taken from belligerents exceed one-third. Every change of this kind, with causes for it, shall be noted on the crew-list, and be certified by the Swedish consul or vice-consul, or, those wanting, by the mayor or a notary public, according to the usages of the country.

4. Swedish vessels, as neutrals, may freely navigate in the ports and on the coasts of nations at war; but they must not attempt to enter a blockaded port, if notified of such a condition by the commanding officer of the blockade.

By a blockaded port is understood one so closed by many war vessels, stationed so near to each other that no vessel can pass without evident risk.

5. All sorts of goods, even belonging to the belligerents, may be freely carried on neutral Swedish vessels, with the exception of articles contraband of war. The following articles are contraband of war: cannons, mortars, arms of all kinds, bombs, grenades, bullets, flints, matches, powder, niter, sulphur, shields, pikes, belts, cartridgeboxes, saddles and bridles, as well as everything used in war; excepting, of course, the quantity of such material as may be necessary to defend the vessel.

6. Every Swedish captain is prohibited from using his vessel to carry dispatches, troops, or munitions of war, for belligerents; and if forced to do so, he shall make a formal protest against such force.

7. Vessels of belligerent powers may import or export to or from Swedish ports all sorts of produce or goods not contraband of war.]

8. Every Swedish vessel is forbidden to arm or equip vessels to cruise against any belligerent power, their subjects or property, or to take part in any ships for that purpose. They are also forbidden to accept service on board privateers.

9. No privateer shall be allowed to enter a Swedish port, nor to hover on the coast. No prizes shall be brought into Swedish ports, unless from stress of weather. Our subjects are also forbidden to buy captured goods from privateers.

10. When a captain without escort is met at sea by a war vessel of a belligerent, he must show his papers, and not conceal any or throw them overboard.

11. When merchant vessels are escorted, their captains must conform to the royal ordinance of the 10th June, 1852.

12. The captain who observes the above regulations enjoys a free navigation by the law of nations; and if he is molested, he must appeal to our ministers and consuls abroad for redress and damages. The captain who neglects them does so at his own risk, and forfeits our protection.

13. In case a Swedish ship is seized, the captain must make a certified report of the seizure to his consul or vice-consul, at the port where he is carried, or to the nearest consul or vice-consul.

We command and order all persons interested to conform to the above regulations. In faith whereof, we have signed the present with our hand, and have affixed our royal seal thereto.

Done at the palace of Stockholm, on the 8th of April, 1854.

J. F. FAHRÆUS.

UNITED STATES.

OSCAR. [L. S.]

WASHINGTON, February 18, 1867.

MY LORD: I have the honor to acknowledge the receipt of your lordship's telegram of the 14th instant, inquiring what laws, regulations, or other means the United States government possess for the prevention of acts within their territories of which belligerents might complain as violating duties of neutrality.

The only law on the subject is the neutrality act of 1818. In the accompanying volume of Brightley's Digest I have marked the law. In the foot-notes your lordship will find the principal cases which have been decided in the courts of the United States bearing upon the construction of the statutes.*

*NOTE. The references here mentioned are the following:

(a) At end of sec. 1. "See 2 McLean, 2; 5 Ibid., 250."

(b) Sec. 2, after words "If any person." "Foreigh consuls are not exempted from the penal effects of the statute. A foreign minister who violates its provisions is liable to be summarily dismissed. 7Opinions, 367." [N. B. The opinion here referred to is that of Caleb Cushing, which has been circulated among the commissioners.]

(c) In 2d sec., after the second "himself." "This act is declaratory of the pre-existing law of nations, and was intended to aid the Executive in the enforcement of that law. The 'Santissima Trinidada,' 1 Brock, 7 Opinions, 367."

(d) In sec. 2, after word "Enlisted." "It is not a crime under this act to leave this country with intent to enlist in foreign military service; nor to transport persons out of the country with their own

11 A C-VOL. IV

When a complaint is addressed to the government, of a vessel being fitted out in breach of the law, the matter is referred for investigation to the district court attorney (an officer of the federal government) in the State in which the vessel is situated. It is his duty to see that the law is respected, and it is incumbent upon him to receive and collect evidence, and to libel the ship if in his opinion the circumstances of suspicion are sufficient to warrant the institution of legal proceedings against her. He then reports the case to the government, who decide either in proceeding with the libel or on releasing the vessel. In the latter event it is in the power of the government to call upon the owners to give bonds in double the value of the vessel not to employ her for illegal purposes. This course is pursued where the evidence shows grounds for suspicion, but when the grounds are not strong enough to warrant a prosecution with a view to forfeiture. Mr. Bemis, in a pamphlet on the neutrality laws, states that the bonds only affect the owners so long as the vessel remains in their possession, and he seems to be of the opinion that in the event of a bonâ fide sale, and of her subsequent employment as a cruiser or privateer against a friendly power, it would not be found possible to enforce the penalty against the original owners.

I inclose a newspaper extract with reference to the proceedings against a steamer called the R. R. Cuyler, which will show the manner in which the government acts. In this case the attorney general directs that the libel be dismissed, and the vessel restored to the owners on their executing a bond as required by statute.

Though there are no specific regulations in force as to the mode in which the law is to be carried out, I apprehend it may be inferred that this government would consider any circumstances of suspicion attending the fitting out or equipment of a ship as sufficient to warrant her detention until the case can be investigated by the district attorney. It is not necessary that the allegations should be of such gravity as, if proved, would warrant her forfeiture. The owners may be compelled by law to give a bond previous to the sailing of an armed vessel, to guard against the possibility of her being employed against a friendly power should war exist between two countries at peace with the United States. And a similar bond can be exacted, under certain contingencies mentioned in the statute, from the owners of any vessel built for warlike purposes and laden with war material.

It is to be presumed that these provisions are intended to apply to cases of war ships fitted out during time of war, where no direct evidence appears of illegal intent, but where the government thinks it advisable to call upon the owners to find security for keeping the peace. In order to effect this object it is evident that a wide discretion must be left to the government for the exercise of the power of detention.

I may remark that the government of the United States has considerable advantages in proceeding against vessels under the statute. They have on the spot where the preparations are being made the district attorney, a legal officer responsible to the government, to whom the duty of investigation is committed. The libel is in the nature of a proceeding in admiralty "in rem." It is decided by a judge conversant with international and maritime law, and without the intervention of a jury. The failure of the attempt to stop or punish the persons engaged in the expeditions against Cuba, and the suspension of proceedings against the men who took part in the Fenian raids against the British Provinces, in spite of the clearest evidence, shows the difficulty of enforcing the law when it has to be put in operation "in personam,” and when it is dependent on the verdict of a jury.

I have, &c.,

The LORD STANLEY, M. P., &c., &c., &c.,

FREDERICK W. A. BRUCE.

consent who have an intention of so enlisting. To constitute a crime under this statute such persons must be hired or retained to go abroad with the intent of such enlisting. United States v. Karinski, 8 Law Reports, 254. See 4 Opinions, 336."

(e) In sec. 3, after the first " arm. "Either will constitute the offense; it is not necessary that the vessel should be armed, or in a condition to commit hostilities on leaving the United States. United States v. Quincy, 6 Pet., 445. See 3 Opin., 738, 741."

(f) In sec. 3, after the word "armed." "See United States v. Guinet, 2 Dall., 328."

(g) In sec. 3, after words "with intent." "Any degree of intent to commit hostilities against a nation with which this government is at peace is sufficient. 5 Opin., 92. But there must be a fixed intention that the vessel should be so employed; a mere wish so to employ her, if he could obtain funds on her arri val at a foreign port for the purpose of arming her, is not sufficient to render the defendant guilty. United States v. Quincy, 6 Pêt., 445; Moodie v. The Alfred, 3 Dall., 307. But the fact that the arms and ammunition were cleared out as cargo, and the men shipped as for a common mercantile voyage, will not vary the case. The Gran Para, 7 Wheat., 486."

(h) In sec. 3, after word "people." "United States v. Quincy, 6 Pet., 467."

(i) In sec. 5, after first "vessel." "As to what amounts to the augmentation of the force of a foreign armed vessel within our ports, see United States v. Grassin, 3 W. C. C., 65; the schooner Nancy, Bee., 73; Moodie v. The Ship Brothers, Ibid., 76; Moodie v. The Betty Cathcart, Ibid., 292; United States v, Guinet, 2 Dall., 328; 2 Opin., 86."

(k) In sec. 6, after first " United States." "It is unimportant that such association originated beyond seas, if the expedition was carried on from hence. Ex parte Needham, Pet. C. C., 487."

(1) In sec. 6, after words "means for." "See 5 McLean, 250, 306; 2 Wheat. Cr. Cas., xlviii; 3Ibid., 174."

THE STEAMER R. R. CUYLER-CONSPIRACY ON BOARD TO ASSUME CONTROL OF THE VESSEL AT SEA-THE OWNERS NOT CULPABLE-THE VESSEL TO BE BONDED.

NEW YORK, February 15.

The suspicion that the steamship R. R. Cuyler was intended for a piratical enterprise appears, from facts which have come to light since the seizure by the government, to have been well founded. The theory advanced, which there is no grounds for doubting, is, that there was a conspiracy on board to assume control of the vessel after she had gone to sea, and thus deprive the lawful owners of their property, who were not to receive their pay for her until she was delivered at Laguayra, Venezuela, to the Colombian government. Whatever may have been intended by the extraordinary personages on board, and however they may have intended to execute their plans, are matters no longer to be regarded with alarm, as the party has been dispersed, and the owners required to file bonds in twice the value of the vessel that she shall not be used by them to commit hostilities against any nation with which this government is at peace. This is sufficiently set forth in the following letter, received by Collector Smythe from the Secretary of the Treasury yesterday:

ORDER TO THE COLLECTOR.

TREASURY DEPARTMENT, February, 1867.

SIR: I transmit herewith a copy of the letter of this date from the Attorney General of the United States at New York to the United States district attorney at New York, relative to the steamship R. R. Cuyler. You are hereby instructed to carry out the decision of the President, to release the R. R. Cuyler to the owners, upon being advised in writing by the United States district attorney that the required bond has been given and the proceedings in court dismissed.

Very respectfully,

H. A. SMYTHE,

Collector of Customs, New York.

H. MCCULLOCH,

Secretary of the Treasury.

The following is a copy of the letter of the Attorney General:

THE ATTORNEY GENERAL'S LETTER.

ATTORNEY GENERAL'S OFFICE, February 13, 1867.

In re steamship "R. R. Cuyler."

SIR: The President has had under his consideration the case of the steamship R. R. Cuyler, now detained at the port of New York under a seizure made by the customs officers, and a libel filed by you on or about the 5th of the current month, for alleged infraction of our neutrality laws.

The decision of the President had thereon is that such circumstances are shown as to require bond and security to be given by the owners, Messrs. Sturges, Taylor, Hubbell & Dollard, according to the provisions of the 10th and 11th sections of the act of April 20, 1818, entitled, "An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein named."-3d vol. Statutes at Large, p. 447.

You are accordingly instructed that, upon the entering and delivery to you of such bond to the United States, with sufficient sureties, prior to the clearing of the vessel, in double the amount or the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, as provided by the said 10th section, you will dismiss the proceedings so instituted. Instructions will be sent to the collector of the port by the Secretary of the Treasury for the release of the vessel to her owners, when you advise them that the bond has been given and the proceedings in court have been dismissed.

I am, very respectfully, &c.,

SAMUEL G. COURTNEY, Esq.,

U. S. District Attorney, New York City.

HENRY STANBERY,
Attorney General.

CASE OF THE R. R. CUYLER-ALLEGED CONSPIRACY OF AN EX-REBEL CAPTAIN AND CREW TO TURN THE VESSEL INTO A CHILIAN PRIVATEER-BONDS REQUIRED BY THE GOVERNMENT.

[From the New York Post.]

The steamship R. R. Cuyler, seized some time ago by the customs authorities of this port, and held for examination on a charge that she was destined for an illegal voyage, is still in the hands of the officers, but the former owners and claimants of the vessel are confident she will soon be released. The theory that there was a conspiracy on board to take her from the owners, who were not, it is declared, to get their pay for her, or all of it, till she should be delivered at Laguayra, Venezuela, to the Colombian government, is now, it appears, fully accepted, and it goes into the case as part of the matter which the Attorney General will consider when he decides whether the R. R. Cuyler ought to be held to await the action of the courts with a view to her condemnation if the charges should be sustained.

This theory is founded on information already partially given to the public. The evidence that the vessel was to become a Chilian privateer, or have some other illegal character, is considered complete; and her owners do not hesitate to admit that they would probably have lost her, except for the interference of the United States authorities. This avowal raises many interesting points about the fitting out of the Cuyler, which will be fully investigated if an examination is entered upon, but which otherwise may never be brought out.

What is now recognized as the important fact of the case is that the conspiracy was fully matured, and was to be executed by ex-rebels, who comprised the passengers of the vessel. It appears that the getting together of these men and the equipment of them, with the purchase of some war material, costing more than $100,000, were the parts of the business about which the owners had no direct knowledge; and Read, the rebel officer who had charge of the numerous "passengers," only a part of whom it seems were on board the Cuyler at the wharf when she was ready to sail at the time of the seizure, was at the head of the piratical expedition. Exactly what was to be done with the Cuyler after she had left this port and was in the hands of the desperadoes who had been gathered to take possession of her, the representatives of the men whose interests were involved do not undertake to say.

These things in some respects explain, and in other respects complicate and mystify, the affair of the Cuyler. What influence they may have on the determination of the matter is a curious question. That the vessel, if she had been allowed to go, would have made a legal voyage, nobody asserts; nor is it likely that the government officers will urge that the American owners were guilty of complicity with the rebels, or with the persons, whoever they may have been, who furnished the means required at the beginning of the suspicious undertaking.

In a later edition the Post says:

"Collector Smythe has to-day received a letter from the Secretary of the Treasury directing that the steamship R. R. Cuyler be released when the owners of her give bonds to the government in double the amount of her value that she shall not be used by them to commit hostilities against any nation with which this government is at peace.

"If bonds are not given, and no new instructions come from Washington, proceedings for the confiscation of the vessel will go on. No intimation has yet been given as to what the course of the claimants will be."

DECLARATIONS AND NOTIFICATIONS.

The following declarations and notifications were issued by the several countries hereunder specified on the breaking out of the civil war in America:

FRANCE.

DECLARATION RESPECTING NEUTRALITY OF FRANCE DURING STRUGGLE IN AMERICA.

The minister of foreign affairs has submitted to the Emperor the following declaration, which his Majesty has approved:

DECLARATION.

His Majesty the Emperor of the French, taking into consideration the state of peace which exists between France and the United States of America, has resolved to main

tain a strict neutrality in the contest now pending between the government of the Union and the States that are attempting to form a distinct confederation.

In consequence, his Majesty, in view of article 14 of the Naval Ordinance of August, 1861; article 3 of the law of April, 1825; articles 84 and 85 of the Penal Code; 65 and others of the decree of the 24th of March, 1852; 313 and others of the Maritime Penal Code; and article 21 of the Code Napoleon, declares:

1. It shall not be lawful for any vessel of war or privateer of either of the belligerents to enter and remain with prizes in our ports or harbors more than twenty-four hours, unless in case of necessity.

2. No sale of prize goods shall take place in our ports or harbors.

3. It shall not be lawful for any Frenchman to accept a commission from either party to arm war vessels, or to accept letters of marque for privateering, or to take any part in equipping and arming a war vessel for either party.

4. Every Frenchman, in France or elsewhere, is forbidden to enlist or accept service in the army or navy, or in privateers of either belligerent.

5. Every Frenchman, residing in France or elsewhere, must refrain from any act against the laws of the empire or the law of nations that might be considered as an act hostile to one of the two parties, and contrary to the neutrality we have resolved to observe.

Violators of the prohibitions and recommendations contained in the present declaration shall be punished, if necessary, by the provisions of the law of the 10th of April, 1825, and by articles 84 and 85 of the Penal Code, and also be liable to prosecution by article 21 of the Code Napoleon, and articles 65 and onward of the decree of the 24th March, 1852, in relation to the navy, and by 313 et sequens of the Penal Code for the sea forces.

His Majesty moreover declares that every Frenchman who does not obey the present instructions cannot claim the protection of his government against any acts or measures that belligerents may exercise or decree.

E. THOUVENEL,

NAPOLEON.

Minister of Foreign Affairs.

PRUSSIA.

The minister of commerce issued the notification annexed to the mercantile classes in the Baltic ports:

"It is my duty to make known to you that during the continuance of the conflict that has broken out among the North American States the mercantile classes must abstain from all enterprises which are forbidden by the general principles of international law, and especially by the ordinance of the 12th of June, 1856, which has relation to the declaration of the 12th of April, 1856, upon the principles of maritime law. Moreover, I will not omit to make especially noticeable by you that the royal government will not permit to its shipping or its subjects, which may mix up in these conflicts by taking letters of marque, sharing in privateering enterprises, carrying merchandise contraband of war, or forwarding dispatches, to have the benefit of its protection against any losses which may befall them through such transactions.

"The equipment of privateers in the ports of this country is forbidden by the laws of the land, as is known to the mercantile community."

BELGIUM.
[Translation.]

Belgium has given its adhesion to the principles laid down in the declaration of the Congress of Paris of April 16, 1856. This adhesion was published, together with the said declaration, (6th June, 1856,) in the Belgian Moniteur of June 8, 1856.

The commercial public is notified that instructions on this subject have been given to the judicial, maritime, and military authorities, warning them that privateers, under whatever flag or commission, or letters of marque, are not to be allowed to enter our ports, except in case of imminent perils of the sea. The aforesaid authorities are charged, consequently, to keep a strict watch upon all such privateers and their prizes, and to compel them to put to sea again as soon as practicable.

The same authorities have been charged not to recognize the validity of any commission or letter of marque whatsoever.

All persons subject to the laws of Belgium who shall fit out or take any part in any privateering expedition will therefore expose themselves to the danger, on the one hand, of being treated as pirates abroad, and, on the other, to prosecution before Belgian tribunals with all the rigor of the laws.