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GENERAL APPENDIX.

GENERAL APPENDIX

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CLAIMS AGAINST GREAT BRITAIN.

APPENDIX No. I.

PROCLAMATIONS AND DECLARATIONS OF POWERS OTHER THAN GREAT BRITAIN, ISSUED SUBSEQUENTLY TO THE QUEEN'S PROCLAMATION OF NEUTRALITY.*

No. 10.]

BELGIUM.

Mr. Sanford to Mr. Seward.

[Extract.]

LEGATION OF THE UNITED STATES,
Brussels, July 2, 1861.

SIR Referring to a conversation detailed in my despatch No. 9, I have the honor to inclose a notice published in the official journal, (the Moniteur,) of the 25th ultimo, in which, basing its action upon the stipulations of the declaration of the congress of Paris of April 16, 1856, it is announced that instructions have been addressed to the judicial, maritime, and military authorities to inform them that privateers of no nation or flag, alone or with their prizes, will be permitted, save in cases of extreme danger by stress of weather, to enter the ports of Belgium; enjoining upon them to recognize no commission or letter of marqué as having validity; and warning all subject to the Belgian laws that in taking part or service in any privateers they incur risk of being treated as pirates abroad, and of being prosecuted with the utmost rigor of the laws at home. In thanking the acting minister for this prompt response to my request, I observed that, while this was sufficient, in so far as it went, for the occasion that called it forth-as we had, and expected to have, no privateers upon the sea at this timestill, so long as we were not a party to the declaration of Paris, the employment of privateers by the United States was undoubtedly as much a belligerent right as the employment of militia on land; and in the event of a foreign war we should expect, on the part of friendly powers, no such impediment to its exercise by any injurious distinction between it and the other arms of the public service.

*

I have the honor to be, with great respect, your most obedient servant,
H. S. SANFORD.

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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 said declaration, 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

* Referred to on page 44, vol. I.

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.

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You will observe in the first column of "Le Moniteur Universel" (a copy of which is herewith sent) that his Majesty the Emperor of the French has published a formal declaration, setting out the principles by which this government will be controlled in respect to vessels of war or privateers of the United States and of those who assume to have formed ("prétendent former") a separate confederation. These principles are substantially the same as those set forth in my dispatch No. 5.

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*

With high consideration, I have the honor to be your obedient servant, WILLIAM L. DAYTON. Hon. WILLIAM H. SEWARD,

Secretary of State.

DECREE OF NAPOLEON ON PRIVATEERING AND NEUTRALITY.
[Translation from the Moniteur Universel of June, 1861.-Official part.]

PARIS, June 10.

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

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 maintain a strict neutrality in the struggle entered upon between the government of the Union and the States which claim (prétendent) to form a separate confederation. In consequence, his Majesty, considering article 14 of the naval law of August, 1681, the third article of the law of the 10th of April, 1825, articles 84 and 85 of the penal code, 65 and following of the decree of the 24th of March, 1852, 313 and following of the code penal maritime, and article 21 of the code Napoleon, declares:

1. No vessel of war or privateer of either of the belligerent parties will be allowed to enter and stay with prizes in our ports or roadsteads longer than twenty-four hours, excepting in case of compulsory putting into port, (relache forcée.(

2. No sale of goods belonging to prizes is allowed in our said ports and roadsteads. 3. Every Frenchman is prohibited from taking a commission under either of the two parties to arm vessels of war, or to accept letters of marque for privateering purposes, or to assist in any manner whatsoever the equipment or armament of a vessel of war or privateer of either party.

4. Every Frenchman, whether residing in France or abroad, is likewise prohibited from enlisting or taking service either in the land army or on board vessels of war or privateers of either of the belligerents.

5. Frenchmen residing in France or abroad, must likewise abstain from any act which, committed in violation of the laws of the Empire or of international law, might be considered as an act hostile to one of the two parties, and contrary to the neutrality which we have resolved to observe. All persons acting contrary to the prohibitions and recommendations contained in the present declaration will be prosecuted, if there is occasion, conformably to the provisions of the law of the 10th April, 1825, and of articles 84 and 85 of the penal code, without prejudice to the application that might be made against such offenders of the 21st article of the code Napoleon, and of articles 65

and following of the decree of the 24th of March, 1852, on the merchant service, 313 and following of the penal code for the navy.

His Majesty declares, moreover, that every Frenchman contravening the present enactments will have no claim to any protection from his government, against the acts or measures, whatever they may be, which the belligerents may exercise or decree. NAPOLEON. E. THOUVENEL,

The Minister of Foreign Affairs.

HAWAIIAN ISLANDS.
Mr. Dryer to Mr. Seward.

No. 5.]

LEGATION OF THE UNITED STATES,
Honolulu, September 7, 1861.

SIR: Since my dispatch of the 5th September was closed and mailed, Mr. Wyllie has sent to this legation another draught of a proclamation of the King in relation to privateering, &c., &c. This is an improvement on the former one sent to me, and which I returned.

I have only time to make a copy, which please find inclosed, and which I send for the information of the government at Washington.

I am, sir, with great respect, your obedient servant,

Hon. WILLIAM H. SEWARD,

THOMAS J. DRYER.

Secretary of State.

PROCLAMATION OF KAMEHAMEHA IV, KING OF THE HAWAIIAN ISLANDS.

Be it known to all whom it may concern, that we, Kamehameha IV, King of the Hawaiian Islands, having been officially notified that hostilities are now unhappily pending between the government of the United States and certain States thereof, styling themselves "The Confederate States of America," hereby proclaim our neutrality between said contending parties.

That our neutrality is to be respected to the full extent of our jurisdiction, and that all captures and seizures made within the same are unlawful, and in violation of our rights as a sovereign.

And be it further known that we hereby strictly prohibit all our subjects, and all who reside or may be within our jurisdiction, from engaging, either directly or indirectly, in privateering against the shipping or commerce of either of the contending parties, or of rendering any aid to such enterprises whatever; and all persons so offending will be liable to the penalties imposed by the law of nations, as well as by the laws of said States, and they will in nowise obtain any protection from us as against any penal consequences which they may incur.

Be it further known that no adjudication of prizes will be entertained within our jurisdiction, nor will the sale of goods or other property belonging to prizes be allowed. Be it further known that the rights of asylum are not extended to the privateers or their prizes, of either of the contending parties, excepting only in cases of distress or of compulsory delay by stress of weather or dangers of the sea, or in such cases as may be regulated by treaty stipulation.

Given at our marine residence of Kailua this 26th day of August, A. D. 1861, and the seventh of our reign.

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SIR: I have obtainedfrom the minister of foreign affairs copies of the proclamation s about to be issued by this government in relation to the letters of marque recently issued by the Montgomery revolutionists.

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