to those powers more nearly exposed to the menaced evils, but also as having a most important ulterior bearing upon the United States. The undersigned avails himself of this occasion to offer to Mr. Bille a renewed assurance of his high consideration. Mr. TORBEN BILLE, &c., &c., &c. W. L. MARCY. [The above note, mutatis mutandis, was also addressed to the Chevalier de Sibbern, chargé d'affaires of Sweden and Norway.] Mr. Schroeder to Mr. Marcy. No. 125.] LEGATION OF THE UNITED STATES, Stockholm, April 10, 1854. SIR: A Swedish ordinance was published yesterday defining the rights and obliga tions of such of the people as are engaged in commerce and navigation. The document is interesting as forming part of the history of the northern neutrality. For this and other reasons I have translated it entire. The marginal notes which I shall add will enable you to refer to any clause that may chiefly interest you. You will best know what reliance may be safely placed upon the equitable promises which have been held out to neutrals by the belligerent powers; seemingly triumphs of the enlightened age over historic reminiscences of war. It would ill become me to offer an opinion of the realities to be looked for; but the forebodings of the more intelligent men of this country weigh upon the community; and, although unconfessed by government, they are the real controlling influences in the council of state. I have the honor to remain, with great respect, sir, your obedient servant, F. SCHROEDER. Hon. WM. L. MARCY, Secretary of State. OFFICIAL NOTICE. [Translated.] What must be observed for the security of Swedish commerce and navigation during war between foreign maritime powers. We, Oscar, &c., make known, that in view of imminent hostilities between foreign maritime powers, and in order that those of our faithful subjects who are engaged in commerce and navigation may to the uttermost observe the obligations and prudence necessary for securing to the Swedish flag, as neutral, future freedom and immunity, and in order that everything may be avoided which can possibly render Swedish commerce and navigation suspected and exposed to wrong, we have found good to repeal whatever in this regard has been heretofore ordained, and we proclaim the following: SEC. 1. In order to secure to the Swedish flag, as neutral, future advantages and immunity, Swedish vessels must be provided with the documents required by existing laws, in proof of their nationality. These documents should always be at hand during the voyage. SEC. 2. No ship-captain should have incorrect or double ship's papers and manifests. He is also forbidden, in any case, or under any pretext whatever, to hoist a foreign flag. SEC. 3. If, while a Swedish ship is abroad, the crew shall be diminished by death, illness, desertion, or any other cause, so that the necessary working of the ship cannot be performed without the aid of foreign seamen, the subjects of neutral states must be preferred; and in no case shall the number of subjects of belligerent states on board exceed one-third of the whole crew. Every such change in the crew, as well as the cause thereof, should be entered on the muster-roll, and the correctness of the entry should be attested by a Swedish consul or vice-consul, or, in the absence of such officer, by a legal magistrate, notary public, or any responsible witness, according to the custom of the country. SEC. 4. Swedish ships, as neutrals, may freely enter the harbors and sail along the coasts of belligerents; yet must no captain attempt to enter a blockaded port after due notice given of blockade. By blockaded ports are understood only such as are so guarded by one or more hostile ships of war, stationed so near that a ship cannot enter without evident danger, (utan ögonskenlig fara.) SEC. 5. All kinds of goods, even such as belong to belligerents, may be carried in Swedish ships as neutral, except contraband of war; by which are understood cannons, mortars, all kinds of arms, bombs, grenades, balls, flints, linstocks, gunpowder, saltpeter, sulphur, cuirasses, pikes, belts, cartouch-boxes, saddles, bridles, and all other manufactures (tillverkningar) immediately applicable to warlike purposes: herein, however, are not included a stock of such articles necessary for the defense of ship and crew. In regard to contraband of war, should any change or addition be made, in consequence of agreement between us and other powers, a separate notice thereof shall be proclaimed. SEC. 6. Swedish sea-captains are forbidden, unless under actual force-and in that case after formal protest-to carry dispatches, troops, articles contraband of war, for any belligerent power. SEC. 7. Vessels belonging to belligerents may bring into, or take away from, Swedish harbors, any and every kind of goods, provided they are permitted by the tariff, and always excepting such as are contraband of war. SEC. 8. No Swedish subject may fit out or arm a vessel to be used as privateer against any of the belligerent powers, their subjects or property, or have anything to do with such vessel. Moreover, no Swedish subject is permitted to take service on board of any foreign privateer. SEC. 9. Foreign privateers are not permitted to enter a Swedish harbor, or to remain at any Swedish roads, nor shall captures be brought into Swedish harbors, unless in case of evident distress, ("sea necessity,") and in no case shall captures be adjudicated or sold in Sweden. Our subjects are strictly forbidden also to buy from privateers captured goods of any description whatever. SEC. 10. When a Swedish shipmaster navigates without the protection of armed convoy, and is hailed at sea by a belligerent entitled to examine his ship's papers, he should neither refuse nor seek to evade this ceremony, but he is bound to exhibit his papers honestly and openly, and to take care that neither before nor during the visit any document relating to ship or cargo be altered, hidden, or thrown overboard. SEC. 11. When a Swedish captain is under convoy, let him conform to the rules set forth in the royal ordinance of June 10, 1812.* SEC. 12. While Swedish sea-captains duly observe the foregoing, they ought, according to treaties and law of nations, to enjoy free, unobstructed navigation; but if, nevertheless, they be wronged, they may expect from our ministers and consuls abroad fullest support in all that, in pursuit of justice and indemnity, they can reasonably demand; whereas he who neglects or disregards what is now ordained for his observance, may blame himself for whatever consequences may ensue, without depending upon our gracious protection. SEC. 13. If a Swedish ship be seized, the captain should deliver to the consul or viceconsul in the harbor to which he is conducted, or in the absence of a consul or viceconsul, then to the nearest such officer, a full and fair report of the circumstances and proceedings attending the case. All concerned must conform obediently to this ordi nance. In testimony whereof, we have signed this with our own hand, and permit to be affixed our royal seal. Stockholm Palace, April 8, 1854. J. F. FAHROENS. OSCAR. [L. S.] 1 Mr. Marcy to Mr. Seymour. No. 6.] DEPARTMENT OF STATE, SIR: You have probably seen the joint declaration of Great Britain and France referred to in the inclosed copy of a note to Mr. Crampton, her Britannic Majesty's minister to this government. This declaration was communicated to me by the ministers of France and England, accompanied by a note, to which I replied. The note to the French minister is substantially the same as that sent to Mr. Crampton. It is the settled purpose of this government to pursue such a course, during the present war in Europe, as will give no cause to either belligerent party to complain, and it sincerely hopes neither will give this country any ground for dissatisfaction. *I have examined the above-cited ordinance in hopes to find in it the claim that neutral merchant vessels under convoy are exempt from actual visit of belligerents, and that an assurance by the commander of the convoying man-of-war in relation to the vessels under his protection must suffice. These things do not appear in the ordinance referred to, nor in that at present translated; but I have been officially informed that the Swedish government claim these principles as international rights, and as expressed in article XII of our treaty with Sweden of 1783, revived in the existing treaty, article XVII. The Swedish ordinance of 1812, cited above, contains sailing directions for convoys, and national regulations for the commanders thereof. F. SCHROEDER. The danger of a misunderstanding is much less with Russia than with Great Britain and France. I believe, however, these latter powers are desirous to pursue a fair and liberal course toward neutrals, and particularly toward the United States. You will observe that there is a suggestion in the inclosed for a convention among the principal maritime nations to unite in a declaration that free ships should make free goods, except articles contraband of war. This doctrine has had heretofore the sanction of Russia, and no reluctance is apprehended on her part to becoming a party to such an arrangement. Great Britain is the only considerable power which has heretofore made a sturdy opposition to it. Having yielded it for the present in the existing war, she thereby recognizes the justice and fairness of the principle, and would hardly be consistent if she should withhold her consent to an agreement to have it hereafter regarded as a rule of international law. I have thrown out the suggestion to Great Britain and France to adopt this as a rule to be observed in all future wars. The President may instruct me to make the direct proposition to these and other powers. Should Russia, Great Britain, and France concur with the United States in declaring this to be the doctrine of the law of nations, I do not doubt that the other nations of the world would at once give their consent and conform their practice to it. If a fair opportunity should occur, the President requests you to ascertain the views of his Majesty the Emperor of Russia on the subject. The decisions of admiralty courts in this and other countries have frequently affirmed the doctrine that a belligerent may seize and confiscate enemy's property found on board of a neutral vessel; the general consent of nations, therefore, is necessary to change it. This seems to be a most favorable time for such a salutary change. From the earliest period of this government, it has made strenuous efforts to have the rule that free ships make free goods, except contraband articles, adopted as a principle of international law; but Great Britain insisted on a different rule. These efforts, consequently, proved unavailing; and now it cannot be recognized, and a strict observance of it secured, without a conventional regulation among the maritime powers. This government is desirous to have all nations agree in a declaration that this rule shall hereafter be observed by them respectively when they shall happen to be involved in any war, and that, as neutrals, they will insist upon it as a neutral right. In this the United States are quite confident that they will have the cordial consent and co-operation of Russia. I am, sir, respectfully, your obedient servant, THOMAS H. SEYMOUR, Esq., &c., &'c., &c. W. L. MARCY. APPENDIX No. VI. REPORT OF THE NEUTRALITY LAWS COMMISSIONERS. REPORT OF THE NEUTRALITY LAWS COMMISSIONERS, TOGETHER WITH AN APPENDIX CONTAINING REPORTS FROM FOREIGN STATES, AND OTHER DOCUMENTS. [Presented to both houses of Parliament by command of her Majesty.] Commission. Report. CONTENTS. Reasons given by Mr. Vernon Harcourt for dissenting from certain portions of the report. Proclamations, &c., issued by several foreign states on breaking out of the civil war in America. V. British proclamations of neutrality. VI. Regulations and instructions published by her Majesty's government during the civil war in America. VII. Memorial from Liverpool ship-owners suggesting an alteration in the foreign enlistment act. COMMISSION. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, defender of the faith. To our right trusty and well-beloved Councillor Robert Monsey Baron Cranworth; our right trusty and well-beloved Richard Monckton Baron Houghton; our right trusty and well-beloved Councillor Sir Hugh McCalmont Cairns, knight, a judge of the court of appeal in chancery; our right trusty and well-beloved Councillor Stephen Lushington, doctor of civil law, judge of the high court of admiralty; our right trusty and wellbeloved Councillor Sir William Erle, knight; our trusty and well-beloved Sir George William Wilshere Bramwell, knight, one of the barons of the court of exchequer; our trusty and well-beloved Sir Robert Joseph Phillimore, knight, doctor of civil law; our advocate general; our trusty and well-beloved Sir Roundell Palmer, knight; our trusty and well-beloved Travers Twiss, doctor of civil law; our trusty and well-beloved William George Granville Venables Vernon Harcourt, esquire, one of our counsel learned in the law; our trusty and well-beloved Thomas Baring, esquire; our trusty and wellbeloved William Henry Gregory, esquire, and our trusty and well-beloved William Edward Forster, esquire, greeting: Whereas we have deemed it expedient that a commission should forthwith issue to inquire into and consider the character, working, and effect of the laws of this realm, available for the enforcement of neutrality during the existence of hostilities between other states with whom we are at peace; and to inquire and report whether any and what changes ought to be made in such laws for the purpose of giving to them increased efficiency and bringing them into full conformity with our international obligations: Now know ye, that we, reposing great trust and confidence in your knowledge and ability, have authorized and appointed, and do by these presents authorize and appoint, you the said Robert Monsey Baron Cranworth, Richard Monckton Baron Houghton, Sir Hugh McCalmont Cairns, Stephen Lushington, Sir William Erle, Sir George William Wilshere Bramwell, Sir Robert Joseph Phillimore, Sir Roundell Palmer, Travers Twiss, William George Granville Venables Vernon Harcourt, Thomas Baring, William Henry Gregory, and William Edward Forster, to be our commissioners for the purposes aforesaid. And for the better effecting the purposes of this our commission, we do by these presents give and grant to you, or any five or more of you, full power and authority to call before you such persons as you shall judge likely to afford you any information upon the subject of this our commission, and also to call for, have access to, and examine all such books, documents, registers, and records as may afford the fullest information on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever. And we do by these presents will and ordain that this our commission shall continue in full force and virtue, and that you our said commissioners, or any five or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjourn.ment. And we do further ordain that you, or any five or more of you, may have liberty to report your proceedings under this commission from time to time if you should judge it expedient so to do. And our further will and pleasure is that you do, with as little delay as possible, report to us under your hands and seals, or under the hands and seals of any five or more of you, your opinion upon the several points herein submitted for your consid eration. And for your assistance in the due execution of this our commission, we have made choice of our trusty and well-beloved Francis Phipps Onslow, esquire, barrister-at-law, to be secretary to this our commission, and to attend you, whose services and assistance we require you to use from time to time as occasion may require. Given at our court at St. James's the 30th day of January, 1867, in the 30th year of our reign. By her Majesty's command. S. H. WALPOLE. REPORT. To the Queen's most excellent Majesty: We, your Majesty's commissioners, appointed " to inquire into and consider the character, working, and effect of the laws of this realm available for the enforcement of neutrality during the existence of hostilities between other states with whom your Majesty is at peace, and to inquire and report whether any and what changes ought to be made in such laws for the purpose of giving to them increased efficiency and bringing them into full conformity with your Majesty's international obligations," have now to state to your Majesty that we have held twenty-four meetings, and, having inquired into and considered the subject so referred to us, have agreed to the following report: The statute now available for the enforcement of neutrality during the existence of hostilities between states with whom your Majesty is at peace is the 59 Geo. III, c. 69, commonly called the "foreign enlistment act." The title of that act is "An act to prevent the enlisting or engagement of his Majesty's subjects to serve in foreign service, and the fitting out or equipping in his Majesty's dominions vessels for warlike purposes without his Majesty's license." And the preamble runs thus: "Whereas the enlistment or engagement of his Majesty's subjects to serve in war in foreign service without his Majesty's license, and the fitting out and equipping and arming of vessels by his Majesty's subjects without his Majesty's license for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province, or against the ships, goods, or merchandise of any foreign prince, state, potentate, or persons as aforesaid, or other subjects, may be prejudicial to and tend to endanger the peace and welfare of this kingdom; and whereas the laws in force are not sufficiently effectual for preventing the same." This, then, being the statute directly available in this country for the enforcement of neutrality, our duty has been to inquire and report whether it is susceptible of any and what amendments, and we are of opinion that it might be made more efficient by the enactment of provisions founded upon the following resolutions: I. That it is expedient to amend the foreign enlistment act by adding to its provisions a prohibition against the preparing or fitting out in any part of her Majesty's dominions of any naval or military expedition to proceed from thence against the territory or dominions of any foreign state with whom her Majesty shall not then be at war. II. That the first paragraph of section 7 of the foreign enlistment act should be amended to the following effect: If any person shall within the limits of her Majesty's dominions (a.) Fit out, arm, dispatch, or cause to be dispatched, any ship with intent or knowl |