Guided as much by the frank friendship which reigns between the sovereigns and people of Denmark and of the United Kingdoms of Sweden and Norway, as by that community of interests and political principles which reciprocally sustains and reinforces each other, his Majesty the King of Denmark has found himself called, in the first place, to concert himself with his august friend, neighbor, and ally, the King of Sweden and Norway, on the measures eventually to be adopted in order to establish a common action proper to facilitate by its identity the application of the system agreed upon. These overtures having met with that favorable reception one had a right to expect, it is in conformity with the resolutions taken by the two sovereigns that the undersigned, chargé d'affaires of his Majesty the King of Denmark near the government of the United States of America, has received the order of his august sovereign to bring to the knowledge of the government of the United States the general rules which his Majesty the King of Denmark has deemed it proper to establish in order to fix the position of his states in the deplorable event of hostilities breaking out between the friendly and allied powers of the King. The system which his Majesty the King of Denmark intends to follow and to apply invariably is that of a strict neutrality, founded on a loyal, impartial, and equal respect for the rights of all the powers. This neutrality, according to the like views of the two courts, imposes on the government of his Majesty the King of Denmark the following obligations, and assures him the following advantages: 1. To abstain, during the contest which may take place, from every participation, direct or indirect, in favor of one of the contending parties, and to the detriment of the other. 2. To admit into the ports of the monarchy the ships of war and of commerce of the belligerent parties, the government reserving for itself, however, the faculty of interdicting to the first, as well as to the transport ships belonging to the respective fleets of the belligerent powers, the entry of the port of Christiaso. The sanitary and police regulations which circumstances may have rendered or will render necessary are of course to be observed and respected. Privateers will not be admitted into the ports, nor tolerated on the anchorages, of the states of his Danish Majesty. 3. To grant to the vessels of the belligerent powers the faculty of providing themselves, in the ports of the monarchy, with all goods and merchandises of which they may be in want, with the exception of articles reputed contraband of war. 4. To exclude from the ports of the monarchy the entry-recognized cases of distress excepted-the condemnation, and the sale of all prizes; and, finally, 5. To enjoy in the commercial relations of the states of his Danish Majesty, with the countries at war, every security and all facilities for Danish vessels, as well as their cargoes; with the obligation, however, for said vessels to conform to the general rules established and recognized in the special cases of declared and effective blockades. Such are the general principles of the neutrality adopted by his Majesty the King of Denmark in case a general war in Europe should break out. The King flatters himself that they will be recognized as conformable to the law of nations, and that their loyal and faithful observation will enable his Majesty to cultivate with the friendly and allied powers those relations which, for the welfare of his people, he has so much at heart to preserve from all interruptions. Requesting the honorable Secretary of State of the United States to bring the present communication to the knowledge of the government of the United States, the undersigned avails himself, &c. Hon. W. S. MARCY, &c., &'c., §. TORBEN BILLE. The chargé d'affaires of Sweden and Norway to Mr. Marcy. [Translation.] LEGATION OF SWEDEN AND NORWAY, The present political complications consequent upon the declaration of war by the Ottoman Porte, and the possible contingency of a maritime war, have imposed on the government of his Majesty the King of Sweden and Norway the obligation of giving an earnest attention to the effects which may be their result. Its sincere desire is to preserve intact the relations of friendship and good understanding which so happily reign between Sweden and Norway and all the governments of Europe. Having nothing more at heart than to maintain and cement those relations, his Majesty the King of Sweden and Norway regards it as a duty not to leave the allied and friendly pow ers in ignorance of the line of policy which, for the attainment of said object, he proposes to follow in case of the above-mentioned event. Guided as much by the frank friendship which reigns between the sovereigns and people of Sweden and Norway and of the kingdom of Denmark, as by that community of interests and political principles which reciprocally sustains and re-enforces each other, his Majesty the King of Sweden and Norway has found himself called, in the first place, to concert himself with his august friend, neighbor, and ally, the King of Denmark, on the measures eventually to be adopted in order to establish a common action proper to facilitate, by its identity, the application of the system agreed upon. These overtures having met with that favorable reception one had a right to expect, it is in conformity with the resolutions taken by the two sovereigns that the undersigned, chargé d'affaires of his Majesty the King of Sweden and Norway near the government of the United States of America, has received the order of his august sovereign to bring to the knowledge of the government of the United States the general rules which his Majesty the King of Sweden and Norway has deemed it proper to establish in order to fix the position of his states in the deplorable event of hostilities breaking out between the friendly and allied powers of the King. The system which his Majesty the King of Sweden and Norway intends to follow, and to apply invariably, is that of strict neutrality, founded on a loyal, impartial, and equal respect for the rights of all the powers. This neutrality, according to the like views of the two courts, imposes on the government of his Majesty the King of Sweden and Norway the following obligations and assures him the following advantages: 1. To abstain, during the contest that may take place, from every participation, direct or indirect, in favor of one of the contending parties, and to the detriment of the others. 2. To admit into the ports of the monarchy the ships of war and of commerce of the belligerent parties; the government reserving for itself, however, the faculty of interdicting to the first, as well as to the transport ships belonging to the respective fleets of the belligerent powers, the entry of the port of Christiana." The sanitary and police regulations which circumstances may have rendered or will render necessary, are of course to be observed and respected. Privateers will not be admitted into the ports, nor tolerated on the anchorages, of the states of his Swedish and Norwegian Majesty. 3. To grant to the vessels of the belligerent powers the faculty of providing themselves in the ports of the monarchy with all goods and merchandises of which they may be in want, with the exception of articles reputed contraband of war. 4. To exclude from the ports of the monarchy the entry-recognized cases of distress excepted the condemnation, and the sale of all prizes; and, finally, 5. To enjoy in the commercial relations of the states of his Swedish and Norwegian Majesty, with the countries at war, every security and all facilities for Swedish and Norwegian vessels, as well as their cargoes; with the obligation, however, for said Vessels to conform to the general rules established and recognized in the special cases of declared and effective blockades. Such are the general principles of the neutrality adopted by his Majesty the King of Sweden and Norway in case a general war in Europe should break out. The King flatters himself that they will be recognized as 'conformable to the law of nations, and that their loyal and faithful observation will enable his Majesty to cultivate with the friendly and allied powers those relations which, for the welfare of his people, he has so much at heart to preserve from all interruption. Requesting the honorable Secretary of State of the United States to bring the present communication to the knowledge of the government of the United States, the undersigned avails himself, &c. G. DE SIBBERN. Mr. Marcy to the Danish chargé d'affaires. DEPARTMENT OF STATE, Washington, February 14, 1854. The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note which the chargé d'affaires of his Majesty the King of Denmark addressed to this department on the 28th ultimo, bringing to the knowledge of this government the general rules which it has been deemed proper by his Majesty the King of Denmark, in concert with his Majesty the King of Sweden and Norway, to establish, in order to fix and define the position of Denmark in the event of hostilities breaking out among the powers of Europe in consequence of the existing relations between Russia and the Ottoman Porte. The undersigned has the honor to inform Mr. Torben Bille that, at his request, the views of his government have been submitted to the President, and that they are regarded by him with all the interest which the occasion demands. Mr. Bille may rest assured that the government and people of this country feel deep solicitude in the events now transpiring in Europe, not only on account of the general anxiety they occasion 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 obligations 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 coutraband 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.] 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 express 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 regu. lations 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 natious, 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. |