GENERAL APPENDIX ΤΟ 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, 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 marque 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. * * * ホ * I have the honor to be, with great respect, your most obedient servant, Hon. WILLIAM H. SEWARD, H. S. SANFORD. Secretary of State. [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 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. No. 10.1 * * FRANCE. Mr. Dayton to Mr. Seward. [Extract.] LEGATION OF THE UNITED STATES, * Paris, June 12, 1861. * * SIR: 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. * * * * * With high consideration, I have the honor to be your obedient servant, Hon. WILLIAM H. SEWARD, WILLIAM L. DAYTON. Secretary of State. DECREE OF NAPOLEON ON PRIVATEERING AND NEUTRALITY. 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 imaintain 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. No. 5.] LEGATION OF THE UNITED STATES, 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. KAMEHAMEHA. 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. I have the honor to enclose the copies transmitted to me in the original Dutch. I see the instructions to ministers forbid the application of the contingent fund to pay translators, and I infer from this that the department prefers original documents. These papers warn the Dutch people against privateering, as an unlawful proceeding which may be deemed piracy, and they forbid the use of the ports of the Netherlands to privateers under any flag. They refer also to the fact of the adhesion of Holland to the declaration of the congress of Paris, in respect to maritime rights, made in 1856. It will likewise be observed that the Dutch government abstains from following the British example in excluding prizes brought in by ships of war. * * * * I have the honor to be, with great respect, your most obedient servant, In obedience to the King's orders the ministers for foreign affairs, of justice, and of the marine, present to the knowledge of all it may concern, that to guard against probable difficulties during the doubtful complications in the United States of North America, no privateers under any flag soever, or provided with any commission or letters of marque, or their prizes, shall be admitted into our havens or seaports, unless in case of marine disaster, and that requisite orders be issued that under any circumstances such privateers and their prizes be required to go again to sea as speedily as possible. AT THE HAGUE. The ministers above named. [Translation.] The minister for foreign affairs and the minister of justice, by the King's authority, warn, by these presents, all inhabitants of the kingdom, that during the existing disturbances in the United States of America they in nowise take part in privateering, because the Netherlands government has acceded to the declaration upon maritime rights set forth by the Paris conference of 1856, whereby, among other matters, privateering is abolished, and no recognition of commissions got for letters of marque permitted. Also that commissions and letters of marque in conflict with the aforesaid prohibition, which may issue to inhabitants of the Netherlands, cannot have a lawful effect in behalf of the King's subjects, or of any abroad who are in subjection to the laws of the kingdom. Those who, under such circumstances, engage in or lend their aid in privateering to other people, will be considered as pirates, and prosecuted according to law in the Netherlands, and subjected to the punishment provided for the commission of such offences. THE HAGUE. The ministers above named. [Translation.] The minister for foreign affairs, apprised by a communication from the minister of marine that the King has authorized the naval force in the West Indies to be seasonably strengthened by his Majesty's steam frigate Zealand, and the screw propellers Dyambi and Vesuvius, for the purpose of giving protection to the trade and navigation of the Netherlands during the contest which seems to be in existence in the United States of North America, wherever it may be desired, therefore esteems it to be his duty to direct the attention of ship-masters, consignees, and freighters, to the peril to which their insurance against loss will be exposed by any violation of the obligations imposed on neutral powers to respect actual blockades, and not to carry contraband of war, or despatches of belligerents. In these cases they will be subject to all the resulting losses that may follow, without the benefit of any protection or intervention on the part of his Majesty's government. Of which take notice. The minister above named THE HAGUE, June, 1861. No. 13.] PORTUGAL Mr. Harvey to Mr. Seward. LEGATION OF THE UNITED STATES, Lisbon, August 25, 1861. SIR: I have the honor to inclose herewith the copy of a note from the foreign office, covering the copy of a proclamation in regard to privateers and their prizes, (Nos. 1 and 2,) in the form finally adopted by the council of state. This decree was published in the official paper (Diario de Lisboa) on the 23d instant, a copy of which has already been transmitted to the department. By referring to my dispatch No. 8, it will be seen that the preamble of the proclamation has been modified, so as to escape the logical inconsistencies which I then pointed out, in the hope of inducing the omission of certain phrases, which would have rendered it more acceptable. I have the best reason to know that the council of ministers, or cabinet, were not only well disposed to adopt my proposed amendment, but that they submitted the proclamation with the revision. When this fact became known to me, I urged, with every influence and persuasion at my command, an immediate decision, so as to insure the promulgation before any interrupting cause or accident could intervene. But the King went away for a short time, and a council of state, to which the proposed action of the council of ministers on important questions is presented for examination, could not be convened. In the meantime intelligence from the United States of an eventful character affected opinion here, and gave increased weight to the objections which had been urged by the British minister and others against the form of proclamation which I had requested. A council of state was summoned upon the return of the King, and the result of their deliberations is to be found in the documents inclosed in this dispatch. While I should have been greatly gratified had my amendment been accepted, I have the satisfaction to know that it did not fail from any want of zeal, energy, or effort on my part, and that the proclamation as it now stands is mainly predicated upon your policy, in execution of the principle of the treaty of Paris, and is not open to the objections urged against those issued by England, France, or Spain. I have the honor to be, sir, very respectfully, Hon. WILLIAM H. SEWARD, JAMES E. HARVEY, Secretary of State. Count d'Avila to Mr. Harvey. [Translation.] No. 1.] DEPARTMENT OF STATE FOR FOREIGN AFFAIRS, August 22, 1861.. The councillor of state, Antonio José d'Avila, presents his most attentive compliments to Mr. James E. Harvey, and has the honor to remit him the inclosed copy of the decree of the 29th of July last, published according to the last form given thereto, after hearing the council of state. [Translation.] No. 2.1 MINISTRY OF FOREIGN AFFAIRS. It being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the declaration of Paris of April 16, 1856, made by the representatives of the powers that signed the treaty of peace of the 30th of March of that year, to which declaration my government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased, after hearing the council of state, to decree as follows: ARTICLE 1. In all the ports and waters of this kingdom, as well on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering. |