they have not been lost by accident at sea or by capture. The control shall be carried out in the following manner: The shipper of the goods in question shall procure a certificate from our consul or commercial agent at the place to which the ship is bound, or when we have no consul or commercial agent there, a certificate from the lawfully authorized local authorities certifying the due arrival and discharge of the merchandise in conformity with the declaration. This certificate shall be procured and sent in to the home office as soon as the ship arrives at its destination or reaches some home port. Should the certificate not be forthcoming in a reasonable time proportionate to the length of the journey, our home office shall demand a declaration from the shipper to the effect that he declares on oath that he has received no information about the goods or the ship. Should the arrival of the ship and the discharge of the goods in question in a neutral port not be clearly proved, and no accident or violent capture have taken place to prevent the arrival and discharge, the shipper shall pay to the treasury a fine of 20 rix dollars for every commercial last of the ship's burden; besides both owner and master shall be liable to an action at law.

ART. XV. No shipmaster shall sail to any port blockaded from the sea-side by one of the belligerent powers, and he shall in every respect carefully pay attention and conform to the warnings communicated to him by the authorities relative to the blockade of ports. In case he, on sailing into any port, (the blockade of which has not previonsly been brought to his knowledge,) meets any ship carrying a flag of war of any of the belligerent powers, and it is notified to him by the commanders that the port is really blockaded, he shall immediately retire from it without in any way seeking clandestinely to break the blockade.

ART. XVI. None of our subjects shall take service on board privateers, much less themselves arm or be interested in the arming of such ships; neither shall any owner or shipmaster allow his ship to be used for the transport of troops, weapons, or contraband of war, of whatsoever description. Should any shipmaster be unable to prevent his ship (through irresistible force) being misused as above mentioned, it shall, notwithstanding, be his duty to protest, and with all his power and by a formal act, against such violent proceeding which he has been unable to obviate.

ART. XVII. When a merchantman, not sailing under convoy, is spoken with at sea by any armed vessel belonging to the belligerent powers who have the right of visitation, the shipmaster shall not oppose such visitation, if effected by the commander of such above-mentioned armed ship, but is bound on the contrary faithfully and without reserve to show all the documents appertaining to ship and cargo. Both the shipmaster, his officers and crew, are strictly forbidden to throw overboard or in any other way to destroy or conceal any documents or papers on board belonging to the ship or cargo, either before the visitation or whilst it takes place. When the protection of our flag of war is granted to merchandise, every shipmaster, before he is taken under convoy, shall exhibit his ship's papers to the chief of the convoy, and in every case most carefully conform to his orders.

ART. XVIII. Should any one, be he owner or master, act in contravention to these enactments, he shall lose his citizenship, and the right to own or command ships; moreover, he shall be prosecuted according to law, and according to circumstances be punished either for perjury or for having infringed our royal mandates. On the other hand, We will cause to be respected and protect the lawful enterprises by land and sea of our faithful subjects, so long as they conform to the foregoing rules and regulations, to which end we have enjoined and ordered all our ministers and consuls, and other authorities in foreign parts to endeavor to their utmost to ward off and prevent any inconvenience or violence being suffered by our subjects, and in case such should have occurred, then to aid the injured parties and endeavor to assist them to obtain justice and compensation. Likewise we, the King, will at all times graciously give our support to every just complaint which our subjects in the above respects may feel themselves called upon to lay before us.

Given at our royal palace at Copenhagen, May 4, 1803, under our royal hand and seal, CHRISTIAN R.

Royal Danish Chancellerie's resolutions of May 20, 1823.

The royal department of foreign affairs has announced to this chancery that, under date of the 30th of last month, it has pleased his Majesty the King graciously to resolve that it shall not be allowed to any privateer, of whatever nation, to remain in any Dani harbors or waters.

Only in case that such privateers, forced by pressing danger of storms, bad weather, or that pursuit by the enemy occasion dangers, seek refuge in a Danish port, then they shall be received and receive such help as humanity may dictate, but they shall be bound, immediately the danger is over, to put to sea again. Neither shall any privateer be permitted to send his prizes to Denmark, or to sell them there; and in the lastmentioned case, when privateers, forced by necessity, seek refuge in Danish ports, they

shall neither unload nor load prizes they may bring with them, neither shall they sell these or their cargoes or any part of them in Danish harbors.

To this end it shall by public notice be stringently forbidden to all his Majesty's subjects to buy foreign privateers' prizes. When foreign men-of-war run into Danish harbors they may be obliged to bring the prizes they may have taken with them, and shall neither unload nor load them, or sell them, wholly or partly, them or their cargoes.

In communicating this royal resolution, we will beg you kindly to communicate its contents to all the officials within your jurisdiction, that they may take cognizance of the same, and make known to all and every one that they are stringently forbidden to purchase prizes brought in by foreign privateers.

Certified by the expediting secretary in the ministry of justice, March 26, 1867. Instructions for the guidance of commanders of Danish ships of war during the Crimean war.

1. At the station at which you are placed it is your duty, with the ship under your command, in the best manner to preserve good order on the coast and in the roads and harbors, to take measures that trade and navigation is carried on in its usual uninterrupted manner, without suffering molestations from the men-of-war who may be on the spot.

It is desirable that foreign men-of-war should always find Danish men-of-war in their neighborhood, whenever they appear in our waters, and you will therefore, as soon as you ascertain that foreign ships of war are in the waters of your station, approach them and follow their movements. The ship under your command should properly be considered as a guard-ship in the station, for which reason you will also, when at anchor, fire off watch signals, &c.

2. You must show foreign men-of-war, of whatever nation they may be, with which you may come in contact, all possible attention and politeness, but you must abstain in every manner from giving them assistance, except such as humanity may call for, especially you must not assist them in their navigation, by procuring for them local pilots or by other nautical assistance.

3. In case where foreign men-of-war have communication with land, you will give over the keeping of order on shore to the proper police authorities or harbor officials, but you shall in word and deed render assistance every where where it may be required, and where conflicts may arise either by reason of misunderstandings, want of knowl edge of the language on the part of the one side or the other, or on account of possibly exaggerated claims on the part of the foreign ships. You shall in these cases come forward as mediator to clear up matters, and indeed act as a reconciliator, but be at the same time decided and serious everywhere where the question is to keep up or make good the right of the King's subjects and the neutrality of the Danish territory. Danish mile 4. The Danish territory extends one Danish mile from the terra firma of =5 English the King's country, (see the circular from the ministry of August 18, 1810;) excepted herefrom, however, is the sound at Kronborg and the Elbe at Glückstadt, where Danish territory only stretches a cannon shot from land, or

miles.

2,000 yards. 3,000 ells.

5. It is the will of his Majesty the King that the ships of all nations shall be under the protection of Denmark when in Danish territory and within its territorial limits, within which the Danish neutral rights must be maintained, so that the bringing up or visiting of ships, be they belligerent, neutral, or national, shall not be permitted within these territorial limits.

6. The bringing of prizes into Danish ports is forbidden. When prizes are anchored in open roads or off the coast of the Danish territory, it must be supposed that this occurs only from the force of circumstances; but you shall then request the bringer up or prize-master to take away the prize as soon as possible, and you must watch with care that nothing is sold or brought on shore or landed from the prize whilst it remains in Danish waters or territories.

The necessary warning in this respect shall be given in these cases as soon as possible to the proper authorities on shore.

7. If a ship of war or merchantman flying before an enemy seeks refuge in Danish territory, it is your duty to take it under your protection. It is to be hoped that a warning to the pursuing man-of-war (preferably by sending a boat with an officer on board, or, if necessary, by a warning signal) will be sufficient to ward off such a breach of neutrality; but should, contrary to expectation, a seizure or bringing up take place in Danish territory, you have then only, by a protest framed in a decided but serious and polite tone, to make known to the commander of the foreign man-of-war that he has committed a breach of Danish neutrality and territorial rights.

You will thereupon, as soon as possible, report to your government what has taken place, and send a copy of the protest, together with a statement of the name of the ship and its commander, &c., &c.

8. When foreign ships of war wish to run into harbors within the limits of your sta

tion, you will watch that the ship conforms to the rules of the harbor, both as regards the local or general regulations, such, for instance, as discharging of gunpowder, putting out fires, &c., &c.

9. Privateers shall not be suffered within Danish territories, and still less shall they be permitted to run into any Danish harbor except in case of distress. It must then be stringently looked to that they deliver up gunpowder and weapons, and in every case conform to the police regulations of the harbor. Their stay in harbor shall not be suffered longer than absolutely necessary for their repairs.

If privateers should bring prizes into Danish territory they shall be immediately sent back.

Privateers on refusing to comply with these orders in Danish territory, necessary force shall be applied to enforce compliance; but you must, before you have recourse to force, carefully convince yourself that the vessel in question is really a privateer and not a man-of-war, and if you consider it necessary you may, for this purpose, demand to see the commander's commission or patent.

10. Outside of the Danish territory the sea must be considered as open water, on which account you will look upon every act of belligerent ships taking place outside of our territories as not concerning you.

Should, however, foreign men-of-war, in open waters, but within sight of you, overhaul Danish merchantmen, you must try and obtain permission for such vessels to proceed on their course, but in these cases you can only come forward as mediator. If the foreign inspecting man-of-war declares it to be his duty to bring up such vessels, and that this takes place on account of the ship being loaded with contraband of war bound for one of the belligerent's harbors, you cannot oppose it, but can only, as soon as possible, report the case to the proper government department. Should, contrary to expectation, a foreign man-of-war in your vicinity attempt to molest a Danish merchantman, for instance, by taking his crew, merchandise, provisions, or ship's space, or by attempting forcibly to take possession of the ship for his own purposes, such as the transport of sick or of booty, you must declare that, as you consider yourself bound to protect your countrymen's liberty and right to unhindered sailing on the sea, (a right which can only be limited by those general hindrances applying to all nations' ships in time of war,) it is your duty, on behalf of Danish vessels, seriously and earnestly to protest against every act which exceeds these limits.

Should this remonstrance not be attended to, you will at once make a formal protest against the proceedings of such foreign man-of-war, in which protest you will, besides giving notice that you consider that his mode of procedure is unauthorized, and a breach of Denmark's recognized neutrality, hold him responsible for the consequences of such an act. In every case the master or owner of the merchantman shall receive full compensation and indemnity for the loss of property or time occasioned thereby. You will protect Danish trade everywhere, and in every case against privateers, and, if necessary, use force.

The object of these present instructions is to give you decided rules for your guidance in certain cases; but the department has likewise hereby intended to give you a clue for action in all possible unforeseen contingencies, in which it will be your duty to act with tact and care, together with gravity and decision. As a rule for such unforeseen cases, the department advise you the strictest neutrality, by abstaining from any sign of partiality for either the one or the other belligerent, be it either by word or deed. You must take care to have respected the Danish neutrality rights and the keeping of good order within the territories, showing every external sign of politeness and consideration in conformity with what the usages of ships of war require or call for.

Translation of section 76 of the penal code of the 10th February, 1866.

Whoever recruits men for foreign service, without the King's permission, while the country is at war, shall suffer the punishment of hard labor six years or less; if in time of peace, the penalty shall be two months' imprisonment, or two years of hard labor.

Any subject who enlists in time of war, without royal permission, in the service of a foreign power not at war with Denmark, is liable to imprisonment or hard labor for one year or less, according to the nature of the case.

The act of recruiting is consummated by the person's accepting foreign service.

FRANCE.-No. I.

(Received from her Majesty's embassy at Paris.)

Report from Mr. Treitt, counsel to the embassy.

[Translation.].

PARIS, February 20, 1867.

Mr. MINISTER: In your letter of the 16th February, 1867, you ask about the laws, regulations, and other means used by the French government to prevent violations of neutrality by its subjects, on French territory.

Articles 84 and 85 of the penal code are the only regulations on the subject. They are as follows:

"ARTICLE 84. Whoever exposes the state to a declaration of war, by hostile acts not approved by the government, shall be punished by banishment, and, if war ensues, by deportation.

ART. 85. Whoever exposes Frenchmen to reprisals, through acts not approved by the government, shall suffer banishment."

You will observe the generality of the expressions whoever and hostile acts; the words are not defined; their interpretation is left to courts of justice.

Articles 84 and 85 of the penal code do not refer to machinations and maneuvers for the benefit of a foreign power, with the intention to provoke hostilities. Such machinations, practiced with a criminal intention and purpose, come within the province of treason, and are to be corrected by articles 76 to 83 of the same code. Articles 84 and 85 apply only to cases of imprudence, rashness, or negligence; it is less the intention than the material fact that is punished. The law looks only to the result; thus: "Was France exposed to a declaration of war, and was war declared? Were Frenchmen exposed to reprisals?" The affirmative of these questions calls for the severest penalty of the law, as well as the payment of damages claimed.

Even death was proposed as a penalty in severe cases; but legislators agreed that transportation would be severe enough to restrain subjects from violation of neutrality toward belligerents. (See report of State Council, 9th January, 1810.)

In the application of articles 84 and 85 of the penal code three conditions are required: 1st. The act must be hostile; 2d. It must be without the consent of the gov ernment; 3d. France must have been exposed to a declaration of war, or Frenchmen exposed to reprisals.

I merely mention these three circumstances which are to be decided by courts of justice. If the judges decide that a certain act is not hostile, and does not violate neutrality, the government must respect that decision, and make it known to the complaining belligerent. If the accused alleges a tacit or express approbation of the government, he cannot be punished for his act.

In fine, if the hostile act does not cause reprisals or war, it is not considered criminal. These articles relieve government greatly from the responsibility towards bellige rents; but they serve, as an illustrious judge has said, to protect the morality and dignity of the nation."

In ancient times the guilty, or even the suspected, were given up to the vengeance of the complaining party; this is not done now, yet the complaints are satisfied. Such is the principle of articles 84 and 85; for without them satisfaction could not be easily given, and war would be inevitable, as a final argument.

There are but three noted prosecutions in court reports, under articles 84 and 85 of the penal code:

In 1824 a French captain, commanding a Colombian vessel, captured a Sardinian ship and exposed Frenchmen to reprisals.

In 1831 border residents attacked a Sardinian custom-house.

In 1834 some bankers effected a loan and furnished munitions of war to Don Carlos, who was fighting against the Spanish government.

We must not be surprised at the scarcity of these cases, for acts in violation of neutrality generally consist in the delivery of war implements and munitions. Now, as arms and munitions are not articles of trade in France, and are carefully watched by the government, it is hard to arm vessels or trade in munitions of war without the knowl edge or consent of the government.

Articles 84 and 85 are the only laws against violations of neutrality that I can find in French legislation. I have examined the laws on maritime prizes, piracy, and the slave trade, and have found nothing else in relation to violation of neutrality. We must not confound this question with general rules in France, and with the law of nations on neutrality.

It has been rightly said that a serious hostile act may not bring on war between two countries at peace, when often a simple act may cause difficulties, if the two nations have hostile feelings towards each other.

The result of penal suits, therefore, must fix the meaning of articles 84 and 85, contrary to the received opinions that the intention makes the crime.

Other nations have like provisions in their penal laws: article 136 of the Prussian code punishes subjects who expose their fellows to reprisals; and article 37 of the Brazilian code punishes, with imprisonment of 1 to 12 years, whomsoever endangers the peace of the country and exposes Brazilians to reprisals. Treason there, as in France, meets the severest penalty.

Yours, &c.,

Hon. JULIAN FANE,

Her Britannic Majesty's Minister at Paris.

TREITT.

[Translation.]

Mr. MINISTER: In compliance with the request in your letter of yesterday, I send you the laws of the French government on neutrality, enacted the 10th of June, 1861.

I did not give them in my letter of the 20th February, because at that time no law, except the marine ordinance of 1681, related to neutrality, and I had to be brief to be intelligible. Those are the reasons why I only cited articles 84 and 85 of the penal code, that include all cases of violation of neutrality. Neither did I mention the declaration of neutrality of the 10th June, 1861, because it was officially announced to your govern

ment.

The facts about the Olinde, the Rappahannock, and other southern privateers, have come to light in Lord Cowper's correspondence; they were noticed in the public papers, and I supposed them well known in the foreign office.

I will hunt up the history of the privateers that are charged to France, whether they were finished, were in course of construction, or had gone out to cruise.

I will let you know as soon as I find out about them; I must say to you, however, that they made no noise, and are now nearly forgotten.

The neutral declaration of the 10th June, 1861, allows privateers to remain 24 hours in French ports. Several powers declared, during the Crimean war in 1854, that no belligerent privateers would be admitted into their ports, unless in cases of absolute necessity.*

That shows the progress of civilization till privateering is totally abolished.
Yours, &c.,

Hon. JULIAN FANE, British Minister.

FRANCE.-No. II.

(Received from her Majesty's embassy at Paris.)

[Translation.]

Mr. de Moustier, minister of foreign affairs, to Mr. Fane.

TREITT.

PARIS, February 26, 1867. SIR: In your letter of the 16th instant, you ask for the French laws and regulations about acts that might be regarded as violations of neutrality by belligerents, for the instruction of the Queen's commission, appointed to collect information on the subject. Properly speaking, there is no French law or regulation defining neutrality between foreign belligerent powers; questions of that nature being mixed, are to be determined by the general principles of international law. Articles 84 and 85 of the penal code punish individual acts that provoke a declaration of war, or expose Frenchmen to reprisals; and article 21 of the Code Napoleon forbids Frenchmen from taking foreign service without permission.

We may quote article 3 of the law of the 10th of April, 1825, which treats as a pirate every Frenchman who accepts a commission as commander of a privateer from a foreign power.

We also cite article 67 of the commercial regulations of the 24th March, 1852, interdieting all French seamen from accepting foreign service, without permission; and certain paragraphs of articles 313, 314, and 315 of the code of military justice for the navy, about desertion abroad.

The ordinance of the 12th July, 1847, and the law of the 14th July, 1860, about war materials, is pertinent; and article 2 of the law of the 16th May, 1863, prohibiting the export of such articles.

I inclose you the texts of these laws.

Yours, &c.,

Mr. JULIAN FANE.

MOUSTIER.

Ordinance of the senate of Hamburg, April 26, 1854; ordnance of the senate of Lubec, April 28, 1854; of Lubec of the same date; government of Oldenburg, April 20, 1854; the King of Sweden, April 8; Denmark, April 20; Mecklenburg, April 26; Hanover, May 5; the two Sicilies, May 17; Tuscany, June 3; Belgium, April 25; Sandwich Islands, July 17, 1854.