Page images
PDF
EPUB

spread doubt of a good understanding between the two countries; would alarm neutrals, and would cause inevitable conflicts between commanders. If Lord Clarendon accepts the principle of a joint declaration with separate minute instructions, ask him to communicate the fact to me immediately, so that I may come to an understanding with the minister of marine."

Here is what the minister wrote on the 27th: "My late interviews with Lord Cowley have been confined to the important and delicate question of the rights of neutrals. Lord Clarendon must have been informed of the subject of these discussions, and I know the English embassador has already sent him the substance of the declaration we have agreed upon; and so he must have been prepared for the dispatch of the 24th of this month, intended to effect a definite settlement of opinions. My telegram of yesterday showed you the interest the government of the Emperor takes in the settlement of such an important question, now that the war has begun. I hope you will persuade the secretary of state to relinquish his project of publishing two distinct declarations. We would regret to see England adopt measures, at the very beginning of the war, that would indicate a misunderstanding between the two countries, and thus weaken the effect of our supposed unity.

"If we come down from important principles to minor details, the danger is not less perceptible. Neutrals may choose between the declarations of France and England; and they will certainly select those that are the most consistent with antecedents and most favorable to them. Would it not be better to insure them safety in the unity of the two navies, and not force them off by reviving old quarrels?

"On the other hand-and this is not one of the least objections to Lord Clarendon's system-how could naval commanders agree in practice, of principles so discordant in theory? Disputes would be constantly arising between them, to the danger of the suc cess of their operations.

"The United States are ready to take the part we refuse, and make themselves protectors of all neutrals that ask their aid. The Washington cabinet has already proposed to us a treaty of friendship, navigation, and commerce, containing a series of articles affirming principles it has always sustained, and which do not differ from ours. Her Britannic Majesty's chief secretary of state knows we cannot refuse this, even if France and England adopt opposing principles in this joint war. But if the two nations agree upon a common declaration, then we may postpone the consideration of the American proposal. This reasoning must strike Lord Clarendon, and I hope he will accept a project to be applied only in this war, and that will not affect the doctrines of either nation. Instructions to the commanders of the war vessels of both nations would make up deficiencies in the declarations; but these instructions should be drawn up in concert; and you may assure Lord Clarendon that the minister of marine will do all he can to agree with the English admiral in the instructions he gives to our admirals."

On the same day the minister sent a new draught of a declaration to London. It contained a brief preamble, bringing together, as nearly as possible, in form and substance, all the English ideas. He wrote about it as follows:

"This declaration, which I have agreed upon with the minister of marine, does not pretend to consecrate the essential principles upon which the accord of the two governments is based; separate instructions will regulate the application of them by law, and thus settle the discrepancy of doctrines that cannot be arranged at present."

On the 28th March, Lord Cowley wrote that his government determined to insist on prohibiting neutrals to trade "in transit, between two ports belonging to the enemy." We could not accept that. The minister of foreign affairs said: "I regret that the English government forces us, by this, to make a separate declaration, the same in substance as that proposed yesterday, with the exception of a preamble which I have submitted to the Emperor. As you will see, I have obtained the marine minister's consent to exempt the seizure of neutral goods on hostile vessels.

"Lord Cowley has sent me the proposed instructions for commanders of English vessels, which were ready to be signed. Now it is useless to broach questions opposed to our principles in that declaration; all we can do is to make out instructions for our own vessels. I have ordered the minister of marine to do this, and I will send them to you as soon as they are made out. I hope there will be no serious difficulty in the execu tion of these instructions, as we agree upon the most essential points in them. I acknowledge the liberality of the English government in accepting our principles in matters of blockade."

Both governments regretted this disagreement upon small matters; but France was bound to other nations and could not break her treaties with them. In affairs where her latitude of action was not restricted, she showed her willingness to meet her ally half-way in liberalising old laws. Thus, in every proposal sent to London proposing to abolish privateering and other ancient customs of our navy, we always allowed neutral goods under hostile flags.

The British cabinet considered the dilemma of the situation. He was conscious of the absurdity of issuing two different declarations to be applied to neutrals under the same circumstances. A new conference was had at the last moment, and after a warm

discussion it was decided that the objectionable article should be expunged from the English declaration.

Now the understanding was complete. In a few hours, thanks to the telegraph, the two cabinets agreed, and announced the immediate publication of a joint declaration. The French copy appeared in the Monitor of the 30th March, 1854, dated the day previous. So you see there was no time lost. Here are the two documents; the first is preceded by a report to the Emperor:

Report to the Emperor.

"PARIS, 29th March, 1854.

"SIRE: At a time when maritime relations and commercial interests hold such an important place in the existence of nations, it is the duty of a nation at war to make its effects felt as little as possible, by allowing neutrals all freedom of trade not incompatible with the state of hostility, in which they desire to take no part.

"But it is not enough for belligerents to have the secret intention of always respecting the rights of neutrals; they must also endeavor to calm the suspicions of commerce, by leaving no uncertainty in the principles which they mean to apply.

"A regulation of the duties or rights of neutrals might seem an insult to the sovereignty of nations that wish to remain neutral; yet the spontaneous declaration of the principles which a belligerent promises to observe is the most formal pledge he can give of his respect for the rights of other nations.

"In this conviction, I have the honor to submit the following declaration, agreed upon with the government of her Britannic Majesty, to your Majesty's high approbation. "I am, with respect, sire, your Majesty's very obedient servant and faithful subject, "DROUYN DE LHUYS.

"Approved:

Declaration relative to neutrals, letters of marque, &'c.

"NAPOLEON."

"His Majesty, the Emperor of the French, being forced to take up arms to sustain an ally, desires to render the war as little onerous as possible to the powers with which he is at peace.

"In order to avoid all unnecessary restrictions upon the commerce of neutrals, his Majesty at present consents to renounce a portion of the rights which belong to him, as a belligerent power, by virtue of the law of nations.

"His Majesty cannot renounce the exercise of his right to seize articles contraband of war, and to prevent neutrals from carrying dispatches from the enemy. He also insists upon his right, as a belligerent power, to hinder neutrals from breaking a blockade, formed by a sufficient force, before the forts, harbors, or coasts of the enemy.

"But his Majesty's vessels will not seize property of the enemy on board a neutral vessel, unless that property be contraband of war.

"His Majesty will not claim the right to confiscate the property of neutrals found on vessels of the enemy, unless it be contraband of war.

"His Majesty also declares that, moved by the desire to mitigate the ills of war as much as possible, and to restrict its operations to regularly organized national troops' he does not intend, at present, to deliver letters of marque to authorize the arming of privateers."

The day on which this declaration was published on both sides of the channel the minister of foreign affairs wrote to London as follows:

"I am much pleased with this proof of accord between England and France, on a question of such importance to the reserved rights of neutrals in this present war. This harmony will make a good impression abroad, and will win the sympathy of all the commercial nations of the world. Please say to Lord Clarendon that the Emperor's government is pleased with the action of the government of Queen Victoria on a matter he had much at heart, and that he considers its settlement on the present terms as one of the best results of the intimate reliance of the two countries."

The confidence expressed in this letter was realized. The new agreement on France and England on rules of maritime law was hailed by neutrals as the dawn of a day of justice and reparation. Protected from the harm of war, they had no fear of being dragged into another's quarrel, and could peaceably carry on trade in the midst of battles, provided no fraud brought down upon them the vengeance of the belligerents. On communicating these dispositions to different governments, they were told that a strict compliance with the duties of neutrality was the condition of the advantages they accorded to neutrals. Such was the purpose of the following circular, sent by the minister of foreign affairs to all the agents of his departments accredited to powers not engaged in the contest. It bears date the 20th March:

"SIR: The declaration of the French government on the subject of neutrality, together with my report of it to the Emperor, on submitting it to his high approbation, was published in the Monitor of this day.

"The British government has also promulgated the same declaration.

"At a time when the two nations take up arms in joint defense of an ally, they cannot give a better proof of their unity of sentiment than by adopting similar resolutions on a subject about which they had hitherto differed.

"The government of the Emperor, knowing the care of France for neutrals, had studied the questions of neutrality, to decide them in favor of nations with whom we are at peace. The British government was also animated by the same desire, to leave neutrals in possession of all advantages that were not necessary to be restricted by absolute military necessity.

"This community of views dictated the declaration adopted by the two governments; and I do not hesitate to say that a document of such favorable terms was never before made up.

"The intention not to issue letters of marque is there officially announced.

"The necessity of an efficient blockade is admitted.

"Neutral flags will protect goods, and neutral goods will be safe under hostile flags. "Such are the advantages that will be secured to trade during the war; and even after it is over, this joint declaration will remain as a precedent in the history of neutrality.

"But, as the union of France and England grants advantages to neutral nations, those nations must implicitly respect the rights of the belligerents. We have reason to hope that neutral governments will commit no hostile acts, and will force their subjects to observe a strict neutrality.

"I will soon send you a form of notice of this declaration, made out in consultation with her Britannic Majesty's government, for the government near which you are accredited."

A few days after, these documents were addressed to the same agents:

"PARIS, April 5, 1854. "SIR: I have the honor to transmit to you the project of a note which you will address immediately to the government near which you are accredited, to inform it of the principles that France and Great Britain intend to apply towards neutrals during the present war, together with the resolution of the two governments not to issue letters of marque for the present.

"Her Britannic Majesty's representative will receive orders to address a similar communication to the government of

*

*

"You will send me the answer of the government of

[ocr errors]

soon as you get it, and will see that it answers the expectations of the two governments."

Substance of the note.

"The undersigned is instructed by his government to address to your excellency the following communication:

"His Majesty the Emperor of the French, and her Majesty the Queen of the United Kingdom of Great Britain, find themselves obliged to resort to force of arms to repel the aggressions of the government of his Majesty the Emperor of Russia upon the Ottoman empire. Desiring to make the disastrous effects of war as light as possible on commerce, their majesties have resolved not to authorize privateering for the present, by the issue of letters of marque, and at the same time to make known the principles to be applied to navigation and the trade of neutrals during this war. With this design, his Majesty the Emperor of the French publishes the annexed declaration, identical with that published by her Majesty the Queen of the United Kingdom of Great Britain and Ireland.

"By confining their rights as belligerents to strict limits, the allied governments will depend upon the honest efforts of neutral powers in this war to make their subjects observe the strictest neutrality.

*

"Therefore, the government of his Majesty the Emperor of the French trusts that the government of will accept these joint resolutions of the two allied governments, and in return will order that no privateer under Russian colors be armed, sup plied, or admitted with prizes into the ports of * *, and that its subjects rigorously abstain from taking part in armaments of this kind, or any other, contrary to the duties of a strict neutrality."

#

Thus, even in the details of their joint notice, France and England exhibited their perfect accord; and it was not disturbed by subsequent events.

Instructions were sent by the two governments to their respective naval commanders to reconcile any minor divergencies in their regulations, without appeal to the cabinets

of Paris and London.

Neutrals took advantage of all the favors granted them, but did not abuse them; and during the whole war France and England had no cause to regret their generous reso lutions. These new regulations, after trial by two great maritime powers, were universally accepted by other nations as a blessing.

In England, as well as in France, the commercial classes, far from feeling jealous at the security which this liberal principle gave to rival interests, rejoiced at the general development of trade produced thereby, and felt that it would finally redound to their interests. You will remember that the Universal Exposition of 1855, which took place in Paris while our land and sea armies were fighting in the Crimea and in the Baltic, furnished ample evidence of the vigor and success with which the labors of peace were prosecuted, even in the midst of a sanguinary war. The sight was glorious for the century that first produced it, and it was calculated to inspire a just confidence in the progress of the ideas which its triumph signalized. The cruel needs of war were confined to a specific circle, outside of which peaceful and laborious humanity preserved its rights.

The system inaugurated by the war of 1854 answered the common wants of all people so well that it readily assumed the nature of a definite reform of international law. At the Paris peace congress of 1856, the members who had to discuss the results of the war naturally adopted the regulations therein practiced by the belligerent powers towards neutrals. This was expressed in the Paris declaration of the 16th April, 1856, which says:

1. Privateering is abolished and shall remain so.

2. Neutral flags protect hostile goods, unles contraband of war.

3. Neutral goods, not contraband of war, cannot be seized under hostile flags.

4. Blockades, to be binding, must be effective; that is, maintained by a force sufficient to prevent approach to the hostile coast.

All nations adopted this declaration except Spain, Mexico, and the United States of North America. The two first reserved the right to arm privateers, and agreed to the other articles. The United States would have accepted them all, provided an article to respect private property at sea had been added.

With the exception of these restrictions, the arrangements concluded in 1854 between England and France have fallen into the public domain, and are now placed under the authority of the law of nations.

This result was easy to be foreseen. When we began treating with England, at the beginning of the war, to soften its resistance and remove scruples, we insisted upon the transitory nature of the concessions we asked; but we knew they would become permanent by force of circumstances and unanimous consent. In fact, when common interests are developed for a certain time they soon become, under the protection of a more liberal system, the supports and defenses of the principles which first protected them.

ITALY.

DROUYN DE LHUYS.

FLORENCE, March 2, 1867.

MY LORD: With reference to your lordship's dispatch marked circular of February 14, directing me to obtain official information respecting the neutrality laws of Italy, I have the honor to transmit herewith to your lordship copies, accompanied by translations, of the laws in force upon this subject, as well as the code of regulations for the Italian mercantile marine, containing certain rules to be observed by the superintendent of harbors respecting the sojourn in them of belligerent vessels of war, which have been transmitted to me by the Italian minister for foreign affairs.

I have, &c.,

HENRY ELLIOT.

Circular of the minister of marine.

TURIN, April 6, 1864.

In transmitting to your excellency the royal decree of to-day's date, on the neutrality of the ports of the kingdom, the undersigned thinks it opportune to accompany it with the present circular, which is intended to serve as a rule for the practical application of the regulations contained in the same.

The report to his Majesty, which precedes the decree itself, will make known to your excellency the fundamental principles of the international maritime law on which it is founded, as also the general rules which guide it.

Such rules and such principles, having been recognized by the publicists of all nations and of all epochs, are, moreover, borne evidence to by recent and analogous regulations which have emanated from the principal maritime powers during the last few years. The state of neutrality which the government of the King intend to observe with respect to powers which find themselves in declared hostility to each other, imposes ertain obligations on the belligerent parties, obligations which cannot be separated from the analogous rights which accompany them; and, therefore, in declaring the duties imposed by the most strict neutrality, it is necessary to mention, at the same time, the prerogatives which arise from such conditions. Thus, in forbidding Italian

subjects from taking part in any way whatsoever to the advantage or disadvantage of the belligerent states; in preventing that in places on the sea shore any commercial operations should be carried out which could produce harm to the powers which are at war against each other; in forbidding, under pains and penalties, that any citizens of the kingdom should take service on board the belligerent ships, refusing them also in such a case any protection on the part of his Majesty's government, and, on the contrary, leaving them under the jurisdiction of the laws of the other parties; it was necessary, on the other hand, to avoid the seas within the territorial jurisdiction of the kingdom serving as a field for hostile operations between the belligerent powers, or the ports and places of anchorage along the extensive Italian coasts serving to afford means of armaments, or being used as secure bases for hostile operations.

It having been agreed, recognized, and stipulated by international treaties that foreign subjects ought to submit to all the laws and regulations which relate to public security, and to the police of the country in which they sojourn or are domiciled, it follows as a logical and natural consequence that the laws and prohibitions contained in article 4 ought to be considered to extend to foreign subjects who happen to be in the kingdom.

The law of humanity, which suggests that in cases of danger even an enemy who was harmless should be assisted, finds its application in the 7th article of the accompanying decrees. To those ships or privateers of the belligerents who should be driven by stress of weather into the ports of the kingdom, or who should there seek refuge to repair damages or to procure provisions or commodities, to such ships it is impossible to refuse shelter and assistance. Nevertheless, the duties of humanity are confined to requirements necessary for safety of navigation, and do not extend to any request for means which could in any shape or manner increase the offensive or defensive force of the said ships.

Consequently, if in any port, roadstead, or coast belonging to your excellency there should come any ships of war, or belligerent privateers, for refuge against bad weather, or to repair damages it had suffered, or to procure provisions or materials indispensable for pursuing its voyage with safety, your excellency, in virtue of article 10, could not refuse such request, but would decline, according to the terms of article 9, to accede to any demand which could in any way increase the means of military offense or defense of the said ships.

The power of landing at or arrival in the harbors or coasts of the kingdom cannot, however, be granted to belligerent ships accompanied by prizes, except in the sole case of stress of weather. In the event of their being in need of repairs or provisions, they must first agree to set their prizes at liberty, and then their requests will be granted, but otherwise every assistance must be refused, the presence of a prize constituting a continuance of hostile operations within the waters under the territorial jurisdiction of a neutral country.

The second paragraph of article 10 provides that a supply of coal can only be granted 24 hours after the arrival of the belligerent ship which has made the demand. In this regulation your excellency will perceive that the undersigned has in view to prevent these sort of supplies serving for immediate offensive purposes against ships of the other belligerent party which might be followed by the one which made the demand for fuel, even though it might have been requested for security of its naviga tion. The period of 24 hours specified in the said article may, in special cases, be extended by the authority of your excellency, but may never be reduced.

The regulation of article 11 of the subjoined royal decree requires, besides its exact observance, that the marine authorities should use all possible care to avoid, in the way they carry it out, any opportunity for immediate hostilities between the ships of the two belligerent parties. In interpreting the article 11 above mentioned, the state of the weather must be taken into consideration in determining the interval allowed to elapse between the departure from port of the first ship and that of the second. The reciprocal conditions of sailing and steamships must be kept in view, the sailing ship, in such a case, being first required to depart rather than that one possessed of mechanical motion, except in the event of the former being a mercantile steamer and the latter a public armed ship or a privateer.

On the arrival at anchorage of a ship of war of whatsoever nation, or in whatsoever locality of the kingdom, a copy of the accompanying royal decree shall be conveyed to it. If the said ship belong to a belligerent power, there shall be also given to it a copy of the inclosed schedule, with the request that the various columns may be filled up in the manner indicated. The same system will be followed towards privateers.

A copy of the said schedule will, as soon as it be filled up, be immediately forwarded to the undersigned in the proper way, the captains and officers of the port not omitting individually to inform the proper authorities under whom they are placed in order of departmental seniority.

The presence of considerable maritime forces in certain ports of the kingdom, as indicated by article 12 and specified in article 13, might in some cases hinder the free action of the government, and the undersigned, following the example of the measures pre

« ՆախորդըՇարունակել »