scribed by other powers on this head, proposes that his Majesty should give his assent to the rules laid down in the accompanying articles.

While the rules contained in article 12 should be scrupulously observed, the naval commandants of the ports, specified in article 13, must use every precaution in applying them, in order to avoid misunderstandings, and to prevent the general maritime regulations from being viewed as bearing a character of mistrust.

Nevertheless, the captains of ports, of which mention is made above, upon seeing the approach of a squadron comprising more than three vessels of war, shall be careful not to await their entrance into harbor before communicating to them the disposition aforesaid, but shall meet them outside the harbor as soon as it shall be manifest that they intend to anchor, and thus inform them in good time of the rules which obtain in that port with respect to the presence of foreign naval armaments.

Should the squadron comprise three ships or less, then the captains of the ports, following the directions of article 14, shall go on board of the senior officer's ship, or the man-of-war should she be alone, and communicate to him the provisions of article 12 with respect to the stay of the squadron in the harbor.

From the second paragraph of article 12 your excellency will perceive that, with the permission of the government, ships of war, three or less in number, may be allowed to sojourn for a longer period than eight days in the ports mentioned in article 13.

Therefore, should the commander of the squadron express a wish to prolong his stay beyond the period prescribed by the rules, your excellency will inform the undersigned of the same as soon as possible, and await a reply, before requesting the commander to take his departure, even though the period of eight days were thereby exceeded.

Your excellency will gather from article 8 that the government are desirous of making an exception to the rules laid down by the royal decree in favor of those vessels of war whose mission is exclusively scientific; and this exception, made some years ago, is to be extended also to vessels belonging to a belligerent state.

This exception refers, however, solely to those vessels whose mission is altogether beyond suspicion, and already recognized by the government by diplomatic means, and has been assented to by them.

In such cases the respective captains of ports will be advised in time by the ministry of marine itself.

Whenever any doubt shall be entertained by the naval authorities as to the interpretation or application of the various cases contemplated in the articles of the said decree, they must refer at once to the ministry in writing, and ask for instructions and explanations.

Report addressed to the King by the minister of marine.

CUGIA.

TURIN, April 6, 1864.

SIR: The Paris convention of April 16, 1856, has established new bases of public laws in naval war with respect to neutrals and to belligerent powers.

Property belonging to the subjects of a state which remains neutral in war, even if embarked upon hostile ships, is now respected; nor does it constitute, any longer, in most cases, prize of either belligerent.

The obligations undertaken by the powers signitary to the above convention, and by the countries adhering to it, not to issue letters of marque to merchant ships, have also modified those principles of maritime law which refer to privateers and their prizes. These principles, however, intended to diminish the losses sustained by private individuals during a maritime war, were not accepted by all naval powers indiscriminately, and for that reason the laws regarding privateering and its prizes contained in the various codes and regulations of maritime law could not be abrogated, being kept in reserve for such cases as those of a war with one of the countries which had refused its adherence to the principles laid down in the Paris convention.

This explains the motives why the maritime powers who framed these new bases of law should now also issue regulations regarding the armaments of privateers.

The conditions of the portions of North America at war induced, at the commencement of that struggle, the French government to declare in a note dated 10th June, 1561, and also the British government in a letter of 12th January, 1862, from the foreign office to the lords of the admiralty, what principles were to serve as a basis of neutrality to those governments during the disastrous war in America.

Recently, however, and in spite of this declaration, hostile enterprise was carried into the waters of the neutral European powers by certain vessels pertaining to these belligerents, which also sought to repair damages and obtain provisions in neutral ports.

Although the position of this kingdom may exclude the supposition that any of the armed vessels or privateers of the belligerent states of America might ever have occasion to approach the Italian coast under circumstances calculated to cause trouble to a neutral power, this supposition assumes another aspect when the movements of the

ships of war belonging to the northern powers of Europe are considered now even in a state of armed warfare.

These facts will doubtless compel the attention of your Majesty's government to the consequences which may ensue to a neutral state, and also to provide that while the duties of neutrality are observed, the rights which such a state insures to the neutral powers be equally respected.

While compiling the project of law which I have now the honour to submit to your Majesty, besides detailing the principles which should regulate the conduct of the maritime authorities, the seafaring population, and your Majesty's subjects, to preserve the strict limits of neutrality now to be the guide of the Italian government towards the powers at present at declared war, I think it right to declare what regulations are already in force in many harbors of the kingdom, sanctioned by previous law, and common to all maritime nations, whether as a special right obtaining on certain parts of the coast, (Quale perogativa propria su certi punti speciali delle coste,) or as being recognized by all those who have ever treated of international maritime law.

Whenever your Majesty will approve of the considerations which are the basis of the scheme of the following decree, I would humbly hope that your Majesty will deign to confer upon it your royal sanction.

VICTOR EMANUEL II, ELECT KING OF ITALY.

E. CUGIA, Minister of Marine.

With reference to the royal patents of 24th November, 1827, which determine port regulations;

With reference to the penal law for the mercantile marine, dated January 15, 1827; With reference to the royal decree of December 22, 1861, which extends the laws and regulations of the mercantile marine in force in the ancient provinces to all new pro vinces of the kingdom;

Considering the state of the existing relations between Italy and other maritime states which are in open hostilities;

Considering the rights reserved by international maritime law respecting certain special parts of the seaboard of any maritime state, tending to maintain and guarantee the state of neutrality of that kingdom towards belligerent powers; and to render valid, under all circumstances, those rights which might spring from or be derived from such a state, (of neutrality,) and also to preserve intact its liberty of action;

On the proposal of our minister of marine, in concert with our minister for foreign affairs, we have and do decree:

ARTICLE I. It shall not be allowed for any ship of war or privateer belonging to a belligerent state to enter into or remain with prize in any port or harbor of the kingdom, except in case of necessity.

ARTICLE II. In such exceptional cases, and under the conditions contained in the preceding article, ships of war and privateers must leave the coast of the kingdom as soon as the cause which forced them to seek shelter shall have been removed, and according to the dispositions of article XI.

ARTICLE III. No sale, exchange, transfer, or gift of objects of plunder shall be made under any pretext in the ports, harbors, or coasts of the kingdom.

ARTICLE IV. No Italian subject shall take commission from either belligerent power to arm ships for war, or to accept letters of marque to cruise, or assist in any way in fitting out, arming, or preparing for war a vessel or privateer of the said belligerents. ARTICLE V. According to the 35th article of the penal code for the mercantile marine, no Italian subject shall be enrolled or take service on any ship of war or privateer belonging to either belligerent.

ARTICLE VI. No Italian subjects guilty of contravention of the rules laid down in the preceding articles 4 and 5, or who shall commit any act against one of the belligerent powers, contrary to the duties attendant upon the neutrality maintained by the Italian government towards the said parties, can claim protection against the acts or measures of whatever nature which the belligerents may deem right to enforce against them, and besides, they incur the penalties mentioned in article 5 of the present decree, according to the dispositions of the 80th article of the penal code for the mercantile marine, dated January 13, 1827.

ARTICLE VII. No belligerent vessel of war or privateer shall remain more than 24 hours in any port, harbor, or anchorage in the kingdom or adjacent waters, even though alone, except in cases of necessity caused by stress of weather, for repairs, or for want of necessary provisions for the safety of navigation.

ARTICLE VIII. Vessels of war belonging to a friendly power, even though belligerent, can anchor and remain in the ports and harbors of the kingdom, when their mission is purely scientific.

ARTICLE IX. In no case shall a belligerent vessel of war make use of an Italian port for warlike purposes, or for providing itself with arms and ammunition. Neither shall it, under pretext of repairs, do anything to increase its force in action.

ARTICLE X. There shall not be furnished to belligerent vessels of war or privateers other than provisions in portions for the subsistence of the crew, and the mere means for making those repairs actually necessary for the safety of the vessel. Belligerent vessels of war and privateers wishing to coal can only do so 24 hours after their arrival. ARTICLE XI. When vessels of war, privateers, or merchant vessels of both belligerent powers shall meet in the same port or harbor of the kingdom, there shall be an interval of 24 hours between the departure of any vessel belonging to one power and that of any vessel of the other power. The local maritime authority has power to prolong this interval according to circumstances.

ARTICLE XII. In ports considered as naval fortresses or military fortresses, in anchorages where military or naval arsenals, dockyards, or other similar buildings, only three vessels of war belonging to the same power shall be there at once, and then for no period exceeding eight days.

This period can only be extended in cases of necessity or for the sake of repairs, under formal permission of his Majesty's government, to whom application must be made by the local maritime authorities through the minister of marine.

ARTICLE XIII. The ports and places of anchorage treated of in the preceding article are: Genoa, and adjacent waters towards the shore of Foce; the gulf of Spezia, Leghorn ; Portoferraj; Naples; Baja; Castlelamare; Gaeta; Messina, (with the anchorages of Faro and Reggio in Calabria ;) Milazzo; Syracuse; Augusta; Palermo; Frapani; Taranto; Brindisi; Ancona; Cagliari; Island of Maddalena.

ARTICLE XIV. The local maritime authorities of the plans mentioned in the preceding article shall, on the arrival of foreign vessels of war, present to their commanders, or commander of the squadron, a copy of the present regulations for their information, and request them to conform to them.

ARTICLE XV. All maritime authorities in the kingdom are expected to adopt strictly all the measures prescribed in the present decree, which shall take effect froin the day of its publication in the various parts of the kingdom.

ARTICLE XVI. All dispositions at present in force, and which are contrary to those contained in the present decree, are hereby abrogated.

We command that this present decree, furnished with the great seal and registered at the court "dei conti," be inserted in the official collection of laws and decrees of the kingdom of Italy, desiring all it may concern to obey it and make it obeyed.

(Signed)
(Countersigned)

VITTORIO EMANUELE.
E. CUGIA.

TURIN, April 6, 1864.

Extract from Italian naval code, Chapter VII—of the neutrality of the state towards belligerent

powers.

In case of war between powers towards which the state remains neutral, privateers, or vessels of war with prizes, shall not be received into the harbors or roadsteads, except in cases of stress of weather.

They will have to leave as soon as the danger has ceased.

No ship of war or privateer belonging to a belligerent will be allowed to remain longer than 24 hours in a port, harbor, or roadstead of the state, or in the adjacent waters, even when alone, except in cases of necessity arising from bad weather, of shipwreck, or of an absence of the means necessary to carry on the navigation with safety. In no case will they be permitted, during their stay in the port, harbor, or roadstead of the state, to sell, exchange, or barter, or even give away, any of the prizes, (taken in war.)

The ships of war of a friendly power, even when belligerent, are permitted to touch or even to remain in any harbor, port, or roadstead of the state, on condition that the object of their mission be exclusively a scientific one.

In no case can a belligerent ship avail itself of an Italian port for the purposes of war, or of obtaining arms and munitions. It shall not be able, under the pretense of repairs, to execute any alterations or other works designed to augment its warlike force. Nothing shall be furnished to vessels of war or to belligerent privateers beyond articles of food and commodities, and the actual means of repair necessary to the sustenance of their crews and the safety of their navigation.

Vessels of war or belligerent privateers wishing to fill up their stores of coal cannot be furnished with the same before 24 hours after their arrival.

In the case in which vessels of war, whether privateers or merchantmen of the two belligerent nations, are both together in a port, harbor, or roadstead of the state, there shall be an interval of at least 24 hours between the successive departures of the vessels of one belligerent and those of the vessels of the other.

This interval can be increased according to the circumstances brought before the maritime authorities of the place.

The capture of prizes, as well as any other act of hostility between two belligerent ships within the territorial waters or the adjacent waters of the islands of the state, will constitute a violation of territory.

THE NETHERLANDS.

[Received from her Majesty's legation at the Hague.]

Note from the minister for foreign affairs to his Majesty's chargé d'affaires.

[Translation.]

THE HAGUE, March 6, 1867. Mr. Ward's note of the 16th instant, asking information for his government about the laws, regulations, and other means that the Netherlands may use to prevent violation of neutrality within her borders, has been received.

In reply, the undersigned informs Mr. Ward that there is no code of laws or regulations in the kingdom of the Netherlands concerning the rights and duties of neutrals, nor any special laws or ordinances for either party, on this very important matter of external public law. The government may use articles 84 and 85 of the penal code; but no legislative provisions have been adopted to protect the government, and serve against those who attempt a violation of neutrality.

It may be said that no country has codified these regulations and given them the force of law; and though Great Britain and the United States have their foreign enlistment act, its effect is very limited. The Netherlands government has not yet thought proper to collect the regulations in relation to the rights and duties of neutrality; but has always scrupulously observed the principles of the European law of nations, and have published notices (as Great Britain and France did in 1861) to Netherland subjects not to carry dispatches or articles contraband of war, nor to break an effective blockade, nor to engage in privateering, nor accept letters of marque.

The admission of belligerent ships of war into our ports was regulated in the same manner, and the special instructions sent to our colonial governors, during the civil war in the United States, were communicated to the British legation on the 17th December, 1861.

Those notices were more extensive and precise last year. The government undertook to prevent the equipment of war vessels for belligerents in her ports. A copy of the Official Gazette, March 20, 1866, containing those notices, is hereto annexed.

Articles 84 and 85 of the penal code may be used as coercive measures to prevent violations of neutrality. For example, they might serve to prosecute those attempting to equip or sell vessels of war in our ports, for the benefit of belligerents. The vessels could then be seized as evidence, and their departure be thus prevented.

The undersigned requests Mr. Ward to communicate this to his government, and begs him to let this government know what articles are considered contraband of war by the cabinet at London. Yours, &c.,

DE ZEYLEN DE NYEVELT.

Translation of proclamation-Ministry of foreign affairs.

As war is now existing between Brazil (in league with the Argentine Republic and Uruguay) and Paraguay, as well as between Spain and Chili, while Peru has declared war against Spain, the minister of foreign affairs and the minister of justice are empowered by the King to advise by these presents all inhabitants of this kingdom by no means to meddle with privateering, and to accept no foreign letters of marque. Should Netherlanders, who practice any such privateering business or lend a hand in it, be pursued before the Dutch authorities, the affairs of such people will be treated as criminally hostile, and will receive the punishment awarded by the law.

The above-mentioned ministers,

THE HAGUE, March 17, 1866.

E. CREMERS.
PICKÉ.

In consequence of the commands of the King, the ministers of foreign affairs, of justice, and of marine, bring to the knowledge of all whom it may concern that, for the preservation of a complete neutrality during the war between the powers mentioned in the previous amendment, the following determinations have been resolved upon: ARTICLE I. No ships of war or privateers belonging to one of the belligerent powers, with prizes, shall be allowed to come into Dutch harbors or estuaries, or remain there to refit, unless they are overtaken by evident necessity, such as misfortune at sea or want of provisions. They shall, moreover, so soon as the cause which delayed them be overcome, go on their way as speedily as possible.

ARTICLE II. Proclaiming prizes, the selling, bartering, or giving away of all prizes and of objects coming out of them, also of plundered goods, is forbidden in the harbors or estuaries of the Netherlands. It is also forbidden to unrig and sell ships of war or cruisers of the belligerent parties, also privateers, (so far as these are admitted,) unless

the government in ordinary circumstances gives judgment that the sale can take place without danger to the neutrality of the state.

ARTICLE III. Privateers, even without prizes, are not admitted into Dutch harbors and estuaries, except in the cases specified in Article I. The conclusion of that article is also applicable to this one.

They must take in no more provisions than they require for immediate use, of coal hardly as much as is necessary to supply their wants for 24 hours.

ARTICLE IV. The ships of war of the belligerent parties, provided they submit to the international regulations for their admission into neutral ports, may remain for unlimited time in Dutch harbors and estuaries; they may also provide themselves with an unlimited quantity of coal.

The government, however, reserves to itself the right, whenever it is thought necessary for the preservation of neutrality, to limit the duration of such stay to 24 hours. ARTICLE V. When ships of the belligerent parties (either ships of war, cruisers, or merchantmen) find themselves at the same time in the same harbor to refit, or in the inner waters of the country, a period of at least 24 hours must elapse between the departure of a ship of one belligerent party and the following departure of a ship belonging to another belligerent.

This period of time may be lengthened, according to circumstances, by the maritime authorities of the harbors.

ARTICLE VI. It is forbidden to furnish to the ships of war of either of the belligerent parties weapons or ammunition, as well as to aid in any way to the increase of his

weapons or accoutrements.

The above-named ministers,

THE HAGUE, March 17, 1866.

E. CREMERS.
PICKÉ.

The minister of war, charged ad interim with the department of marine.

J. W. BLANKEN.

The minister of foreign affairs thinks it his duty, in consequence of the war existing between the above-mentioned powers in South America, to call the attention of ship-owners, manufacturers, and freighters, to the dangers and difficulties to which they expose themselves if, putting themselves in opposition to their duties to the neutral powers, they do not respect an actual blockade, or transport contraband of war, soldiers, or dispatches intended for one of the belligerents.

In these circumstances the parties concerned will be exposed to all results proceeding herefrom, without any protection or intervention from the Netherland government, whatever claims they may make.

Also, the government will keep strict watch against the fitting out in this country of armed ships on behalf of the belligerent parties, or the taking part therein by Netherlanders.

The above-named minister,

THE HAGUE, March 17, 1866.

[Translation.]

E. CREMERS.

Articles 84 and 85 of the penal (code Napoleon) book III, title I.

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.

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

PORTUGAL.

LISBON, February 26, 1867.

MY LORD: In reply to your lordship's dispatch marked circular, of the 14th instant, instructing me to procure information respecting the neutrality laws in Portugal, Í have the honor to state to your lordship that I have this day received from the Portuguese minister a note, of which a copy, together with a translation by Mr. Duff, is herewith transmitted. Your lordship will perceive that its information is restricted to furnishing me with copies of the Portuguese declarations of neutrality, which are already in the possession of her Majesty's government.

I have, therefore, requested further information in a note, of which I beg also to inclose a copy, as to what are the laws, regulations, or any other means at the disposal of the Portuguese government for preventing within their territory any acts which would be violations of the Portuguese neutrality laws as contained in the declarations of neutrality, which M. Cazal Ribeiro has transmitted to me.

I have the honor to be, &c.,

The Right Honorable LORD STANLEY, M. P., &c., &c., &c.

A. PAGET.