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FOREIGN DEPARTMENT, LISBON,
February 25, 1867. (Received 26th.)

MOST ILLUSTRIOUS AND EXCELLENT SIR: I received the note which your excellency was pleased to address to me on the 19th instant, wherein you inform me that inasmuch as her Majesty's government had appointed a commission to inquire into the neutrality laws in England, and were desirous to obtain information respecting the laws, regulations, or any other measures that may have been adopted in other countries upon this subject, they had instructed your excellency to point out to them what were the laws and regulations of Portugal for the purpose of preventing, within the Portuguese territory, any acts that might be considered to be a violation of the laws of neutrality. And as your excellency requested me to forward to you copies of the laws and regu lations to which you refer, as well as any other information that I might be able to furnish upon this point, I have the honor to state to your excellency that as Portugal professes the most liberal principles with regard to neutrality, and as it is desirous to co-operate towards the consolidation of those principles, and the securing of the freedom of the maritime trade and navigation of neutral powers, it did not hesitate, so far back as the year 1782, to accede to the declaration made by Russia on the 28th of February, 1780, to several powers, and to agree in the convention entered into with that empire, on the 12th of July of the above-mentioned year of 1782, to identical principles with those which are laid down in the second, third, and fourth articles of the declaration of the Congress of Paris of the 16th of April, 1856, on maritime law, a declaration to which Portugal fully and entirely adhered, because it was in accordance with the doctrines which it has for so many years professed with regard to neutrality. Before the adhesion of Portugal to the declaration of the 16th of April, 1856, to which I allude, and at the time of the eastern question, the decree of the 5th of May, 1854, (of which a copy is inclosed,) was published in order that the most strict and absolute neutrality should be observed in this kingdom in regard of those powers which were then in a state of war.

On the 29th of July, 1861, the Portuguese government being desirous, under the circumstances which then occurred with respect to the United States of America, to enforce a compliance with the principles set forth in the declaration of Paris of the 16th of April, 1856, published the decree of that date, of which I also forward the inclosed copy to your excellency.

Finally, by the decree of the 2d of July, 1856, on the occasion of the breaking out of the war between Italy and Austria, as well as between Russia, that empire and other states of Germany, and of which a copy was sent to the several chiefs of missions of Portugal in order that they should communicate the provisions contained therein to the government to which they were accredited, your excellency will see what are the neutrality laws now in force in Portugal.

I avail myself, &c.,

Sir A. PAGET, &c., &'c., &c.

CAZAL RIBEIRO.

BRITISH LEGATION, LISBON,
February 26, 1867.

M. LE MINISTRE: I have the honor to acknowledge the receipt of your excellency's note of yesterday's date respecting the neutrality laws of Portugal, and to thank your excellency for the documents with which you have been good enough to furnish me. There is one point, however, upon which her Majesty's government are most desirous of information, to which your excellency's note and the inclosures it contains do not refer, namely, what laws or regulations, or any other means, are at the disposal of the Portuguese government for preventing within its territory any acts which would be violations of the Portuguese neutrality laws, as contained in the declarations of neutrality which your excellency has transmitted to me. If your excellency would supply me with this information I should be greatly obliged.

I avail myself, &c.,

H. E. M. CAZAL RIBEIRO.

A. PAGET.

LISBON, March 29, 1867.

MY LORD: With reference to my dispatch of the 26th ultimo, I have the honor to transmit to your lordship a copy, with translations by Mr. Duff, of a further note which I have received from the Portuguese minister respecting the neutrality laws and their enforcement in Portugal.

I have the honor to be, &c.,

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

A. PAGET.

FOREIGN DEPARTMENT, LISBON,
March 18, 1867. (Received 22d.)

MOST ILLUSTROUS AND EXCELLENT SIR: I had the honor to receive the note which your excellency was pleased to address to me on the 26th of February last, requesting

to be informed, in compliance with the wishes expressed by your government, what laws or means does the Portuguese government possess to enable it to preveut within its territory any acts of violation of neutrality.

In reply, it is my duty to state to your excelleucy that the laws and regulations in the matter are those which were inclosed in my note of the 25th of that month, or were mentioned in those documents, and the means of execution in the case of any violation of neutrality are-criminal proceedings, the use of force, complaints addressed to foreign governments, or any other means in order to meet some particular occur

rence.

I avail myself, &c.,

Sir A. B. PAGET, &c., &c., &c.

CAZAL RIBEIRO.

PRUSSIA.

[Received from her Majesty's embassy at Berlin.]

Note from the minister of foreign affairs to her Majesty's ambassador.

BERLIN, March 11, 1867. The undersigned has the honor to state, in reply to the note of Lord Loftus, &c., of the 15th ultimo, that the decrees contained in the Prussian code of laws for preventing, during the war between foreign states, acts on Prussian territory which could be construed as an infringement of neutrality are partly direct and partly indirect.

A direct decree is contained in section 78 of the code of punishments of the 14th of April, 1851, by which hostile acts committed by a Prussian in his own country or abroad, or by a foreigner during his residence in Prussia, against a foreign state or its ruler, are punishable, if the same acts committed against the King of Prussia would be held to be high treason. But with respect to acts committed against non-German states, this decree is only enforced when reciprocity is guaranteed by public decrees or treaties.

The punishment consists in imprisonment in the house of correction for from two to ten years; but under extenuating circumstances, in confinement for one to ten years. Should the intention be discovered before the act is carried out, confinement from six months to three years.

It is stated in section 61 of what nature these hostile acts must be to render them liable to punishment, viz, every attempt which has for its object:

1. To murder the King, to take him prisoner, to deliver him into the power of the enemy, or to render him incapable of governing; or

2. Forcibly to alter the succession to the throne or the constitution of the state; or 3. To incorporate, either entirely or partially, the territory of the Prussian state into a foreign state, or to separate a portion of territory from the whole.

Furthermore, in section 111, whoever enlists or causes the enlistment of a Prussian in a foreign military service will be punished with imprisonment for from three months to three years. The attempt to commit this act will be punished in the same manner. Under the head of indirect preventative measures against breach of neutrality come all those laws which enable the government generally to oppose the maturing of acts of violence within the territory of the state. The following clauses of the book of the penal code apply to this:

Whoever assembles or commands armed bodies of men without authority, or who furnishes with arms or the necessaries of war a body of men whom he knows to be assembled without the permission of the law, will he punished with imprisonment not exceeding two years.

Whoever takes part in such armed meeting, has rendered himself liable to imprisonment for a term not exceeding one year.

§ 340.

2. Whoever secretly, or in defiance of the authorities, stores up arms or ammunition, it not being his trade, will be punished with a fine of 50 Rths., or six weeks' imprisonment. In these cases a confiscation of the stores takes place. The undersigned, &c., for the minister of foreign affairs,

THILE.

RUSSIA.

ST. PETERSBURG, August 29, 1867. MY LORD: With reference to your lordship's dispatch circular of February 14, instructing me to ascertain and report what laws, regulations, and other means the Russian government possess for preventing acts within its territories of which belligerents might complain as a violation of the duties of neutrality, I have the honor to inclose a copy of a note which I have received from M. de Westmann, stating that with the exception of article 259 of the Russian penal code, which forbids Russian subjects

to afford military succor to any power in a state of war with a government allied to that of Russia, there are no laws existing in this country of the nature alluded to in your lordship's dispatch. A translation of the article of the penal code referred to is inclosed.

I have, &c.,

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

ANDREW BUCHANAN.

[Translation.]

ST. PETERSBURG, April 16, (28,) 1867.

Mr. AMBASSADOR: In reply to your note of the 26th February, I have the honor to inform you that, with the exception of article 259 of the penal code of the empire, which forbids Russian subjects to afford military succor to any power in a state of war with a government allied to that of Russia, there are no laws for preventing acts of which belligerents might complain as violations of neutrality.

Yours, &c.,

WESTMANN.

[Translation.]

§§ 259.-Penal code of Russia.

If any Russian subject in time of peace shall by open force attack the inhabitants of a neighboring state or those of any other foreign country, and shall thereby subject his own country to the danger of a rupture with a friendly power, or even to an attack by such foreign subjects on the territory of Russia, for such a crime against international law, the offender, and all those who participate voluntarily in his enterprise with a knowledge of its objects and illegality, shall be sentenced to lose all their civil rights, and be condemned to hard labor in a fortress for a term of eight to ten years.

SPAIN.

(Received from her Majesty's legation at Madrid.]

Note from the minister for foreign affairs to her Majesty's minister.

[Translation.]

PALACE, February 22, 1867.

SIR: I have received the note which your excellency addressed to me on the 17th instant, requesting, in the name of your government, a copy of the laws and regula tions in force in the Peninsula concerning neutrality.

In this matter Spain has always adapted herself to the principles of international right, and solely on the occasion of the late war in the United States did her Majesty's government issue a decree on the neutrality to be observed by Spanish subjects during that contest.

Of that document (the only one existing on the subject) a copy has been made, which I have the honor to transmit to your excellency in answer to your above-mentioned

note.

I avail, &c.,

H. B. M. MINISTER PLENIPOTENTIARY.

E. D. CALONGE

[Translation.]

Royal decree concerning neutrality in the United States war, issued by H. C. M., on the 17th June, 1861.

Taking into consideration the relations which subsist between Spain and the United States of America, and the propriety of causing no detriment to the reciprocal sentiments of good understanding on account of the grave events which have happened in that republic, I have resolved to maintain the strictest neutrality in the contest entered into between the Confederate States of the south and the Federal States of the Union; and in order to avoid the prejudice which might result to my subjects and to navigation and commerce, in consequence of the want of clear dispositions by which to regulate their conduct, in accordance with my council of ministers, I decree the following:

ARTICLE 1. The fitting-out, supplying, and equipment of any privateer in any of the ports of the monarchy is prohibited, whatever may be the flag which she may hoist. ART. 2. The proprietors, masters, or captains of merchant vessels are also prohibited

from receiving letters of marque, and from contributing in any way to the armament and equipment of vessels of war or privateers.

ART. 3. Ships of war or privateers with prizes are prohibited from entering and remaining for more than 24 hours in the ports of the monarchy, except in the case of forced arrival.

When the latter shall occur, the authorities shall watch the ship, and shall oblige her to put to sea as soon as possible, without permitting her to supply herself with anything more than that which is necessary for the moment, but under no circumstances with arms or with munitions of war.

ART. 4. Articles taken from prizes shall not be sold at the ports of the monarchy." ART. 5. The transport of all articles of commerce under the Spanish flag is guaranteed, except when intended for the blockaded ports.

The carrying of effects of war and of papers or communications for the belligerents is prohibited. Contraveners will be responsible for their own acts, and will have no right to the protection of my government.

ART. 6. All Spaniards are prohibited from enlisting in the belligerent armies, and from engaging themselves for service in vessels of war or privateers.

ART. 7. My subjects will abstain from any act which, by violating the laws of the kingdom, might be considered contrary to neutrality.

ART. 8. Contraveners of the above orders will have no right to the protection of my government; they will suffer the consequences of the measures taken by the belligerents, and will be punished according to the laws of Spain.

SWEDEN.

[Received from her Majesty's legation at Stockholm.]

Note from the minister for foreign affairs to her Majesty's minister.

[Translation.]

STOCKHOLM, February 23, 1867. SIR: In answer to your note of the 19th instant, I have the honor to inform you that the dispositions of the declaration of the Paris Congress of the 16th April, 1856, and of the annexed ordinance of 8th April, 1854, are the only laws now in force on matters of neutrality; and it is a principle with us, that where there is no law or positive fact to regulate the rights and duties of neutrals in time of war, the rules or principles in general use among nations must find application.

MANDERSTRÖM.

Mr. JERNINGHAM, &c., &c., &c.

[Translation.]

Royal ordinance relating to what must be observed for the protection of the commerce and navigation of Sweden in time of war between foreign powers. Issued at Stockholm the 8th April, 1854.

We, Oscar, by the grace of God King of Sweden and Norway, of the Goths and Vandals, hereby make known

That, recognizing the necessity, in prospect of threatened collision between foreign maritime powers, for those of our faithful subjects engaged in commerce and navigation to observe strictly the obligations and precautions requisite to secure to the Swiss flag all the rights and privileges of neutrals, and also to avoid every act that might arouse the suspicion of belligerent powers and subject us to insult, we have thought proper to ordain, in reference to what has been already enacted on the subject, that the following rules be hereafter generally observed:

1. To enjoy the rights and privileges due to the Swedish flag as a neutral, every Swedish vessel must have on board the documents required by existing ordinances (see royal ordinances 1st March, 1841, and 15th August, 1851) to prove its nationality, and these documents must be on board during every voyage.

2. Captains are positively forbidden to have duplicate or false papers or bills of lading on board, and to hoist any foreign flag, on any occasion or pretext whatever. 3. If the crew of a Swedish vessel, while abroad, is diminished so as not to have enough left to work it, a complement must be taken from neutrals; but in no case shall the portion of the crew taken from belligerents exceed one-third. Every change of this kind, with causes for it, shall be noted on the crew-list, and be certified by the Swedish consul or vice-consul, or, those wanting, by the mayor or a notary public, according to the usages of the country.

4. Swedish vessels, as neutrals, may freely navigate in the ports and on the coasts of nations at war; but they must not attempt to enter a blockaded port, if notified of such a condition by the commanding officer of the blockade.

By a blockaded port is understood one so closed by many war vessels, stationed so near to each other that no vessel can pass without evident risk.

5. All sorts of goods, even belonging to the belligerents, may be freely carried on neutral Swedish vessels, with the exception of articles contraband of war. The following articles are contraband of war: cannons, mortars, arms of all kinds, bombs, grenades, bullets, flints, matches, powder, nitre, sulphur, shields, pikes, belts, cartridgeboxes, saddles and bridles, as well as everything used in war; excepting, of course, the quantity of such material as may be necessary to defend the vessel.

6. Every Swedish captain is prohibited from using his vessel to carry dispatches, troops, or munitions of war, for belligerents; and if forced to do so, he shall make a formal protest against such force.

7. Vessels of belligerent powers may import or export to or from Swedish ports all sorts of produce or goods not contraband of war.

8. Every Swedish subject is forbidden to arm or equip vessels to cruise against any belligerent power, their subjects or property, or to take part in any ships for that purpose. They are also forbidden to accept service on board privateers.

9. No privateer shall be allowed to enter a Swedish port, nor to hover on the coast. No prizes shall be brought into Swedish ports, unless from stress of weather. Our subjects are also forbidden to buy captured goods from privateers.

10. When a captain without escort is met at sea by a war vessel of a belligerent, he must show his papers, and not conceal any, or throw them overboard.

11. When merchant vessels are escorted, their captains must conform to the royal ordinance of the 10th June, 1852.

12. The captain who observes the above regulations enjoys a free navigation by the law of nations; and if he is molested, he must appeal to our ministers and consuls abroad for redress and damages. The captain who neglects them does so at his own risk, and forfeits our protection.

13. In case a Swedish ship is seized, the captain must make a certified report of the seizure to his consul or vice-consul, at the port where he is carried, or to the nearest consul or vice-consul.

We command and order all persons interested to conform to the above regulations. In faith whereof, we have signed the present with our hand, and have affixed our royal seal thereto.

Done at the palace of Stockholm, on the 8th of April, 1854.

J. F. FAHRÆUS.

UNITED STATES.

OSCAR. [L. S.]

WASHINGTON, February 18, 1867.

MY LORD: I have the honor to acknowledge the receipt of your lordship's telegram of the 14th instant, inquiring what laws, regulations, or other means the United States government possess for the prevention of acts within their territories of which belligerents might complain as violating duties of neutrality.

The only law on the subject is the neutrality act of 1818. In the accompanying volume of Brightley's Digest I have marked the law. In the foot-notes your lordship will find the principal cases which have been decided in the courts of the United States bearing upon the construction of the statutes.*

*NOTE.-The references here mentioned are the following:
(a) At end of sec. 1. "See 2 McLean, 2; 5 Ibid., 250."
(b) Sec. 2, after words "If any person."

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Foreign consuls are not exempted from the penal effects of the statute. A foreign minister who violates its provisions is liable to be summarily dismissed. 7 Opin ions, 367." [N. B. The opinion here referred to is that of Caleb Cushing, which has been circulated among the commissioners.]

(c) In 2d sec., after the second "himself." "This act is declaratory of the pre-existing law of nations, and was intended to aid the Executive in the enforcement of that law. The Santissima Trinidada. 1 Brock, 7 Opinions, 367."

(d) In sec. 2, after word "Enlisted." "It is not a crime under this act to leave this country with intent to enlist in foreign military service; nor to transport persons out of the country with their own consent who have an intention of so enlisting. To constitute a crime under this statute such persons must be hired or retained to go abroad with the intent of such enlisting. United States v. Karinski. 8 Law Reports, 254. See 4 Opinions, 336."

(e) In sec. 3, after the first" arm.' "Either will constitute the offense; it is not necessary that the vessel should be armed, or in a condition to commit hostilities on leaving the United States. United States v. Quincy, 6 Pet., 445. See 3 Opin., 738, 741."

(f) In sec. 3, after the word "armed." "See United States v. Guinet, 2 Dall., 328."

(g) In sec. 3, after words "with intent" Any degree of intent to commit hostilities against a nation with which this government is at peace is sufficient. 5 Opin., 92. But there must be a fixed intention that the vessel should be so employed; a mere wish so to employ her, if he could obtain funds on her arri val at a foreign port for the purpose of arming her, is not sufficient to render the defendant guilty, United States v. Quincy, 6 Pet., 445; Moodie v. The Alfred, 3 Dall., 307. But the fact that the arms and ammunition were cleared out as cargo, and the men shipped as for a common mercantile voyage, will not vary the case. The Gran Para, 7 Wheat., 486."

(h) In sec. 3, after word "people." "United States v. Quincy, 6 Pet., 467."

(i) In sec. 5, after first "vessel." As to what amounts to the augmentation of the force of a foreign

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