[Enclosure] Project of a Treaty Respecting Maritime Law 1 1 The United States of America, and animated by a common desire to render more intimate the relations of friendship and good understanding, now so happily subsisting between them and more especially to establish these relations in accordance with the present state and progress of civilization have mutually resolved to declare by means of a formal convention, the principles of maritime law which the high contracting parties acknowledge as the basis of neutral and belligerent rights at sea, and which they agree to recognize as permanent and immutable, and to observe between themselves and with other powers which shall recognise and observe the same towards the parties to this convention. For this purpose the President of the United States has conferred full powers on has conferred like powers on and and said Plenipotentiaries after having exchanged their full powers found in good and due form, have concluded and signed the following articles: ARTICLE I The high contracting parties do hereby agree to observe the following principles as immutable rules of Maritime Law First: That Privateering is and remains abolished and the private property of subjects or citizens of a belligerent on the high seas, shall be exempted from seizure by the public armed vessels of the other belligerent except it be contraband. Second. The Neutral' flag covers enemy's goods with the exception of contraband of war. Third. Neutral goods with the exception of contraband of War are not liable to capture under enemy's flag. Fourth. Blockades, in order to be binding must be effective; that is to say maintained by a force sufficient really to prevent access to the coast of the enemy ARTICLE II The High Contracting Parties, do hereby declare that henceforward in judging of the rights of citizens and subjects of neutral nations, they will observe the principles contained in the foregoing article, and be guided by them, and that all nations which shall stipulate by treaty to accede to the aforesaid principles and observe the same, shall enjoy the rights secured thereby as fully as the two powers signing this convention. 1 1 MS., Instructions, Great Britain, vol. xvII, pp. 65–67 This Convention shall be ratified by the President of the United States by and with the advice and consent of the Senate thereof and by and the ratification's shall be exchanged at within fifteen months to be counted from the date of the signature hereof or sooner, if possible. 113 The Secretary of State (Cass) to the Minister in Great Britain No. 60 (Dallas)1 WASHINGTON, April 3, 1857. SIR: With reference to the instructions which have heretofore been given to you with a view to a modification of the rules of maritime law which were proposed by the conference at Paris, I am directed by the President to instruct you to suspend negotiations upon the subject until you shall have received further instructions. He has not yet had time to examine the questions involved, and he deems it necessary to do so before any further steps in the matter are taken. I am [etc.] LEWS CASS 114 Treaty of Peace, Friendship, Commerce, and Navigation between the United States and Bolivia, May 13, 1858 2 [Articles IX, XV-XX] ARTICLE IX Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, ports or dominions of the other with their vessels, whether merchant or of war, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage without obstacles or hinderance of any kind. And the provisions of this article shall apply to privateers or private vessels of war as well as public, until the two high contracting parties may relinquish the right of that mode of warfare, in consideration of the general relinquishment of the right of capture of private property upon the high seas. 1 MS., Instructions, Great Britain, vol. xvii, p. 71. Also sent, on the same date, to the Minister in France, and on Apr. 7, 1857, to the Ministers in Austria and Prussia. 2 Malloy, Treaties, Conventions, etc., vol. 1, pp. 113–125, ARTICLE XV It shall be lawful for the citizens of the United States of America, and of the Republic of Bolivia, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with either of the contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with their ships and merchandises before mentioned, and to trade with the same liberty and security, not only from places and ports of those who are enemies of both or either party, to the ports of the other, and to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of one power or of several. ARTICLE XVI The two high contracting parties recognize as permanent and immutable the following principles, to wit: 1st. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or State at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the commerce and navigation of all such powers and States as shall consent to adopt them as permanent and immutable. ARTICLE XVII This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be comprehended: 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fuses, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmets, breastplates, coats of mail, infantry-belts and clothes made up in the form and for a military use. 3d. Cavalry-belts, and horses, with their furniture. 4th. And, generally, all kinds of arms, offensive and defensive, and instruments of iron, steel, brass and copper, or any other materials manufactured, prepared and formed expressly to make war by sea or land. ARTICLE XVIII All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular, it is declared that those places or ports only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. ARTICLE XIX The articles of contraband before enumerated and classified which may be found in a vessel bound to an enemy's port shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great or of so large a bulk that they cannot be received on board the capturing ship without great inconvenience; but in this, as well as in all other cases of just detention, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment according to law. ARTICLE XX And whereas it frequently happens that vessels sail for a port or places belonging to an enemy without knowing that the same is besieged, blockaded or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, they shall again attempt to enter; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded or invested by the other, be restrained from quitting such place with her cargo; nor, if found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. 42179-34- -27 115 The Secretary of State (Cass) to the Minister in France (Mason )1 WASHINGTON, June 27, 1859. SIR: The Government of the United States has learned with much concern that a war has broken out in Europe which threatens in its progress to involve other powers and to become one of the most eventful contests in which modern nations have found themselves engaged. The policy of the United States is essentially Pacific, and upon the present occasion as heretofore, they will faithfully discharge their neutral duties, determined, so far as depends upon themselves, to preserve the most amicable relations with the Powers engaged in hostilities. This determination will be communicated to each of those Powers, and you will make it known to the Government of His Imperial Majesty; and in doing so you will take care and express the confident expectation of the United States, that their rights will be respected by France with equal fidelity. There is reason to apprehend, that in the progress of the war questions affecting the rights of neutral nations upon the ocean may present themselves for consideration, and whose peaceable solution may require discretion as well as forbearance. The tendency of modern civilization and improvement is to mitigate the calamities of war; and the progress of opinion has introduced important meliorations into the mode of its prosecution, especially upon land. But, unfortunately, similar beneficent changes have not been admitted into maritime wars, so that the code which regulates these contests, yet contains principles of action not adapted to the sentiments of the age in which we live. It is desirable that by the general consent of Independent Powers, modifications should be made in these objectionable principles, so as to accommodate them to the existing state of things, and also that the rights of belligerent nations should be restrained within reasonable limits, and defined with due precision. This despatch will make known to you the views of this Government concerning these subjects, and it is deemed important that they should be communicated to the Powers of Europe, principally interested in the weighty questions they involve, and that each of those Powers should be requested, not only to coöperate in the effort to accomplish this good work, but also, zealously to exert its influence with other States to induce them to concur in the proposed measure, which appeals by so many grave considerations to the feelings and judgment of the age. The various Representatives of 1MS., Instructions, France, vol. xv, pp. 426–444, |