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for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit ont, or arın, or procure to be equipped, furnished, titted out, or armed, or shall knowingly aid, assist, or be concerned is the eqnipping, furnishing, titting out, or arming, of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store-ship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state or potentate, or against the persons exercising or assuming to exercise the powers of, government in any colony, province, or part of any province or country, or agaiust the inhabita'ts of any foreign country, province, or part of any province or country, with whom His Majesty shall not then be at war; or shall, within the United Kingdom, or any of His Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to His Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemned guilty of a misdemeanor, and shall, upon conviction thereof upon any information or indictment, be punishable by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted ; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, aminunition, and stores, which may belong to or be on board of any such ship or vessel, shall be forfeited ; and it shall be lawful for and officer of His Majesty's customs or excise, or any officer of His Majesty's navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the otiicers of His Maj

esty's enstoms or excise and the otticers of His Majesty's navy are empowered [9] respectively to make seizures under the laws of customs and excise, or under

the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, amomition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigatiou."

And it is in and by the said act further enacted:

" That if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's dominions beyond the seas, hvithout the leave and license of His Majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of guns of such vessel, or by changing those on board for other grins, or by the addition of any eqnipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augments ing, the warlike force of any ship or vessel of war, or cruiser, or other armed vessels which at the time of her arrival in any part of the United Kingdom, or any of His Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, or potentate, or to the inbabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeauor, and shall, upon being convicted thereof upon any information or indictment, be pauishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted." Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command, that no per a or persons whatsoever do commit any act, matter, or thing whatsoever contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure.

And we do hereby further warn all our loving subjects, and persons whatsoever entitled to our protection, that if any of them shall presndie, in contempt of this our royal proclamation, and of our high displeasnre, to do any acts in derogation of their duty as subjects of a nentral sovereign in the said contest, or in violation or contravention of the law of nations in that behalf; as, for example, and more especially, by entering into the military service of either of the said contending parties as commisbioned or non-commissioned officers or soldiers; or by serving as ofüicers, sailors, or marines on board any ship or vessel of war or transport of, or in the service of, either of the said contending parties; or by serving as officers, sailors, or marines on board auy privateer bearing letters of marque of or from either of the said contending parties ; or by engaging to go or going to any place beyond the seas with intent to

H. Ex. 282–2

enlist or engage in any such service, or by procuring or attempting to procure, witbin Her Majesty's dominions at home or abroad, others to do so; or by fitting out, arming, or equipping any ship or vessel to be employed as a ship of war or privateer or transport by either of the said contending parties; or by breaking or endeavoring to break any blockade lawfully and actually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, dispatches, arms, military stores, or materials, or any article or articles considered and deemed to be contraband of war, according to the law of modern usage of nations, for the use or service of either of the said contending parties, all persons so offending will incur and be liable to the several penalties and penal consequences by the said statute or by the law of nations in that behalf imposed or denounced.

And we do hereby declare, that all our subjects, and persons entitled to our protec. tion, who may misconduct themselves in the premises, will do so at their peril and of their own wrong, and that they will in nowise obtain any protection from us against any liabilities or penal consequences, but will, on the contrary, incur our high displeasure by such misconduct.

Given at our court at the White Lodge, Richmond Park, this 13th day of May, in the year of our Lord 1861, and in the 21th of our reign.

This proclamation was published fourteen days after the receipt in London of the news that Fort Sumter had been reduced by bombardment, that the President of the United States had called out 75,000 men, and that Mr. Jefferson Davis had taken measures for issuing letters of marque;' twelve days after receipt of intelligence that President Lincoln had published a proclamation of blockade;- nine days after a copy of that proclamation had been received froin Her Britannic Majesty's consul at New York ;3 and three days after the same proclamation bad been officially communicated to Her Majesty's secretary of state for foreign affairs by the United States minister, Mr. Dallas.

On the 1st June, 1861, Her Britannic Majesty's government issued orders by which the armed ships of both belligerents, whether public ships of war or privateers, were interdicted from carrying prizes made by them into the ports, harbors, roadsteads, or waters of the United Kingdom, or of any of Her Majesty's colonies or possessions abroad."

The government of the Confederate States remonstrated warmly against these orders, as practically unequal in their operation, and unduly disadvantageous to the belligerent whose ports were blockaded. The Secretary of State of the United States expressed his satisfaction with them, as likely to “prove a death-blow to southern privateer

ing." (10) *These orders were strictly enforced throughout the whole

period of the war, and no armed vessel was suffered to bring prizes into any British port.

On the 10th June, 1861, the government of the Emperor of the French issued a declaration, which was as follows :6

Paris, le 10 juin, 1861. Le ministre des affaires étrangères a soumis à l'empereur la déclaration suivante, que sa majesté a revêtue de son approbation:

DÉCLARATION.

Sa majesté l'empereur des Français, prenant en considération l'état de paix qui existe entre la France et les États-Unis d'Amérique, a résolu de maintenir une stricte neutralité dans la lutte engagée entre le gouvernement de l'union et les états qui prétendent former une confédération particulière.

En conséquence, sa majesté, vu l'article 14 de l'ordonnance da la marine du mois d'Août, 1861, l'article 3 do la loi du 10 Avril, 1825, les articles 84 et 85 du code pónal,

· Appendix, vol. iii, pp. 2 and 3. 2 « Times” and “Daily News" of May 2, 1861. 3 Appendix, vol. iii, p. 4.

+ Ibid., p. 7. 5 Ibid., p. 18.

. Ibid., p. 22.

1

65 et suivants du décret du 24 Mars, 1852, 313 et suivants du code pénal maritime, et l'article 21 du code Napoléon;

Déclare:

1. Il ne sera permis à aucun navire de guerre ou corsaire de l'un ou l'autre des belligérants d'entrer et de séjourner avec des prises dans nos ports ou rades pendant plus de vingt-quatre heures, hors le cas de relâche forcée.

2. Aucune vente d'objets provenant de prises ne pourra avoir lieu dans nos dits ports ou rades.

3. Il est interdit à tout Français de prendre commission de l'une des deux parties pour armer des vaisseaux en guerre, ou d'accepter des lettres de marque pour faire la course maritime, ou de concourir d'une manière quelconque à l'équipement ou l'armement d'un navire de guerre ou corsaire de l'une des deux parties.

4. Il est également interdit à tout Français, résidant en France ou à l'étranger, de s'enróler on préudre du service, soit dans l'armée de terre, soit à bord des bâtiments de guerre ou des corsaires de l'un ou de l'autre des belligérants.

5. Les Français résidant en France ou à l'étranger devront également s'abstenir de tout fait qui, coinmis en violation des lois de l'empire ou du droit des gens, pourrait être considéré comme un acte hostile à l'une des deux parties, et contraire à la neutralité que nous avons résolu d'observer.

Les contrevenants aux défenses et recommendation contenues dans la présente déclaration seront poursuivis, s'il y a lieu, conformément aux dispositions de la loi du 10 Avril, 1825, et aux articles 84 et 85 du code pénal, sans préjudice de l'application qu'il pourrait y avoir lieu de faire aux dits contrevenants des dispositions de l'article 21 du code Napoléon, et des article 65 et suivants du décret du 24 Mars, 1825, sur la marine marchande, 313 et suivants du code pénal pour l'armée de mer.

Sa majesté déclare, en outre, que tout Français qui ne se sera pas conformé aux ' présentes préscriptions ne pourra prétendre à aucune protection de son gouvernement contre les actes ou mesures, quels qu'ils soient, que les belligérants pourraient exercer ou décréter.

NAPOLÉON. Le ministre des affaires étrangères,

E. THOUVENEL. A decree, of which a translation is subjoined, was on the 17th June, 1861, issued by the government of the Queen of Spain:

(Translation.)

PALACE, June 17, 1861. Taking into consideration the relations which exist between Spain and the United States of America, and the desirability that the reciprocal sentiments of good understanding shall not be changed by reason of the grave events which have taken place in that republic, I have resolved to maintain the most strict neutrality in the contest begun between the l'ederal States of the Union and the States federated at the South; and in order to avoid the damage which might accrue to my subjects and to navigation and commerce, from the want of clear provisions to which to adjust their conduct, I do decree the following:

ARTICLE 1. It is forbidden in all the ports of the monarchy to arm, provide, or equip any privateer vessel, whatever may be the flag she displays.

ART. 2. It is forbidden in like manner to the owners, masters, or captains of merrhaut-vessels to accept letters of marque, or contribute in any way whatsoever to the armament or equipment of vessels of war or privateers.

ART. 3. It is forbidden to vessels of war or privateers with their prizes, to enter or to remain for more than twenty-four hours in the ports of the monarchy, except in case of stress of weather. Whenever this last shall occur, the authorities will keep watch over the vessel, and oblige her to go out to sea as soon as possible without permitting her to take in any stores except those strictly necessary for the moment, but in no case arms nor supplies for war. AKT. 4. Articles proceeding from prizes shall not be sold in the ports of the

ART. 5. The transportation under the Spanish flag of all articles of commerce is guaranteed, except when they are directed to blockaded ports. The transportation of effects of war is forbidden, as well as the carrying of papers or communications for belligerents. Transgressors shall be responsible for their acts, and shall have no right to the protection of my Government. Art. 6. It is forbidden to all Spaniards to enlist in the belligerent armies, or take

service on board of vessels of war or privateers. [11] 'Art. 7. My subjects will abstain from every act which, in violation of the laws of the kingdom, can bo considered as contrary to neutrality.

1 Appendix, vol. iii, p. 22.

monarchy.

ART. 8. Those who violate the foregoing provisions shall have no right to the protection of my Government, shall suffer the consequences of the measures which the belligerents may dictate, and shall be punished according to the laws of Spain.

SIGNED WITH THE ROYAL HAND. The Minister of State,

SATURNINO CALDERON COLLANTES.

The following public notifications were, previously to the 16th June, 1861, issued by the government of the King of the Netherlands: 1

[Translation.

THE HAGUE. In obedience to thio King's orders, the ministers for foreign affairs, of justice, and of the marine, present to the knowledge of all whom it may concern, that to guard against probable difficulties during the doubtful complications in the United States of North America, no privateers under any flag, or provided with any commission or letters of marque, or their prizes, shall be admitted into our haveus or sea-ports, unless in case of distress, and that requisite orders be issued that under any circumstances such privateers and their prizes be required to go to sea again as speedily as possible. The ministers above named.

| Translation.)

THE HAGU'E. The minister for foreign atiairs and the minister of justice, by the King's authority, warn, by these presents, all inhabitants of the kingdom, that during the existing disturbances in the United States of America they in nowise take part in privateering, because the Netherlands government has acceded to the declaration upon maritime rights set forth by the Paris conference of 1856, whereby, among other matters, privateering is abolished, and no recognition of commissions obtained for letters of marque is permitted. Also that commissions and letters of marque, in conflict with the afore. said prohibition, which may be issued to inhabitants of the Netherlands, cannot have legal effect in behalf of the King's subjects, or of any abroad who are in subjection to the laws of the kingdom. Those who, under such circumstances, engage in privateering or lend their aid in it to others, will be considered as pirates, and prosecuted according to law in the Netherlands, and subjected to the punishment provided for the commission of such offenses. The ministers above named.

[Translation.]

THE HAGUE, June, 1861. The minister for foreign affairs, apprised by a communication from the minister of marine that the King had authorized the naval force in the West Indies to be seasonably strengthened by His Majesty's steam-frigate Zealand and the screw-propellers Dyambi and Vesuvius, for the purpose of giving protection to the trade and navigation of the Netherlands during the contest which seems to be in existence in the United States of North America, wherever it may be desired, accordingly esteems it to be his duty to direct the attention of shipmasters, consignees, and freighters to the peril to which their insurance against loss will be exposed by any violation of the obligations imposed on peutral powers to respect actual blockades, and not to carry contraband of war, or dispatches of belligerents.

In these cases they will be subject to all the resulting losses that may follow, without the benefit of any protection or intervention on the part of His Majesty's government. Of which take notice.

The minister above named.

The government of the Emperor of Brazil issued the following circular, addressed to the presidents of provinces within the Brazilian Empire:

Circular to the presidents of prorinces.

[Translation.)

R10 DE JANEIRO, MINISTRY OF FOREIGN AFFAIRS,

August 1, 1861. ILLUSTRIOUS AND EXCELLENT SIR : The strife that has broken out between the Federal Government of the United States of North America and some of those States which have declared themselves constituted as a separate confederation, may produce Appendix, vol. iii, p. 27.

? Ibid., p. 24.

questions for our country, for the solution of which it is important that your excellency should be prepared ; and I have, therefore, received orders from His Majesty the Emperor to declare to your excellency that the imperial government considers that it ought to maintain itself in the most strict neutrality during the war in which those States are unhappily engaged ; and in order that neutrality may be preserved, it is fitting that the following determinations be observed :

The Confederate States have no recognized existence; but, having constituted a distinct government de facto, the imperial government cannot consider their naval armaments as acts of piracy, nor refuse them, with the necessary restrictions, the character of belligerents which they have assumed.

In conformity with this, Brazilian subjects are to abstain from all participation and aid in favor of one of the belligerents, and they must not take part in any acts which can be considered as hostile to one of the two parties, and contrary to the obligations of the neutrality.

The exportation of warlike articles from the ports of the empire for the new Confederate States is absolutely prohibited, whether it is intended to be done under the

Brazilian flag or that of another nation. [12] * The same trade in contraband of war must be forbidden to Brazilian ships,

although they may be destined for the ports subject to the government of the North American Union.

No ship with the flag of one of the belligerents, and which may be employed in this war, or intended for it, can be provisionell, equipped, or armed in the ports of the empire; the furnishing of victuals and naval provisions indispensable for the continnation of the voyage not being included in this prohibition.

No ship of war or cruiser shall be allowed to enter and remain with prizes in our ports or bays more than twenty-four hours, except in case of forced arrival, and they shall in no way be allowed to dispose of the said prizes, or of objects coming from them.

In the execution of these measures, and in the solution of the questions which may arise, your excellency will be guided by the principles of international law, keeping in mind the instructions issued by this ministry on the 18th of May, 1854, retaining the purport of the circular of the 30th of July, 1859, relative to the United States at strife with the Confederate States; and you will communicate to the imperial government any difficulties or extraordinary occurrences that require fresh instructions. I repeat, &c.

BENVENUTO AUGUSTO DE MAGALHAES TAQUES. To his Excellency the PRESIDENT of the Province of -Declarations, decrees, or notifications were likewise issued by other

maritime powers.

THE SUMTER.

Of the armed ships sent to sea by the Confederate States during the first year of the war, two only, the Sumter and Nashville, entered any port belonging to a European power. It is necessary to state briefly the circumstances which occurred in relation to these vessels.

The Sumter was a steam.ship which had been purchased by the navy department of the government of the Confederate States, was commissioned as a public ship of war in the service of those States, and was commanded by an officer who had previously held a commission in the Sary of the United States. It appears from the message of Mr. Jefferson Davis, dated 29th April, 1861, and hereinbefore referred to, that she had at that date been purchased and manned, and was being actively prepared for sea. She sailed from the Mississippi River on the 30th June, 1861, cruised for six months, and captured seventeen prizes.

In the course of this cruise she entered in the order herein named) ports within the dominions of the following sovereigns and States, namely, the Queen of Spain, the King of the

Netherlands, the republic of Venezuela, the Queen of Great Britain, the Emperor of Brazil, and the Emperor of the French. She obtained coal and supplies in the ports of Cienfuegos, Caracoa, Paramaribo, Trinidad, and Martinique successively.

At the time of her arrival at Cienfuegos she had with her six prizes, captured since her departure from New Orleans, and these she left

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