The Sun.
London, England, 1864-03-19 00:00:00

THE DANO-GERMAN WAR.

(From the _London Gazette of last Evening.)
FOREIGN OFFICE, MARCH 17.
Earl Russell, K.G., her Majesty's Principal Secretary of
State for Foreign Affairs, has received the following de-
spatch from his Excellency Lord Bloomfield, G.C.8., her
Majesty's Ambassador at Vienna, forwarding a copy and
translation of the regulations issued by the Austrian Uo-
vernment, with regard to the capture and detention of
enemy's and suspected ships, in consequence of the hosti-
lities between Denmark and the German Powers :
Vienna, March 10, 1861.
My Lord,—l have the honour to enclose herewith, in
copy and translation, an Imperial Decree relative to the
stoppage, by Austrian men-of.war, of ships belonging to
the enemy or of a suspicious character.— I have, &c.,
BLOOMFIELD.

Right Hon. Earl Russell, K.G., &c.
(Translation.)
Order of the Departments of Foreign Affairs, Justice, Com-
merce, War, and Marine, of the 3d March, 1864, relative
to the capture of hostile and suspected vessels by Austrian
ships of war, in consequence of the hostilities ordered by
the Danish Government against Austrian and Prussian
merchant ships, and against the merchant ships of the
other German Federal States.
Sec. 1. The capture of hostile and suspected vessels, in
conformity with the first paragraph of the Declaration dated
at Paris, the 16th April, 1856, which prohibits privateerir g
(Reichegesetzblatt of the year 1856, No. 69), shall be made
by ships of the Imperial Navy exclusively, and the corn
menders of these ships are bound to capture the vessels
hereunder designated;—
a. Ships belonging to the hostile States or to the sub-
jects thereof.
b. Ships whose neutrality is not properly legalized (sec.
4) or which appear to be suspicious, according to the pro-
visions of this order.
Sec. 2. Ships belonging to neutral powers, or to the sub-
jects thereof to whomsoever the cargoes may belong, may
not be captured, provided that
a. The papers relative to the ship e.nd cargo be in order ;
b. The ship be no, laden with contraband of war intended
for the enemy, or
c. Be not otherwise subject to capture according to the
It °visions of the foregoing paragraph.
See. 3. No ship shall be detained or captured in neutral
waters.
Sec. 4. The neutrality of t. ship is proved by the papers
which are prescribed as necessary to legitimize its nationa-
lity by the laws of the country of the ship in question.
Sec. 5. The following aro be stopped as suspicious, and
o ptured for investigation .
a. Ships which have two sets of papers, or papers pro-
bably false;
b. Ships which have no papers, or which are ascertained
to have thrown them overboard, or otherwise destroyed their
papers, especially when this has taken place atter the cruiser
was in sight.
c. Ships which do not bring to when summoned by the
cruiser, or which resist the search into holds or lockers, in
which it may be presumed that contraband of war or papers
may be concealed.
Sec. 6. The following are to be regarded as good prizes :
a. Ships belonging to the hostile State or to hostile sub-
jects, as also enemies property on board such ships. Neut-
ral property on board enemies ships, which is not contra-
band of war, according to the fourth paragraph of the
abovementioned declaration, dated at Paris, the 16,1). April,
1856, cannot be regarded as good prize.
b. Neutral ships, the whole of whose cargo consists of
contraband of war (compare sees. 2 and 7). If only part of
the cargo be contraband the master of the ship may himself
avoid capture if he, of his own accord, discharges the con-
traband on the spot, or in the nearest port. After the land-
ing has been effected the ship may proceed with the re-
mainder of her cargo. The contraband of war is to be
regarded as good prize.
e. Ships which forcibly resist detention.
d. Austrian ships which have been taken by the enemy,
and retaken from them, unless these can be considered as
Reprize.
e. Ships captured as suspicious (sec. 5), when the sus-
picion to which they are es!bject is not cleared up.
Sec. 7. The following artici!,?s are declared to be contra-
band of sear, but only when they ,:re intended for enemies'
ports :—Cannons, mortars, swivel-guns, all sorts of wea-
pons, bombs, grenades, balls, percussion caps, slow match,
gunpowder, saltpetre, brimstone, cuirasses, articles of ar-
mour, saddles and bridles, and in general all articles which
can be applied immediately to the uses of war, with the ex-
ception of a supply required for the defence of the crew
and ship, and adequate for such purpose.
Sec. 8. On meeting a merchant ship which is not sailing
under convoy, the commander of the cruizer shall summon
the same, and require the master of the ship to come on
board with the ship's papers. If there be then no reason-
able objection he shall not prevent the ship from continuing
her voyage. Bat if the commander of the eruizer finds
grounds for reasonable suspicion of any illegal circumstance
or fraudulent proceeding, he is to send an officer to examine
more closely into circumstances. In this examination the
detaining party is not to open or break any closed rooms,
casks, chests, cupboards, closets, cases, or other receptacles,
nor shall he arbitrarily examine into the part of the cargo,
which lies loose in the ship. But if a suspicion exists as to
any concealed contraband of war, or compromising papers,
the examining officer shall cause the master to open the
suspected rooms or places of concealment. Any officer who
may offend against these provisions sb.ail incur responsibility
for the same.
Sec. 9. Neutral merchant ships, sailing undo' the convoy
of ships of war of a neutral power, are not liable to search.
In these cases it is sufficient that the chief of the convoy
should declare the papers of the convoyed ships to be in
order, and that they have no contraband on board.
Sec. 10. The captor on his own responsibilty, shall not
land, or sell, or exchange, or in way remove or cause to be
lost any part of the cargo of a captured ship. He is on the
contrary, in concert with the master or pilot of the captured
ship to place the whole cargo, so far as possible, under seat
and lock. The ship's papers are to be put by the captor
into an envelope, which shall be sealed with his official seal,
and with the seal of the captured ship. The ship shall
then,witu her cargo unopened (unless the master of the ship
consents to its being opened with a view to its pi eservation),
he taken to an Austrian port, or until it is possible to re-
move it to such a port, to the nearest place where the cap•
tured ship can be taken into military custody. The ship is
not to be taken to other places, unless tempest, weather,
want of provision, hostile pursuit, or other maritime exi-
gency shall make it necessary. Even in this case, the cap-
tor must, as soon as circumstances permit, take or send the
ship, with her cargo unbroken, to the nearest port where
there is a competent prize court.
Sec. 11. But when the cargo consists of merchandise
easily spoilt, or when the ship cannot continue her voyage
owing to damage, the captors shall be allowed, on their own
responsibility, or with the assent of the master, to take such
steps as may be most advantageous to the ship and cargo.
Sec. 12. As soon as the captor reaches an Austrian port
with the captured ship he is to report the same without delay
to the Prize Court appointed for investigating and adjudicat-
ing, in order that it may institute the proper proceedings to
exercise its functions. This announcement is to be made
in the same way if the captured ship is brought to another
port, where there is a competent prize court.
Sec. 13. The commander who shall act in contravention
of the above provisions made for the security of neutral
shipping, or who shall abuse hie power to the injury of the
same, shall be made responsible, and may in addition to
this, be called upon to make compensation for damage ille-
gally caused.
Sec. 14. The crew of a captured ship shall be maintained
and supported at the expense of the Imperial Treasury until
the final judgment be given in the nater. But if the ship-
master lodges an appeal against the sentence pronounced
in the first instance, he shall give due security f..r
the amount of the costs which he may be called upon to psy
in the event of the loss of his suit in a higher court.
Sec. 15. The crew of a captured and condemned ship is to
be given up to the local authority, and the hostile subjects
found among them are to be treated as prisoners of war
The subjects of friendly and neutral powers are to be given
over to their respective Consuls for further disposal,
Sec. 16. A copy of this Order shall always bo kept on
board every imperial cruiser.
RECRBERG 9f p• BURGER MAU. HEIN nip.
Ritter v. FRANCK in.p., F.N.L.
KALCUBERG so.p,
' For the Royal and Imperial Department of
Commerce,