The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-21

the 9th of August, 1855. Here, also, the rights OF
a neutral HaS are protected by the following ar
ticle:--
"H one of the contracting parties should be en-
gagged in with another Power, the nee mters
course and commerce Of the subjects or citizens OF
the party remaining reutral with the belligerent
Powers shall not be Interrupted. On the contrary,
in that case in full peace the vessels OF the neu
tal party may navigate freely 70 ana rom ihe
ports and on the coasts of the bellgerent parties,
free vessels making free goods, insomuch that all
things shall be adjudged free which shall be on
board any vessel belonging to the neutral party,
although such things belong to an enemy OF the
other; and the same freedom shall be extended to
persons who shall be ON board free vessel, al
though they should be enemies to the other party,
unless they be soldiers in actual service OF such
enemy
This article, it will be seen, embodes the doc
trine for which this country has been and is con-
tending, that free ships, free goods, should be
interpreted in the fullest sense; that the neu-
trail flag should protect the merchandise OF friend
and enemy alike that the bulwarks OF an
American ship are like the frontiers OF American
territory, beyond which no foreign Power should
be permitted to pass for the purpose OF selzihg the
property of an enemy The exigencieS OF the
different belligerent nations. however, ana inc CIR
| cumstances which affected their interests IN the
| several wars which have occurred since that doc
| trine was first enuncated by rs, nave prevented
its realization in practice, with other fowers. III
of the United States in consequence OF Its viola
ton nv other nations that when the treaty win
Prussia of 1855 expired by limitation IN 1875,
John Quincy Adams, who was then at Berlin, re-
ceved instructions from this government not to seek
for n renewal ofthe article, free ships free goods
in the new treaty of commerce and navigation he
was about to make with Prussia. long and com
plicated conference therefore ensued between the
negotiating parties, several propositions coming
from both sides. Among the rest, MIR. Adams offered
to accept an article providing that neutral proper
~ in enemys vessels should be free, but that ene-
mys property in neutral vessels was liable TO cap
ture. Possibly he made this proposal without any
expectation that it would be accepted. Certain it
is that the negotiators did not agree upon the point
and after several propositions and counter PROPOSE
tons the following amended article was adopted
Experience having found that the principle adopt
ed in the twelfth article of the treaty of 1885,
according to which free ships make free goods, has
not been sufficiently respected during the last two
wars, and especially in that which still continues,
the two contracting parties propose after the re-
turn OF general peace, to agree either separately
between themselves, or jointly with other Powers
alike interested to concert with the great maritime
Powers of Europe such arrangements and such
permanent principles as may serve to consolidate
the liberty and the safety of neutral navigation
and commerce in future wars. And if in the in
terval either Of the contracting parties should be
engaged in war to which the other should remain
neutral the shipsofwar and privateers of the bel
ligerent Power shall conduct themselves towards
the merchant vessels of the neutral Power IA
permit, observing the principles and rules of the
law of nations generally acknowledged"
At a subsequent period-namely, in ls2s-the
principle of the twelfth article of the treaty of 1885
was revived, with the addition of clause agreeing
to establish further provisions on the subject at some
future period Our relations with Prussia, in this
respect, stand as above up to the present time.
ARMED NEUTRALITY OF 1850.
The views held by England with reference to
the rights of neutrals and the right Of search had
been repeatedly objectedto, and had been the SUBJ
ject of remonstrance by other Powers, such as
Prussia in l740 and the Netherlands in 1922 yet it
was not until the year 1850 Just towards the close
of the American Revolutionary War, whom England
was harassed by the fleets of France and Spain,
that the Northern or Baltic powers of Europe took
a resolute stand against the practical operations
of those doctrines. In that year Russia, Den
mark and Sweden formed the celebrated
confederacy known as the armed neutrality.
They entered into treaty which declared
that free ships make free GOODS that the flag
covers the merchandise; and that blockaded port
s. to be understood only when such force is sta
toned at it's entrance renders it dangerous TO en-
ter.
This cOnfederacy, attacking the darling doctrine
of England, created some alarm in the latter coun.
try; but being then grievously embarrassed with
many enemies, the Cabinet of his Majesty had no
alternative but to content themselves with entering
a protest against the declarations which struck
formidable blow at the claims and Dretensions OF
England upon the seas. Russia, Denmark, Sweden,
Holland, Prussia, Austria, Portugal, Naples France
and Spain all joined the armed neutrality. The
confederacy was first proposed by the Empress Ca
Uterine of Russia TO the other maritime Powers,
and we believe the idea was suggested to her by
BENJAMIN Franklin, who was then at the Court OF
Versailles, as bold plan to weaken the power of
England.
Unfortunately, it happened that the Northern
Powers Gid not always adhere to the principles they
had proclaimed, in their own cases. Thus Cathe
rne herself, in 1893 inspired with lively hatred
of the French republic, abandoned the armed neu-
trality, and made a treaty with England on the
very opposite principles, and urged similar course
successfully upon Denmark. In $500 the Emperor
Paul of Russia revived the principles of the armed
neutrality, and was joined by Sweden and Denmark,
Prussia subsequently coming into the confederacy
Paul at the same time issued ukase, in which
he directed that all the English effects seized
in his States either by the sequestration OF goods
on land or the embargo on goods afloat, should be
sold, and their product divided among all Russians
having claims on English subjects. He also de-
clared by proclamation that, having been disap-
pointed in his expectations of the protection Of
commerce by the perfidious enterprises of great
Power England) which had sought to enchain the
liberties Of the seas, the independence of the
Northern Powers appeared to him to be openly
menaced; he consequently considered it measure
ofnecessity to have recourse to an armed neutrality
the success Of which was acknowledged in the
time of the American war. The treaty was signed
by Russia, Denmark and Sweden on the 10th of
December, 1900, and Prussia acceded to its terms
the 10th. The principles of the confederacy
were the same as those of the armed neu
tralty of 1880, with more minute specification
of what should be deemed contrablpd of war;
1t was stipulated that the effects which belong to
the subjects of belgerent Powers in neutral ships
with the exception Of contraband goods, shall be
free; that no harber shall be deemed blockaded
unless the disposition Of the Power by which it is
invested shall be such as to render it apparently
hazardous to enter; that the declaration of the
captains of ships Of war having convoy that the
convoy has no contraband goods shall be deemed
sufficient that the contracting parties if dsquet-
ed or attacked for this convention, shall make
common cause to defend each other, and that
these principles shall apply to every maritime war
by which Europe may be disquieted.
England, being at that period not so much en-
barrassed as in l7s0, took active steps to compel