The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-05-20
PRIvATEERING AND BLOCKADE.

| Deen mlsIeu Dy SO paIpaDle Typographical error,
we deem it prudent to correct it.
PRIVATEERING AND BLOCKADE.
As it may be interesting to many of our readers
to have recalled to their min ds the position which
was taken by the United States Government but
few years ago, we republish the Declarations
corning maritime law adopted by the Paris Con-
gress and submitted to the Administration at
Washington by the Count de Sartiges, together
with several extracts from the letter of Hon. VIM.
l.. Marcy, which, it will be remembered, gave great
satisfaction to the people at large, and was much
applauded for the able manner in which it had
maintained the principles of the Government:
ANNEX TO PROTOCOL NO. 23-DECLARATIoN.
(Extract.)
That the PlenpOtentiaries assembled in Congress
at Paris cannot better respond to the intentions BY
which their governments animated than by
seeking to introduce into international relations
| fixed principles in this respect.
The abOve-ment nned PenipOt ten taries being duly
authorized, resolved to concert among themselves
to the of attaining this object; and having
come to agreement, have adopted the following
solemn Declaration:
l. Prvateering is. and remains abolished;
2. The neutral flag covers enemys goods, with
the exception of contraband war;
3. Neutral goods, with the exception of contra
band of war, not liable to capture under enemys
4. Blockades in order to be binding. must be eff
fective that is to say, maintained by force sutii-
emr " ~ WV " WV 0-
EXTRACT FROM PROTOCOL No. 24-SITTING OF APRIL
16, 1856.
On the prop "sition of Count Waewski, and re-
s;n,an tho ind;viS;bi,i,v nf tSe fonr nrincin,aS
mentioned in the Declaration signed this dav the
plan;notan t;ar;os orrao tbot tho biob hall
;e' =; az harI s'
! "nnt braar.ar o,tar ;nto an. arranaToant u, i;
aad ~ tha anrlicat;n, nf tha yyibtS or nortais
| in time Of war. which does not at the same tms
rest on tbe four nrincpes which are the object of
the said Declaration.
tiaries of Russia the CONGRESS admits that as the
present resolution cannot have any retroactive
! effect it cannot inyalidate antecedent Conyen-
| tions
! DEPARTMENT OF ST.TE1
WAsH1NGTOy JuIv IS 1856
/ TIE Couuf de S1rtioes 6c Gc d.c
! The undersigned Secretary of State of the Uni
| ted States has laid. before the President "rhe
| Declaration concerning maritime law" adopted by
! the PIenipotentiaries OF Great Britain Austria
France Prussia Russia Sardinia and Turkey at
Paris on the 18th of ApriI 1856 which the Connt
de Sartiges. Envoy Extraordinary and Minister
| Parliamentary of France has presented in behalf
of the Emperor of the French to the government
of the United States, for the purpose ofobtaining
Nearly two wears since, the President submitted,
not only to the Powers represented in the late Con-
| gress st Paris bpt to ali other maritime nations
! .Declaration" and asked their assent to them on
permanent principles of internationa law The
propositions thus submitted by the President were:
| 81 That free ships make free poods-tbat is to
saw that the effects or goods belonging to subjects
! or citizens of a Power or State at war are free
! from capture and coDhscaton when found on board
of neutral vessels, with the exception of articles
| coptrabapd of war;
49, That the property of neutrals on board an
enemys vessel is not subject to confiscatiop unless
| the same be contraband of war;
II will he nerceived that these nropositions are
substantially the same as the second and third in
| the "Declarstion'' of the CONGRESS at Paris
The fourth principle contained in the ssDeclara-
| tion" namely :-'Bnck ades in order to be bind
ipr must be effective; that is to saw maintained
by a force sufficient really to prevent access to the
| coast of the enemv:'-cau hardly be regarded as
one falling within that class with which it was the
object of the Congress to interfere; for this rule
| has not for a long time been regarded as uncer-
tain. or the cause of sny "deporable disputes" If
there have been anv disputes, in regard to block.
AIDES the uncertainty was about the facts but not
the law. Those nations which have resorted to
blockades" -" have rarely if ever undertaken after
wards to Justify their conduct upon princple: but
have generally admitted the illegality of the prac
tica and indemnified the iniured nartias
Tn raoarI to tbe rigbt m em,1oy ,,r;rotsers
which Is declared to he abolished hv The fret ,1r;n
c;nIe nut forth in the "Declaration" there was if
nnssibIa loss nncartaintv The right to resort 70
p;tar, :; s oIaa oS ,bo n;uht - ~ 1T;
pnad sb;ns and as ;nonn+astbI o 80 fo,L
~ annartoinirr to haITHeron,s III Lie of
,ht Iar hos haon occosionaur orost;onad noo+
- ~ ~ ~ - 80. rthnit;y 49, st - ;.If .o
~ h 49,, D;o,saII adn;,tad ~ 80 n.;
as o a;I %nu ms r Ia "a =:
vail snstained by nrsrtica and nnblic oninion a.
- - .t - -. ~ eS ~ -; ~ - - p "a p "
Thora ia scorceIT anv rnIa nf ;ntarna,ional low
which narticuar nations in their treaties have not
occasionally snsnendad or modifed in regard IN its
annlication to themselves Two treaties only can
be found in which the contracting parties have
agreed to abstain from the employ of prvateers
tv hetween the KING of Sweden and the States Cen
eraI of the limited Provinces. in 1878. Shortly ac-
ter it was concluded the parties were involved in
war and the stipulatiOn concerning pryateers was
entirely disregarded by both. The second was the
treaty of 1885 between the United States and the
King of Prussia When this treaty was renewed
in 1899 the canse stinulatnp not te resort To nri
watering was omitted For the last half century
there has been no arrangement by treaty or other
Irsa IN ahnsb Tho r;,,ht until tho racant nroceed
80 80 of g ,ho pian;notanTiar;es Of por;s
s' X VIZ =
Tho in+orost of corrreros 10 doerIr o,noorned in
.ht;Sn. nv oF 49, 80 r;ar;1,S ,nb;nh ,h
re: Iue y, ISM Ia " h;t,5 | +. r III III po;,;n D. @
~ nd :. i; moh 70 ha re1retted tbat tba powers
rasanted in tbe Corrrass at paris fulIv onnrov
;ny them sbouid have endangered their adnntion
hy1 nn;ting them to another ;nadmissibIe princine
ond maxim the fainra of all the necessary consa
nnance of the rejection of apv one To three of the
fur principles contained in the "Declaraton, %
theretwould not probably be serious objection from
auv Quarter but to the other vigorous resistance
must have been anticipated. Il