Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-05-23
The Right of OBSERVATION-DISCLOSURES OF 'he o"i'eo
DEPARTMENT OF STATE,
0OAl 7OEH

Concerning Maritime Law adopted by the Plenipo
tentaries of Great Britain, Austria France Prussia
Russia Sardinia and Turkey at Paris, on Ine loC4 VI
April, 1856, which the Count de sartiges, Envoy Ex
taordnary and Minister Penpotentiary OF France has
in behalf of the Emperor OF the FRENCH 10
the Government of the United States for the purpose OF
obtaining its adhesion to the principles therein contain
ed.
Nearly two years SINCE the President submitted, not
only to the Powers represented in the late Congress at
Paris but to all other maritime nations, the second and
third propositions contained in that decaratlon ana
asked their assent to them permanent principles OF
of international law The propost ops thus submitted
bv the President were:
That free ships make free goods-that is say that
the goods belonging to subjects or citizens OF
or State at war; are capture confscaton
when found board of neutral vessels with the exception
of articles cOntraband of war;.
vessel subject to cons caon unless the same be
contraband of war;.
It will be perceived that these propositions are sub
stanaly the the second and third IN the dec
laration of the Congress at Paris.
Four Of the governments with which negotiations
opened on the subject by the United States have sgn
fed their acceptance of the foregoing propositions
Others were inclined to defer acting them until the
return of peace should furnish suspicious time
for considering such international questions Tie po
ceedng of the Congress Of the Penpontiares at Paris
will as necessary consequence, defeat the pending ne
goatons with the United States, if the two following
propositions contained in protocol No. "a acceded
that the Tour principles snail De
and second that the powers which have signed may
accede to the declaration shall not enter into any
arrangement in regard to the application OF the right OF
neutrals in time of war which does not, at the same
time rest the four principles which the subject
of said decaration AS the indivisibity of the four
principles and the limitation the sovereign atrl-
butte of negotiating with other powers are not part
of the declaration any nation is at liberty to reject
either both, and to upon the declaration with
out restriction, accedng to it in whole or in part In
celebrating this important subject it behooves all
powers consider, and if they think proper to act
upon this distinction ALI the powers which may &C
cede to that declaration and the subsequent restrc
lions contained in the oath protocol, will OBJ
legation which takes from them the liberty OF asserting
to the propositions submitted to them by the United
States unless they at the time surrender prn-
ciple of maritime law which has never been contested
the right to employ privaeers in the time of
The second and third principles set forth in the de
caration," being those submitted to other maratime
powers for adoption by this Government it is most
ous to see Incorporated by general consent into the
code of maratime law and thus placed beyond future
controversy question. Such result, securing so
many advantages to the commerce OF neutral nations
might have been reasonably expected but for the pro-
ceedngs OF the congress at Paris, which require them
to be purchased by too costly sacrfcethe surrender
of right which may we'll be considered as essential
| the ret dom Of the
The fourth principle contained in the declaration,
namely Biockades, in order to be binding must be e-
ective that is to say, maintained by force sufficient
cent really to prevent access to the coast OF the enemy
can hardly be regarded falling within that class
with which it the object of Congress to interfere
for this rule has not for long time, been regarded as
uncertain or the of any deplOrabe disputes.
If there have been any disputes in regard to bockades
the uncertainty about the facts but not the law.
Those nations which have reSOrted to what appro
pratey denominated paper 5Iockades have rarely, i
ever undertaken to justify their conduct upon principle
but have generally admitted the legaty of the practice
and Unidentified the injured parties. What is TO be ad
judged force sufficient really to prevent access to
coast OF the enemy has often been severely contested
question and certainly the declaration which mere
/ y reiteraes a general uudsputed maxim of maratim
law does nothing towards relieving the subject of block
ade from that embarrassment What force is requisite
to constitute effective blockade, remains unsettled
| and as questionable it was before the congress a
| Paris adopted the - declaration"
i In regard to the right to employ prvateers, which
declared to be abolished by the first principle put or
in the declaration" there was, if possible less
tainy The rght to resort to privateers clear
the right to public armed ships and ncontestibi
as any other right appertaining to. bellgerents TIL
policy of that law has been occasionally questioned not
however, by the best authorities but the law Itself ha
been universally admitted, and most nations have no
hesitated to avail themselves of it it is as well sus
tanned by practice and public opinion as any other
!. be found in toe maritime code
Fl There is scarcely any rule of international law whic
particular nations IN their treaties have not OccasiOna
suspended modified in regard to its application
themselves Two treaties, only, can be found in whic
the contracting parties have agreed abstain from tn
employment OF prlvaeers IN case OF war between then
The first a treaty between the King of SWede
and the States General of the United Provinces, i
1873. Shortly after it concluded the parties wer
involved in war, and the stipulation concerning priva
teers was disregarded by both. The second was til
treaty of 1885, between the United States and til
King of Prussia When this treaty was renewed, i
1899 the clause STIMULATING not to prvateerin
omitted. For the last half century there has bee
no arrangements by treaty otherwise to abolish tn
right, until the recent proceedings of the PenpOtentis
res at Paris.
By taking the subject of privaeerng into consider;
ton that Congress has gone beyond Its protested OF
ect which was, declared to remove the uncer all
ty points OF maritime law, and thereby prevent di
erences of opinion between neutras and beligerent
and consequently, serious difficulties and even Conflicts
So far the principle in regard to privateerng is col
cerned the proceedings of the Congress are in the nj
ture of act of legislation, and seek to change we
o settled principle of international law.
The interest OF is deeply concerned in tt
o establishment o. the two principles which the Unite
States had submitted to all maritime powers and it
much to be regretted that the powers represented
the Congress at Paris fully approving Them should ha,
endangered their adoption by uniting them to another
admissible principle, and making the failure of all II
necessary consequence of the rejection of any one
three OF the four principles contained in the declar
tlon there would not probably be serious obiectiC
from any quarter, but to the other vigorous resistant
s. must have been anticipated.
d The policy of the law which allows resort to priv
eers has been questioned for which do not cor
mand the assent of this Government. Without ente
. ing into full discussion this point the undersignt
IT will confront the ordinary and chief objection to tn
policy, by an authority which will be regarded wi
profound respect particularly in France. In a COZ
mentary on the French ordinance of 1881, Vain says
However lawful and time honoured this mode Of wa
fare may be- is nevertheless dsapproved by
tended philosophers According to their notions such
not the in which the State the sovereign are to
whilst the profits which individuals may
the pursuit are illicit or at least disgraceul But this
language of bad citizens who under the stately mask
At spurious wisdom and OF crafty sensitive conscience
to msead the Judgment by conceament of the
tive which gave birth to their indifference for the wea
and advantage OF the State Such worthy of bam