Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-07-31

In view OF the TACT that the hrSt effort
to put an end to privateering was
made by the United States and Prus-
STA, in conjunction, in our treaty with
that power, of 1855, whereby the par
ties agreed not to grant commissions
to private armed vessels, as against
one another. That idea, therefore, is
ours. 1t was the conception of DIR.
Franklin. Moreover, we received
this proposition in 1898 in correspond
ence with Great Britain, France and
Russia. In addition to this, during
the long period of almost universal
European war which followed the
French Revolution, we labOred inees-
sanity, especially in correspondence
with Great Britain and France, to Sc
cure the exemption of neutral pro-
perry from capture, even under an
enemy's flag; the security of neutral
flags for everything which.it covered
and the adjustment of non-effective,
or as the CO Ivenient phrase was,
"paper blOckades." In fact, the con-
clusions of the conference at Paris on
all these points, was but, so far forth,
the adoption of the time-hOnored
policy of the United States courts.
Liz SuCCCSo vi llC COliCIClCCC dI
Paris was largely due to the exertiOns
of NJ. Drouyn de LHuys, then For
eign Minister of France; and the ne
gOtiations on the subject were zeal
Ously pursued by his successor, Mr..
Walenski.
Accordingly under instructions from
his government, the then Envoy Of
France in the United States, Count de
Sartuges, entered into correspondence
on the subject with Mr.. Marcy, then
Secretary of State.
Indeed, Mr.. Marcy was already in
correspondence with England and
France ON this point, and had an
nOunced the determination of the
United States, which was that this
government would accept all the con-
clusions of the conference, with n
modification, and otherwise not. The
United States would stipulate to abOl-
ish the capture of all private property
on the sea, whether by privateers or
by men-of-war. But if private prop
erty was to be continued capturable in
any way, we could not agree to give
up the cruising by letters of marque.
Fer to do this would in time of wal
place us on a footing of inequality
with great European powers, and es-
pecially as respects Great Britain,
whose enormous military marine
would enable her to dispense with let
tiers of LIarque, while Our policy of
small ornaments in time of peace
made it more important to US that if
private property were to be capturable
at all, we should continue to avail our
selves of letters of marque by means
of which only, at least in the early
periods of war, we could damage the
merchant marine of Great Britain as
much as she could damage the mer-
chant marine of the United States.
These negotiations, commenced IN
der the administration of President
Pierce, were continued under Presi-
dents Buchanan, Lincoln and John
son, and, indeed, are at the present
time one of the numerous important
questions pending between the United
States and Great Britain.
Two incidental points struck your
correspondents attention while MI.
Cushing so clearly calculated the
condition of these important matters.
They were the refusal OF Great Brit
ain to the solemn ratification of the
Paris propositions by treaty stipula-
tions, urged by Belgium especially;
and the same Powers d~eclinatiOn of
the proposal to abolish privateering.
The first point proved that, in case of
advantages to be gained, there would
be little scruple man fested about viO-
lating the principles of the confer
ence. AS to the second, the United
States by adhering to her rightto issue
letters of marque, unless neutral
flags protected all neutral goods, adj
hered not only to an obvious defen-
sive necessity, but was, in that re-
speet, the champion of all the weaker
maritime nations, as against the
enormous military marines of the
great Powers of Europe.
The next portion of the conversa-
ton related to the present circum-
stances relating to maritime trade,
and what would probably be the regu-
lations applied by the belligerents to
neutrals. The question was then
asked:
al perceive that a late telegram in
Inmates that the Emperor of the
French proposes to place the COM
merce of the United States, in the
present war, under the operation of
the declaration of 1854. What is that
declaratiOn?'
Mr.. Cushing-At the commence
ment of the war between France, Eng
land and Turkey on the one hand,
and Russia on the other, the then
French Minister on Foreign Affairs,
Mr.. Drouyn de PHuys, with enlight-
ened foresight and in sequel with the
liberal ideas which had in other times
animated France in this respect, es-
pecially in her controversies with
Great Britain, entered into negOtia-
tions with England for the purpose of
diminishing the evils of maritime
belligerency, and placing neutral COM
merce on a footing of justice and
reason. Finally, impelled to action
in this matter by official notification
of neutrality on the part of Sweden
and Norway, France, on the 30th of
March, 1854, issued a declaration to
the following effect:
"His Majesty, the Emperor of the
French, constrained to take arms in
defense of an ally, desires that the eff
fects of the war shall burden as little
as possible the powers with which he
remains at peace;
"In order to free the commerce of
neutrals from all unnecessary Obstrue-
ton, consents for the present to re-
nounee q part of the faculties which
belong to him as a belligerent power,
in virtue of the law of nations.
at is not possible for His Majesty
to renounce the capture of articles con-
traband of war, or the prevention of
the transportation of enemy's dis
patches by neutrals; it being his duty
also to maintain opposition to the viO-
lation of an actual blockade, sustained
by sufficient forces, of the forts, roads
and coasts of the enemy.
"The ships of His Majesty will not
capture enemy property on board a
neutral vessel, unless such property
has the aforementioned character.
"His Majesty does not intend TO eX-
ercise the right to confiscate neutral
property on board enemy vessels,
with the exception of the above-men-
toned contraband of war.
"His Majesty further declares that,
moved by the desire, to diminish the
evils of war by combining the opera
tons thereof to these regularly organ
lied forces of the State, has no inten-
ton at the present moment to issue
letters of marque authorizing the
armament of privateers."
This proclamation was fully trans
lated by Mr.. Cushing as the CONVERSE
ton proceeded, and he then COM