Evening star., 1898-04-15
RIGHTS OF NEUTRAL VESSELS
Statement by Collector Penfeld Of the State
Department.
Spain and the United States Have
Not Subscribed to the Declaration
of Paris of 1856.

Mr.. William l.. Penfield, solicitor of the
State Department, has issued a statement
in answer to general inquiries received at
the departments as to rights of American
citizens on the high seas in case of war
with Spain He summarizes these inquiries
into two general questions. viz:
Il Would American citizens be subject
to capture in a neutral vessel?"
- To what extent would American
goods be subject to capture on the high
seas?'
Solicitor Penfield answers these inquiries
as follows:
"A neutral vessel, not being in service of
belligerent. a transport may lawfully
carry both his diplomatic agents and his
private citizens. The seizure of such per-
sons is Illegal. This rule of international
law was merely illustrated and enforced
in the Trent affair."
when ship and its cargo are captured.
they are taken to the prize court of the
captor for trial and condemnation-for the
determination of the question whether the
ship and cargo. or either. is lawful prize.
All American ships, together with their
cargoes, II American, would be subject to
capture on the high seas. The more diff
o ncult question to determine is, whether
american goods, not cOntraband of war,
shipped in neutral bottoms, would be sub
Before the declaration of Paris, in 1856;
srch was the undoubted rule of inter-
national law. as generally practiced- The
second article of that declaration declares
that the Neutral flag covers enemy's goods
except contraband of war But the last
cause OF the declaration provides that the
present declaration shall not be binding
except between those powers who have
acceded to 1t, or who shall accede to it,
All Seacoast nations have acceded to IT
except Spain, the United States, Mexico
and possibly a few of the smaller Latin
American states.
THE precept that the neutral flag pro-
fects the goods is old. 1t was adopted in
our treaty with Spain Of 1795. 1t is favora-
Die to the commerce of neutral nations
and the growing spirit of commerce and the
growing favor of the rule with publicists
anu Statesmen are propitious to it's i'll
creased acceptance. 1t has been uniformly
practiced in all wars between great civil
!ized states stree the declaration was made
II was observed by both sides in our la
civil war; In the war between Prussia Italy
and Austria in 1866 in the Franco-German
1877.
In view of its observance for over forty
years. 1t may almost be regarded as an
accepted principle CT internatio law
Rivier goes far as to say that ii is .he
actual law of nations.
Treaties between the United States and
Spain stipulate that free ships shall also
give freedom to gocds,' but that it shall
United States should be at war With a
thru power, who acknowledges this prin-
ciple.
Able publicists maintain that neither
Spain. the United States nor Mexico, if
either OF them was at war with any pow-r
adheIing to the declaration, could INVOKE
the principle for the protection of their
goods in. neutral bottoms. for the reason
that those three nations have not acceded
TO the declaration
In view, however, OF the treaties of the
United States with Spain. which stipulate
for tae application of the principle if either
should be at war with third power who
acknoU hedges the principle, much could be
said in support of the view that those neu-
tral powers who have accepted the declar-
alton would have the option to apply the
principle in protection of goods of either
beliiSerent shipped in neutral bottoms
In a letter by Secretary Seward to Mr.
Dayton. minister to Paris, he said that
the United States has always practiced on
the principle of the declaration. 1t would
therefore be in strong position to invoke
the application of the principle although
1t has never acceded to the declaration
These views are merely personal and
are not to be taken as any Indication of the
course or policy which this government
would take should emergency arise