The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-01
but non -committal. and nothing practical was

but non -committal. and nothing practical was
accomplished.
So the matter rested until the Treaty OF Paris
In 1856. following the Crimean war. when the
powers that had taken part in that war an
nexnd to the treaty tho famous Declaration
Of Paris by which they pledged themselves
to the following principles:
l. Privateering is and remains abolished.
. The neutral flag covers enemys goods,
with the exception Of contraband OF war
g. Neutral goods with the exception OF con.
traband Of war, are not liable to capture under
enemy's flag.
T. Blockades. in order to be binding. must be
effective.
Tho signatory powers agreed to invite all
other nations to become parties to this agree.
ment The invitation was communicated to
the United States by the French Minister. NJ.
Sartiges To this invitation Secretary Marcy
replied in n very able paper. stating the con-
dition upon which the United States would ao-
cede to the declaration:
1t is fair TO presume that tho strong desire to
amcliorate the severe usAges OF war by exempting
private property upon the ocean from hostile SELF
ure. to tho extent It is usually exempted on land,
was the chief inducement which led to the declara-
ton by the congress at Paris that "privatcering 10
and remains abolished" The undersigned Ia directed
bv the President to say that to this principle OF
empting private property upon the ocean we'll 40
upon the land applied without restriction he yields
a most ready and willing assent. II 1t be the object
of the declaration at Paris to give the security
from the Of war to the property of belger.
ent subjects tho ocean as is accorded to such
property upon tho land the congress at Paris has
fallen short OF the proposed result by not placing
individual effects Of begerents beyond the reach OF
public armed vessels as well as prtvateers II such
property Is to remain exposed to seizure by ships
belonging to the navy Of the adverse party It ia
tremely difioult to perceive why It should not In
like manner be exposed to seizure by privateers,
which in fact but another branch Of the public
force OF the nation commissioning them.
The President therefore proposes to add TO the
first proposition in the declaration OF tho congress 40
Paris the following wordsi And that the private
property OF the subjects or citizens of beligerent
on the high shall be exempt from seizure by
public armed vessels of the other belgerent e1-
cept II be contraband."
Thus amended, the Government OF the United
States will adopt It together with the three other
principles comprised in that declaration.
No decisive action was taken by the parties
interested on this subject up to 1851, when our
civil war broke out On April "a OF that year
Secretary Seward foreseeing the great injury
that might be inflicted on our commerce By
Confederate privateers. instructed our Minis
tiers to the great powers to open negotiations
with them looking to the adoption by the
United States OF the declaration OF Paris. In
against privateering. To accomplish this he
was willing to waive the condition exempting
private property from capture by public armed
vessels. demanded by Secretary Marcy.
When our Minister. Mr. Adams. presented this
proposition to the British Cabinet. Great Britain
! had recognized the Confederate States as bell
| ligerents Lord John Russell informed him.
That it would follow. logically and consistently,
from the attitude taken by her Majesty's Govern
| mi mt at he lad h.ip
acknowledged as bellgerent. might. by the law Of
nations. arm priyateers and that their privateero
must be regarded the armed vessels Of bell
| Ngerent
The French Government took the same posi-
| ton. and. in view Of this situation. Mr.. Seward
directed our Ministers to make no further COM
| munications on the subject.
In 1855 during the war between Prussia and
| Austria, the Governments OF both these ma
tons waived their rights to the capture Of mer-
chant vessels. And on the opening OF the war
| between Prussia and France in 1870 Count
Bismarck teleGraphed to the Prussian Minister
at Washington:
| Private property high will he exempted
from seizure by his Majestys ships. without regard
| TO reciprocity.
When notified OF this. Secretary Fish wrote
| tho Prussian Minister:
| Tho Government Of tho United States receives
| with great pleasure the renewed adherence OF Q
| great and enlightened German Government to the
principle temporarily established by the treaty Of
1885. and since then advocated by this Government
| whenever opportunity has offered. This gives
son to hope that the Government and the people OF
the United States may be gratihed by seeing 10
| universally recognized as another restraining and
| harnonizing influence imposed by modern civilzR-
| ton upon the art OF war.
From this resume it will be seen that Prussia.
| Russia France and Austria have at various
times declared their appreciation OF the Ameri-
can doctrine as to the immunity OF private
| property on the high seas in time Of war.
| When our Com missioners ask for it's adoption
| by The Hague Conference they will be able to
enforce their arguments by the greatest names
| OF modern Europe. 1t would be hard to find
| higher authorities on war and statecraft than
| Frederick the Great. Nesselrode. Napoleon and
| Bismarck. J. S. TUCKER.
| WASHINGTON. May 80.