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Chap. VI.

Note.

"Art. 6. It is forbidden to all Spaniards to enlist in the belligerent armies, or take service on board of vessels of war or privateers.

"Art. 7. My subjects will abstain from every act which, in violation of the laws of the kingdom, can be considered as contrary to neutrality.

"Art. 8. Those who violate the foregoing provisions shall have no right to the protection of my Government, shall suffer the consequences of the measures which the belligerents may dictate, and shall be punished according to the laws of Spain.

66 The Minister of State,

"SIGNED WITH THE ROYAL HAND.

"Saturnino Calderon Collantes."

(Translation.)

PORTUGAL.

"Palace of Necessidades, July 29, 1861. "It being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the Declaration of Paris of April 16, 1856, made by the Representatives of the Powers that signed the Treaty of Peace of the 30th of March of that year, to which Declaration my Government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased after hearing the Council of State, to decree as follows:

"Article 1. In all the ports and waters of this Kingdom, as well on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering.

"Art. 2. In the same ports and waters referred to in the preceding Article is, in like manner, prohibited the entrance of privateers and of the prizes made by privateers, or by armed vessels.

"The cases of overruling necessity (força maior), in which, according to the law of nations, hospitality is indispensable, are excepted from this regulation, without permission, however, being allowed, in any manner, for the sale of any objects proceeding from prizes.

"The Ministers and Secretaries of State in all the Departments will thus understand, and cause it to be executed.

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66

HAWAIIAN ISLANDS.

66

Kailua, August 26, 1861. Be it known to all whom it may concern that we, Kamehameha IV, King of the Hawaiian Islands, having been officially notified that hostilities are now unhappily pending between the Government of the United States and certain States thereof, styling themselves the Confederate States of America,' hereby proclaim our neutrality between the said contending parties.

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"That our neutrality is to be respected to the full extent of our jurisdiction, and that all captures and seizures made within the same are unlawful, and in violation of our rights as a Sovereign.

"And be it further known that we hereby strictly prohibit all our subjects, and all who reside or may be within our jurisdiction, from engaging either directly or indirectly in privateering against the shipping or commerce of either of the contending parties, or rendering any aid to such enterprises whatever; and all persons so offending will be liable to the penalties imposed by the laws of nations, as well as by the laws of said States, and they will in no wise obtain any protection from us as against any penal consequences which they may incur.

"Be it further known that no adjudication of prizes will be entertained within our jurisdiction, nor will the sale of goods or other property belonging to prizes be allowed.

"Be it further known that the rights of asylum are not extended to the privateers or their prizes of either of the contending parties, excepting only in cases of distress or of compulsory delay by stress of weather or dangers of the sea, or in such cases as may be regulated by Treaty stipulation.

Given at our marine residence of Kailua, this 26th day of August, A.D. 1861, and the seventh of our reign.

"By the King,

Chap. VI.

Note.

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"Ordinance of Senate against Privateering.

"The Senate finds it necessary, in regard to the events which have occurred in North America, to renew the regulations contained in its Ordinance of April 29, 1854, and accordingly makes the following notification for general observance :

"1. All subjects of the State of Bremen are forbidden under severe

Chap. VI. penalties, both from meddling in any way with privateering and from taking any part therein, either by fitting out privateers themselves, or contributing through others to the same.

Note.

2. The proper officers are ordered not on any account to allow the fitting out or provisioning of privateers, under whatever flag, or carrying any letters of marque, in any port of the Bremen territory, nor to admit into a Bremen port any such privateers, or the prizes made by them, except in cases of proved stress of weather at sea.

"Resolved at Bremen, in the Assembly of the Senate, on the 2nd, and published on the 4th of July, 1861.”

(Translation)

HAMBURG.

"Ordinance against Privateering.

"On the occasion of the events which have taken place in the United States of North America, the Senate reminds the public that, according to the notification of July 7, 1856, relative to the Declaration of the Congress of Paris on the application of maritime law in time of war, privateering is entirely abolished, and therefore it is prohibited to engage in any way in privateering, or to take part in it, either in fitting out privateers or by assisting others to do so. The proper orders have also been issued not to allow in Hamburg ports the fitting out or provisioning of privateers, under whatever flag, or furnished with whatever letters of marque, and not to admit into Hamburg ports or roadsteads any such privateers, with or without prizes, except in cases of proved stress of weather at sea.

"Given in the Assembly of the Senate, Hamburg, July 19, 1861."

It has been the usual practice of neutral Powers, at the commencement of a maritime war, to publish such Notifications as the above. An account of those issued in the war of 1854 will be found in Ortolan's Diplomatie de la Mer, vol. ii, Appendix viii, De Cussy's Phases et Causes Célèbres du Droit Maritime, vol. i, p. 211. The Proclamations of Neutrality issued by Great Britain in other wars, previous and subsequent, are given in the Appendix No. V to the Report of the Royal Commission on the Neutrality Laws, 1868, from which the foregoing documents are taken.

CHAPTER VII.

Complaints made by the American Government of the Proclamation of Neutrality.-Remonstrances of Mr. Adams; his Interviews with Earl Russell.-Ground taken by Mr. Seward.-Later Positions of the American Government.- Positions of the Government of Great Britain.-Observations.

MR. ADAMS, who had been appointed by President Lincoln to succeed Mr. Dallas as Envoy and Minister Plenipotentiary at the British Court, arrived at Liverpool on the 13th May, and proceeded on the same evening to London. He presented his credentials on the 16th, and on the 18th had an interview with Lord John Russell. His subsequent report of this interview to the American Secretary of State is extremely copious, and was evidently composed with care, and the views which he expressed on behalf of his Government may be most fairly stated in his own words. After referring to the observations which had fallen from Lord John Russell, in conversation with Mr. Dallas (respecting which he had been instructed to seek for explanations), he asked

"Whether it was the intention of Her Majesty's Ministers to adopt a policy which would have the effect to widen, if not to make irreparable, a breach which we believed yet to be entirely manageable by ourselves.

"At this point his Lordship replied by saying that there was no such intention. The clearest evidence of that was to be found in the assurance given by him to Mr. Dallas in the earlier part of the conversation referred to. With regard to the other portion, against which I understood him to intimate he had already heard from Lord Lyons that the

Chap. VII. President had taken exception, he could only say that he hardly saw his way to bind the Government to any specific course, when circumstances beyond their agency rendered it difficult to tell what might happen. Should the insurgent States ultimately succeed in establishing themselves in an independent position, of the probability of which he desired to express no opinion, he presumed, from the general course of the United States heretofore, that they did not mean to require of other countries to pledge themselves to go further than they had been in the habit of going themselves. He, therefore, by what he had said to Mr. Dallas, simply meant to say that they were not disposed in any way to interfere.

"To this I replied by begging leave to remark that, so far as my Government was concerned, any desire to interfere had never been imputed to Great Britain; but in her peculiar position(it was deserving of grave consideration whether great caution was not to be used in adopting any course that might, even in the most indirect way, have an effect to encourage the hopes of the disaffected in America.) It had now come to this, that without support from here, the people of the United States considered the termination of this difficulty as almost entirely a question of time. Any course adopted here that would materially change that calculation would inevitably raise the most unpleasant feelings among them. For independently of the absolute influence of Great Britain, admitted to be great, the effect of any supposed inclination on her part could not fail to be extensive among the other nations of Europe. It was my belief that the insurgent States could scarcely hope for sympathy on this side the Atlantic, if deprived of any prospect of it here. Hence, anything that looked like a manifestation of it would be regarded among us as inevitably tending to develope an ultimate separation in America; and, whether intended or not, the impression made would scarcely be effaced by time. It was in this view that I must be permitted to express the great regret I had felt on learning the decision to issue the Queen's Proclamation, which at once raised the insurgents to the level of a belligerent State, and still more the language used in regard to it by Her Majesty's Ministers in both Houses of Parliament before and since. Whatever might be the design, there could be no shadow of doubt that the effect of these events had been to encourage the friends of the disaffected here. The tone of the press and of private opinion indicated it strongly) I then alluded more especially to the brief report of the Lord Chancellor's speech or Thursday last, in which he had characterized the rebellious portion of my country as a belligerent State, and the war that was going on as justum bellum.

"To this his Lordship replied that he thought more stress was laid upon these events than they deserved. That fact was that a necessity seemed to exist to define the course of the Government in regard to the participation of the subjects of Great Britain in the impending conflict. To that end the legal questions involved had been referred to those officers most conversant with them, and their advice had been taken in shaping

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