PUBLIC DOCUMENTS. 



709 



In the Presides ' > on Decem- 



ber 7, 1863, be pointed out that this concession of 

 belligerent rights in favor of neutrals had been made 

 by the Confederacy in return for an obligation enter- 

 ed into by Great Britain and France, that they would 

 comply with the rule of international law, on the sub- 

 ject of blockades also laid down in the declaration 

 of Paris that both these Powers had failed to fulfil 

 their promise, and that the Confederacy was thereby 

 released from its obligations toward them. But the 

 1'resident, at the same time, declared that the prin- 

 ciples established by the Paris Convention were 

 "more just, more humane, more consonant with 

 modern civilization than those belligerent pretensions 

 which great naval Powers have hitherto sought to 

 introduce into the maritime code." He announced, 

 that it was the policy of this Government to forego 

 its right to retract the assent previously given to this 

 rule of maritime law. 



The cruisers of the Confederacr will, therefore, 

 allow vessels of neutrals to pass free, unless laden 

 with contraband of war destined for the enemy's 

 ports. When such vessels are found to be laden 

 with goods contraband of war, the contraband goods, 

 if not the property of the owner of the vessel, are to 

 be taken out, if practicable, and transshipped or de- 

 stroyed, and she is to be allowed to continue her 

 voyage. But if the owner of the vessel has put on 

 board contraband goods belonging to himself, des- 

 tined for the enemy's country, he thereby forfeits 

 the neutral character, and the "ship is to be consider- 

 ed an enemy's vessel, and to be dealt with as such. 

 Xo conflict with neutral Powers on this subject is to 

 be apprehended, as they have with entire unanimity 

 issued proclamations forbidding their subjects during 

 the present war from engaging in contraband trade, 

 under penalty of forfeiture of national protection. 



D. A vessel ostensibly neutral, but really hostile, 

 fraudulently placed under neutral flag, and 'furnished 

 with fraudulent papers to protect her from capture : 



Whenever, upon the seizure of such a vessel, she 

 is admitted by those in command to belong to the 

 enemy, and her neutral flag and papers are admitted 

 to be a mere cover, there can be no difficulty in deal- 

 ing with such a vessel as though sailing under an 

 enemy's flasr. 



The embarrassment in actual practice may be 

 considered as occurring almost exclusively in cases 

 where an enemy's vessel has been since the com- 

 mencement of the present war transferred to neutrals. 

 The law of nations on the subject of the ricrht of a 

 belligerent to make legal sale to neutrals jlagrante 

 - not settled by universal concurrence. Great 

 Britain and the United States maintain the validity 

 of such sales when bonv fid*, while France and Rus- 

 sia, and perhaps other European Continental Powers, 

 hold that belligerent vessels sold to a neutral sub- 

 sequent to the declaration of war are good prizes to 

 the other belligerent, although bearing the neutral 

 flag. The rule established in the United States was 

 adopted prior to the secession of the Confederate 

 States, and may be assumed to be binding on us un- 

 til otherwise established by Congress. 



Our cruisers ought, therefore, to be instructed that 

 where a vessel of the United States has been sold in 

 good faith to a neutral since the commencement of 

 the war, and where the title is so absolutely trans- 

 ferred as to divest the enemy of any future interest 

 in the vessel, she is free from capture. If, however, 

 any enemy's interest in the vessel remain, if she be 

 mortgaged or hypothecated to the enemy, she is as 

 much liable to be dealt with as a hostile vessel as 

 though no transfer to the neutral had been made. 



Appended hereto is a list of the enemy's vessels 

 transferred to neutrals since the beginning of the 

 war, and known to be mortgaged to the enemy by 

 the ostensible neutral owners. These and all othe'r 

 vessels in like condition are liable to capture by our 

 cruisers as good prizes of war. 



It frequently occurs, however, that a belligerent 



makes simulated - -\ ihe 



view of protecting them I'l . . . ; ,n<l, under 



ordinary circumstances, when the other belligerent 

 has reason to suspect the good faith of ; 

 the suspected vo.--el is brought iuto Court, for adju- 

 dication by the Admiralty. 



This course is now not'open to our cruisers for the 

 reasons above explained, and the only instructions, 

 therefore, practically applicable, under the circum- 

 stances, are the following : 



The captor should in every case make rigid exami- 

 nation of the papers and documents of every vessel 

 sailing under a neutral flag known to have belonged 

 to the enemy at the commencement of the war. 



He should take into consideration the nature of the 

 trade in which the vessel is engaged, the national 

 character of the master, the papers found on board, 

 the place at which the alleged sale to the neutral 

 took effect by delivery of the vessel, and every other 

 circumstance tending" to establish the true nature of 

 the transfer, and to satisfy his mind whether the ves- 

 sel be really neutral or merely disguised as such. 



If the captured vessel has double sets of papers, or 

 if papers have been destroyed, or subducted by her 

 master during the chase, or if she has continued in 

 the same course of trade, and under the same master 

 since the alleged sale to the neutral, it may be safely 

 concluded that the property is still hostile and cover- 

 ed by fraudulent use ot neutral flag. 



In these and all other cases, when there is great 

 and decided preponderance of evidence to show'that 

 the vessel is really enemy's property, the cruiser 

 must act on his conviction and treat her as such, 

 leaving to his Government the responsibility of satis- 

 fying any neutral claim for her value. 



But whenever the evidence leaves serious doubt as 

 to the true character of the transfer, it will be proper 

 rather to dismiss the vessel if she cannot be brought 

 into port, than to exercise a harsh and doubtful 

 belligerent right. 



There is reason to hope, however, that most of the 

 embarrassment existing on this branch of the subject 

 will soon be ended by a modification of the orders of 

 the British Government, which will permit justice to 

 be done to its own subjects. The attempt to cover 

 the enemy's vessels from capture by the fraudulent 

 use of neutral papers has been made almost exclu- 

 sively by collusion between the enemy and British 

 subjects. This has gone to such an extent that such 

 vessels are familiarly termed by British naval officers 

 " whitewashed." "in the report by Commander 

 Wood of his interview with Vice-Admiral Hope, in 

 the harbour of Halifax, we are informed that the 

 British officer inquired what were the instructions in 

 the case of vessels which had recently changed flags, 

 or were "whitewashed;" that Commander Wood 

 answered that, " unless the papers were clearly fraud- 

 ulent, he would let the vessel go ; " that Vice-Admi- 

 ral Hope then inquired if Commander Wood had 

 seen his communication to Captain Morris, of the 

 Florida, and said that "his Government required that 

 in all such cases the vessel should be brought into 

 an English port to have the case decided on or adju- 

 dicated." Commander Wood is not certaih whether 

 the word "decided" or "adjudicated" was used. 



If the British Government has, in the interest of its 

 own subjects, become sensible of the impropriety and 

 impolicy of shutting its ports to the introduction of 

 prizes made by our vessels in all cases in which British 

 claimants assert title to vessel or cargo, the instruc- 

 tion will be given to our cruisers to take into British 

 ports all such vessels, there to remain until our Ad- 

 miralty Courts have exercised their rightful exclusive 

 jurisdiction over the prize questions involved in such 

 captures. We have, for the present, no' further in- 

 formation on this subject than the loose conversation 

 above referred to, and this cannot be made the basis 

 of action by our cruisers. I have the honor to be, 

 Sir, very respectfully, your obedient servant. 



J. P. BENJAMIN, Secretary of Statn. 



