DIPLOMATIC CORRESPONDENCE. 



259 



2. The neutral flag covers enemy's goods, with the 

 exception of contraband of war. 



3. Neutral poods, with the exception of contraband 

 of war, are not liable to capture under enemy's flag. 



4 Blockades, in order to be binding, must be effect- 

 ive ; that is to say, maintained by forces sufficient 

 really to prevent access to the coast of the enemy. 



Tile agreement pltedged the parties constituting the 

 bring the declaration thus made to the 

 knowledge of the States which had not been repre- 

 sented in that body, and to invite them to accede to it. 

 The congress, however, at the same time insisted, in 

 the tirst place, that the declaration should be binding 

 onlv on the powers who were or should become parties 

 to it as one whole and indivisible compact ; and, sec- 

 ondly, that the parties who had agreed, and those who 

 should afterwards accede to it, should, after the adop- 

 tion of the same, enter into no arrangement on the 

 application of maritime law in time of war without 

 stipulating for a strict observance of the four points 

 resolved by the declaration. 



The declaration, which I have thus substantially re- 

 cited, of course prevented all the powers which became 

 parties to it from accepting the two propositions which 

 had been before submitted to the maritime nations by 

 the President of the United States. 



The declaration was, in due time, submitted by the 

 Governments represented in the congress at Paris to 

 the Government of the United States. 



The President, about the 14th of July, 1856, made 

 known to the States concerned his unwillingness to 

 accede to the declaration. In making that announce- 

 ment on behalf of this Government, my predecessor, 

 Mr. Marcy, called the attention of those States to the 

 following points, namely : 



1st. That the second and third propositions, con- 

 tained in the Paris declaration, are substantially the 

 same with the two propositions which had before been 

 submitted to the maritime States by the President 



2d. That the Paris declaration, with the conditions 

 annexed, was inadmissible by the United States in 

 three respects, namely : 1st. That the Government of 

 the United States could not give its assent to the first 

 proposition contained in the declaration, namely, that 

 " Privateering is and remains abolished," although it 

 was willing to accept it with an amendment which 

 should exempt the private property of individuals, 

 though belonging to belligerent States, from seizure 

 or confiscation by national vessels in- maritime war. 

 2d. That for this reason the stipulation annexed to the 

 declaration, viz. : that the propositions must be taken 

 altogether or rejected altogether, without modification, 

 could not be allowed. 3d. That the fourth condition 

 annexed to the declaration, which provided that the 

 parties acceding to it should enter into no negotiation 

 for any modifications of the law of maritime war with 

 nations which should not contain the four points con- 

 tained in the Paris declaration, seemed inconsistent 

 with a proper regard to the national sovereignty of 

 the United'States. 



On the 29th of July, 1858, Mr. Mason, then minister 

 of the United States at Paris, was instructed by the 

 President to propose to the Government of France to 

 enter into an arrangement for its adherence, with the 

 'Jnited States, to the four principles of the declaration 

 f the Congress of Paris, provided the first of them 

 tiould be amended as specified in Mr. Marcy's note to 

 be Count de Sartiges on the 28th of July, 1S56. Mr. 

 lason accordingly brought the subject to the notice 

 f the imperial Government of France, which was dis- 

 to entertain the matter favorably, but which 

 tailed to communicate its decision on the subject to 

 him. Similar instructions regarding the matter were 

 addressed by this department to Mr. Dallas, our min- 

 ister at London, on the 31st day of January, 1857 ; but 

 the proposition above referred to had not been directly 

 presented to the British Government by him when the 

 administration of this Government by Franklin Pierce, 

 Baring whose term these proceedings occurred, came 

 to an end on the 3d of March, 1857, and was succeeded 



by that of James Buchanan, who directed the negoti- 

 ations to be arrested for the purpose of enabling Tiim 

 to examine the questions involved, and they have ever 

 since remained in that state of suspension. 



The President of the United States has now taken 

 the subject into consideration, and he is prepared to 

 communicate his views upon it, with a disposition to 

 bring the negotiation to a speedy and satisfactory con- 

 clusion. 



For that purpose you are hereby instructed to seek 

 an early opportunity to call the attention of her Maj- 

 esty's Government to the subject, and to ascertain 

 whether it is disposed to enter into negotiations for 

 the accession of the Government of the United States 

 to the declaration of the Paris congress, with the con- 

 ditions annexed by that body to the same ; and if you 

 shall find that Government so disposed, you will then 

 enter into a convention to that effect, substantially in 

 the form of a project for that purpose herewith trans- 

 mitted to you ; the convention to take effect from the 

 time when the due ratifications of the same shall have 

 been exchanged. It is presumed that you will need 

 no special explanation of the sentiments of the Presi- 

 dent on this subject for the purpose of conducting the 

 necessary conferences with the Government to which 

 you are "accredited. Its assent is expected on the 

 ground that the proposition is accepted at its sugges- 

 tion, and in the form it has preferred. For your own 

 information it will be sufficient to say that the Presi- 

 dent adheres to the opinion expressed by my prede- 

 cessor, Mr. Marcy, that it would be eminently desirable 

 for the good of all nations that the property and effects 

 of private individuals, not contraband, should be ex- 

 empt from seizure and confiscation by national vessels 

 in maritime war. If the time and circumstances were 

 propitious to a prosecution of the negotiation with that 

 object in view, he would direct that it should be as- 

 siduously pursued. But the right season seems to 

 have passed, at least for the present. Europe seems 

 once more on the verge of quite general wars. On 

 the other hand, a portion of the American people have 

 raised the standard of insurrection, and proclaimed a 



Erovisional government, and, through their organs, 

 ave taken me bad resolution to invite privateers to 

 prey upon the peaceful commerce of the United States. 

 Prudence and humanity combine in persuading the 

 President, under the circumstances, that it is wise to 

 secure the lesser good offered by the Paris congress, 

 without waiting indefinitely in hope to obtain the 

 greater one offered to the maritime nations by the 

 President of the United States. 

 I am, sir, respectfully, your obedient servant, 



WILLIAM H. SEWAKD. 

 CHARLES FRANCIS ADAMS, Esq., &c., &c. 



Convention -upon the subject of the rights of belligerents 

 and neutrals in time of war, between the 'United States 

 of America, and her Majesty the Queen of Great Bri- 

 tain, and Ireland. 



The United States of America and her Majesty the 

 Queen of Great Britain and Ireland, being equally ani- 

 mated by a desire to define with more precision the 

 rights of belligerents and neutrals in time of war, have, 

 for that purpose, conferred full powers, the President 

 of the United States upon Charles F. Adams, accred- 

 ited as their envoy extraordinary and minister pleni- 

 potentiary to her said Majesty, and her Majesty the 

 Queen of Great Britain and Ireland, upon 



And the said plenipotentiaries, after having ex- 

 changed their full powers, have concluded the follow- 

 ing articles : 



ARTICLE I. 1. Privateering is and remains abolished. 

 2. The neutral flag covers enemy's goods, with the ex- 

 ception of contraband of war. 3. ^Neutral goods, with 

 the exception of contraband of war, are not liable to 

 capture under enemy's flag. 4. Blockades, in order to 

 be binding, must be effective ; that is to say, main- 

 tained by a force sufficient really to prevent access to 

 the coast of the enemy. 



ARTICLE II. The present convention shall be ratified 



