fulfill the expectations of this government. It claims the principle as belonging to the international code and wishes to have it recognized by all nations and observed in all future wars. In the efforts of the United States to accomplish this object they hope for the powerful coöperation of the Emperor of Russia. The United States have heretofore contended for the relaxation of other severe rules enforced by belligerents contrary to the law of nations against neutral commerce. They have asserted the right of Neutrals to carry on the coasting and colonial trade of a belligerent which has opened to them this trade even after the commencement of hostilities. How far such a right, if now claimed by neutrals, would be resisted by the belligerents in the war now apprehended is not known. Upon this subject the Undersigned does not propose to enlarge at this time, and perhaps there may be no occasion to define the extent of neutral rights in this respect. Should the Emperor of Russia open the coasting trade in his dominions to ships of all nations not at war with him, a grave question would then arise as to the right of his enemies to interfere with neutrals in carrying it on at Russian ports not actually besieged or blockaded. To neutral nations and especially to the United States as the principal among them, the views of Russia on the subjects above alluded to will be most desirable and important information in the event of a war in which Great Britain & France shall be involved. The United States while disposed to respect the acknowledged rights of belligerents will assert the rights of neutrals and resist all encroachments upon them. The Undersigned avails himself [etc.] W. L. MARCY 102 The Secretary of State (Marcy) to the Minister in Russia (Seymour)1 WASHINGTON, April 14, 1854. SIR: The last advices from Europe do not allow us to indulge a hope that Great Britain and France have not become involved with Turkey in a war with Russia. It is of the greatest importance to the United States to maintain existing friendly relations with each of the belligerents. As a nation we are so situated as to have no temptation to take a part in the war or in any way to compromit our neutrality. We are not exposed to a contact with any parties to the war, unless our neutral rights should be invaded as they were in the wars which resulted from the French revolution. 'MS., Instructions, Russia, vol. xiv, pp. 109-111. This Government has assurances which can be relied on, that both Great Britain and France in the event of becoming involved in a war with Russia will pursue a liberal course towards neutral commerce Russia has heretofore stood side by side with the United States in asserting the rights of neutrals and resisting the extravagant pretensions of England in regard to belligerent rights. This Government has therefore no apprehension that Russia will withhold her assent to any relaxation of the rigid rules which France and Great Britain enforced against us as a neutral in former European Wars. These two powers will undoubtedly have proclaimed before this despatch is received by you their determination to act in the approaching conflict upon the doctrine that "Free ships make free goods, except articles which are contraband of war". Should His Majesty the Emperor of Russia act as it is not doubted he will, upon the same principle, neutral commerce will be relieved to a great extent from embarrassments and neutral nations from the hazard of being brought into collision with the belligerents. Upon this point I trust you will meet with no difficulty in ascertaining the views of the Imperial Government of Russia. It will be useful to our merchants to have early information upon this subject. The law of nations as it is now settled exempts neutral property, not contraband of war from seizure and condemnation when found on board of an enemy's ship. Great Britain and France will respect this rule. Russia no doubt will do the same. With Great Britain and France we may have some difficulty upon the subject of neutral rights in regard to the coasting and colonial trade but between this country and Russia I do not apprehend that any such difficulty can arise. The President is determined to maintain our neutral rights but in doing this & in all other respects his course will be impartial towards the belligerents-You are directed to give assurance of this to the Government of Russia. With this communication you will receive a copy of a note which I have addressed by direction of the President to Mr. Stoeckl the Russian Chargé d'Affaires near the Government of the United States, I am [etc.] W. L. MARCY 103 The Secretary of State (Marcy) to the British Minister (Crampton)1 WASHINGTON, April 28, 1854. The Undersigned, Secretary of State of the United States, has had the honor to receive the note of Mr. Crampton Her Britannic Maj 1 MS., Notes to Great Britain, vol. vII, pp. 418-421. The same, mutatis mutandis, on the same date, to the French Minister. esty's Envoy Extraordinary and Minister Plenipotentiary of the 21st instant, accompanied by the declaration of Her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, in regard to the rule which will, for the present, be observed towards those powers with which she is at peace, in the existing war with Russia. The Undersigned has submitted those communications to the President, and received his direction to express to Her Majesty's Government his satisfaction that the principle that free ships make free goods, which the United States have so long and strenuously contended for as a neutral right, and in which some of the leading Powers of Europe have concurred, is to have a qualified sanction by the practical observance of it in the present war by both Great Britain and France-two of the most powerful nations of Europe. Notwithstanding the sincere gratification which Her Majesty's declaration has given to the President, it would have been enhanced if the rule alluded to had been announced as one which would be observed not only in the present, but in every future, war in which Great Britain shall be a party. The unconditional sanction of this rule by the British and French Governments, together with the practical observance of it in the present war, would cause it to be henceforth recognised throughout the civilized world as a general principle of international law. This Government, from its very commencement, has labored for its recognition as a neutral right. It has incorporated it in many of its treaties with Foreign Powers. France, Russia, Prussia, and other nations have, in various ways, fully concurred with the United States in regarding it as a sound and salutary principle, in all respects proper to be incorporated into the law of nations. The same consideration which has induced Her Britannic Majesty, in concurrence with His Majesty the Emperor of the French, to present it as a concession in the present war, the desire to " preserve the commerce of neutrals from all unnecessary obstruction "—will. it is presumed, have equal weight with the belligerents in any future war, and satisfy them that the claims of the principal maritime powers, while neutral, to have it recognised as a rule of international law are well founded, and should be no longer contested. To settle the principle that free ships make free goods except articles contraband of war, and to prevent it from being called again in question from any quarter or under any circumstances, the United States are desirous to unite with other powers in a declaration that it shall be observed by each hereafter, as a rule of international law. The exemption of the property of neutrals, not contraband, from seizure and confiscation when laden on board of an enemy's vessel, is a right now generally recognized by the law of nations. The President is pleased to perceive from the declaration of Her Britan nic Majesty that the course to be pursued by her cruisers will not bring it into question in the present war. The Undersigned avails himself [etc.] W. L. MARCY 104 The Secretary of State (Marcy) to the Minister in Russia (Seymour)1 WASHINGTON, May 9, 1854. SIR: You have probably seen the joint declaration of Great Britain and France referred to in the enclosed copy of a note to Mr. Crampton Her Britannic Majesty's Minister to this Government. This declaration was communicated to me by the Ministers of France and England accompanied by a note to which I replied. The note to the French Minister is substantially the same as that sent to Mr. Crampton. It is the settled purpose of this Government to pursue such a course during the present war in Europe as will give no cause to either belligerent party to complain, and it sincerely hopes neither will give this country any ground for dissatisfaction. The danger of a misunderstanding is much less with Russia than with Great Britain and France, I believe however these latter powers are desirous to pursue a fair and liberal course towards neutrals-& particularly towards the United States. You will observe that there is a suggestion in the inclosed for a convention among the principal maritime nations to unite in a declaration that Free ships should make free goods except articles contraband of war-This doctrine has had heretofore the sanction of Russia and no reluctance is apprehended on her part to becoming a party to such an arrangement— Great Britain is the only considerable power which has heretofore made a sturdy opposition to it. Having yielded it for the present in the existing war she thereby recognizes the justice and fairness of the principle and would hardly be consistent if she should withhold her consent to an agreement to have it hereafter regarded as a rule of international law. I have thrown out the suggestion to Great Britain & France to adopt this as a rule to be observed in all future wars-The President may instruct me to make the direct proposition to these and other powers. Should Russia Great Britain and France concur with the United States in declaring this to be the doctrine of the law of nations I do not doubt that the other nations of the world would at once give their consent and conform their practice to it. If a fair opportunity should occur the President requests you to ascertain the views of His Majesty the Emperor of Russia on the subject-The decisions of Admiralty Courts in this and other countries have frequently affirmed the doctrine that a Belligerent may seize and confiscate enemys property found on board of a neutral vessel; The general consent of nations therefore is necessary to change it. This seems to be a most favorable time for such a salutary change. From the earliest period of this Government it has made strenuous efforts to have the rule that "free ships make free goods" except contraband articles adopted as a principle of international law but Great Britain insisted upon a different rule. These efforts consequently proved unavailing and now it cannot be recognized and a strict observance of it secured without a conventional regulation among the maritime powers. This Government is desirous to have all nations agree in a declaration that this rule shall hereafter be observed by them respectively when they shall happen to be involved in any war and that as neutrals they will insist upon it as a neutral right. In this the United States are quite confident that they will have the cordial consent and coöperation of Russia. I am [etc.] 105 W. L. MARCY Convention between the United States and Russia as to Rights of Neutrals at Sea, July 22, 18541 [Articles I-III] ARTICLE I The two High Contracting Parties recognise as permanent and immutable the following principles, to wit: 1st That free ships make free goods that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are free from capture and confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 24 That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be contraband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable. ARTICLE II The two High Contracting Parties reserve themselves to come to an ulterior understanding as circumstances may require, with 1 William M. Malloy (ed.), Treaties, Conventions, International Acts, Protocols and Agreements between the United States of America and Other Powers, vol. II, pp. 1519-1521. A similar convention was concluded with the Two Sicilies, Jan. 13, 1855, and with Peru, July 22, 1856, |