ENGLISH DECLARATION OF NEUTRALITY. the privateers of both parties, from carrying prizes made by them into ports, harbors, roadsteads, or waters of the United Kingdom, or any of Her Majesty's colonies or possessions abroad. "I have accordingly to acquaint your lordships that the Queen has been pleased to direct that orders, in conformity with the principles above stated, should forthwith be addressed to all proper authorities in the United Kingdom, and to Her Majesty's naval and other authorities in all quarters beyond the United Kingdom, for their guidance in the circumstances. I have, etc. J. RUSSELL." A decree of the Emperor of France, June coinciding in principle with the II. action of the British Government, soon followed. It was thus officially pronounced: His Majesty the Emperor of the French, taking into consideration the state of peace which now exists between France and the United States of America, has resolved to maintain a strict neutrality in the struggle between the Government of the Union and the States which propose to form a separate confederation. In consequence, His Majesty, considering article 14 of the naval law of August, 1861, the third article of the law of the 10th of April, 375 enactments of the 21st article of the Code Napoleon, and of articles 65 and following of the decree of the 24th of March, 1852, on the merchant service, 313 and following of the Penal Code for the navy. "His Majesty declares, moreover, that every Frenchman contravening the present enactments will have no claim to any protection from his government against any acts or measures, whatever they may be, which the belligerents might exercise or decree. NAPOLEON. "THOUVENEL, Minister of Foreign Affairs." Most of the other powers of Europe issued similar decrees, recognizing the Southern Confederacy as a belligerent, but placing the same restrictions upon its armed cruisers, as well as those of the United States, as had been done by Great Britain and France. The Queen of England, moreover, issued a proclamation, in which the "royal determination to maintain a strict and impartial neutrality," was re 1825, articles 84 and 85 of the Penal Code, 65 and follow-iterated, offences against such neutrality ing of the decree of the 24th of March, 1852, 313 and following of the Code Penal Maritime, and article 21 of the Code Napoleon, declares "1. No vessel of war or privateer of either of the belligerent parties will be allowed to enter or stay with prizes in our ports or roadsteads longer than twenty-four hours, excepting in case of compulsory delay (relache forcée). "2. No sale of goods belonging to prizes is allowed in our ports and roadsteads. "3. Every Frenchman is prohibited from taking a commission under either of the two parties to arm vessels of war, or to accept letters-of-marque for privateering purposes, or to assist in any manner whatsoever the equipment or armament of a vessel of war or privateering of either party. "4. Every Frenchman, whether residing in France or abroad, is likewise prohibited from enlisting or taking service either in the land army or on board vessels of war or privateers of either of the two belligerent parties. "5. Frenchmen residing in France or abroad must likewise abstain from any act which, committed in violation of the laws of the empire or of international law, might be considered as an act hostile to one of the two parties and contrary to the neutrality which we have resolved to observe. All persons acting contrary to the prohibitions and recommendations contained in the present declaration will be prosecuted, if required, conformably to the enactments of the law of the 10th of April, 1825, and of articles 84 and 85 of the Penal Code, without prejudice to the application that might be made against such offenders of the specified, and their penalties awarded.* "VICTORIA R. BY THE QUEEN-A PROCLAMATION. "Whereas, We are happily at peace with all sovereigns, powers, and states; "And whereas hostilities have unhappily commenced between the Government of the United States of America and certain States styling themselves the Confederate States of America ;' "And whereas we, being at peace with the Government of the United States, have declared our Royal determination to maintain a strict and impartial neutrality in the contest between the said contending parties; 66 'We, therefore, have thought fit, by and with the advice of our Privy Council, to issue this our Royal Proclamation: "And we do hereby strictly charge and command all our loving subjects to observe a strict neutrality in and during the aforesaid hostilities, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril. "And whereas, in and by a certain statute made and passed in the fifty-ninth year of His Majesty King George III., entitled 'an act to prevent the enlisting or engagement of His Majesty's subjects to serve in a foreign service, and the fitting out or equipping, in His Majesty's domin The proclamation of the Queen was followed by a discussion in the House ions, vessels for warlike purposes, without His Majesty's license,' it is, among other things, declared and enacted as follows: "That if any natural born subject of His Majesty, his heirs and successors, without the leave or license of His Majesty, his heirs or successors, for that purpose first had and obtained, under the sign manual of His Majesty, his heirs or successors, or signified by order in council, or by proclamation of His Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed, or shall serve in any warlike or military operation in the service of, or for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons, exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity; or if any natural born subject of His Majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment, as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped, or intended to be used for any warlike purpose, in the service of, or for, or under, or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or, if any natural born subject of His Majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go, to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve, or with intent to serve, in any warlike or military operation whatever, whether by land or by sea, in the service of, or for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of, or for, or under, or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province, or people, either as an officer or a soldier, or in any other military capacity, or an officer or sailor, or marine in any such ship or vessel as aforesaid, although no enlisting money, or pay, or reward shall have been or shall be in any or either of the cases aforesaid actually paid to or received by him, or of Lords, in the course of which the questions of what constitutes a blockade by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or any part of His Majesty's dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject to His Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavor to hire, retain, engage, or procure any person or persons whatever to enlist, or enter, or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for, or under, or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for, or under, or in aid of any per son or persons exercising or assuming to exercise any powers of government as aforesaid, or to go or to agree to go or embark from any part of His Majesty's dominions, for the purpose or with intent to be enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received, or not; in any or either of such cases every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the Court before which such offender shall be convicted.' "And it is in and by the said act further enacted: "That if any person, within any part of the United Kingdom or in any part of His Majesty's dominions beyond the seas, shall without the leave and license of His Majesty, for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons, exercising or assuming to exercise any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store ship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom His Majesty shall not then be at war; or shall, within the United Kingdom, or any of His Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to His Majesty, issue or deliver any commission for any ship or vessel to the intent that such ship or vessel shall be BLOCKADE AND CONTRABAND DEFINED. and how contraband of war should be defined, were solved variously by the employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, and shali upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, shall be forfeited; and it shall be lawful for any officer of His Majesty's customs or excise, or any officer of His Majesty's navy, who is by law empowered to make seizures, for any forfeiture incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the officers of His Majesty's customs or excise and the officers of His Majesty's navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner, and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation.' "And it is in and by the said act further enacted : "That if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's dominions beyond the seas, without leave and license of His Majesty, for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war or cruiser, or other armed vessel, which at the time of her arrival in any part of the United Kingdom, or any of His Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at 377 different speakers. Lord Ellenborough, opposed to the present Government, de the discretion of the Court before which such offender shall be convicted.' "Now, in order that none of our subjects may unwarily render themselves liable to the penalties imposed by the said statute, we do hereby strictly command, that no person or persons whatsoever do commit any act, matter, or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure. "And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this Royal Proclamation, and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign, in the said contest, or in violation or contravention of the law of nations in that behalf-as, for example and more especially, by entering into the military service of either of the said contending parties as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors, or marines on board any ship or vessel of war or transport of or in the service of either of the said contending parties; or by serving as officers, sailors, or marines on board any privateer bearing lettersof-marque of or from either of the said contending parties; or by engaging to go or going to any place beyond the seas with intent to enlist or engage in any such service, or by procuring or attempting to procure within Her Majesty's dominions, at home or abroad, others to do so; or by fitting out, arming, or equipping any ship or vessel to be employed as a ship-of-war, or privateer, or transport, by either of the said contending parties; or by breaking, or endeavoring to break, any blockade lawfully and actually established by or on behalf of either of the said contending parties; or by carrying officers, soldiers, despatches, arms, military stores, or materials, or any article or articles considered and deemed to be contraband of war according to the law of modern usage of nations, for the use or service of either of the said contending parties, all persons so offending will incur and be liable to the several penalties and penal consequences by the said statute, or by the law of nations, in that behalf imposed or denounced. "And we do hereby declare that all our subjects and persons entitled to our protection who may misconduct themselves in the premises will do so at their peril and of their own wrong, and that they will in nowise obtain any protection from us against any liability or penal consequences, but will, on the contrary, incur our high displeasure by such misconduct. "Given at our Court at the White Lodge, Richmond Park, this 13th day of May, in the year of our Lord 1861, and in the 24th year of our reign. "GOD save the QUEEN." -London Gazette, May 14. clared if they adhered to the maritime certain." He, however, insisted that law agreed to by the Plenipotentiaries Her Majesty's Government should make of Paris, which declared that, "in order it clearly understood that "a a mere to be binding, a blockade must be an paper blockade, alleged to extend effectual blockade"-that was to say, over a wide extent of coast which that it should be maintained by a force it was impossible to blockade, would sufficient to prevent access to the ene- not be recognized as valid by the Britmy's coasts, and these words were to be ish Government.' In regard to the literally understood-that "a blockade declaration of the United States, that was a thing almost physically impossible, the privateers of the States in rebellion because no nation in the world possessed are pirates, his lordship said: "He apa fleet large enough for this purpose." prehended that if anything was clearer His lordship, moreover, expressed his than another, it was that privateering regret that the Queen, in her proclama- was not piracy, and that no law could tion, had not clearly asserted the well- make that piracy, as regarded the subrecognized principle, that "contraband jects of one nation, which was not of war was that which, in possession of piracy by the law of nations. Consean enemy, would enable him better to quently the United States must not be carry on the war." allowed to entertain this doctrine, and to call upon Her Majesty's Government not to interfere. They must not strain the law so as to visit with penalty of death, as for piracy, persons entitled to Her Majesty's protection. That was a question which could not be viewed with indifference, but must be seriously considered by the Government." Earl Granville, as Lord President, spoke authoritatively for the Government, and declared, "There was no doubt that blockade was lawfully and actually established, if maintained in a proper form and manner, and by such a force as to make it, not impossible, but difficult for vessels to enter or come out." In regard to contraband of war, his lordship said: "Certain articles were clearly contraband of war, and the character of others could only be determined by the decision of the prize courts. Her Majesty's Government, therefore, had pursued a wise course, in his opinion, in not specifying what was contraband of war." The Earl of Derby, though the leader of the opposition, was not disposed, he said, "to complain of the terms of the proclamation as being vague and un Lord Brougham said: "It was clear that privateering was not piracy, by the law of nations, however much it might be lamented that it was not so. But if any person or subject of this country (Great Britain) entered into an expedition against another country, with which we (Great Britain) were at peace, that was of itself a piratical act, and they had themselves to blame who, after full warning, chose to take that course, and could not expect their government to interpose to save them from A PRIVATEER NOT A PIRATE. 379 the extreme penalties attached to that try, the case with regard to England was course." quite different. We had recognized the Southern Confederacy, not as an independent State, but as a belligerent Power; and therefore, if the Federal Government should act upon the principle they had laid down as against British subjects, he apprehended that this Government might with perfect justice interfere, and under some circumstances they might, by the influence of public opinion, be compelled to interfere. Yet, at the same time, the offender could not as a right, having acted in violation of the feeling of his own country, and therefore of his own government, call upon his government to interfere." The Lord Chancellor declared, "There was no doubt that if an Englishman engaged in the service of the Southern States, he violated the laws of the country and rendered himself liable to punishment, and that he had no right to trust to the protection of his native country to shield him from the consequences of his act. But though that individual would be guilty of a breach of the law of his own country, he could not be treated as a pirate, and those who treated him as a pirate would be guilty of murder." Lord Kingsdown said: "As to the state of the law, there could be no doubt a privateer acting under a government was not a pirate. No doubt the United States did not put the extravagant proclamation they had issued upon the ground that privateers were pirates, because they themselves insisted upon the right of privateering. But they put it upon this ground, that they were dealing with rebels, and that they would hang them, not, properly speaking, as pirates, but as persons who were guilty of high treason against the State to which they were subject. Of course it was a matter for their own consideration what was to be the operation of that proclamation. He believed that the enforcement of that doctrine would be an act of barbarity which would produce an outcry throughout the civilized world, but he hoped that it was a mere brutum fulmen, and not intended to be carried out. But that being the case with regard to their own coun Lord Brougham, at the close of the debate, made a pertinent allusion to the case of Ambrister and Arbuthnot, executed by General Jackson, to remind British subjects of the risk they run in serving on either side: "A case had occurred," his lordship said, "about thirty years ago, where two British subjects were tried and hanged for piratical interference on land, and no step was taken to save their lives or avenge their death." Such are the intimate and extensive commercial relations between Great Britain and the United States, that any war waged by the one must necessarily affect the interests of the other. The present struggle has inflicted an enormous injury upon the manufacturing and commercial resources of England, and produced a corresponding degree of national soreness, which is watched with equal interest by both belligerents |