By my instructions, under date of April 24, 1861, I am directed as
follows: “To ascertain whether it (the government of his Majesty the
King of Italy) is disposed to enter into negotiations for the accession
of the United States to the declaration of the Paris congress, with the
conditions annexed by that body to the same; and if you shall find the
government so disposed, you will then enter into a convention to that
effect, substantially in the form of a project for that purpose herewith
transmitted to you.”
The project transmitted with the instructions makes no mention of the
important conditions referred to in the instructions, and therefore, in
drawing up the note, I thought it best not to notice the conditions
specifically, but to make the proposal in general terms, leaving that
point to be arranged, if suggested by the Italian government, as I shall
be instructed hereafter.
I have the honor to be, sir, with high respect, your obedient
servant,
Hon. William H. Seward,
Secretary of State.
Mr. Marsh to
Baron Ricasoli.
Legation of
the United States of America,
Turin,
August 26, 1861.
The undersigned, envoy extraordinary and minister plenipotentiary of
the United States of America, as he had the honor to state in one of
his first interviews with his excellency the minister of foreign
affairs, is instructed to propose the negotiation of a convention
between the government of the United States and the government of
his Majesty the King of Italy for defining the rights of
belligerents and neutrals in maritime warfare, in accordance with
the principles adopted by the congress of Paris in the year
1856.
Similar instructions have been given by the President to the American
ministers at the courts of the other maritime powers, and
negotiations to that effect are now in progress with all the
governments represented at the congress of Paris.
It will be remembered by his excellency the minister of foreign
affairs that in the year 1854 the President of the United States
submitted to the several maritime nations two propositions, to which
he solicited their assent as permanent principles of international
law.
These were:
- 1.
- 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 or confiscation
when found on board of neutral vessels, with the exception
of articles contraband of war.
- 2.
- That the property of neutrals on board an enemy’s vessel
is not subject to confiscation, unless the same be
contraband of war.
These propositions were favorably entertained by most of the
governments to which they were submitted, but no formal convention
for their recognition was negotiated between them and the United
States.
The congress of Paris, at which most of the European powers were
represented, adopted, upon the 16th of April, 1856, an agreement
embracing substantially these principles, with two additional
propositions; all of which were embodied in a declaration composed
of four articles, namely:
- 1.
- Privateering is and remains abolished.
- 2.
- The neutral flag covers enemy’s goods, with the exception
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, maintained by a force sufficient really to
prevent access to the coast of the enemy.
The congress further agreed to invite the maritime states not
represented in that body to accede to these propositions, and the
assent of the government of the United States was asked to them
accordingly.
The then President of the United States, Franklin Pierce, did not
accede to the stipulations of the convention, but proposed an
amendment to the first article which should exempt the private
property of individuals, though belonging to belligerent states,
from seizure or confiscation by national vessels in maritime war;
and the ministers of the United States at Paris and London were
instructed to inform the governments to which they were accredited
that the United States would accede to the four points above
recited, provided the first of them should be amended to the effect
proposed by the President.
[Page 326]
Neither of these governments is understood to have objected to this
amendment, but the negotiations were not prosecuted to a
conclusion.
The President of the United States adheres to the opinion expressed
by his predecessor, that it would be eminently desirable for the
good of all nations that the property and effects of private
individuals, not contraband, should be exempt from seizure and
confiscation by national vessels in maritime war. But the proposal
to that effect not having been accepted by the nations represented
in the congress of 1856, he now offers to accede to the invitation
of the powers, and to accept the declaration promulgated by it,
deferring to a future occasion the further prosecution of
negotiations for the general adoption of the amendment above
specified.
The undersigned is invested with full powers to conclude, on the part
of the President, a convention between the government of the United
States and that of his Majesty the King of Italy for the adoption of
the declaration of the congress of Paris, and begs leave to invite
the attention of his excellency the minister of foreign affairs to
the proposal.
The undersigned avails himself of this occasion to renew to his
excellency the minister of foreign affairs the assurance of his most
distinguished consideration.
His Excellency Baron Ricasoli,
President of the Council and Minister of
Foreign Affairs.
