M. Montholon to Mr. Hunter
Sir: The Swiss government addressed to that of his Majesty, at the close of last year, a communication relative to a project consisting in authorizing Swiss citizens, owners of ships, to carry at sea the federal flag—that is to say, to create a Swiss navy—and has suggested his excellency M. Drouyn de Lhuys to let it know whether the government of the Emperor would be willing to—
1st. Admit to its ports Swiss vessels, expressly authorized by the federal council to carry the Helvetic flag.
2d. To assure to them the like legal position as to vessels of other nations.
3d. To grant to Swiss established in the respectives states to build and freight Swiss vessels.
At first view no objection seemed to present itself to the project of the federal council, the open sea being free, and therefore access to it open to all; however, like myself, you, sir, will, without doubt, be of opinion that the geographic situation of Switzerland, which does not bound on the sea at any point, might give rise in practice to certain difficulties, about which there is subject for previous consideration.
International law has, in fact, imposed on all navies, in view of maritime police, and especially of nationality, regulations and duties, the first guarantee of which is found in the port of registry.
We must, then, at once question whether a country which has not any port of registry could, for want of this port d’attaché condition, offer equivalent guarantees, or such as other powers should be contented with.
On the other hand, how could the right of jurisdiction of Switzerland over crimes and offences committed on board its ships be exercised, either on the high seas or within the territorial waters of another state, since the Helvetic confederation is almost without means for the direct arrest of the guilty? In fine, would not the recognition of this new flag be of a nature, in view of commercial relations, to give rise to diffculties, either in times of peace or of war?
Such are the main points on which the government of his Majesty, without pronouncing its decision, would attach importance to learning the manner of viewing it of the different maritime powers, and has charged me to sound in this respect the disposition of the government of the United States.
It is, I think, superfluous to add, that if the questions put by the Helvetic government to that of the Emperor raised in the opinion of the cabinet of Washington [Page 362] other objections than those which I have had the honor to communicate to you, I will be obliged to you to impart them to me, and I will hasten to transmit them to his excellency M. Drouyn de Lhuys.
Accept, sir, the assurances of my most distinguished consideration.
Hon. William Hunter, Acting Secretary.