No. 1.—Extract.


De grondwet voor pet Koningcijlc der Nederlanden, de Nederlandsehe Wetbocken. (Schiedam, 1865,) Wetbock van Straftegt. Lib. iii, cpt. i, sec. i, pp. 676, 677.

  • Art. 84. Whosover shall, by hostile acts not approved by the government, expose the state to a declaration of war, shall be punished with banishment, and if war be actually carried out, he shall be punished with transportation.
  • Art. 85. Whosoever shall, by acts not approved by the government, expose Frenchmen* to reprisals, shall be punished with banishment.

[573] *Note.—It will be observed that the above articles, translated from the existing code of the Netherlands, are an exact transcript from the code pénal of France, which was introduced into the Netherlands at the time of the annexion *of the Netherlands to France, and, of course, all the commentaries on the subject of the French code, and of the other continental codes, are applicable to that of the Netherlands.

Translation of circular of April 14, 1854.

It having come to the knowledge of the minister of foreign affairs that plans exist to export ammunition of war, contrary to the duties imposed by the laws of peoples, to neutrals, he thinks it his duty to call the attention of ship-owners and ship-chandlers to the danger to which they would expose themselves by such expeditions, but also to the fatal consequences and trouble which Dutch vessels would have to suffer, if with the belligerent powers the confidence could not exist that said flag will not be used in any case for any unlawful transport of contraband of war.

[574] By the assurance, received by the King’s government, that the rule (free ship, free goods) will be respected by all the belligerent powers, that for contraband of war and for dispatches for one of the belligerent powers alone an exception will be made, and that the search, whether vessels carrying the Dutch flag contain such contraband, will be made in the easiest manner possible, it is for *the honest trader and ship-owner of the greatest import, that everywhere the conviction exists, that no abuses will take place under protection of the Dutch flag, and that, as such, no cause be given to raise unfavorable opinions about those having the privilege to use this flag.

His Majesty’s government would be unable to protect vessels which, contrary to the duty of neutral states, contained contraband of war, or were charged with forbidden dispatches.


Translation of circular of April 15, 1854.

[Nederlandche Staats-Courant, Sunday 16 and Monday April 17, 1854.]

[575] According to decrees of the King, the ministers of foreign affairs, of justice, and of the navy announce, to all those whom it may concern, [Page 136] that in order to maintain a complété neutrality in the present war, no cruisers, under any flags, commissions, or lettres de marque whatever, will be admitted within our sea-ports, with or without prizes, except in cases of sea-danger, and that, in any case whatever, such cruisers and their prizes will be watched and be ordered to sea as soon *as possible.

The ministers above named,

  • J. ENSLIE.