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Declaration of Paris

war, neutral, privateers, enemys and time

DECLARATION OF PARIS. An agreement defining the rules of maritime law, to be ap plied in time of war, signed by the plenipoten tiaries of Great Britain, Austria, France, Prus sia, Russia, Sardinia, and Turkey. at Paris, April IG, 1836, where they had met in con vention to settle the questions involved in the Crimean War, just closed. England had always claimed. and had exercised, the right to seize an enemy's goods on the high seas, though con veyed in a neutral vessel, which included the right to stop and search neutral merchant ves sels for this purpose. The exercise of this right had aroused against England the Northern Mari time League of 1:300, and was condemned gen erally by the civilized world. Nothing short of absolute command of the seas made it safe for a single power to maintain Z1 practice which threatened in moments of danger to turn the whole body of neutral States into enemies. Be sides. while it was profitable for England to seize an enemy's goods in neutral ships when she was at war, it reacted upon England when she re mained at peace during hostilities between other States. Likewise, while her privateers might inflict severe injuries upon an enemy's commerce, her own commerce in time of war offered a rich field for hostile privateers. So, in return for the abolition of privateering, Great Britain consented to a rule permitting the products of a belligerent State to find a market in time of war.

The following rules were adopted by the con vention: (1) Privateering is, and remains, abol ished. (2) The neutral flag covers enemy's goods, with the exception of contraband of war. (3) Neutral goods. with the exception of con traband of war, are not liable to capture under the enemy's flag. (4) Blockades, in order to be binding, must be effective, that is to say, main tained by a force sufficient really to prevent access to the coast of the enemy. This declara

tion was subsequently accepted by the civilized nations, with the exception of the United States, Spain, Mexico, and several South American republics. The United States urged the substitu tion of a more advanced provision, excepting from capture all private property, even of citi zens of belligerents, either by privateers or na tional vessels. This was the situation at the of the Civil War. On the issuance by the Confederate President, Jefferson Davis. of letters to privateers, Secretary of State Seward addressed a note to the Powers, requesting to be allowed to accede to the Declaration of Paris without modification. Great Britain and France, who had recognized the South as belligerents, and were anxious not to invalidate the letters of marque issued by the Confederate Govern n ent. stipulated that the accession of the United States should not "have any bearim, direct or indirect, on the internal differences now prevailing." 1s this placed no restriction upon Confederate privateers, the negotiations were dropped. In the war between the United States and Spain, in 1698, both belligerents for mally announced their intention to adhere to the principles of the Declaration. It may be said that the second, third, and fourth principles are a me ognizeil part of the body of international law. The question of privatecring has thus far been regarded rather as one of national policy. With the development of modern navies, however, it has become of minor significance. Consult the authorities referred to under .MARITIME LAW ; INTERNATIONAL LAW.