propositions—that in relation to blockades—there
can certainly be no objection. It is merely the
definition of what shall constitute the effectual investment
of a blockaded place, a definition for which this
Government has always contended, claiming indemnity
for losses where a practical violation of the rule
thus defined has been injurious to our commerce.
As to the remaining, article of the declaration of
the conference of Paris, that “privateering
is and remains abolished,” I certainly can not
ascribe to the powers represented in the conference
of Paris any but liberal and philanthropic views in
the attempt to change the unquestionable rule of maritime
law in regard to privateering. Their proposition
was doubtless intended to imply approval of the principle
that private property upon the ocean, although it
might belong to the citizens of a belligerent state,
should be exempted from capture; and had that proposition
been so framed as to give full effect to the principle,
it would have received my ready assent on behalf of
the United States. But the measure proposed is
inadequate to that purpose. It is true that if
adopted private property upon the ocean would be withdrawn
from one mode of plunder, but left exposed meanwhile
to another mode, which could be used with increased
effectiveness. The aggressive capacity of great
naval powers would be thereby augmented, while the
defensive ability of others would be reduced.
Though the surrender of the means of prosecuting hostilities
by employing privateers, as proposed by the conference
of Paris, is mutual in terms, yet in practical effect
it would be the relinquishment of a right of little
value to one class of states, but of essential importance
to another and a far larger class. It ought not
to have been anticipated that a measure so inadequate
to the accomplishment of the proposed object and so
unequal in its operation would receive the assent
of all maritime powers. Private property would
be still left to the depredations of the public armed
cruisers.
I have expressed a readiness on the part of this Government
to accede to all the principles contained in the declaration
of the conference of Paris provided that the one relating
to the abandonment of privateering can be so amended
as to effect the object for which, as is presumed,
it was intended—the immunity of private
property on the ocean from hostile capture. To
effect this object, it is proposed to add to the declaration
that “privateering is and remains abolished”
the following amendment:
And that the private property of subjects
and citizens of a belligerent
on the high seas shall be exempt from
seizure by the public armed
vessels of the other belligerent, except
it be contraband.
This amendment has been presented not only to the
powers which have asked our assent to the declaration
to abolish privateering, but to all other maritime
states. Thus far it has not been rejected by any,
and is favorably entertained by all which have made
any communication in reply.