I.---PAPERS RELATING TO THE FRANCO-GERMAN WAR BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. [AUGUST 22, 1870.-ENJOINING NEUTRALITY IN THE PRESENT WAR BETWEEN F AND THE NORTH GERMAN CONFEDERATION AND ITS ALLIES.] Whereas a state of war unhappily exists between France, on th side, and the North German Confederation and its allies, on the side; and whereas the United States are on terms of friendship amity with all the contending powers, and with the persons inhab their several dominions; and whereas great numbers of the citize the United States reside within the territories or dominions of ea the said belligerents, and carry on commerce, trade, or other busine pursuits therein, protected by the faith of treaties; and whereas numbers of the subjects or citizens of each of the said belligerents r within the territory or jurisdiction of the United States, and car commerce, trade, or other business or pursuits therein; and wh the laws of the United States, without interfering with the free ex sion of opinion and sympathy, or with the open manufacture or sa arms or munitions of war, nevertheless impose upon all persons may be within their territory and jurisdiction the duty of an impa neutrality during the existence of the contest: Now, therefore, I, Ulysses S. Grant, President of the United St in order to preserve the neutrality of the United States and of their zens and of persons within their territory and jurisdiction, and t force their laws, and in order that all persons, being warned of general tenor of the laws and treaties of the United States in thi half, and of the law of nations, may thus be prevented from an uni tional violation of the same, do hereby declare and proclaim that b act passed on the 20th day of April, A. D. 1818, commonly known a "neutrality law," the following acts are forbidden to be done, u severe penalties, within the territory and jurisdiction of the U States, to wit: 1. Accepting and exercising a commission to serve either of the belligerents by land or by sea against the other belligerent. 2. Enlisting or entering into the service of either of the said bell ents as a soldier, or as a marine, or seaman on board of any vess war, letter of marque, or privateer. 3. Hiring or retaining another person to enlist or enter himself i service of either of the said belligerents as a soldier, or as a marin seaman on board of any vessel of war, letter of marque, or private 4. Hiring another person to go beyond the limits or jurisdicti the United States with intent to be enlisted as aforesaid. 5. Hiring another person to go beyond the limits of the United S with the intent to be entered into service as aforesaid. 7. Retaining another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. (But the said act is not to be construed to extend to a citizen or subject of either belligerent who, being transiently within the United States, shall, on board of any vessel of war, which, at the time of its arrival within the United States, was fitted and equipped as such vessel of war, enlist or enter himself or hire or retain another subject or citizen of the same belligerent, who is transiently within the United States, to enlist or enter himself to serve such belligerent on board such vessel of war, if the United States shall then be at peace with such belligerent.) 8. Fitting out and arming, or attempt to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents. 9. Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid. 10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the United States was a ship of war, cruiser, or armed vessel in the service of either of the said belligerents, or belong. ing to the subjects or citizens of either, by adding to the number of guns of such vessels, or by changing those on board of her for guns of a larger caliber, or by the addition thereto of any equipment solely applicable to war. 11. Beginning or setting on foot or providing or preparing the means for any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said beligerents. And I do further declare and proclaim that by the nineteenth article of the treaty of amity and commerce which was concluded between his Majesty the King of Prussia and the United States of America, on the 11th day of July, A. D. 1799, which article was revived by the treaty of May i, A. D. 1828, between the same parties, and is still in force, it was agreed that "the vessels of war, public and private, of both parties, shall carry freely, wheresoever they please, the vessels and effects taken from their enemies, without being obliged to pay any duties, charges, or fees to officers of admiralty, of the customs, or any others; nor shall such prizes be arrested, searched, or put under any legal process, when they come to and enter the ports of the other party, but may freely be carried out again at any time by their captors to the places expressed in their commissions, which the commanding officer of such vessel shall be obliged to show." And I do further declare and proclaim that it has been officially communicated to the Government of the United States by the envoy extraordinary and minister plenipotentiary of the North German Confederation, at Washington, that private property on the high seas will be exempted from seizure by the ships of his Majesty the King of Prussia, without regard to reciprocity. And I do further declare and proclaim that it has been officially communicated to the Government of the United States by the envoy extraordinary and minister plenipotentiary of his Majesty the Emperor of the French, at Washington, that orders have been given that, in the conduct of the war, the commanders of the French forces on land and on the seas shall scrupulously observe toward neutral powers the rules international law, and that they shall strictly adhere to the princip set forth in the declaration of the Congress of Paris of the 16th of A 1856, that is to say: 1st. That privateering is and remains abolisi 2d. That the neutral flag covers enemy's goods, with the exception contraband of war. 3d. That neutral goods, with the exception of traband of war, are not liable to capture under the enemy's flag. That blockades, in order to be binding, must be effective, that is to maintained by a force sufficient really to prevent access to the coast the enemy; and that, although the United States have not adhered the declaration of 1856, the vessels of his Majesty will not seize enen property found on board of a vessel of the United States, provided property is not contraband of war. And I do further declare and proclaim that the statutes of the Un States and the law of nations alike require that no person within territory and jurisdiction of the United States shall take part, dire or indirectly, in the said war, but shall remain at peace with each the said belligerents, and shall maintain a strict and impartial neutral and that whatever privileges shall be accorded to one belligerent wi the ports of the United States shall be in like manner accorded to other. And I do hereby enjoin all the good citizens of the United Sta and all persons residing or being within the territory or jurisdiction the United States, to observe the laws thereof, and to commit no contrary to the provisions of the said statutes, or in violation of the of nations in that behalf. And I do hereby warn all citizens of the United States, and all sons residing or being within their territory or jurisdiction, that, w the free and full expression of sympathies in public and private is restricted by the laws of the United States, military forces in ai either belligerent cannot lawfully be originated or organized within t jurisdiction; and that while all persons may lawfully, and without res tion, by reason of the aforesaid state of war, manufacture and sell wi the United States arms and munitions of war, and other articles o narily known as "contraband of war," yet they cannot carry such arti upon the high seas for the use or service of either belligerent, nor they transport soldiers and officers of either, or attempt to break blockade which may be lawfully established and maintained during war, without incurring the risk of hostile capture, and the penal denounced by the law of nations in that behalf. And I do hereby give notice that all citizens of the United Sta and others who may claim the protection of this Government, who misconduct themselves in the premises, will do so at their peril, that they can in no wise obtain any protection from the Governmen the United States against the consequences of their misconduct. In witness whereof I have hereunto set my hand and caused the of the United States to be affixed. Done at the city of Washington, this twenty-second day of Aug in the year of our Lord one thousand eight hundred and seventy, of the independence of the United States of America the ninety-fift [SEAL.] U. S. GRAN By the President: HAMILTON FISH, BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. [REGULATING THE CONDUCT OF VESSELS OF WAR OF EITHER BELLIGERENT IN THE WATERS WITHIN THE TERRITORIAL JURISDICTION OF THE UNITED STATES.] Whereas on the 22d day of August, 1870, my proclamation was issued, enjoining neutrality in the present war between France and the North German Confederation and its allies, and declaring, so far as then seemed to be necessary, the respective rights and obligations of the belligerent parties and of the citizens of the United States; and whereas subsequent information gives reason to apprehend that armed cruisers of the belligerents may be tempted to abuse the hospitality accorded to them in the ports, harbors, roadsteads, and other waters of the United States, by making such waters subservient to the purposes of war: Now, therefore, I, Ulysses S. Grant, President of the United States of America, do hereby proclaim and declare that any frequenting and use of the waters within the territorial jurisdiction of the United States by the armed vessels of either belligerent, whether public ships or privateers, for the purpose of preparing for hostile operations, or as posts of observation upon the ships of war or privateers or merchant vessels of the other belligerent lying within or being about to enter the jurisdiction of the United States, must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the determination of this Government to observe; and to the end that the hazard and inconvenience of such apprehended practices may be avoided, I further proclaim and declare that, from and after the 12th day of October instant, and during the continuance of the present hostilities between France and the North German Confederation and its allies, no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, roadstead, or other waters within the jurisdiction of the United States as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or privateer of either belligerent shall be permitted to sail out of or leave any port, harbor, or roadstead, or waters subject to the jurisdiction of the United States from which a vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such lastmentioned vessel beyond the jurisdiction of the United States. If any ship of war or privateer of either belligerent shall, after the time this notification takes effect, enter any port, harbor, roadstead, or waters of the United States, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, harbor, roadstead, or waters, except in case of stress of weather or of her requiring provisions or things necessary for the subsistence of her crew, or for repairs; in either of which cases the authorities of the port or of the nearest port (as the case may be) shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be neces sary for her immediate use; and no such vessel which may have been permitted to remain within the waters of the United States for the purpose of repair shall continue within such port, harbor, roadstead, or waters for a longer period than twenty-four hours after her necessary repairs shall have been completed, unless within such twenty-four hours |