:
"1. Privateering is, and remains, abolished.
"2. The neutral flag covers enemy's goods, with the exception
of contraband of war.
"3. Neutral goods, with the exception of contraband of war,
are not liable to capture under enemy's flag.
"4. Blockades, in order to be binding, must be effective;
that is to say, maintained by a force sufficient really to
prevent access to the coast of the enemy[240]."
This agreement was adopted by Austria, France, Great Britain, Prussia,
Russia, Sardinia and Turkey, and it was further agreed that a general
invitation to accede should be extended to all nations, but with the
proviso "that the powers which shall have signed it, or which shall
accede thereto, shall not in future enter into any arrangement,
concerning the application of the law of neutrals in time of war, which
does not rest altogether upon the four principles embodied in the said
declaration[241]." In other words it must be accepted in whole, and not
in part, and the powers acceding pledging themselves not to enter into
any subsequent treaties or engagements on maritime law which did not
stipulate observance of all four points. Within a short time nearly all
the maritime nations of the world had given official adherence to the
Declaration of Paris.
But the United States refused to do so. She had long stood in the
advance guard of nations demanding respect for neutral rights. Little by
little her avowed principles of international law as regards neutrals,
first scoffed at, had crept into acceptance in treaty stipulations.
Secretary of State Marcy now declared, in July, 1856, that the United
States would accede to the Declaration if a fifth article were added to
it protecting all private property at sea, when not contraband. This
covered not only cargo, but the vessel as well, and its effect would
have been to exclude from belligerent operations non-contraband enemy's
goods under the enemy's flag, if goods and ship were privately owned.
Maritime warfare on the high seas would have been limited to battles
between governmentally operated war-ships. Unless this rule were adopted
also, Secretary Marcy declared that "the United States could not forgo
the right to send out privateers, which in the past had proved her most
effective maritime weapon in time of war, and which, since she had no
large navy, were essential to her fighting power."
"War on private property," said the Ame
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