te, 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property upon the ocean would be withdrawn from one mode of plunder,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.
Several of the governments regarding with favor the proposition of
the United States have delayed definitive action upon it only for the
purpose of consulting with others, parties to the conference of Paris.
I have the satisfaction of stating, however, that the Emperor of Russia
has entirely an
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