Appendix No. IV., May 16, 1867

Appendix No. IV.

REPORTS FROM FOREIGN STATES, DECLARATIONS OF NEUTRALITY, &c.

The accompanying circular was sent by the foreign office to her Majesty’s representatives at the courts of the following countries: Austria, Belgium, Denmark, France, Italy, the Netherlands, Portugal, Prussia, Spain, Sweden, United States.

Foreign Office, February 14, 1867.

The commission which has been appointed by the Queen to consider the neutrality laws of this country, being desirous of obtaining information respecting similar laws in other maritime countries, I have to instruct you to ascertain and report, with as little delay as possible, what laws, regulations, or other means the government to which you are accredited possess for preventing acts within their territories of which belligerents might complain as a violation of the duties of neutrality.

And the following papers were received in reply:

AUSTRIA.

(Received from her Majesty’s embassy at Vienna.)

Note from the minister of foreign affairs to her Majesty’s ambassador.

Mr. Bonar, her Britannic Majesty’s chargé d’affaires, was pleased to make inquiry of the imperial minister of foreign affairs as to what laws, regulations, or measures are laid down by the government of his imperial Majesty in order to prevent transactions in their territory of which belligerent powers might complain as being an infringement of the neutrality laws. After consulting the competent authorities, the minister of foreign affairs has now the honor to communicate to Lord Bloomfield, &c., &c., &c., with reference to the above question, as follows:

The declaration signed in Paris by the representatives of Austria, France, Great Britain, Prussia, Russia, Italy, and Turkey, on the 18th of April, 1856, concerning the rights of neutrals in naval warfare, has been published in legal course in Austria, and constitutes, therefore, a law generally in force.

Apart from the principles which lie at the foundation of this declaration, there exists, however, no law in Austria, nor any other order generally binding, which could be made to apply to violations of neutrality by Austrian subjects.

The imperial government have endeavored to supply this want in cases of war between other states, by promulgating in legal forms special regulations for the preservation of neutrality applicable only to the war in question. Thus in the year 1854, in consequence of the war then existing, the ministerial ordonnance of May 25, 1854, was promulgated, of which copy is inclosed herewith.

In such special declarations the generally acknowledged principles of international law, as well as the known views of the belligerent powers on certain points, have been taken into consideration, in order as much as possible to obviate any complaints of infringement of neutrality.

There does not exist, however, a law of this kind applicable to all future occasions, and more particularly there are no general laws in Austria prohibiting the construction, equipment, or manning of ships (in Austrian harbors) which are destined for belligerent powers, or are suspected of being so.

The undersigned, &c., &c.