George P. Marsh to Ricasoli refers to Bettino Ricasoli., August 26, 1861

Mr. Marsh to Baron Ricasoli.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, as he had the honor to state in one of his first interviews with his excellency the minister of foreign affairs, is instructed to propose the negotiation of a convention between the government of the United States and the government of his Majesty the King of Italy for defining the rights of belligerents and neutrals in maritime warfare, in accordance with the principles adopted by the congress of Paris in the year 1856.

Similar instructions have been given by the President to the American ministers at the courts of the other maritime powers, and negotiations to that effect are now in progress with all the governments represented at the congress of Paris.

It will be remembered by his excellency the minister of foreign affairs that in the year 1854 the President of the United States submitted to the several maritime nations two propositions, to which he solicited their assent as permanent principles of international law.

These were:

• Free ships make free goods—that is to say, that the effects or goods belonging to subjects or citizens of a power or state at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war.
• That the property of neutrals on board an enemy’s vessel is not subject to confiscation, unless the same be contraband of war.

These propositions were favorably entertained by most of the governments to which they were submitted, but no formal convention for their recognition was negotiated between them and the United States.

The congress of Paris, at which most of the European powers were represented, adopted, upon the 16th of April, 1856, an agreement embracing substantially these principles, with two additional propositions; all of which were embodied in a declaration composed of four articles, namely:

• Privateering is and remains abolished.
• The neutral flag covers enemy’s goods, with the exception of contraband of war.
• Neutral goods, with the exception of contraband of war, are not liable to capture under enemy’s flag.
• 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.

The congress further agreed to invite the maritime states not represented in that body to accede to these propositions, and the assent of the government of the United States was asked to them accordingly.

The then President of the United States, Franklin Pierce, did not accede to the stipulations of the convention, but proposed an amendment to the first article which should exempt the private property of individuals, though belonging to belligerent states, from seizure or confiscation by national vessels in maritime war; and the ministers of the United States at Paris and London were instructed to inform the governments to which they were accredited that the United States would accede to the four points above recited, provided the first of them should be amended to the effect proposed by the President.

Neither of these governments is understood to have objected to this amendment, but the negotiations were not prosecuted to a conclusion.

The President of the United States adheres to the opinion expressed by his predecessor, that it would be eminently desirable for the good of all nations that the property and effects of private individuals, not contraband, should be exempt from seizure and confiscation by national vessels in maritime war. But the proposal to that effect not having been accepted by the nations represented in the congress of 1856, he now offers to accede to the invitation of the powers, and to accept the declaration promulgated by it, deferring to a future occasion the further prosecution of negotiations for the general adoption of the amendment above specified.

The undersigned is invested with full powers to conclude, on the part of the President, a convention between the government of the United States and that of his Majesty the King of Italy for the adoption of the declaration of the congress of Paris, and begs leave to invite the attention of his excellency the minister of foreign affairs to the proposal.

The undersigned avails himself of this occasion to renew to his excellency the minister of foreign affairs the assurance of his most distinguished consideration.