Mr. Sanford to Mr. Seward, July 2, 1861
Mr. Sanford to Mr.
Seward.
States,
Brussels,
July 2, 1861.
Sir: Referring to a conversation detailed in my
despatch. No. 9, I have the honor to enclose a notice published in the
official journal (the Moniteur) of the 25th
ultimo, in which, basing its action upon the stipulations of the
declaration of the congress of Paris of April 16, 1856, it is announced
that instructions have been addressed to the judicial, maritime, and
military authorities to inform them that privateers of no nation or
flag, alone or with their prizes, will be permitted, save in cases of
extreme danger by stress of weather, to enter the ports of Belgium;
enjoining upon them to recognize no commission or letter of marque as
having validity; and warning all subject to the Belgian laws that in
taking part or service in any privateers they incur risk of being
treated as pirates abroad, and of being prosecuted with the utmost rigor
of the laws at home. In thanking the acting minister for this prompt
response to my request, I observed that while this was sufficient, in so
far as it went, for the occasion that called it forth—as we had, and
expected to have, no privateers upon the sea at this time—still, so long
as we were not a party to the declaration of Paris, the employment of
privateers by the United States was undoubtedly as much a belligerent
right as the employment of militia on land; and in the event of a
foreign war we should expect, on the part of friendly powers, no such
impediment to its exercise by any injurious distinction between it and
the other arms of the public service.
* * * * * *
I have the honor to be, with great respect, your most obedient
servant,
[Translation.]
Belgium has given its adhesion to the principles laid down in the
declaration of the congress of Paris of April 16, 1856. This
adhesion was published, together with said declaration, in the
Belgian Moniteur of June 8, 1856.
The commercial public is notified that instructions on this subject
have been given to the judicial, maritime, and military authorities,
warning them that privateers, under whatever flag or commission, or
letters of marque, are not to be allowed to enter our ports except
in case of imminent perils of the sea. The aforesaid authorities are
charged, consequently, to keep a strict watch upon all such
privateers and their prizes, and to compel them to put to sea again
as soon as practicable.
The same authorities have been charged not to recognize the validity
of any commission or letter of marque whatsoever.
All persons subject to the laws of Belgium, who shall fit out or take
any part in any privateering expedition, will therefore expose
themselves to the danger, on the one hand, of being treated as
pirates abroad, and, on the other, to prosecution before Belgian
tribunals with all the rigor of the laws.