Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part I
No. 440.
Mr. Andrews to Mr. Fish.
Stockholm, April 8, 1872. (Received April 25.)
Sir: I have the honor to inclose a translation into English of the neutrality law of Sweden, proclaimed April 8, 1864, and still in force. Also a printed copy of the law in the Swedish and French languages. A copy of the latter I have also transmitted to the agent of the United States at the Geneva arbitration, for the use of the counsel.
This law is identical with the neutrality law of Norway, as I am today informed by Baron V. Essen, chief secretary in the royal foreign office.
A peculiarity of the law is that there is no penalty affixed for its violation, save a warning that a Swedish subject getting into difficulty from having violated it need expect no protection from his government.
I am, &c.,
[The Swedish neutrality law, as published in “Svensh for fattnings Samling” the Swedish collected statutes,) 1854, No. 20.]
Ordinance of the King relative to what should be observed for the security of the commerce and navigation of Sweden in time of war between foreign powers. Given at the palace of Stockholm, April 8, 1854.
We, Oscar, by the grace of God, King of Sweden and Norway, the Goths and Vandals, make known that, having recognized the necessity, in view of the collisions which are liable to occur between foreign maritime powers, that those of our faithful subjects who carry on commerce and navigation observe rigorously the obligations and precautions requisite for insuring to the Swedish flag all the rights and privileges which belong to it as neutral, and to avoid also everything which can in any manner render it suspected by the belligerent powers and expose it to insults, we have deemed it proper, revoking that which has heretofore been fixed in that regard, to ordain that the following regulations henceforth he generally observed:
- § 1.
- In order to be able to enjoy the fights and privileges belonging to the Swedish flag as neutral, every Swedish vessel must be furnished with documents which, according to existing ordinances, are required to state its nationality, and these documents must he always found on board the vessel during its voyages.
- § 2.
- Masters of vessels are prohibited from having false or double ship’s records, and bills of lading, as well as from hoisting a foreign Hag on auy occasion or under any pretext whatever.
- § 3.
- Should it happen that during the stay of a Swedish vessel in a foreign country the ship’s crew, either “by desertion, death, sickness, or other cause, shall be diminished to such an extent as to he no longer sufficient for the management of the ship, and that thereby foreign sailors must be engaged, they must be taken, in preference, from among the subjects of neutral powers: but in any case the number of subjects of belligerent powers which are found on board the vessel must not exceed a third of the total ship’s crew. Every change of this nature in the personnel of the vessel, with the causes which have led thereto, must he indicated by the captain on the roll of the ship’s crew; and the fidelity of this record must be certified by a competent Swedish [Page 600] consul or vice-consul, or in case no such officer is found in the place, by the municipal authority, notary public, or some other person of similar authority, according to the custom of the respective countries.
- § 4.
- Swedish vessels, as neutral, can freely sail to the harbors and coasts of nations at war. Nevertheless, masters must abstain from every attempt to enter into a blockaded port when they shall have been formally notified of the condition of the port by the officer who commands the blockade. By a blockaded port is understood one which is so closed by one or more of the enemy’s war-vessels stationed there, that a vessel cannot enter without evident danger.
- § 5.
- All merchandise and property of subjects of belligerent powers, excepting contraband of war, can be freely carried on board of Swedish vessels in their quality of neutral. By contraband of war is understood the following articles: cannons, mortars, arms of every sort, bombs, grenades, shot, flints, matches, powder, saltpeter, lead, cuirasses, pikes, belts, cartridge-boxes, saddles, and bridles, as well as all fabrications which can be used directly in the practice of war, excepting, nevertheless, a quantity of these articles which may be necessary for the defense of the vessel and crew. In case where, with reference to the defining of articles contraband of war, changes or additions must be introduced in consequence of treaties with foreign powers, the same shall be further prescribed.
- § 6.
- Masters of Swedish vessels are prohibited from allowing the vessel which they conduct to transport for any of the belligerent powers dispatches, troops, or munitions of war, unless they are constrained thereto by actual force, in which case they must protest formally against such compulsion,
- § 7.
- Vessels of belligerent powers can import into and export from Swedish ports all commodities and merchandise, provided they comply with the general tariff law, excepting such as are considered contraband of war.
- § 8.
- Every Swedish subject is prohibited from arming or equipping vessels to be employed against any of the belligerent powers, their subjects and property, or to engage in the equipment of vessels having such a destination. He is equally forbidden to engage in service on board a foreign cruiser.
- § 9.
- No foreign cruiser shall be permitted to enter into a Swedish port or remain in Swedish roads. Prize-vessels shall not be brought into Swedish harbors, except in case of evident distress; neither be adjudged as prizes nor sold therein. Our subjects are also forbidden to buy captured goods of privateers of any sort whatever.
- § 10.
- When a master of a Swedish vessel sailing without armed convoy is met on high sea by any war-vessel of one of the belligerents having the right to examine his ship’s papers, he must neither refuse or seek to evade such examination; but he is bound to produce his papers loyally and without delay, as well as observe that neither before nor during the visitation any of the documents concerning the vessel or cargo be destroyed, concealed, or thrown into the sea.
- § 11.
- When merchant-vessels sail under convoy of vessels of war, the masters must conform themselves to what is prescribed in the royal ordinance of the 10th of June, 1812.
- § 12.
- When a master of a Swedish vessel observes everything above prescribed he shall enjoy, according to treaties and the law of nations, free and unmolested navigation; and if, notwithstanding, he is molested he has right to rely upon the most energetic assistance on the part of our ministers and consuls abroad, in all just demands which he can make to obtain reparation and indemnity; on the contrary, any master of a Swedish vessel who omits and neglects to observe what has just been prescribed for his conduct may blame only himself for the inconveniences which may result from such neglects, without counting upon our protection.
- § 13.
- In case a Swedish vessel is seized, the master must send to the Swedish consul or vice-consul, if there is one in the port where his vessel is taken, otherwise to the nearest Swedish consul or vice-consul, a complete and duly certified report of the circumstances of this seizure with all the details.
All concerned must implicitly obey what is above prescribed. In faith of which we have signed this with our own hand, and have caused to be placed thereto our royal seal.
J. F. Fahraeus.
Ordinance of the King concerning the interpretation of the fifth section of the royal ordinance of April 8, 1854, concerning what must be observed for the safety of commerce, &c &c.
We, Charles, &c., &c., * * * * make known that the fifth section of the royal ordinance of the 8th of April, 1854, &c., having given rise to different interpretations, we have judged it good and useful to declare that the restriction carried by the said section to the right of carrying, in Swedish vessels, goods contraband of war does not apply to the case where goods of this description which do not belong, or which are [Page 601] not destined, to belligerent powers or their subjects, are carried in Swedish vessels-between the ports of neutral powers. (Ending the same as close of § 13 above.)
Axel Adlerckentz.
Then follows notice published in the official newspaper, “Post oct Inrikes Tidninga,” June 21, 1856. That the King adheres to the principles of maritime law in time of war, contained in the declaration signed by the powers which have taken part in the negotiations of peace at Paris, the 16th of April last.
- 1.
- Privateering is and remains abolished.
- 2.
- Neutral flags cover the enemies merchandise with the exception of contraband of war.
- 3.
- Neutral merchandise, with the exception of contraband of war, is not seizable under the enemies’ flag.
- 4.
- Blockades to be obligatory must be effective, that is to say, maintained by a sufficient force to actually prohibit access to the shores of the enemy’s coast.