Le présent Acte d'Accession sera ratifié dans les 3 mois qui suivront la remise de l'Acte d'Acceptation, et avant l'expiration du dit terme il sera procédé à l'échange des Instrumens de Ratification de l'Accession d'une part, et de Ratification de l'Acceptation d'autre part. En foi de quoi Nous, Plénipotentiaire de Sa Majesté Sarde, avons, en vertu de nos Pleins-pouvoirs, dont Copie restera ci-jointe, signé le présent Acte d'Accession. - Fait à Vienne, le 10 Septembre, 1817. ད་ LE COMTE ROSSI. [Ratifié par Sa Majesté, le 1er Novembre, 1817.} (2.)—Acte d'Acceptation. Sa Majesté le Roi de Sardaigne, ayant accédé au Traité Définitif conclu et sigué à Paris, le 20 Novembre, 1815, par un Acte d'Accession délivré par le Sieur Joachim Alexandre, Comte de Rossi, etc. etc., son Envoyé Extraordinaire, et Ministre Plénipotentiaire près Sa Ma jesté Impériale, Royale, Apostolique, muni des Pleins-pouvoirs de Sa dite Majesté le Roi de Sardaigne, duquel Acte d'Accession la teneur suit ici de mot à mot: "Sa Majesté le Roi de Sardaigne ayant été amicalement invité, etc." Sa Majesté l'Empereur d'Autriche a autorisé le Soussigné, Son Ministre d'Etat et des Affaires Etrangères, à accepter formellement en Son nom la dite Accession. Le Soussigné déclare en conséquence, que Sa Majesté Impériale et Royale Apostolique accepte, par le present Acte, l'Accession de Sa "Majesté le Roi de Sardaigne, s'engageant réciproquement envers Elle à concourir de son côté à l'accomplissement des obligations contenues dans le dit Traité, pour autant qu'elles peuvent concerner Sa dite Majesté Impériale. Le présent Acte d'Acceptation sera ratifié dans le terme de 3 mois, et avant l'expiration du dit terme il sera procédé à l'échange des Instrumens respectifs de Ratification de l'Accession et de l'Accepta-" tion. i En foi de quoi Nous, Ministre d'Etat et des Affaires Etrangères de Sa Majesté l'Empereur d'Autriche, avons signé le present Acte d'Acceptation, et y avons fait apposer le cachet de nos Armes. Fait à Vienne, le 20 Septembre, 1817. " METTERNICH. [Ratifié par Sa Majesté l'Empereur d'Autriche, le 20 Août, 1818.7 MESSAGE of the President of The United States to Congress, relative to the Neutral Obligations of The United States towards Belligerent Poners.—26th December, 1816. TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES. IT is found that the existing Laws have not the efficacy necessary to prevent violations of the obligations of The United States, as a Nation at peace towards Belligerent Parties, and other unlawful acts on the High Seas, by armed Vessels, equipped within the waters of The United States. With a view to maintain more effectually the respect due to the Laws, to the character, and to the neutral and pacific relations of The United States, I recommend to the consideration of Congress, the expediency of such further Legislative Provisions as may be requisite for detaining Vessels, actually equipped, or in a course of equipmeut, with a warlike force, within the jurisdiction of The United States; or, as the case may be, for obtaining from the Owners or Commanders of such Vessels, adequate security against the abuse of their armaments, with the exceptions in such provisions proper for the cases of Merchant Vessels, furnished with the defensive armaments usual on distant and dangerous Expeditions; and of a private commerce in military stores, permitted by our Laws, and which the Law of Nations does not require The United States to prohibit. JAMES MADISON. CORRESPONDENCE relative to the Neutral Obligations of The United States towards Belligerent Powers.*—1816, 1817. (1.)-The Chairman of the Committee of Foreign Relations to the Secretary of State. SIR, Washington, 1st January, 1817. I AM instructed by the Committee of Foreign Relations to inquire: what information has been given to the Department of State, of violations or intended violations of the Neutral Obligations of The United States to Foreign Powers, by the arming and equipment of Vessels of War in our Ports; what prosecutions have been commenced under the existing Laws to prevent the commission of such offences; what Documents accompanying a Bill to prevent Citizens of The United States from selling Vessels of War to the Citizens or Subjects of any Foreign Power, &c.; laid before Congress, 14th January, 1817. [1816-17.] 3 H 1 Persons prosecuted have been discharged, in consequence of the defects of the Laws now in force; and the particular provisions that have been found insufficient, or for the want of which, Persons deserving punishment have escaped. I have the honor to be, &c. The Hon. James Monroe. SIR, JOHN FORSYTH. (2.)-Mr. Monroe to Mr. Forsyth. Department of State, 6th January, 1817. HAVING Communicated to you, verbally, the information asked for by your Letter of the 1st instant, except so far as relates to the last inquiry it contains; I have now the honor to state, that the provisions necessary to make the Laws effectual against fitting out Armed Vessels in our Ports, for the purpose of hostile cruising, seem to be: 1st. That they should be laid under Bond, not to violate the Treaties of The United States, or the obligations of The United States under the Law of Nations, in all cases where there is reason to suspect such a purpose on foot; including the cases of Vessels taking on board arms and munitions of War, applicable to the equipment and armament of such Vessels, subsequent to their departure. 2nd. To invest the Collectors, or other Revenue Officers where there are no Collectors, with power to seize and detain Vessels, under circumstances indicating strong presumption of an intended breach of the Law: the detention to take place until the Order of the Executive, on a full representation of the facts had thereupon, can be obtained. The Statute Book contains analogous powers to this above suggested. See particularly the 11th Section of the Act of Congress of April 25, 1808. The existing Laws do not go to this extent. They do not authorize the demand of security in any shape, or any interposition on the part of the Magistracy as a preventive, where there is reason to suspect an intention to commit the offence. They rest upon the general footing of punishing the offence merely where, if there be full evidence of the actual perpetration of the crime, the Party is handed over, after trial, to the penalty denounced. SIR, Chairman of the Committee of Foreign Relations. (3.)-Mr. Monroe to Mr. Forsyth. Department of State, 10th January, 1817. In addition to the Letter which I wrote to you on the 6th, in reply to the one which you wrote to me on the 1st instant, I have the honor to state, that information has been received at this Department, from various sources, that Vessels have been armed aud equipped in our Ports, for the purpose of cruising against the commerce of Nations in amity with The United States, and no doubt is entertained that this information was in some instances correct. The Owners of these Vessels have, however, generally taken care, so to conceal these armaments and equipments, and the object of them, as to render it extremely difficult, under existing circumstances, to prevent or punish this infraction of the Law. It has been represented: 1st. That Vessels belonging to Citizens of The United States, or Foreigners, have been armed and equipped in our Ports, and have cleared out from our Custom-houses, as Merchant Vessels; and, after touching at other Ports, have hoisted the Flag of some of the Belligerents, and cruised under it against the commerce of Nations in amity with The United States. 2ndly. That in other instances other Vessels, armed and equipped in our Ports, have hoisted such Flags after clearing out and getting to sea, and have, in like manner, cruised against the commerce of Nations in amity with The United States, extending their depredations, in a few cases, to the property of Citizens of The United States. 3dly. That in other instances, Foreign Vessels have entered the Ports of The United States, and, availing themselves of the privileges allowed by our Laws, have, in various modes, augmented their armaments, with pretended commercial views,-have taken on board Citizens of The United States, as Passengers, who, on their arrival at Neutral Ports, have assumed the character of Officers and Soldiers in the Service of some of the Parties in the Contest now prevailing in our Southern Hemisphere. Information, founded upon these representations, has, from time to time, been given to the Attorneys and Collectors of the respective Districts in which the armaments are stated to have been made; but from the difficulty of obtaining the necessary evidence to establish facts on which the Law would operate, few prosecutions have been instituted. In reply to your second Inquiry, I beg leave to refer to the Communication from the Secretary of the Treasury to the Committee of Ways and Means, during the last Session of Congress, in the Case of the American Eagle, and to the Papers enclosed herewith. I have the honor to be, &c. The Hon. John Forsyth. JAMES MONROE. (4.)-John Dick, Esq., Attorney of The United States for the District of Louisiana, to the Secretary of State. (Extract.) 1st March, 1816. ATTEMPTS to violate the Laws, by fitting out and arming, and by augmenting the force of Vessels, have, no doubt, been frequent; but certainly in no instance successful, except where conducted under circumstances of concealment that eluded discovery, and almost suspicion; or where carried on at some remote part of the Coast, beyond the reach of detection or discovery. In every instance where it was known that these illegal acts were attempting, or where it was afterwards discovered that they had been committed, the Persons engaged, as far as they were known, have been prosecuted, while the Vessels fitted out, or attempted to be fitted out, have been seized and libelled under the Act of the 5th of June, 1794, and when captures have been made by Vessels thus fitted out and armed, or in which their force was augmented, or increased within our waters, where the Property taken was brought within our jurisdiction, or even found upon the high seas by our Cruisers and brought in, it has been restored to the original Spanish Owners, and, in some instances, damages awarded against the Captors. The following Enumeration of the Cases in which Individuals have been prosecuted for infringing, or attempting to infringe our Neutrality, in aid of the Governments of New Spain, and in which Vessels have been seized and libelled, under the Act of the 5th June, 1794, together with a list of the Vessels and property restored to the original Spanish Owners, (confining the whole to the operations of the year commencing March, 1815, and ending February, 1816,) will show more conclusively, perhaps, than any thing else can, how totally without foundation are the complaints, and how misplaced are the assertions of the Minister of Spain on this head. Names of Individuals prosecuted in the District Court of The United States, for the Louisiana District, during the year 1815, for violating, or attempting to violate, the Neutrality of The United States, in aid of the Governments of the United Provinces of New Granada, and of the United Provinces of Mexico. Jose Alvarry Toledo, Julius Cæsar Amigone, Vincent Gambie, John Robinson, Romain Very, Bernard Bourden.. ...... List of Vessels libelled for illegal outfits of the same Governments, during the same period. ...... restored. Brig Flora Americana, ...... condemned, Schooner General Bolivar, .................... discontinued. Schooner Eugenen, alias Indiana, ........................................... Condemned. ...................... Schooner Two Brothers, ................................................. restored.. 1 Enumeration of Vessels and Property brought within the Louisiana District, captured under the Flags, and by authority of the Governments, of New Granada, and of Mexico, libelled on the part of the |
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