of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having, as to neutral powers, equal rights. Our ports have been open to both, and every article, the fruit of our soil or of the industry of our citizens, which either was permitted to take, has been equally free to the other." President Monroe, annual message, Dec. 2, 1817, Richardson's Messages, See, to the same effect, President Monroe's annual message, Dec. 7, 1819, Similar declarations were made in President Monroe's second inaugural address, 1821, in which he also declared that "the neutrality heretofore observed should still be adhered to." (Id. 88-89.) "This contest [between Spain and her colonies] was considered at an early stage by my predecessor a civil war in which the parties were entitled to equal rights in our ports. This decision, the first made by any power, being formed on great consideration of the comparative strength and resources of the parties, the length of time, and successful opposition made by the colonies, and of all other circumstances on which it ought to depend, was in strict accord with the law of nations. Congress has invariably acted on this principle, having made no change in our relations with either party. Our attitude has therefore been that of neutrality between them, which has been maintained by the government with the strictest impartiality. No aid has been afforded to either, nor has any privilege been enjoyed by the one which has not been equally open to the other party, and every exertion has been made in its power to enforce the execution of the laws prohibiting illegal equipments with equal rigor against both.. "By this equality between the parties their public vessels have been received in our ports on the same footing; they have enjoyed an equal right to purchase and export arms, munitions of war, and every other supply, the exportation of all articles whatever being permitted under laws which were passed long before the commencement of the contest; our citizens have treated equally with both, and their commerce with each has been alike protected by the Government.” President Monroe, second inaugural address, March 5, 1821; Richardson's "The Government of the United States has been sincerely disposed to The Government of the United States having recognized the existence of a civil war between Spain and Buenos Ayres and avowed a determination to remain neutral between the parties, and to allow to each the same rights of asylum and hospitality and intercourse, each party is to be deemed a belligerent nation, having sovereign rights of war, though the independence of the colony has not been acknowledged by us. All captures made by each must be considered as having the same validity, and all the immunities which may be claimed by public ships in our ports, under the law of nations, must be considered by the courts as equally the right of each. The Santissima Trinidad, 7 Wheat. 283. The admission of armed ships of a belligerent, whether men-ofwar or private armed cruisers, with their prizes, into the territorial waters of a neutral for refuge, whether from chase or from the perils of the sea, is a question of mere temporary asylum, accorded in obedience to the dictates of humanity, and to be regulated by specific exigency. The right of asylum is, nevertheless, presumed where it has not been previously denied. Cushing, At. Gen., 1855, 7 Op. 122. Privateers are not held as equally entitled with ships of war to the right of asylum; and neutral nations not infrequently exclude them from their ports. Cushing, At. Gen., 1855, 7 Op. 122. 2. LIMITATION OF STAY AND SUPPLIES. § 1315. Under Article XVII. of the treaty with France of 1778, the men-ofwar of the enemies of France were forbidden to bring their prizes into the ports of the United States, and a direction for the enforcement of this obligation was embraced in the instructions to collectors of customs of Aug. 4, 1793. But, with this exception, belligerent men-of-war were permitted to enter the ports of the United States by the letter of Sept. 9, 1793, "which concedes to them our ports as a refuge in case of necessity and a resort for comfort or convenience, without limiting the time of their stay." Mr. Randolph, Sec. of State, to governor of Virginia, May 8, 1795, 8 MS. See, also, Mr. Randolph, Sec. of State, to Mr. Hammond, British min., That the misconduct, however, of belligerent cruisers in neutral waters affirmed by Mr. Jefferson in his proclamation of Nov. 19, 1807, ordering the departure of the British squadron from the waters of the United States. (Am. State Papers, For. Rel. III. 23.) August 15, 1861, Mr. Seward instructed Mr. Pike, at The Hague. to represent to the Government of the Netherlands that the Dutch authorities at Curaçao had permitted the Confederate cruiser Sumter, which Mr. Seward described as a "privateer," to enter that port and take in 120 tons of coal and a quantity of provisions, besides showing her other hospitalities. Mr. Seward intimated that a claim might later be presented for damages " for so great a violation of the rights of the United States," and directed Mr. Pike, besides asking for explanations, to say that if the facts were as stated the United States would expect the Dutch Government to disown the action of the authorities at Curaçao, cause the governor of the island to feel its severe displeasure, and adopt efficient means to prevent the recurrence of such proceedings. An elaborate reply was made by Baron Van Zuylen, Dutch minister of foreign affairs, September 17, 1861. He pointed out that the neutrality proclamation of the Netherlands prohibited the entrance of privateers into Dutch ports, except in case of distress, but affirmed that the Sumter was not a privateer, but a ship of war duly commissioned by the government of the Confederate States. He then argued at great length in favor of the right to grant asylum in such cases, referring, among other things, to the asylum accorded by the Netherlands to the ships of John Paul Jones, whose surrender the British Government demanded as pirates. Mr. Seward, writing to Mr. Pike on the 17th of October, declared that the Sumter "was, by the laws and express declaration of the United States, a pirate," and protested against her receiving the treatment of a man-of-war. Baron Van Zuylen stated, on Oct. 29, 1861, that in consequence of Mr. Seward's representations, new instructions had been given to the governors of Curaçao and Surinam; that these instructions applied impartially to both parties to the conflict in the United States; that these instructions permitted men-of-war of the belligerents to sojourn in the ports of the Dutch West Indies not more than 48 hours; and that privateers, with or without prizes, remained excluded altogether, except as before. Mr. Seward, Sec. of State, to Mr. Pike, Aug. 15, 1861, Dip. Cor. 1861, 341; Mr. Seward wrote to Mr. Pike, Nov. 23, 1861: "Felicitate the Govern- auguries of good and cordial relations between friends too old to be alienated thoughtlessly or from mere impatience." (Dip. Cor. 1861, 371.) Special attention may be directed to the note of Baron Van Zuylen of Sept. 17, 1861, as a singularly forcible and able discussion of the question of asylum. "Whereas on the 22d day of August, 1870, my proclamation was issued [see infra, § 1319, p. 1007], enjoining neutrality in the present war between France and the North German Confederation and its allies, and declaring, so far as then seemed to be necessary, the respective rights and obligations of the belligerent parties and of the citizens of the United States; and whereas subsequent information gives reason to apprehend that armed cruisers of the belligerents may be tempted to abuse the hospitality accorded to them in the ports, harbors, roadsteads, and other waters of the United States, by making such waters subservient to the purposes of war: Now, therefore, I, Ulysses S. Grant, President of the United States of America, do hereby proclaim and declare that any frequenting and use of the waters within the territorial jurisdiction of the United States by the armed vessels of either belligerent, whether public ships or privateers, for the purpose of preparing for hostile operations, or as posts of observation upon the ships of war or privateers or merchant vessels of the other belligerent lying within or being about to enter the jurisdiction of the United States, must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the determination of this Government to observe; and to the end that the hazard and inconvenience of such apprehended practices may be avoided, I further proclaim and declare that, from and after the 12th day of October instant, and during the continuance of the present hostilities between France and the North German Confederation and its allies, no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, roadstead, or other waters within the jurisdiction of the United States as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or privateer of either belligerent shall be permitted to sail out of or leave any port, harbor, or roadstead, or waters subject to the jurisdiction of the United States from which a vessel of the other belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the jurisdiction of the United States. If any ship of war or privateer of either belligerent shall, after the time this notification takes effect, enter any port, harbor, roadstead, or waters of the United States, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, harbor, roadstead, or waters, except in case of stress of weather or of her requiring provisions or things necessary for the subsistence of her crew, or for repairs; in either of which cases the authorities of the port or of the nearest port (as the case may be) shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel which may have been permitted to remain within the waters of the United States for the purpose of repair shall continue within such port, harbor, roadstead, or waters for a longer period than twentyfour hours after her necessary repairs shall have been completed, unless within such twenty-four hours a vessel, whether ship of war, privateer, or merchant ship of the other belligerent, shall have departed therefrom, in which case the time limited for the departure of such ship of war or privateer shall be extended so far as may be necessary to secure an interval of not less than twenty-four hours between such departure and that of any ship of war, privateer, or merchant ship of the other belligerent which may have previously quit the same port, harbor, roadstead, or waters. No ship of war or privateer of either belligerent shall be detained in any port, harbor, roadstead, or waters of the United States more than twenty-four hours, by reason of the successive departures from such port, harbor, roadstead, or waters of more than one vessel of the other belligerent. But if there be several vessels of each or either of the two belligerents in the same port, harbor, roadstead, or waters, the order of their departure therefrom shall be so arranged as to afford the opportunity of leaving alternately to the vessels of the respective belligerents, and to cause the least detention consistent with the objects of this proclamation. No ship of war or privateer of either belligerent shall be permitted, while in any port, harbor, roadstead, or waters within the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel, if without sail power, to the nearest European port of her own country; or in case the vessel is rigged to go under sail, and may also be propelled by steam power, then with half the quantity of coal which she would be entitled to receive if dependent upon steam alone; and no coal shall be again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead, or waters of the United States, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within the waters of the United States, unless such ship of war or privateer shall, since last thus supplied, |