Attempts to modify the harshness of the rules relative to capture of private property on water have been made from time to time, but all the progress yet made has been the abolition of privateering and greater protection for the rights of neutrals.

The law on this point at the present time is found in the declaration of Paris (1856), which was as follows:

"The plenipotentiaries who signed the treaty of Paris of the 30th of March) 1856, assembled in conference - considering:

"That maritime law, in time of war, has long been the subject of deplorable disputes.

"That the uncertainty of the law, and of the duties in such a matter, give rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts.

"That it is consequently advantageous to establish a uniform doctrine on so important a point.

"That the plenipotentiaries assembled in congress at Paris cannot better respond to the intentions by which their governments are animated than by seeking to introduce into international relations fixed principles in this respect.

"The above mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object, and, having come to an agreement, have adopted the following solemn declaration:

"1. Privateering is, and remains abolished.

"2. The neutral flag covers enemy's goods, with the exception of contraband of war.

"3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.

"4. 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 governments of the undersigned Plenipotentiaries engage to bring the present Declaration to the knowledge of the states which have not taken part in the Congress of Paris, and to invite them to accede to it.

"Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their governments to obtain the general adoption thereof will be crowned with full success.

"The present Declaration is not and shall not be binding except between those Powers who have acceded or shall accede to it."

"This Declaration of the six powers of the Paris conference was communicated to other states, and it was stated, in a memorandum of the French Minister of Foreign Affairs to the Emporer, dated June 12, 1858, that the following powers had signified their full allegiance to the four principles - viz.: Baden, Bavaria, Bremen, Brazil, the Duchy of Brunswick, Chili, the Argentine Republic, the German Confederation, Denmark, the two Sicilies, Ecuador, the Roman states, Greece, Guatemala, Hayti, Hamburg, Hanover, the two Hesses, Lubeck, Mecklenburg-Strelitz, Mecklen-burg-Schwerin, Nassau, Oldenburg-Parma, the Netherlands, Peru, Portugal, Saxony, Saxe-Altenburg, Saxe-Coburg-Gotha, Saxe-Meiningen, Saxe-Weimar, Sweden, Switzerland, Tuscany and Wurtemberg. The executive government of Uruguay also gave its full consent to all the four principles subject to the ratification of the legislature. Spain and Mexico adopted the last three as their own, but, on account of the first article, declined acceding to the entire Declaration. The United States adopted the second, third and fourth propositions, independently of the first, offering, however, to adopt that also with the following amendment, or additional clause, 'and the private property of subjects or citizens of a belligerent on the high seas, shall be exempt from seizure by the public armed vessels of the other belligerent except it be contraband.' The proposition thus extended has been accepted by Russia, and some other states have signified their approbation of it." 8

Both the United States and Spain abided by the provisions of the declaration of Paris, during their recent war.