578
THE HONGKONG GOVERNMENT GAZETTE, 11TH JUNE, 1898.
I decree as follows :-
ART. I. The state of war existing between Spain and the United States terminates the Treaty of Peace and Friendship of the 27th October, 1795, the Protocol of the 12th January, 1877, and all other agreements, compacts, and conventions that have been in force up to the present between the two countries.
ART. II. A term of five days from the date of the publication of the present Royal Decree in the Madrid Gazette is allowed to all United States' ships anchored in Spanish ports, during which they are at liberty to depart.
ART. III. Notwithstanding that Spain is not bound by the Declaration signed in Paris on the 16th April. 1856, as she expressly stated her wish not to adhere to it, my Government, guided by the principles of international law, intends to observe and hereby orders that the following Regulations for maritime law be observed :--
(a.) A neutral flag covers the enemy's goods, except contraband of war.
(b.) Neutral goods, except contraband of war, are not liable to confiscation under the enemy's
flag.
(c.) A blockade to be binding must be effective; that is to say, maintained with a sufficient
force to actually prevent access to the enemy's coast.
ART. IV. The Spanish Government, while maintaining their right to issue letters of marque, which they expressly reserved in their note of the 16th May, 1857, in reply to the request of France for the adhesion of Spain to the Declaration of Paris relative to Martime Law, will organize for the present a service of "Auxiliary Cruisers of the Navy," composed of ships of the Spanish Mercantile Navy, which will co-operate with the latter for the purposes of cruising, and which will be subject to the statutes and jurisdiction of the navy.
ÁRT. V. In order to capture the enemy's ships, to confiscate the enemy's merchandise under their own flag, and contraband of war under any flag, the Royal Navy, auxiliary cruisers, and priva- teers, if and when the latter are authorized, will exercise the right of visit on the high seas and in the territorial waters of the enemy, in accordance with international law and any regulations which may be published for the purpose.
ART. VI. Under the denomination contraband of war, the following articles are included :----
Cannons, machine-guns, mortars, guns, all kinds of arins and fire-arms, bullets, bombs, grenades, fuzes, cartridges, matches, powder, sulphur, saltpetre, dynamite, and every kind of explosive, articles of equipment like uniforms, straps, saddles and artillery and cavalry harness, engines for ships and their accessories, shafts, screws, boilers and other articles used in the construction, repair, and arming of war-ships, and in general all warlike instruments, utensils, tools, and other articles, and whatever may hereafter be determined to be contraband.
ART. VII. Captains, Commanders, and officers of non-American vessels or of vessels manned as to one-third by other than American citizens, captured while committing acts of war against Spain, will be treated as pirates, with all the rigour of the law, although provided with a licence issued by the Republic of the United States.
ART. VIII. The Minister of State and the Minister of Marine are charged to see the fulfilment of the present Royal Decree and to give the orders necessary for its execution.
MARIA CRISTINA.
Madrid. April 23, 1898.
Foreign Office, May 3, 1898.
THE Secretary of State for Foreign Affairs has received through Her Majesty's Embassy at Madrid the following translation of the Instructions, drawn up by the Spanish Minister of Marine, for exercising the right of visit in accordance with Article 5 of the Royal Decree which was issued on the 23rd of April, 1898.
(Translation.)
Your Excellency,
Royal Order.
HIS Majesty the King, and in his name the Queen-Regent, have been pleased to approve of the annexed instructions for exercising the right of visit. They have been drawn up by the Minister of Marine in accordance with Article 5 of the Royal Decree issued by the President of the Council of Ministers on yesterday's date.
Madrid, April 24, 1898.
To the President of the Council of the Fleet.
(Signed)
SEGISMUNDO BERMEJO.
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