Mr. Perry to Mr.
Seward.
No. 7.]
Legation of the United
States,
Madrid,
June 19, 1861.
Sir: I have the honor to enclose the royal
decree, published by the official gazette this morning, with its
translation, (explained in No. 6.)
The minister of state has to-day, whilst acknowledging that its
provisions are in great part taken from the French decree, drawn my
attention to the fact that he has avoided the use of the expression belligerents as far as possible, or any other
which could be considered as prejudging the question of right in any
manner.
He also drew my attention to the fact that, though the decree proclaims
neutrality, it expressly prohibits any supplies to be furnished to
privateers in the Spanish ports, whilst vessels-of-war may be provided
and equipped with all they need; and this provision tells exclusively
against the party issuing letters of marque.
The preamble also is less objectionable than some other documents which
have seen the light in Europe.
With the highest respect, sir, your obedient servant,
Hon. Wm. H. Seward, Secretary of State.
[Translation.]
ministry of state.—royal decree.
Taking into consideration the relations which exist between Spain and
the United States of America, and the desirability that the
reciprocal sentiments of good intelligence should not be changed by
reason of the grave events which have taken place in that republic,
I have resolved to maintain the most strict neutrality in the
contest begun between the federal States of the Union and the States
confederated at the south; and in order to avoid the damage which
might come to my subjects and to navigation, and to commerce, from
the want of clear provisions to which to adjust their conduct in
consonance with my council of ministers, I do decree the
following:
Article 1. It is forbidden in all the ports
of the monarchy to arm, provide, or equip any privateer vessel,
whatever may be the flag she displays.
[Page 264]
Art. 2. It is forbidden in like manner to
the owners, masters, or captains of merchant vessels to accept
letters of marque, or contribute in any way whatsoever to the
armanent or equipment of vessels-of-war or privateers.
Art. 3. It is forbidden to vessels-of-war
or privateers with their prizes to enter or to remain for more than
twenty-four hours in the ports of the monarchy, except in case of
stress of weather. Whenever this last shall occur, the authorities
will keep watch over the vessel and oblige her to get out to sea the
soonest possible without permitting her to take in any stores except
the purely necessary for the moment, but in no case arms nor
supplies for war.
Art. 4. Articles proceeding from prizes
shall not be sold in the ports of the monarchy.
Art. 5 The transportation under the Spanish
flag of all articles of commerce is guaranteed, except when they are
directed to blockaded ports. The transportation of effects of war is
forbidden, as well as the carrying of papers or communications for
belligerents. Transgressors shall be responsible for their acts, and
shall have no right to the protection of my government.
Art. 6. It is forbidden to all Spaniards to
enlist in the belligerent armies or take service on board of
vessels-of-war or privateers.
Art. 7. My subjects will abstain from every
act which, in violation of the laws of the kingdom, can be
considered as contrary to neutrality.
Art. 8. Those who violate the foregoing
provisions shall have no right to the protection of my government,
shall suffer the consequences of the measures which the belligerents
may dictate, and shall be punished according to the laws of
Spain.
Palace, on the seventeenth of June, one thousand
eight hundred and sixty-one.
SIGNED
WITH THE ROYAL HAND.
The minister of
state,
SATURNINO CALDERON
COLLANTES.
