Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Untitled]
Presidency of the Council of
Ministers,
Palace of Adjuda,
July 2, 1866.
The kingdom of Italy being at war with the empire of Austria, as
proved by the declaration dated at Cremona on the 20th of June last,
signed by the general chief of staff of the Italian army; and the
kingdom of Prussia being likewise at war with the empire of Austria
and with other states of Germany, it being convenient to maintain
and preserve intact the relations of peace, good understanding, and
friendship which exist between Portugal and the governments of
Europe, by observing on our part the most strict and absolute
neutrality towards the powers now at war, having in view section 15
of the 75th article of the constitutional charter of this kingdom;
the decrees of 30th August, 1780; of 3d June, 1803; of 5th May, 1854
; and of 29th July, 1861; and articles 148, 150, 154, 155, 156, and
162 of the penal code of 10th December, 1852; in view of the
principles established in the declaration of Paris of 16th April,
1856, made by the representatives of signing powers to the treaty of
peace, under date of 30th of March of said year, and of the
generally accepted doctrines regarding the rights and duties of
neutrals, I am hereby pleased, after hearing the council of state,
to decree the following:
Article I.
It is strictly prohibited unto Portuguese and foreign subjects to arm
vessels, destined as corsairs, in the ports and waters of this
kingdom, whether on the continent or in the adjacent islands,
Article II.
The entry of corsairs and their prizes, or of prizes captured by
men-of-war of the belligerent powers, is likewise prohibited in the
ports and waters mentioned in the preceding article.
Section
solus. Are exempted from the dispositions of
the present article, all cases of force
majeure, wherein, according to the rights of nations,
hospitality becomes indispensable: but in no case will it be allowed
to effect sale of articles arising from prizes, or that the vessels
escorting or having charge of prizes shall remain in port beyond the
time indispensable for receiving due succor.
Article III.
In the ports and waters referred to in article I, the entry and stay
of vessels of war belonging to the belligerent powers is allowed,
provided they have no prizes in charge, and that they conform
themselves to what is prescribed in the following paragraphs:
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Sections 1. All vessels of war belonging to
any of the belligerent powers are not to commit, within the ports
and waters of Portugal, any act of hostility against vessels or
subjects of any other power, even if such should belong to the power
with which it should be at war.
Sec. 2. In the said ports and waters the
aforesaid vessels are not allowed to increase the number of their
crews by enlisting seamen subjects of any nation, even of their own
nation.
Sec. 3. In the said ports and waters it is
further prohibited unto said vessels to increase the number or
calibre of their armament, and to receive on board small-arms or
munitions of war.
Sec. 4. The said vessels are not to quit
the ports within twenty-four hours after the sailing of any vessel
belonging to another power with which their own nation may be at
war, unless they may previously have obtained a dispensation of said
term, after giving the requisite security that they will not avail
thereof to commit any hostile act against the enemy’s vessel.
Article IV.
All articles of lawful commerce belonging to subjects of any of the
belligerent powers are allowed to be shipped and to sail under the
Portuguese flag; and it is likewise allowed to ship and sail
articles of lawful trade belonging to Portuguese subjects under the
flag of any of the belligerent nations.
Section 1. Are expressly excluded from the
dispositions of the present article all such effects as may be
considered contraband of war.
Sec. 2. The dispositions of the present
article are not to be applied to the ports of any of the belligerent
powers as may be in an effective state of blockade.
Article V.
All Portuguese subjects and all foreigners residing in Portugal and
its dominions are to abstain from all acts as are classified by law
as contrary to external security and to the interest of the state
towards foreign nations.
Article VI.
The government shall grant protection against the acts or measures of
the belligerents towards Portuguese subjects, or any others who may
fail observing the dispositions of the present decree. These
dispositions are not to prejudice such criminal actions as may be
instituted in virtue of the existing laws.
Let the president of council and the ministers of state of all the
departments thus understand these presents and put the same in
execution.
THE KING.
JOAQUIM ANTONIO D’AGUÀR.
JOAN BAPTISTA DU SILVA.
FERRAO DE CARVALHO MARTENS.
AUGUSTO CESAR BARJONA DE FREIBAS.
ANTONIO MARIA DE FONTES.
PEREIRA DE MELLO.
JOZÉ MARIA DE CAZAL ROBEIRO.
VISCONDE DE PRAIA GRANDE.
IVAODE ANDRADE CORVO.
