[539] *No. 4.—Translation.–Notice of the general application of the decree of the 4th of May, 1803, relating to the conduct of merchants and navigators case of war between maritime powers.
Copenhagen, the 25th of July, 1870.
In accordance with the command of His Majesty the King, the ministry of foreign affairs gives hereby public notice that on account of the war, now broken out between France and Prussia, the decree of the 4th of May, 1803, is to go into effect with the following modifications:
- § 1.
- The royal Latin ship’s pass, prescribed by the decree of the 4th of May, 1803, is, according to the law of the 13th of March, 1867, abrogated for ships which are provided with certificates of nationality and registrar and for ships that are still sailing with papers formerly prescribed; the bill of tonnage, together with other documents of legitimation, is to be considered as a sufficient proof of the nationality of the ship.
- * § 2.
- [540] The rule concerning the nationality of the crew prescribed in the decree of the 4th of May, 1803, § 8, is abrogated by the law of 23d January, 1862, concerning the hiring of foreign sailors.
- § 3.
- By the declaration signed in Paris the 16th of April,
1856, by the two belligerent powers, and acceded to by His
Majesty on the 25th of July of the same year, concerning the
rights of neutral powers during a war between maritime
powers, the following rules are accepted:
- 1.
- Privateering is, and continues to be, abolished;
- 2.
- The neutral flag covers the hostile cargo with the exception of contraband of war;
- 3.
- Neutral cargo, with the exception of contraband of war, is not liable to seizure on board of hostile ships; and
- 4.
- Blockade in order to be binding must be effective, and must be maintained by a force sufficiently strong to prevent access to the hostile coast.
- § 4.
- Besides the articles mentioned in paragraph XIII of the decree of the 4th of May, 1803, all such wrought articles which can immediately be applied to the uses of war are to be looked upon as contraband of war.
- [541] *In case that changes and additional rules in relation to contraband of war should become necessary in consequence of particular agreements between His Majesty and foreign powers, the ministry for foreign affairs reserves to publish what may be thought necessary.
- § 5.
- In consequence of the neutrality which His Majesty has determined to maintain during the continuation of the war, the royal subjects are herewith forbidden to take service in whatsoever quality among either of the belligerent powers, whether it be on land or on board of their government ships, as well as more particularly to pilot the ships of war and transport-ships of these powers outside of the Danish pilot waters.
The ministry for foreign affairs,
Copenhagen, the 25th of July,
1870.
O. D. ROSENÖRN LEHN.