No. 552.
Mr. Adee
to Mr. Fish.
United
States Legation in Spain,
Madrid, February 10, 1874.
(Received March 20.)
No. 176.]
Sir: Referring to General Sickles dispatch No. 973,
in relation to the blockade of the northern coast of Spain, I have the honor
to forward herewith a copy of the regulations for the Peruvian blockade of
1864, received to-day from Mr. Sagasta in response to my request to be
furnished therewith. It will be remarked that these rules are framed with
reference to the exercise of all the belligerent rights growing out of a
recognized state of war between contending powers. It is extremely doubtful
whether they will be insisted upon. I understand, through Mr. Layard, that
Mr. Sagasta expressed the utmost surprise at the latitude given to the
decree of January 31, by the inclusion of these regulations, and stated that
the measure had been adopted without his knowledge.
I am, &c,
ministry of state.
Regulations concerning the blockading of
ports held by the enemy and the capture of hostile or suspicious
vessels.
ministry of marine—direction of
armaments.—ministry of state—direction of political
affairs.
- Article 1. A port held by the enemy is
considered blockaded when its entrance is guarded by a number of
vessels sufficient to render the passage dangerous.
- Art. 2. inasmuch as the blockade must be
effective and constant in order to be considered valid, therefore,
if storms or other circumstances drive or remove the blockading
vessels from the entrance of the blockaded port, such neutral
vessels as may enter or sail out during their absence shall not be
considered to have violated the blockade.
- Art. 3. A blockade shall not be
considered fully in force until after notice shall have been given
by the commander of the blockading squadron to the consuls of
Neutral powers, by means of a circular, summoning them to name,
without delay, such time as they may deem necessary, at the
expiration of which vessels belonging to their respective nations
are to leave the port; and if the time fixed by them shall seem
admissible, he shall so inform them, allowing free passage to such
vessels during the time granted.
- Information of the establishment of a blockade is also to be
communicated to the government of Her Majesty, to the end that it
may give due notice, diplomatically, to the governments of all
neutral nations.
- Art. 4. Even after the publication of
this notice, the existence of the blockade is not to be considered
as known to any vessel that may be bound to the blockaded port until
after the delivery to it of the special notification, which is to be
placed among the papers of such vessel by the commander of the
war-vessel that may be designated for the purpose.
- Art. 5. After the delivery of the
special notification, any attempt to enter the port constitutes a
violation of the blockade, and the vessel having made such an
attempt is a lawful prize.
- Art. 6. If a vessel which has been
specially notified shall attempt to run the blockade, it shall be
captured under any of the circumstances specified below:
- 1st.
- If it shall be surprised in the act of passing the line of
the blockading vessels.
- 2d.
- If, having attempted to do so, it shall be pursued by one
of the blockading vessels, said vessel not losing sight of
it; for, if this condition be wanting, or if the pursued
vessel shall enter a neutral port, it shall be free.
- 3d.
- If, after having passed the line, it shall attempt to sail
out of the port, or to run the blockade again.
- Art. 7. If a neutral vessel shall appear
in the vicinity of the blockaded port, or
[Page 866]
shall attempt to pass the line in the face of
the fire of the blockading vessels, the shots fired shall be
considered equivalent to the special notification, and the vessel
may be captured.
- Art. 8. If a neutral vessel of war shall
attempt to run the blockade, after having been informed of its
existence, it shall be driven back by force, being responsible for
the consequences of its aggressive act.
- Art. 9. If a vessel which is forced to
seek a port in consequence of stress of weather, lack of provisions,
&c, shall appear in the vicinity of the blockaded port, it may
be allowed to enter, on furnishing proper evidence of the existence
of the causes aforesaid. But if it shall have articles which are
contraband of war on board, it must deposit such articles on board
of one or more of the blockading vessels before entering the port,
or pledge itself to keep them on board until its departure.
- Art. 10. Under the designation contraband of war are comprised cannons,
mortars, muskets, and arms of all kinds; bomb-shells, hand-grenades,
balls, percussion-caps, fuses, powder, and saltpetre; articles of
equipment, such as uniforms, straps, belts, saddles and bridles,
and, in general, all instruments or articles manufactured for
purposes of war.
- Art. 11. The court which is to pronounce
sentence in prize cases shall sit at—.
- Art. 12. In case of a Spanish vessel
being in danger, or being captured by the enemy, aid must be lent to
it, and every possible effort made to recapture it, although such
recapture shall give no right to the captured vessel. If such
recapture shall have been made from a neutral vessel, it shall be
considered as hostile in case of having remained in possession of
the latter for more than twenty-four hours, unless there be special
circumstances, the determination of which is reserved for Her
Majesty.
- Art. 13. Outside of the line of the
blockade, and although no effort be made to run it, it is allowable
to capture vessels belonging to the hostile state or to its
citizens, together with all the property belonging to enemies which
may be found on board, whenever a declaration of war has preceded
the act of capture. The portion of neutral cargo that may be carried
by such hostile vessels shall be free, provided it do not consist of
contraband of war.
- Art. 14. Under similar circumstances,
any neutral vessel carrying goods contraband of war, official
dispatches, troops, or seamen, to the enemy or for his account,
shall be detained and captured; but if contraband goods do not
constitute more than half of the cargo, the contraband articles only
shall be confiscated, the remainder of the cargo, together with the
vessel, remaining free.
- Art. 15. Vessels whose neutrality is not
shown by proper papers shall also be captured.
- Art. 16. Vessels carrying double sets of
papers, or such as appear fraudulent, shall be considered
suspicious, and shall be searched. Also such as have not the papers
required’by the laws of the country to which they belong, and such
as shall not heave to, when summoned to do so by the cruiser, or
shall refuse to permit an examination of the compartments in which
it is supposed that there is contraband of war, such suspicious
vessels shall be treated as hostile vessels, unless the suspicion
attaching to them shall be removed.
- Art. 17. Neutral merchant-vessels,
convoyed by a neutral vessel of war, shall not be searched. It shall
be considered that they carry no contraband of war if the commander
of the convoy shall so declare.
- Art. 18. There shall be a copy of these
regulations on board of each vessel belonging to the Pacific
squadron.
Madrid, November 26th, 1864.
A correct copy:
GULLON.
