I append the original, accompanied by a translation.
The Hungarian official journal publishes an identical declaration.
[Inclosure.—Translation.]
Ordinance of the ministers of the interior, of
justice, and of commerce, of the 11th
May, 1877, whereby the principles relative to
commerce and navigation, to be observed by the authorities and the
subjects of the monarchy during the war which has broken out between
Russia and Turkey, are proclaimed.
By reason of the war now broken out between Russia and Turkey, the
following ordinances, in pursuance of a ministerial decision made with
the concurrence of the imperial-royal ministry for foreign, affairs and
the royal Hungarian ministry, are here
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with made known, to which as well all the
authorities as the subjects of the empire are to conform:
Article 1. It is forbidden to transport, upon
vessels carrying the Austro-Hungarian flag, troops of the belligerent
states, or to furnish to those states such materials as, according to
the general law of nations or by special and duly proclaimed decrees of
the respective foreign governments, are considered as contraband of
war.
Any Austrian or Hungarian ship, in communication with those states, may
carry on board only the quantity of such materials as may be
indispensably necessary for its own use or for its defense.
It is forbidden to Austrian or Hungarian vessels to enter such places and
harbors as may be besieged or effectually blockaded by one of the
belligerent powers.
In case of a transgression of the foregoing prohibitions no protection
from the government is to be expected by those whose property may be
rightfully embargoed or captured by the belligerent states.
Article 2. With the exception of the case
declared, the Austrian or Hungarian vessels of commerce are free to
continue, notwithstanding the existing state of war, their commerce and
traffic with the maritime ports of the powers engaged in war, and,
reciprocally, the commercial vessels of the belligerent states, as
before, may without obstruction enter all ports of this monarchy, and
remain there at will, undergo repairs, &c., so far as they observe
the existing laws and ordinances and their acts shall be in accordance
with the rules of neutrality.
With regard to the entry of foreign vessels of war into Austro-Hungarian
ports, the ordinances upon the subject proclaimed on former occasions
will remain in force.
Article 3. In the reasonable expectation that
neutral commerce will be duly respected by the belligerent powers, and
that the usual measures employed by belligerents will be exercised only
in conformity with the modes established by universal international law
or contained in special treaties, it is hereby enjoined to Austrian or
Hungarian commercial vessels on the open sea not to resist any visit
claimed by war-vessels of the belligerent powers, but, on the contrary,
without hesitation, to exhibit the papers and documents proving the
neutral character of the vessel, and not to cast into the sea or
otherwise destroy such papers and documents, and still less to have
onboard any which may be false, or in duplicate, or secret.
Article 4. Should it happen, notwithstanding
the observation of the foregoing prescriptions, that an Austrian or
Hungarian vessel be treated in an unlawful manner, then a complaint is
to be presented without delay to the nearest Austro-Hungarian consular
or other competent authority, in order that the government may take the
requisite steps toward the foreign state, for the purpose of obtaining
indemnification and satisfaction, and for supporting such steps as have
been already taken by such national vessels as have been unlawfully
treated.
Article 5. These provisions are to enter into
operation from the day of this proclamation.
Vienna, May 11,
1877.
- AUERSPERG, M. P.
- LASSER, M. P.
- GLASSER, M. P.
- CHLUMECKY, M. P.
