Mr. Storer to Mr.
Sherman.
Legation of the United States,
Brussels, April 30,
1898.
No. 106.]
Sir: I have the honor to acknowledge the
receipt of your cablegrams of April 22 and 26, 1898, as follows:
No. 1.
Storer, American Legation, Brussels:
In event of hostilities between the United States and Spain the
policy of this Government will be not to resort to privateering,
but to adhere to the following recognized rules of international
law:
- First. The neutral flag covers enemy’s goods, with the
exception of contraband of war;
- Second. Neutral goods, with the exception of
contraband of war, are not liable to capture under an
enemy’s flag; and
- Third. Blockades in order to be binding must be
effective.
Sherman.
[Page 842]
No. 2.
Storer, American Legation, Brussels:
By proclamation to-day, under resolution of Congress approved
20th, President announces blockade of ports on north side of
Cuba, between Cardenas and Bahia Honda; also Cienfuegos, south
side. Notify minister for foreign affairs.
Sherman.
No. 3.
Storer, Minister, Brussels:
A joint resolution of Congress, approved April 20, directed
intervention for the pacification and independence of the island
of Cuba.
The Spanish Government, on April 21, informed our minister at
Madrid that it considered this resolution equivalent to a
declaration of war, and that it had accordingly withdrawn its
minister from Washington and terminated all diplomatic
relations.
Congress has therefore, by an act approved to-day, declared that
a state of war exists between the two countries since and
including April 21. You will inform the Government to which you
are accredited so that its neutrality may be assured in the
existing war.
Sherman.
The contents of your three cablegrams were immediately conveyed to the
knowledge of the minister of foreign affairs, who, as yet, has not
acknowledged receipt of my communications.
In the Moniteur Belge, however, published for April 25 and 26, 1898, I
find an official statement from the Belgian Government notifying the
Belgians of the existence of the war between the United States and
Spain, and recalling the perpetual neutrality of Belgium. I inclose a
copy and translation of this statement.
A copy of your cablegram marked No. 1 was transmitted at once by me to
each of our consuls in Belgium, that the instructions contained therein
might be available for the information of the commercial world.
I have, etc.,
[Inclosure—Translation.]
official notice.
Spain and the United States of America being in a state of war, the
Government recalls to its citizens that Belgium is always neutral,
and that every act against the obligations of neutrality must be
carefully avoided.
The penal code contains the following section, to which the attention
of the public should be called:
“Article 123. Whosoever by hostile
proceedings, not approved by the Government, shall expose the State
to (liability of) hostilities from any foreign power shall be
punished by imprisonment for from five to ten years, and should
hostilities be the result, by imprisonment from ten to fifteen
years.”
The following was received at the Department of State on May 2, 1898,
from the consul of the United States at Hamilton, Bermuda:
Bermuda, alias
Somers’
Islands.
[L. S. M.]
G.
Digby Barker, Lieut.-General, Governor, and Commander in
Chief. |
By His Excellency George Digby Barker,
Companion of the Most Honorable Order of the Bath,
Lieutenant-General, Commander in Chief, and Ordinary in
and over these Islands, etc.
|
[Page 843]
a proclamation.
Whereas a state of war exists between Spain and the United States of
America; and whereas I, the said governor and commander in chief,
have received notification that it is Her Majesty’s pleasure and
command that a strict and impartial neutrality in the said state of
war shall be maintained by all Her Majesty’s subjects and all
persons whatsoever entitled to her protection; and
Whereas Her Majesty has been further pleased to command that six days
from the day of the date of publication the following rules shall be
in force:
rules.
- Rule A.—No ship of war of either
belligerent may use British waters as place of resort for
warlike purposes or equipment, or may leave British waters until
twenty-four hours after any ship of the other
belligerent.
- Rule B.—Subject to Rule A, every such
vessel of war shall be required to put to sea within twenty-four
hours after entrance unless in the event of stress of weather or
necessity for repair or provisioning, in which case she must
leave as soon as possible and certainly within twenty-four hours
of completion of repairs.
- Rule C.—No supplies will be allowed
beyond provisions and subsistence for crew necessary for
immediate use and no coal beyond what will take the ship to the
nearest port of her own country or nearest destination, nor will
coal be supplied to the same ship in any British port twice
within three months.
- Rule D.—No prizes will be brought into
British waters.
Now I, the said governor and commander in chief, do hereby warn all
persons in this colony to take notice hereof, and do hereby proclaim
that the aforesaid rules will take effect in this colony six days
from the date hereof and are to be obeyed by all persons.
Given under my hand and the great seal of these islands this 23d day
of April, A. D. 1898, and in the sixty-first year of Her Majesty’s
reign.
By his excellency’s command:
Archibald Alison,
Colonial Secretary.
Bermuda, alias
Somers’ Islands.
[L. S. M.]
G.
Digby Barker, Lieut.-General, Gorernor, and Commander in
Chief. |
By His Excellency George Digby Barker,
Companion of the Most Honorable Order of the Bath,
Lieutenant-General, Governor, Commander in Chief, and
Ordinary in and over these Islands, etc.
|
a proclamation.
Whereas by a proclamation issued this day, I, the said governor and
commander in chief, did proclaim that certain rules for the
enforcement of neutrality in the state of war existing between Spain
and the United States of America should come into force six days
from the date thereof; and
Whereas Her Majesty has been pleased to command that such rules shall
come into force forthwith:
Now I, the said governor and commander in chief, do hereby further
proclaim that the said rules are now in force, of which all persons
in this colony are directed to take notice and govern themselves
accordingly.
Given under my hand and the great seal of these islands this 23d day
of April, A. D. 1898, and in the sixty-first year of Her Majesty’s
reign.
By his excellency’s command:
Archibald Alison,
Colonial Secretary.
Colonial Secretary’s Office,
Hamilton, Bermuda, April 28, 1898.
With reference to the above proclamations, attention is drawn to the
extract from the London Gazette published in a notification from
this office dated the 24th May, 1897, which notification contains
information respecting the requirements of the
[Page 844]
imperial act passed in the
thirty-third and thirty-fourth year of Her Majesty’s reign, entitled
“An act to regulate the conduct of Her Majesty’s subjects during the
existence of hostilities between foreign States with which Her
Majesty is at peace.”
By his excellency’s command:
Archibald Alison,
Colonial Secretary.
The following was received at the Department of State on May 21,
1898, from the Consul of the United States at Hamilton, Bermuda:
Bermuda, alias
Somers’ Islands.
[L. S. M.]
G.
Digby Barker, Lieut.-General, Governor, and Commander in
Chief. |
By His Excellency George Digby Barker,
Companion of the Most Honorable Order of the Bath,
Lieutenant-General, Governor, Commander in Chief, and
Ordinary in and over these Islands, etc.
|
a proclamation.
Whereas by a proclamation published on the 23d day of April, 1898, by
me, the said governor and commander in chief, certain rules made for
the guidance of all persons in maintaining a strict and impartial
neutrality in the state of war existing between Spain and the United
States of America were declared to be in force in this colony;
and
Whereas it is expedient to modify one of these rules:
Now I, the said governor and commander in chief, do hereby issue this
my proclamation and do publish and declare that the following rule
is substituted for Rule C as contained in the said previous
proclamation:
Ride C.—No supplies will be allowed to any
such ship beyond provisions and subsistence for crew necessary for
immediate use and no coal except for the specific purpose (to be
satisfactorily shown) of enabling her to proceed direct to the
nearest port of her own country or other named nearer neutral
destination, nor will coal be supplied to the same ship in any
British port twice within three months.
Of which all persons in this colony are directed to take notice and
govern themselves accordingly.
Given under my hand and the great seal of these islands this 6th day
of May, A. D. 1898, and in the sixty-first year of Her Majesty’s
reign.
By his excellency’s command:
Archibald Alison,
Colonial Secretary.
