Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898
Mr. Bryan to Mr. Sherman.
Petropolis, May 5, 1898.
Sir:
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The neutrality proclamation, a copy of which I have the honor to inclose, permits coaling for the continuance of the voyage by war ships of belligerents.
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I have, etc.,
Rio de Janeiro, April 29, 1898.
To the Ministers of Marine, War, Justice, Treasury, and Industry.
Mr. Ministers: The legation of the United States of America, in the name of its Government, communicated to me on the 26th instant that the American Congress, by a joint resolution approved on the 20th, authorizing the intervention of the said States to the end of securing the pacification and independence of the island of Cuba, and that this resolution was considered a declaration of war by the Government of Spain, which ordered its legation to withdraw from Washington and interrupted diplomatic relations. Consequently, Congress declared that a state of war exists between the two nations, commencing the 21st. The President of the Republic, to whose knowledge I brought this communication, profoundly regretting that the question which caused the breaking off of relations between the two countries could not be solved by pacific means, determined that during this war Brazil would maintain the strictest neutrality, and, in order that this should be made effective, commands that the following regulations should be rigorously observed in all the territory of the Republic:
I.
Individuals residing in Brazil, citizens or foreigners, must abstain from all participation and aid in favor of either of the belligerents, and may not do any act which might be considered as hostile to either one of the two parties and, therefore, contrary to the obligations of neutrality.
II.
The Federal Government does not consent that privateers may be prepared or armed in the ports of the Republic.
III.
Neither belligerent will be permitted to promote enlistment in Brazil, not only of its own citizens, but also of the citizens of other countries, for the purpose of incorporating them with its forces of land and sea.
[Page 847]IV.
The exportation of material of war from the ports of Brazil to those of either of the belligerent powers, under the Brazilian flag, or that of any other nation, is absolutely prohibited.
V.
It is prohibited citizens or aliens residing in Brazil to announce by telegraph the departure or near arrival of any ship, merchant or war, of the belligerents, or to give to them any orders, instructions, or warnings, with the purpose of prejudicing the enemy.
VI.
No war ship or privateer shall be permitted to enter and remain, with prizes, in our ports or bays during more than twenty-four hours, except in case of a forced putting into port, and in no manner shall it be permitted to it to dispose of its prizes or of articles coming out of them.
By the words “except in case of a forced putting into port” should also be understood that a ship shall not be required to leave port within the said time:
- First. If it shall not have been able to make the preparations indispensable to enable it to go to sea without risk of being lost.
- Second. If there should be the same risk on account of bad weather.
- Third. And, finally, if it should be menaced by an enemy.
In these cases it shall be for the Government, at its discretion, to determine, in view of the circumstances, the time within which the ship should leave.
VII.
Privateers, although they do not conduct prizes, shall not be admitted to the ports of the Republic for more than twenty-four hours, except in the cases indicated in the preceding section.
VIII.
No ship with the flag of one of the belligerents, employed in the war, or destined for the same, may be provisioned, equipped, or armed in the ports of the Republic, the furnishing of victuals and naval stores which it may absolutely need and the things indispensable for the continuation of its voyage not being included in this prohibition.
IX.
The last provision of the preceding section presupposes that the ship is bound for a certain port, and that it is only en route and puts into a port of the Republic through stress of circumstances. This, moreover, will not be considered as verified if the same ship tries the same port repeated times, or after having been relieved in one port should subsequently enter another, under the same pretext, except in proven cases of compelling circumstances. Therefore, repeated visits without a sufficiently justified motive would authorize the suspicion that the ship is not really en route, but is frequenting the seas near Brazil in order to make prizes of hostile ships. In such cases asylum or succor given to a ship would be characterized as assistance or favor given against the other belligerent, being thus a breach of neutrality.
Therefore, a ship which shall once have entered one of our ports shall not be received in that or another shortly after having left the first, in order to take victuals, naval stores, or make repairs, except in a duly proved case of compelling circumstances, unless after a reasonable interval which would make it seem probable that the ship had left the coast of Brazil and had returned after having finished the voyage she was undertaking.
X.
The movements of the belligerent will be under the supervision of the customs authorities from the time of entrance until that of departure, for the purpose of verifying the proper character of the things put on board.
[Page 848]XI.
The ships of belligerents shall take material for combustion only for the continuance of their voyage.
Furnishing coal to ships which sail the seas near Brazil for the purpose of making prizes of an enemy’s vessels or prosecuting any other kind of hostile operations is prohibited.
A ship which shall have once received material for combustion in our ports shall not be allowed a new supply there, unless there shall have elapsed a reasonable interval which makes it probable that said ship has returned after having finished its voyage to a foreign port.
XII.
It will not be permitted to either of the belligerents to receive in the ports of the Republic goods coming directly for them in the ships of any nation whatever.
This means that the belligerents may not seek ports en route and on account of an unforeseen necessity, while having the intention of remaining in the vicinity of the coasts of Brazil, taking thus beforehand the necessary precautions to furnish themselves with the means of continuing their enterprises. The tolerance of such an abuse would be equivalent to allowing our ports to serve as a base of operations for the belligerents.
XIII.
The belligerents will not be permitted in the ports of Brazil—
- First. To increase their crews, hiring seamen of any nationality whatsoever, including their own citizens.
- Second. To increase the number and the caliber of their artillery, or by any means to perfect it; to buy or embark small arms or munitions of war.
There will be indicated to them an anchorage where they shall be under the immediate observation of the police, far from suspected places and circumstances.
XIV.
The belligerents, while they remain in the ports of the Republic, shall be forbidden—
To employ force or stratagem to recover prizes made from their fellow-citizens, or which may be made in the same harbor, or to liberate prisoners of their nation.
To undertake the sale or ransom of prizes made from the enemy before the validity of the prize shall have been recognized by competent courts.
To dispose of things taken from prizes they have on board.
XV.
The ships of either of the belligerents, however, which may be admitted to anchorage or harbor in the Republic, must remain in perfect quiet and complete peace with all the ships which may be there, especially those of war or armed for war, belonging to the hostile power.
The Brazilian forts and war ships will be ordered to fire upon a ship which shall attack its enemy within Brazilian harbors or territorial waters.
XVI.
No ship shall be allowed to leave port immediately after a ship belonging to a hostile nation or a neutral nation.
If the vessel leaving, as well as that left behind, be a steamer, or both be sailing vessels, there shall remain the interval of twenty-four hours between the sailing of one and the other. If the one leaving be a sailing vessel and that remaining a steamer, the latter may only leave seventy-two hours thereafter.
Brazilian forts and war ships shall fire upon any armed vessel which may be preparing to leave before the expiration of the indicated interval, after the departure of a ship belonging to the other belligerent.
XVII.
Merchant ships of one of the belligerents which may wish to leave port must give advice, in writing, twenty-four hours in advance to the commandant of the naval station of the day and hour for weighing anchor. In this advice shall be a statement whether they are steam or sail.
[Page 849]The commandant of the naval station, if he shall not have been advised of the departure of any war ship of the other belligerent, shall send and inform the respective commanders that they may leave port only after the expiration of the time fixed in the preceding number. He shall give, besides this, the requisite advices to the forts and Government ships.
Merchant ships may not weigh anchor unless they have had an answer in writing declaring that the necessary measures have been taken and that therefore they may leave. The answer will be given with great promptness. In places where there is no commandant of the naval station, the advice of merchant ships shall be directed to the port captain; in default of this, to the commander of the Government fort; if there is no fort, to any Brazilian war ship which may be there.
The official to whom the advice, in the aforesaid terms, shall be directed is the authorized person to give the warning to belligerent war ships.
XVIII.
Belligerent war ships which shall not wish to have their departure impeded by the successive leaving of merchant vessels or hostile war ships should communicate twenty-four hours in advance, to one of the officials indicated in the preceding section and who shall be the authorized person on the occasion, an application for leaving. Priority of sailing will be determined by the receipt of advice.
XIX.
War ships may not leave port unless the merchant vessels of the other belligerent which may be at the bar or have been announced by telegraph or other means first enter, except the respective commanders give their word of honor to the commandant of the naval station, and, in default of him, to the authorized official, that they will do no harm to them; and if, besides this, they shall not be prevented by some other reason.
XX.
Neither of the belligerents may take prizes in the territorial waters of Brazil, or place themselves in ambuscade in the ports or anchorages, islands, or capes situated in those waters, to watch for hostile ships coming in or going out; try to get information in regard to those which are expected, or are to go out, or, finally, to make sail to chase a hostile ship sighted or signaled.
All necessary means, including force, will be employed to prevent prize taking in territorial waters.
XXI.
If prizes brought to the ports of the Republic shall have been taken in territorial waters, the things coming out of them shall be taken possession of by the competent authorities, in order to restore them to their lawful owners, the sale of such things being always taken and considered as void.
XXII.
Ships which shall try to violate neutrality shall be immediately warned to leave the maritime jurisdiction of Brazil, and nothing shall be furnished them.
The belligerent who shall infringe the requirements of this circular shall be no more admitted into the ports of Brazil.
XXIII.
For the repression of violations which may be made, force shall be employed and, in default or insufficiency of that, protest shall be made against the belligerent that, advised and warned, shall not have desisted from violating the neutrality of Brazil, knowledge of the fact being immediately given to the Federal Government, with which the competent authorities should communicate by telegraph in cases not provided for herein.
I ask of you the speedy sending of orders that this circular be faithfully observed by each ministry, in those parts which refer to it, by the authorities subordinate to it.
Greeting.