Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898
Mr. Van Horne to Mr. Cridler.
St. Thomas, Danish West Indies, June 2, 1898.
Sir:
* * * * * * *
I send neutrality law as published and as it is understood here.
* * * * * * *
I have, etc.,
United States Consul.
By the grace of God King of Denmark, the Vandals and the Goths, Duke of Slesvig, Holstein, Stormarn, Ditmarsken, Lauenborg, and Oldenborg.
we, christian the ninth,
Make known: That whereas, under existing circumstances it is of importance that Danish subjects do not commit any act endangering the neutrality of the State or giving foreign powers reasonable grounds of complaint of the Danish State as a neutral power, we have found it urgently necessary, in accordance with the twenty-fifth section of the fundamental law, by provisional law to provide needful legal warrant for prohibiting and, in cases of transgression, punishing such acts in the Kingdom and in the Danish West India Islands.
To that end we require and command as follows:
- Section 1. In the event of the
outbreak of a war in which the Danish State is neutral, the
subjects are prohibited—
- (1)
- To take service in any quality soever in the army of the belligerent powers or on board their government ships, such prohibition to include piloting their ships of war or transport outside the reach of Danish pilotage, or, except in case of danger of the sea, assisting them in sailing the ship.
- (2)
- To build or remodel, sell or otherwise convey, directly or indirectly, for or to any of the belligerent powers, ships known or supposed to be intended for any purposes of war, or to cooperate in any manner on or from Danish territory in the arming or fitting out of such ships for enterprises of war.
- (3)
- On or from Danish territory to assist any of the belligerent powers in their enterprises of war, such as supplying their ships with articles that must be considered as contraband of war, or carrying on for any of the belligerent powers work tending to increase the armament of their ships, or otherwise enhance the strength or mobility of such ships for purposes of war.
- (4)
- To transport contraband of war for any of the belligerent powers, or hire or charter to them ships known or supposed to be intended for such use.
- (5)
- To publicly request any person or persons to join the army or navy of the belligerent powers, or otherwise afford them assistance in carrying on the war; and, in case that the Government has issued special prohibition against so doing, to publicly invite to participation in the floating of state loans to any of the belligerent powers.
- Sec 2. Transgression of the above enactments is punished, in so far as no higher penalty is prescribed by law, with imprisonment or fines. Oases of participation and [Page 856] attempt will, in the Kingdom, be dealt with in accordance with the principles of the civil penal law; in the Danish West India Islands the principles of the general penal legislation become applicable.
The present law takes effect in the Kingdom at once.
With which all concerned have to comply.
publication for the danish west india islands with reference to the war existing between the united states of north america and spain.
For the information of Danish West India merchants and shipmasters in respect of their duty and position under general legislation and international law during the war between the United States and Spain, the following directions are by command of His Majesty the King published and enjoined:
- Section 1. When a Danish West India merchant ship is on the sea hailed or stopped by any belligerent ship of war or authorized privateer, such ship shall, on the demand of the commanding officer, without fail present the ship’s papers prescribed by section 2 of the registration ordinance, to wit: The certificate of nationality and registration, the ship’s muster roll, clearance certificate, and cargo papers. Under international law, no vessel must be provided with a double set of ship’s papers or carry any other flag than the flag oi the country to which she belongs.
- Sec. 2. Notwithstanding that neither of the belligerent powers have acceded to the Paris declaration of the 16th of April, 1856, both parties have expressed themselves officially to the effect that they recognize that the neutral flag covers the cargo, with the exception of contraband of war, and that neutral cargo, with the exception of contraband of war, in the enemy’s ship is not subject to seizure. As contraband of war the following are considered: Arms, ammunition, articles of clothing and accouterment, and other articles manufactured and immediately applicable for and to purposes of war, in so far as they are intended for any of the belligerent powers or their subjects. Furthermore, dispatches from or to any of the governmental authorities of any of the belligerent powers are liable to be considered as contraband of war, which it is forbidden to carry. In case that alterations or additional rules in respect of contraband of war should become necessary, the ministry of finances will make such further publication as shall be required.
- Sec. 3. It is the shipmaster’s duty to inform himself as far as possible as to whether the belligerent port to which he is destined is blockaded. If, while going to enter a port the blockade of which was unknown to him, he is hailed or stopped by a ship of war belonging to the other belligerent power and the commanding officer informs him that the port is blockaded, it is his duty to withdraw at once, without attempting to enter the port secretly.
- Sec 4. If a shipmaster considers himself justified in complaining of the action in his case of any belligerent armed vessel, he must as soon as possible apply with his reclamation to the governor of the Danish West India Islands, or to the ministry of foreign affairs, or to a royal Danish embassy or consulate.