Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Draper to Mr. Sherman.

Embassy of the United States,
Rome, Italy, April 26, 1898.

No. 189.]

Sir: Having sent you word to-day by cable that the Italian Government has issued a proclamation of neutrality, I beg leave now to inclose to you a clipping from the Gazette Ufficiale, of April 25, containing the same. It is dated yesterday, but appeared this morning. To insure its speedy receipt by you, I do not translate it.

I have, etc.,

William F. Draper.

[Translation.]

ministry of foreign affairs.

I.

Proclamation of the neutrality of Italy in the war between Spain and the United States.

Spain and the United States of America finding themselves in a state of war, and Italy being in peace with both these powers, it behooves the Government of the King and the citizens of the Realm to scrupulously observe the obligations of neutrality, conformably to the laws in force and to the general principles of the laws of nations. If any Italian citizen shall violate these duties he shall not be able to invoke the protection of the Royal Government or of its agents, and will incur moreover the penalty imposed by the special and general laws of the State.

II.

The ambassador of the United States in Rome, under note of date 23d instant, has communicated to the Royal Minister of Foreign Affairs the following two telegrams of the Department of State:

• First. By proclamation under date of to-day (April 22) and following the resolutions of Congress approved the 20th, the President proclaims the blockade of the ports of the north coast of Cuba between Cardenas and Bahia Honda, as well as the blockade of Cienfuegos on the south coast.
• Second. In case of hostilities between the United States and Spain, the Federal Government intends not to resort to privateering, but to adhere to the following rules recognized by international law:

  (1) The neutral flag covers the enemy’s goods, with the exception of contraband of war.

  (2) Neutral goods, with the exception of contraband of war,¹ are not subject to seizure under enemy’s flag.

  (3) A blockade to be obligatory must be effective.

1. In regard to contraband of war, Article XV of the treaty of commerce and navigation of the 26th of February, 1871, between Italy and the United States, thus declares:

   “The liberty of navigation and commerce secured to neutrals by the stipulations of this treaty shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband of war. And, in order to remove all causes of doubt and misunderstanding upon this subject, the contracting parties expressly agree and declare that the following articles and no others, shall be considered as comprehended under this denomination.

   • “(1) Cannons, mortars, howitzers, swivels, blunderbusses, muskets, guns, rifles, carbines, pistols, pikes, swords, sabers, lances, spears, halberds, bombs, grenades, powder, matches, balls, and all other things belonging to, and expressly manufactured for the use of these arms.
   • “(2) Infantry belts, implements of war and defensive weapons, clothes cut or made up in a military form and for a military use.
   • “(3) Cavalry belts, war saddles, and holsters.
   • “(4) And generally, all kinds of arms and instruments of iron, steel, brass, and copper, or of any other materials, manufactured, prepared, and formed expressly to make war by sea or land.”