Mr. Draper to Mr.
Day.
Embassy
of the United States,
Rome,
Italy, May 28,
1898.
No. 216.]
Sir: I beg leave to inclose, as directed in
your No. 178, of the 13th instant, two copies of the Gazetta Ufficiale
containing the proclamation of neutrality issued by the Italian
Government, and also the laws in regard to the enforcement of neutrality
and the penalties for its transgression.
I have, etc.,
[Page 875]
[Inclosure—Translation.]
Decree of April 6, 1864.
[April 6,
1864]
- Article I. No vessel of war or armed
for cruising of any belligerent State shall be allowed to enter
and remain with prizes in the ports or roadsteads of the
Kingdom, except in the case of arrival under stress.
- Art. II. In case of arrival under
stress, the men-of-war or cruisers mentioned in the preceding
article, and in the conditions there specified, must leave the
coasts of the Kingdom immediately on cessation of the cause that
obliged them to take refuge there, saving the provision of
Article XI.
- Art. III. No sale, exchange, barter,
or gift of articles derived from the prizes shall take place
under any pretext in the ports or roadsteads or on the coasts of
the Kingdom.
- Art. IV. Every Italian subject
soever is forbidden to take commission from the belligerent
parties to arm vessels for warfare, or to accept letters of
marque for maritime cruising, or to assist in any way whatever
in fitting out, arming, or preparing a vessel for warfare, or
cruiser belonging to the belligerent parties above
mentioned.
- Art. V. In accordence with Article
XXXV of the penal code for the mercantile marine, every subject
of the Kingdom of Italy is forbidden to enroll himself or to
take service in the ships of war or in those armed for cruising
belonging to one of the belligerent States.
- Art. VI. Those subjects who may
contravene the provisions of the preceding Articles IV and V, or
commit any act in regard to one of the belligerent powers
contrary to the obligations of the neutrality maintained by the
Italian Government toward the aforesaid parties, can not claim
protection against the acts or measures whatever they may be
which the belligerent parties may think fit to do or to take
concerning them, without prejudice to the penalties which by the
effects of Article V of the present decree are threatened to
them, by the provision in Article LXX of the penal code for the
meacantile marine, dated January 13, 1827.
- Art. VII. No belligerent ship of war
or cruiser can remain more than twenty-four hours in a port or
roadstead, or on the coasts of the Kingdom, or in the adjacent
waters, even when it comes there alone, except in case of
arrival under stress on account of bad weather, of damages, or
want of the necessary provisions for the safety of the
voyage.
- Art. VIII. Ships of war belonging to
a friendly power, even though belligerent, may come to and
remain in the ports or roadsteads or on the coasts of the
Kingdom, provided that the purpose of their mission be
exclusively scientific.
- Art. IX. In no case can a
belligerent ship make use of an Italian port for purpose of
warfare or to supply itself with arms or ammunition. It can not,
under pretext of repairs, execute works in any way adapted to
increase its warlike force.
- Art. X. Nothing shall be supplied to
belligerent ships of war or cruisers excepting provisions,
commodities, and things for repairs, simply necessary for the
subsistence of their crews and the safety of their voyage. Such
belligerent ships of war or cruisers as wish to resupply
themselves with coal shall not receive that supply until
twenty-four hours after their arrival.
- Art. XI. If ships of war, cruisers,
or merchant vessels belonging to the two belligerent parties
should be at the same time in a port or roadstead or on the
coast of the Kingdom, there must be an interval of at least
twenty-four hours between the departure of any vessel of one
belligerent party and that following of any ship of the other
party. This interval may be increased according to the
circumstances by the maritime authority of the place.
- Art. XIV.1 The maritime authorities of the places
specified in the preceding article,2 on the arrival of
foreign ships of war, are to transmit to the commanders or
commanders in chief thereof a copy of the present regulations
for their guidance, with an invitation to observe them.
- Art. XV. The maritime authorities of
the Kingdom are to see to the exact fulfillment
[Page 876]
of the enactments of the present
decree, which is to take effect from the day of its publication
in the various ports of the Kingdom.
- Art. XVI. All the enactments now in
force are abrogated in such part as may be contrary to the
present decree.
Articles of the Mercantile Marine Code
Regarding the Neutrality of Ports and the Penalties for Citizens
who Violate Neutrality.
- Art. 246. In case of war among
powers toward which the State has neutral relations, privateers,
or men-of-war with prizes shall not be allowed to enter ports,
roadsteads, or harbors of the State, except in case of arrival
under stress. As soon as the danger is passed the ship must
leave. No man-of-war or belligerent privateer will be permitted
to remain more than twenty-four hours in any port, roadstead, or
harbor of the State, or in the adjacent waters, even if it
should present itself alone, except in case of stress of
weather, or on account of injuries or lack of provisions
necessary to safe navigation. In no case will the sale,
exchange, barter, or gift of prizes be permitted in the ports,
roadsteads, or harbors of the State.
- Art. 247. War ships of a friendly
power, even when belligerent, can enter or remain in the ports,
roadsteads, or harbors of the State, provided the object of
their mission be exclusively scientific.
- Art. 248. In no case can a
belligerent ship make use of an Italian port for war purposes or
to provision itself with arms or munitions. No work can be
executed under pretext of repairs which in any way could add to
the fighting strength of the vessel.
- Art. 249. To men-of-war or
privateers of belligerents there will be furnished only food and
provisions and means of repairs actually necessary to the
sustenance of their crews and to the safety of their navigation.
Men-of-war or privateers of belligerents wishing to recoal can
not obtain this supply until after a delay of twenty-four hours
from the time of their arrival.
- Art. 250. When men-of-war,
privateers, or mercantile vessels of the two belligerent parties
meet in a port, roadstead, or harbor of the State, an interval
of at least twenty-four hours must intervene between the
departure of any boat of one belligerent and that of any boat of
the other. This interval can be increased, according to
circumstances, by the maritime authority of the place.
- Art. 251. The taking of prizes or
any act of hostility committed by ships of the belligerent
nations in the territorial sea or in the waters adjacent to the
State shall constitute a violation of territory.
- Art. 380. The captain or master who
shall assume command of a foreign war ship without having
obtained permission of the Government will be dismissed, without
prejudice to the other penalties which he may incur from the
fact of having taken military service with a foreign
nation.
- Art. 381. All persons inscribed on
the sailors’ rolls or registers who embark on mercantile vessels
belonging to a power at war with the State incur the penalty of
imprisonment of from three months to a year.
- Art. 382. Italians who shall enlist
on privateers or war ships of powers at war with the State will
be punished by imprisonment with forced labor. Whenever they
take part in acts of depredation against ships of their own
country, they incur the penalties prescribed for those who take
up arms against the State.
Extract from the Royal Decree
of June 16, 1895, which Governs in
Time of Peace the Landing and the Stay of Foreign Men-of-ar in
Ports and on Coasts of the Kingdom.
- Art. 11. War ships of hostile powers
which are in territorial waters are forbidden to commit acts of
hostility toward each other. In case of violation of this rule,
those ships which do not obey a notice to desist are treated as
enemies by national forts and men-of-war.
- Art. 12. Foreign ships of war and
merchantmen armed for cruising are forbidden to bring prizes
into, or to arrest and search vessels in, the territorial sea or
in the sea adjacent to the Italian islands, as well as to commit
other acts which constitute an offense to the rights of state
sovereignty.
- Art. 15. In case of transgression it
is the duty of the local military marine authority or, in his
absence, of the chief officer of the port, and in the absence of
this official of the military authority on land, to notify
foreign ships of war of the strict observance of the regulations
contained in the present decree. In case of persistence in
transgression or of refusal to comply with the notice, the said
authorities will formally protest and will immediately telegraph
the information to the proper head of the department, or to the
naval or military commandant, or to the minister of war or of
the navy according to the jurisdiction under which they may be
placed.
