Mr. Newel to Mr. Sherman.

No. 108.]

Sir: Referring to my dispatch No. 100, relating to the Netherlands declaration of neutrality, I have the honor to transmit under separate cover of this date two copies of the Netherlands Official Gazette of to-day containing two ministerial orders, together with a translation of the same, prohibiting, in the first place, to Netherlands citizens the assisting of either the Spaniards or the Americans to any military material or men, and, in the second place, laying down stringent orders affecting the war ships of either nation in Netherlands waters.

It will be observed that these orders are issued by the ministers of foreign affairs, justice, marine, and war, in cooperation, they being authorized thereto by Her Majesty the Queen Regent.

I have, etc.,

Stanford Newel.
[Page 888]
[Inclosure.—Translation.]

No. i.

The ministers of foreign affairs, justice, marine, and war, authorized thereto by Her Majesty the Queen Regent:

In observance of the royal order of February 2, 1893 (Official Gazette No. 46):

Hereby publicly notify all whom it may concern that, in observance of and with a view to the maintenance of perfect neutrality during the war which has broken out between two powers friendly to ourselves, namely, Spain on the one side and the United States of America on the other, the following regulations have been agreed upon:

  • Article I. It is forbidden to supply arms or ammunition to the ships of war or privateers of the powers at war, as also to render them any assistance whatever in the increasing of their crews, arming, or equipment, and in general to voluntarily perform any act that might endanger the neutrality of the State.
  • Art. II. It is moreover forbidden:
    (a)
    To equip in this country ships of war or other vessels destined for any military end, in the interests of the parties at war, as also to convey or sell such like ships to the said parties.
    (b)
    To export arms, ammunition, or other war material to the parties at war. Herein is included the exportation of everything that is adaptable for immediate use in war, but not those of unwrought materials, unless they can be immediately turned to warlike ends.
    (c)
    To recruit military men within the territory of the State for the parties at war.
    (d)
    To organize in any military way volunteers within the territory of the State, with the purpose of annexing them to the army of either of the parties at war.

The above-mentioned ministers further direct attention to articles 100, 388, and 389 of the penal code, and hereby caution all persons domiciled within the Kingdom against becoming involved in any way in privateering and against acceptance of any foreign privateering ships’ papers, in view of the fact that all who shall carry on any privateering on such papers, or assist thereto, will be prosecuted before a Netherlands judicial authority.

Further, they direct the attention of ship commanders, shipping agents, and ships’ freighters to the danger and detriment to which they would expose themselves by not respecting an actual blockade or by conveying for either of the parties at war contraband or military dispatches, in conflict with the obligations imposed upon neutral powers.

Persons rendering themselves guilty of such like actions are liable to whatever results may follow, without any protection or intervention whatever, or any claim thereto from Her Majesty’s Government.

The above-mentioned ministers,

  • W. H. de Beaufort.
  • Cort v. d. Linden.
  • Röell.
  • Eland.

No. 2

The ministers for foreign affairs, justice, marine, and war, authorized thereto by Her Majesty the Queen Regent:

In observance of the royal order of February 2, 1893 (Official Gazette, No. 46):

Hereby publicly notify all whom it may concern, that in observance of and with a view to the maintenance of perfect neutrality during the war which has broken out between two powers friendly to ourselves, namely, Spain on the one side and the United States of America on the other, the following regulations have been agreed upon:

Article 1. The vessels and ships of war of the parties at war shall be admitted to the Kingdom’s sea channels, mentioned in article 1 of the royal order of February 2, 1893 (Official Gazette, No. 46), with due observance of the further provisions of that order, for a sojourn not exceeding twenty-four hours, unless it is absolutely necessary that a longer sojourn be granted them, either for the procuring of provender or coal, or in case of distress or dangers of the sea.

In these cases, however, they shall leave as soon as the shipment of provender or coal has been effected, which, if possible, shall be done within the first twenty-four hours, and, if not, then as quickly as possible, as soon as the dangers of the sea are passed, or in case of repairs at latest within twenty-four hours after they have been effected.

[Page 889]

In any other case the length of the sojourn shall not exceed twenty-four hours, except it becomes necessary in the carrying out of the provision of article 5 of this proclamation.

Provender may be shipped so far as is necessary for the wants of the crew, while the store of coal shall only be supplemented sufficiently to allow the ship or vessel to reach the nearest port of the country to which it belongs, or that of one of its allies in the war.

The same ship may not be provided a second time with coal, except after a lapse of three months from the first lading, unless special permission be given.

Art. 2. Privateers shall not be admitted to Netherlands’ ports or roads of sea channels, except in case of dangers of the sea, distress, or lack of provender.

As soon as the reason for their admittance has ceased to exist, they shall immediately move off.

They shall not be allowed to ship more provender than is necessary to permit of their reaching the nearest port of the country to which the ship belongs, or that of one of its allies in the war, and not more coal than is necessary to provide for their wants for twenty-four hours, sailing at a maximum pace of 10 English miles per hour.

Within a period of three months they shall not take in a fresh cargo of coal.

Art. 3. The ships of war or privateers of the parties at war shall not enter Netherlands’ ports or sea channels with prizes, except in case of dangers of the sea or lack of provender.

As soon as the reason for their admittance has ceased to exist, they shall move off.

They shall not be allowed to ship more provender than is necessary to permit of their reaching the nearest port of the country to which the ship belongs, or that of one of its allies.

Coal shall not be supplied them so long as they are in possession of prizes.

If ships of war, pursued by the enemy, seek a refuge within our territory, they shall liberate the prizes.

Art. 4. The sale, exchange, and free disposal of prizes or of articles coming thence, as also of booty, is prohibited in the ports, roads, sea channels, and in the territorial waters of the Netherlands.

Art. 5. Ships and vessels of war, which in virtue of articles 1, 2, and 3 are admitted, shall not remain in our ports, roads, or sea channels beyond the time therein indicated.

If, however, war ships or other ships and vessels of the parties at war should simultaneously be in the same harbor, roads, or sea channel of the State, a period of twenty-four hours shall elapse between the departure of a ship or ships, of a vessel or vessels, of the one party and the departure of a ship or ships, of a vessel or vessels, of the other party.

This period, according to circumstances, may be extended by the local maritime authorities.

The above-mentioned ministers,

  • W. H. de Beaufort.
  • Cort v. d. Linden.
  • Röell.
  • Eland.