Mr. Everett to Mr. Day.

No. 29.]

Sir: I have the honor to inclose two copies of the Official of Netherlands-India, containing notices of the declaration of neutrality in the war between the United States and Spain.

The second one I have just received as the mail is closing, and have therefore no time to translate it. I shall, however, send full translation by next mail, and trust the delay will not be an inconvenience.

Inasmuch as in the first notice it states that the United States and Spanish Governments had already been notified (presumably from The Hague) I did not cable.

The principal points of No. 2 are:

(1)
Prizes are not to be brought into Dutch-Indian ports except in case of urgent need, such as starvation.
(2)
No prizes to be sold here.
(3)
Privateers not allowed in here, except in case of urgent need to save life.
(4)
War ships of either side can only remain here forty-eight hours, and may only buy enough coal and provisions here to take them to the nearest port.
(5)
Should two war ships, one of each side, be here together, the one that leaves last must give the first twenty-four hours’ start before she follows.
(6)
No ammunition or weapons to be sold to either side.

The above are roughly translated only, the minor technical points being omitted; they will be in full in the translation which I shall send.

I am, etc.,

Sidney B. Everett,
United States Consul.

[From the Javasche Courant, April 26, 1898.]

When war broke out between Spain and the United States of North America, the Government of the Netherlands notified the belligerent powers of its intention to observe the strictest neutrality in this war.1

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The government of the Dutch East Indies reminds the inhabitants of said Indies, and, so far as may be necessary, those who are in foreign countries, that they must abstain from any act that, being in violation of the laws of the mother country or of this colony, or of international law, might be considered as hostile to one of the belligerent powers or as not in harmony with strict neutrality.

It is enjoined upon them to respect an effective blockade and other measures of the belligerent powers that do not violate the laws of war, and to submit to the same, and they are not allowed to recruit soldiers or sailors for the armies and navies of said powers, to assist in the equipment of their war ships, or to supply or convey transports and contraband of war for them, or to engage in privateering or in the purchase and sale of booty.

The government warns them that they may rely upon its protection and intervention only in case they, on their part, carefully refrain from any violation of the duties of neutrals; whereas if they neglect these duties, they render themselves liable to damages, difficulties, and prosecutions by the courts of the Netherlands, of the Dutch East Indies, or of foreign countries.

The goverment, in conclusion, calls the attention of the inhabitants of the Dutch East Indies to article 100 of the Penal Code of the Netherlands, to articles 47 and 48 of the Penal Code in the Dutch East Indies for Europeans, and to articles 50 and 51 of the same code for natives.

[From the Javasehe Courant, April 29, 1898.]

According to information received from the minister of the colonies, the Government of Spain and that of the United States of North America will adhere, during the war which has just broken out, to points 2, 3, and 4 of the declaration of Paris of April 16, 1856, and there will be no privateering for the present.

Points 2, 3, and 4 of the aforesaid declaration are as follows:

(2)
The neutral flag protects the enemy’s goods, except contraband of war.
(3)
Neutral goods, except contraband of war, are not subject to seizure under the enemy’s flag.
(4)
Blockades, to be binding, must be effective, i. e., maintained by a force sufficient to render approach to the enemy’s coast really dangerous.

According to a communication from the minister of the colonies, information has been received from the Spanish Government that access to the ports of the Philippines is possible only with the help of the coast pilots who are available there, because there is a possibility that the beacons have been removed and the coast lights extinguished.

In pursuance of instructions received from the governor-general, the (colonial) secretary-general notifies all whom it may concern that, for the maintenance of the strict neutrality during the war between Spain and the United States of North America which is mentioned in the warning contained in the Javasche Courant of April 26, 1898, the following rules have been laid down:

(1)
No vessels of war or privateers belonging to a belligerent power shall be permitted to enter the ports or channels of the Dutch East Indies with prizes, or to remain there or in the roadsteads, except in cases of evident distress, such as disaster suffered at sea and lack of provisions. They shall leave at once when the cause of their stay has ceased.
(2)
The sale, exchange, or donation of any prizes or of articles that have belonged thereto, and of goods that have been captured, is prohibited in the ports or channels of the Dutch East Indies. Further, the unrigging and the sale of vessels of war or cruisers of the belligerents are prohibited in the aforesaid ports, and also the unrigging and sale of privateers (provided that the latter are admitted).
(3)
Privateers, even without prizes, shall not be permitted to enter the ports or channels of the Dutch East Indies, except in the cases mentioned sub numero 1, the concluding portion of which is applicable to them. They shall not be allowed to take in more provisions than are required for their immediate use; they may take in only as much coal as is necessary to supply their wants for twenty-four hours; and so far as the same vessel is concerned, not more than once in three months.
(4)
The vessels of war of the belligerent parties shall, provided that they submit to the rules of international law which govern their admission to neutral ports, be allowed to remain for not more than forty-eight hours, and not more than two vessels of each belligerent party shall be allowed to remain at the same time in ports of the Dutch East Indies; they shall be allowed to procure provisions and such quantity of coal as they may require to reach the nearest port of the country to which the ship belongs. No assistance shall, however, be rendered such vessels for making repairs or improvements, nor shall any materials necessary for such purposes be furnished to them.
(5)
When vessels of the belligerent parties (whether vessels of war, privateers, or merchantmen) are simultaneously in the same port, roadstead, or in the territorial waters of the Dutch East Indian possessions, a period of at least twenty-four hours must elapse between the departure of a vessel belonging to one belligerent party and the subsequent departure of a vessel belonging to the other party. This period of time may be extended by the port authorities according to circumstances.
(6)
The furnishing of arms or ammunition to vessels of war of the belligerent parties is prohibited, and it is further prohibited to render them assistance in any way in increasing their crews, armament, or equipment.

A. D. H. Heringa,
Secretary-General.