Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 6, 1904
Mr. Newel to Mr. Hay.
The Hague , October 5, 1904 .
I have the honor to inclose herewith a copy of the neutrality proclamation of the Netherlands Government issued February 12, 1904, together with a translation, and also a translation of the rules for the maintenance of neutrality in the Netherlands Indies as published in the Java Courant of February 11, 1904.
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I have, etc.,
The ministers of foreign affairs, of justice, of marine, and of war, thereto authorized by Her Majesty the Queen, hereby proclaim to all whom it may concern, that the Netherlands Government will preserve strict neutrality in regard to the hostilities which have broken out between Japan and Russia, and in observance of such neutrality do issue the following prohibitions:
It is prohibited to enlist within the Kingdom in the interests of either belligerent party either soldiers or volunteers, to form or to drill auxiliary troops or voluntary corps.
It is prohibited within the Kingdom in the interests of either of the belligerent parties to take service on any war ship.
It is prohibited within the Kingdom to equip in the interests of either of the belligerent parties any vessel for military purposes, to arm or to man such, or to bring or to provide such vessels to the said parties.
It is prohibited within the Kingdom to provide ammunition or arms to war ships of either of the belligerent parties, to assist them in any way toward the increase of their men, arms, or equipment and to the making of any improvement or repairs, as also toward the providing of the material or implements necessary thereto.
The same prohibition is made in regard to every vessel that is evidently destined for the direct conveyance to a war ship of either of the belligerent parties of the assistance or goods mentioned in the first clause.[Page 27]
It is prohibited, without previous sanction thereto from the proper authority, to afford within the territory of the Kingdom to any war ship of the belligerent parties provisions or fuel.
It is prohibited within the Kingdom to assist in the clearing or repairing of any prize ship, in the sale of any prize goods, or to accept as a gift or in exchange or to hold the same for the purpose of preservation.
Under the vessels mentioned in the preceding articles are not included the hospital vessels referred to in the treaty of July 29, 1899, ratified by the law of the 9th of July, 1900 (Official Gazette, No. 125).
Under the territory of the Kingdom is also included the seacoast to within a distance of 3 nautical miles of 60 degrees latitude at low-water mark. In regard to bays, that distance of 3 nautical miles shall be measured from a straight line athwart the bay as close as possible to the entrance at the first point at which the entrance to the bay exceeds 10 miles of 60 degrees latitude.
The above-mentioned ministers also direct attention to the following legal provisions:
- Art. 100. 1°. Penal Code, reading as follows: “Imprisonment for a period not exceeding six years may be incurred by the person who, in the case of war in which the Netherlands is not concerned, commits any act by which the neutrality of the Kingdom may be endangered or any special provision issued by the Government in maintenance of neutrality be infringed.”
- Art. 205. Penal Code, reading: “He who without the sanction of the sovereign shall enlist anyone for foreign service shall be liable to imprisonment for a period not exceeding one year, or a fine not exceeding 3,000 florins.”
- Art. 7. 4° of the law relating to Netherlands citizenship and the rights of residents in the country reads: “Netherlands citizenship is forfeited by the adoption of foreign service without the sanction of the sovereign in foreign military or state service.”
Finally, the above-mentioned ministers warn all Netherlands subjects to withhold from any action that is not in accordance with the strict neutrality of the Netherlands in regard to the belligerent parties, and that they can only reckon on the interference and protection of the Government when it shall be evident that they have in no way neglected the obligations resting upon them as the citizens of a neutral State.
Hence the Netherlands citizens are hereby urgently admonished to respect all steps that the belligerent parties may adopt in conformity with belligerent rights.
Their attention, and especally that of captains, shipowners and ship brokers, is directed to the danger and risks consequent on the nonobservance of efficient blockade of the belligerent parties, the conveyance for them of contraband of war, of military dispatches (unless in the way of regular postal service), and the execution of any other transport service in their interest.
The minister of justice,
The minister of marine,
The minister of state, the minister of war,
Rules for the maintenance of neutrality in the Netherlands Indies.
In a special edition of the Java Courant of the 11th of February prescriptions are published in regard to the maintenance of neutrality in the Netherlands Indies during the war in East Asia, the rules coming entirely in accordance with those issued in this country respecting the same subject, as published in the Netherlands.
In addition thereto, however, it appears from the Java Courant that the following additional measures are issued for the Netherlands Indies:
- Article 1. Not more than three ships or war vessels of either of the belligerent parties shall be admitted to the harbors or marine outlets of the Netherlands Indies at the same time. They shall be admitted to such places for a period not exceeding twenty-four hours, except in the case of urgent necessity, either in order to take in supplies of provender or fuel or in cases of necessity or distress. In such cases they shall be compelled to leave as soon as they shall have shipped provender or fuel, which if possible must be accomplished within twenty-four hours, or otherwise as quickly as possible, as soon as the danger has passed, and in the case of repairs within twenty-four hours after those repairs have been completed. In no other case shall twenty-four hours’ limit be surpassed, except where such is necessary in the application of article 5 of this proclamation. Sufficient provender may be shipped as is necessary for the maintenance of the crew, while the stock of fuel may not exceed an amount necessary for the vessel to reach the nearest harbor of the country to which the vessel belongs or of one of its allies in the war. The same vessel shall not be allowed to return a second time for fuel within a period of three months from the time of the first supply, except special authorization be given thereto. The crew shall only be allowed to go ashore unarmed—officers and sergeants, provided they carry nothing else but their swords, are excepted in so far as such articles form a part of their uniform—and no plying of boats be allowed but as unarmed.
- Article 2. Privateers shall not be admitted to the harbors or outlets in the Netherlands Indies, except in the case of distress, dangers of the sea, or want of provisions. As soon as the reason for their entry is passed they shall immediately leave. They shall not take in more provisions than is required for them to reach the nearest harbor of the country to which they belong or that of one of their allies in the war, and not more coal than is necessary to provide for their requirements for a period of twenty-four hours, sailing at a maximum of three English miles an hour. Within a period of three months they shall not be provided with coal a second time.
- Article 3. War ships or privateers shall not be admitted to the harbors or outlets of the Netherlands Indies when accompanied by prize, except in the case of distress or want of provisions. As soon as the reason for their entry is passed they shall leave immediately. They shall not ship more provisions than is necessary for them to reach the nearest harbor of the country to which they belong, or that of one of their allies in the war. So long as they keep prizes coal shall not be supplied them. When war ships pursued by the enemy shall seek shelter in Netherlands Indies waterways they shall abandon their prizes.
- Article 4. The sale and exchange and distribution of prizes or of articles derived thence, as also of booty, shall not be allowed in the harbors, roads, in the outlets, and the territorial waters of the Netherlands Indies.
- Article 5. Ships and war vessels which, in accordance with articles 1, 2, 3, are admitted, shall not remain in the harbors, roads, or outlets of the Netherlands Indies longer than the stipulated time.
Should, however, war vessels or other ships and vessels of the belligerent parties be in the same harbor, in the roads, or in the same outlet of the Netherlands Indian Archipelago at the same time, an interval of twenty-four hours shall be allowed to elapse between the departure of one ship or of ships, of one vessel or of vessels, of the one party, and the following departure of a ship or of ships, of one vessel or of vessels, of the other party.
This period shall be regulated by the maritime authorities of the place.