Mr. Winthrop to Mr. Hay.

No. 281.]

Sir: I have the honor to acknowledge the receipt of your unnumbered dispatch of September 23, 1904, requesting this legation to procure for the Department copies of the neutrality proclamations issued by the Government of Spain during the war between Russia and Japan.

In accordance therewith, I have the honor to inclose a copy of the Gaceta de Madrid of February 11, 1904, containing the only proclamation issued by the Government of Spain.

I may add that it is not the Spanish custom to publish such proclamations separately.

I have, etc.,

Robert M. Winthrop.

Hostilities having unfortunately broken out between Russia and Japan, owing to the attack of the latter power on the Russian squadron anchored in the outer roads of Port Arthur, according to a note of the ambassador of the Russian Empire at this court to-day, the Government of His Majesty deems it a duty to enjoin the strictest neutrality on Spanish subjects, in accordance with the laws in force and with the principles of international public law.

In consequence whereof it is hereby announced that Spaniards residing in Spain or abroad, who shall commit any hostile act which may be considered contrary to the most absolute neutrality, shall forfeit the right to the protection of His Majesty’s Government and shall suffer the consequence of any measure adopted by the belligerents, without prejudice to the penalties which they may incur in accordance with the laws of Spain.

Any agents, whether nationals or foreigners, engaging in or promoting the recruiting of soldiers for either of the belligerent armies or squadrons, within Spanish territory, shall be likewise punished, according to article 150 of the penal code.