Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part II

By the President of the United States of America.

[The Hague, December 21, 1904]

A PROCLAMATION.

Whereas a Convention providing for the exemption of Hospital Ships in time of war from the payment of all dues and taxes imposed for the benefit of the State was signed at The Hague on December 21, 1904, by the Plenipotentiaries of the United States of America, Germany, Austria-Hungary, Belgium, China, Korea, Denmark, Spain, Mexico, France, Greece, Italy, Japan, Luxemburg, Montenegro, The Netherlands, Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, and Switzerland, the original of which Convention in the French language is word for word as follows:

[Translation.]

convention regarding hospital ships.

His Majesty the Emperor of Germany, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical King of Hungary; His Majesty the King of the Belgians; His Majesty the Emperor of China; His Majesty the Emperor of Corea; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President [Page 904] of the United Mexican States; the President of the French Republic; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; His Highness the Prince of Montenegro; Her Majesty the Queen of the Netherlands; the President of the Peruvian Republic; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, etc.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; His Majesty the King of Servia; His Majesty the King of Siam, and the Swiss Federal Council,

Taking into consideration that the Convention concluded at The Hague on July 29, 1899, for the adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22, 1864, has sanctioned the principle of the intervention of the Red Cross in naval wars by provisions in favor of hospital ships;

Desirous of concluding a convention to the end of facilitating by additional provisions the mission of such ships;

Have appointed as their Plenipotentiaries, to wit:

His Majesty the Emperor of Germany, King of Prussia: M. de Schlözer, His envoy extraordinary and minister plenipotentiary to The Hague;
His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical King of Hungary: M. Alexander Okolicsanyi d’Okolicsna, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the King of the Belgians: M. Baron Guillaume, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the Emperor of China: Hoo Wei-Teh, His envoy extraordinary and minister plenipotentiary at St. Petersburg;
His Majesty the Emperor of Corea: Young Chan Min, His envoy extraordinary and minister plenipotentiary at Paris;
His Majesty the King of Denmark: M. W. de Grevenkop Castenskiold, chargé d’affaires of the Kingdom at The Hague;
His Majesty the King of Spain: M. Arthur de Baguer, His envoy extraordinary and minister plenipotentiary at The Hague;
The President of the United States of America: Mr. John W. Garrett, chargé d’affaires ad interim of the Republic at The Hague;
The President of the United Mexican States: M. Zenil, envoy extraordinary and minister plenipotentiary of the Republic at Vienna;
The President of the French Republic: M. de Monbel, envoy extraordinary and minister plenipotentiary of the Republic at The Hague;
His Majesty the King of Hellenes: M. D. G. Metaxas, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the King of Italy: M. Tugini, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the Emperor of Japan: M. Nobukata Mitsuhashi, His envoy extraordinary and minister plenipotentiary at The Hague;
His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau: M. Count H. de Villers, chargé d’affaires of the Grand Duchy at Berlin;
His Highness the Prince of Montenegro: M. N. Tcharikow, envoy extraordinary and minister plenipotentiary of His Majesty the Emperor of All the Russias at The Hague;
Her Majesty the Queen of the Netherlands: M. Baron Melvil de Lynden, Her minister of foreign affairs, and M. T. M. C. Asser, Her minister of state, member of Her council of state;
The President of the Peruvian Republic: M. C. G. Candamo, envoy extraordinary and minister plenipotentiary of the Republic at Paris and at London;
His Imperial Majesty the Shah of Persia: Mirza Samad Khan, momtazos saltaneh, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the King of Portugal and of the Algarves, etc.: M. Count de Selir, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the King of Roumania: M. Jean N. Papiniu, His envoy extraordinary and minister plenipotentiary at The Hague;
His Majesty the Emperor of All the Russias: M. Martens, His privy councilor, permanent member of the council of the imperial minister of foreign affairs;
His Majesty the King of Servia: M. M. Vesnitch, His envoy extraordinary and minister plenipotentiary at Paris;
His Majesty the King of Siam: Phya Raja Nupraphandh, His envoy extraordinary and minister plenipotentiary at The Hague;

The Swiss Federal Council: M. G. Carlin, envoy extraordinary and minister plenipotentiary of the Confederation at The Hague; Who, after communication of their full powers, found to be in good and due form, have agreed on the following provisions:

Article First.

Hospital ships, concerning which the conditions set forth in Articles 1, 2 & 3 of the Convention concluded at The Hague on July 29, 1899, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of August 22, 1864, are fulfilled shall be exempted, in time of war, from all dues and taxes imposed on vessels for the benefit of the State, in the ports of the Contracting Parties.

Article 2.

The provision of the foregoing article does not prevent the application, by means of visitation or other formalities of fiscal or other laws in force at said ports.

Article 3.

The rule laid down in article first is binding only on the Contracting powers in case of war between two or more of them.

The said rule shall cease to be binding from the time when a non Contracting Power shall join one of the belligerents in a war between Contracting Powers.

Article 4.

The present Convention which bearing the date of this day, may be signed until the first of October, 1905, by the powers expressing their desire to do so, shall be ratified as soon as possible. The ratifications shall be deposited at The Hague.

A proces verbal of the deposit of the ratifications shall be drawn up and a copy thereof, duly certified, shall be delivered through the diplomatic channel to all the Contracting Powers.

[Page 906]

Article 5.

The nonsignatory Powers are permitted to adhere to the present Convention after October first, 1905.

They shall, to that end, make their adhesion known to the Contracting Powers by means of a written notification addressed to the Government of the Netherlands and communicated by the latter to the other Contracting Powers.

Article 6.

In the event of one of the High Contracting Powers denouncing the present Convention, such denunciation shall not take effect until one year after the notification made in writing to the Government of the Netherlands and immediately communicated by the latter to all the other Contracting Powers. This denunciation shall only affect the notifying power.

In testimony whereof the plenipotentiaries have signed the present Convention and affixed their seals thereto.

Done at The Hague the twenty-first of December, one thousand nine hundred and four, in a single copy which shall remain filed in the archives of the Government of the Netherlands and copies of which, duly certified, shall be delivered through the diplomatic channel to the Contracting Powers.

(l. s.) von Schlözer.
(Under reservation of the declaration made at the meeting of the Conference held December 21, 1904.)
(l. s.) Okolicsanyi d’Okolicsna.
(l. s.) Guillaume.
(l. s.) Hoo Wei-teh.
(l. s.) Young Chan Min.
(l. s.) W. Grevenkop Castenskiold.
(l. s.) A. de Baguer.
(l. s.) John W. Garrett.
(l. s.) J. Zenil.
(l. s.) Monbel.
(l. s.) D. G. Metaxas.
(l. s.) tugini.
(l. s.) Nobukata Mitsuhashi.
(l. s.) Cte. de Villers.
(l. s.) N. Tcharykow.
(l. s.) Bn. Melvil de Lynden.
(l. s.) T. M. C. Asser.
(l. s.) C. G. Candamo.
(l. s.) M. Samad.
(l. s.) Conde de Selir.
(l. s.) J. N. Papiniu.
(Under reservation of reciprocity and of pilotage dues.)
(l. s.) Martens.
(l. s.) Mil. R. Vesnitch.
(l. s.) Raja Nupraphandh.
(l. s.) Carlin.

Certified to as a true copy:

Hannema,
Secretary-General of the Ministry of Foreign Affairs of the Netherlands

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[Translation.]

Final Act.

At the moment of proceeding to sign the Convention having for its object the exemption of hospital ships in time of war in the ports of the Contracting Parties from all dues and taxes imposed on vessels for the benefit of the State, the Plenipotentiaries signing the present Act express the wish that, in view of the highly humanitarian mission of these ships, the Contracting Governments may take the measures necessary in order to exempt these ships within a short time also from the payment of the dues and taxes collected in their ports for the benefit of others than the State, especially those collected for the benefit of municipalities or of private companies or persons.

In witness whereof the Plenipotentiaries have signed the present procès-verbal, which, bearing the date of this day, may be signed up to the first of October, 1905.

Done at The Hague, the twenty-first of December, nineteen hundred and four, in a single copy, which shall remain on file in the archives of the Government of the Netherlands, and of which certified copies shall be delivered through the diplomatic channel to the Powers signing the aforementioned Convention.

The plenipotentiary of H. M. the Emperor of Germany, King of Prussia
v. Schlözer.
The plenipotentiary of His Imperial and Royal Apostolic Majesty
Okolicsanyi d’Okolicsna.
The plenipotentiary of H. M. the King of the Belgians
Guillaume.
The plenipoteniary of H. M. the Emperor of China
Hoo Wei-teh.
The plenipotentiary of H. M. the Emperor of Korea
Y. C. Min.
The plenipotentiary of H. M. the King of Denmark
W. Grevenkop Castenskiold.
The plenipotentiary of H. M. the King of Spain
A. de Baguer.
The plenipotentiary of the United States of America
John W. Garrett.
The plenipotentiary of the United Mexican States
J. Zenil.
The plenipotentiary of the French Republic
Monbel.
The plenipotentiary of H. M. the King of the Hellenes
D. G. Metaxas.
The plenipotentiary of H. M. the King of Italy
Tugini.
The plenipotentiary of His Majesty the Emperor of Japan
nobukata Mitsuhashi.
The plenipotentiary of H. R. H. the Grand Duke of Luxemburg, Duke of Nassau
Cte. de Villers.
The plenipotentiary of H. H. the Prince of Montenegro
N. Tcharykow.
The plenipotentiary of Her Majesty the Queen of the Netherlands
T. M. C. Asser.
The plenipotentiary of the Peruvian Republic
C. G. Candamo.
The plenipotentiary of H. I. M. the Shah of Persia
M. Samad.
The plenipotentiary of H. M. the King of Portugal and of the Algarves, etc.
Conde de Selir.
The plenipotentiary of H. M. the King of Roumania
J. N. Papiniu.
The plenipotentiary of H. M. the Emperor of All the Russias
Martens.
The plenipotentiary of H. M. the King of Servia
Vesnitch.
The plenipotentiary of H. M. the King of Siam
Raja Nupraphandh.
The plenipotentiary of the Swiss Confederation
Carlin.

Certified to as a true copy.

Hannema,
Secretary General of the Ministry of Foreign Affairs of the Netherlands.

And whereas, the said Convention was duly ratified by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the governments of the other signatory powers, with the exception of Spain, Italy, Persia, and Servia;

And whereas, in pursuance of Article IV of the said Convention the ratifications thereof were deposited at The Hague on the 26th day of March, 1907, by the Plenipotentiaries of the United States of America, Germany, Austria-Hungary, Belgium, China, Denmark, Mexico, Greece, Japan, both for Japan and Korea, Luxemburg, Montenegro, The Netherlands, Peru, Portugal, Roumania, Russia, Siam, and Switzerland, and on the 10th day of April, 1907, by the Plenipotentiary of the Government of France;

And whereas, in pursuance of Article V of the said Convention, the Government of Guatemala, on March 24, 1906, and the Government of Norway, on January 8, 1907, made their adherence to the said Convention known to the Contracting Powers by means of written notifications addressed to the Government of the Netherlands;

Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

[seal.] Done at the City of Washington, this twenty-first day of May, in the year of our Lord one thousand nine hundred and seven, and of the Independence of the United States of America the one hundred and thirty-first.

Theodore Roosevelt.

By the President:
Elihu Root,
Secretary of State.