JULY 7.] THE NEW ZEALAND GAZETTE. 1109

Rules to be observed during Hostilities between the United States and Spain.

Defence Office,
Wellington, 29th June, 1898.

HIS Excellency the Governor directs that the following circular, together with an extract from the London Gazette, received from the Secretary of State for the Colonies, be published for general information.

T. THOMPSON,
Minister of Defence.

(Circular.) Downing Street, 9th May, 1898.

SIR,—I have the honour to transmit to you, for the information of your Government and for publication in the colony, an extract from the London Gazette containing a note from the United States Ambassador at this Court announcing the rules which his Government intend to observe during hostilities between the United States and Spain, together with a translation of a Royal Decree issued by the Spanish Government as to the principles which that Government will observe during the war, and a translation of the Instructions drawn up by the Spanish Minister of Marine for exercising the right of visit in accordance with Article 5 of the Royal Decree.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

[Extract from the London Gazette of Tuesday, 3rd May, 1898.]

Foreign Office, 3rd May, 1898.

THE Secretary of State for Foreign Affairs has received the following note from the American Ambassador at this Court:—

American Embassy,
London, 23rd April, 1898.

MY LORD,—I have the honour to acquaint your Lordship that I have been informed of the intention of the Government of the United States, in the event of hostilities between that Government and Spain, not to resort to privateering, but to adhere to the following recognised rules of international law:—

First, the neutral flag covers enemy’s goods, with the exception of contraband of war;

Second, neutral goods, with the exception of contraband of war, are not liable to capture under the enemy’s flag; and

Third, blockades, in order to be binding, must be effective.

I have, &c.,
JOHN HAY.

The Most Honourable the Marquess of
Salisbury, &c.

Foreign Office, 3rd May, 1898.

THE Secretary of State for Foreign Affairs has received, through Her Majesty’s Embassy at Madrid, the following translation of a Decree issued by the Spanish Government on the 23rd of April, 1898:—

ROYAL DECREE.

In accordance with the advice of my Council of Ministers; in the name of my son, King Alfonso XIII., and as Queen-Regent of the Kingdom,

I decree as follows:—

Art. I. The state of war existing between Spain and the United States terminates the treaty of peace and friendship of the 27th October, 1795, the protocol of the 12th January, 1877, and all other agreements, compacts, and conventions that have been in force up to the present between the two countries.

Art. II. A term of five days from the date of the publication of the present Royal Decree in the Madrid Gazette is allowed to all United States ships anchored in Spanish ports, during which they are at liberty to depart.

Art. III. Notwithstanding that Spain is not bound by the declaration signed in Paris on the 16th April, 1856, as she expressly stated her wish not to adhere to it, my Government, guided by the principles of international law, intends to observe and hereby orders that the following regulations for maritime law be observed:—

(a.) A neutral flag covers the enemy’s goods, except contraband of war.

(b.) Neutral goods, except contraband of war, are not liable to confiscation under the enemy’s flag.

(c.) A blockade, to be binding, must be effective—that is to say, maintained with a sufficient force to actually prevent access to the enemy’s coast.

Art. IV. The Spanish Government, while maintaining their right to issue letters of marque, which they expressly reserved in their note of the 16th May, 1857, in reply to the request of France for the adhesion of Spain to the Declara-
tion of Paris relative to maritime law, will organize for the present a service of “auxiliary cruisers of the navy,” composed of ships of the Spanish mercantile navy, which will co-operate with the latter for the purposes of cruising, and which will be subject to the statutes and jurisdiction of the navy.

Art. V. In order to capture the enemy’s ships, to confiscate the enemy’s merchandise under their own flag, and contraband of war under any flag, the Royal Navy, auxiliary cruisers, and privateers, if and when the latter are authorised, will exercise the right of visit on the high seas and in the territorial waters of the enemy, in accordance with international law and any regulations which may be published for the purpose.

Art. VI. Under the denomination “contraband of war,” the following articles are included:—

Cannons, machine-guns, mortars, guns, all kinds of arms and firearms, bullets, bombs, grenades, fuses, cartridges, matches, powder, sulphur, saltpetre, dynamite, and every kind of explosive; articles of equipment like uniforms, straps, saddles, and artillery and cavalry harness, engines for ships and their accessories, shafts, screws, boilers, and other articles used in the construction, repair, and arming of warships, and in general all warlike instruments, utensils, tools, and other articles, and whatever may hereafter be determined to be contraband.

Art. VII. Captains, commanders, and officers of non-American vessels or of vessels manned as to one-third by other than American citizens, captured while committing acts of war against Spain, will be treated as pirates, with all the rigour of the law, although provided with a license issued by the Republic of the United States.

Art. VIII. The Minister of State and the Minister of Marine are charged to see the fulfilment of the present Royal Decree, and to give the orders necessary for its execution.

Madrid, 23rd April, 1898.

MARIA CRISTINA.

Foreign Office, 3rd May, 1898.

THE Secretary of State for Foreign Affairs has received, through Her Majesty’s Embassy at Madrid, the following translation of the instructions drawn up by the Spanish Minister of Marine for exercising the right of visit in accordance with Article V. of the Royal Decree which was issued on the 23rd April, 1898.

ROYAL ORDER.

(Translation.) Madrid, 24th April, 1898.

YOUR EXCELLENCY,—His Majesty the King, and in his name the Queen-Regent, have been pleased to approve of the annexed instructions for exercising the right of visit. They have been drawn up by the Minister of Marine in accordance with Article V. of the Royal Decree issued by the President of the Council of Ministers on yesterday’s date.

(Signed) SEGISMUNDO BERMEJO.

To the President of the Council of the Fleet.

Instructions for the Exercise of the Right of Visit.

(Translation.)

1. Right of visit can only be exercised by belligerents; hence it can evidently be only resorted to during international conflicts by one or other of the States at war, as also during internal civil or insurrectionary wars, when one or more foreign Powers have recognised the insurrectionary party as belligerents. In such circumstances, right of visit can be exercised by the Mother-country; but it is restricted to the merchant-vessels of the nation or nations who have given this recognition, and who are for such reason in the position of neutrals.

2. In accordance with the position laid down in the preceding article, ships of war and merchant-vessels of the belligerents, when legally armed either as auxiliary cruisers of their navy or as privateers, if and when they are authorised, may in their own territorial waters, or those under the jurisdiction of the enemy, or in the open seas, detain such merchant-vessels as they meet with in order to verify the legitimacy of their flag, and, if neutrals, and proceeding to a port of the other belligerent, the nature of their cargo.

3. Seas subject to the sovereign jurisdiction of neutral Powers are absolutely inviolable: right of visit may not therefore be resorted to within them, even if it be alleged that it was attempted to exercise such right in the open sea, and that, on chase being given, and without losing sight of the vessel pursued, the latter penetrated into neutral waters. Neither may the violation of the rights attaching to such waters be justified under the pretext that the coast washed thereby was undefended or uninhabited.

4. The following is the method of exercising right of visit:—

(A.) Notification to the vessel to be visited to lay-to and state its nationality is made by the visiting vessel hoisting her national flag and firing a blank shot, a signal upon which the merchant-vessel is bound to hoist the flag of the nation to which it belongs, and lay-to,