Our War with Spain for Cuba's FreedomWhite, Trumbull
History
Our War with Spain for Cuba's Freedom
White, Trumbull
Cuba -- History; Spain -- Foreign relations -- United States; Spanish-American War, 1898; United States -- Foreign relations -- Spain
We have observed with strictest fidelity the principles of
international law and have shown the most scrupulous respect for
morality and the right of government. There is an opinion that the
fact that we have not adhered to the declaration of Paris does not
exempt us from the duty of respecting the principles therein
enunciated. The principle Spain unquestionably refused to admit
then was the abolition of privateering. The government now
considers it most indispensable to make absolute reserve on this
point in order to maintain our liberty of action and uncontested
right to have recourse to privateering when we consider it
expedient, first by organizing immediately a force of cruisers
auxiliary to the navy, which will be composed of vessels of our
mercantile marine and with equal distinction in the work of our
navy.
Clause 1--The state of war existing between Spain and the United
States annuls the treaty of peace and amity of Oct. 27, 1795, and
the protocol of Jan. 12, 1877, and all other agreements, treaties,
or conventions in force between the two countries.
Clause 2--From the publication of these presents thirty days are
granted to all ships of the United States anchored in our harbors
to take their departure free of hindrance.
Clause 3--Notwithstanding that Spain has not adhered to the
declaration of Paris the government, respecting the principles of
the law of nations, proposes to observe, and hereby orders to be
observed, the following regulations of maritime law:
1. Neutral flags cover the enemy's merchandise except contraband
of war.
2. Neutral merchandise, except contraband of war, is not seizable
under the enemy's flag.
3. A blockade to be obligatory must be effective--viz.: It must be
maintained with sufficient force to prevent access to the enemy's
littoral.
4. The Spanish government, upholding its right to grant letters of
marque, will at present confine itself to organizing, with the
vessels of the mercantile marine, a force of auxiliary cruisers
which will cooperate with the navy according to the needs of the
campaign and will be under naval control.
5. In order to capture the enemy's ships and confiscate the
enemy's merchandise and contraband of war under whatever form, the
auxiliary cruisers will exercise the right of search on the high
seas and in the waters under the enemy's jurisdiction, in
accordance with international law and the regulations which will
be published.
6. Defines what is included in contraband of war, naming weapons,
ammunition, equipments, engines, and, in general, all the
appliances used in war.
7. To be regarded and judged as pirates with all the rigor of the
law are captains, masters, officers, and two-thirds of the crews
of vessels which, not being American, shall commit acts of war
against Spain, even if provided with letters of marque issued by
the United States.
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