The United States demanded of Portugal, the owner of the Cape Verde
Islands, that, in accordance with international law, she send the Spanish
war-ships away from St. Vincent, or require them to remain in that port
during the war.
_April 24._ The following decree was gazetted in Madrid:
“Diplomatic relations are broken off between Spain and the United States,
and a state of war being begun between the two countries, numerous
questions of international law arise, which must be precisely defined
chiefly because the injustice and provocation came from our adversaries,
and it is they who by their detestable conduct have caused this great
conflict.”
The royal decree then states that Spain maintains her right to have
recourse to privateering, and announces that for the present only
auxiliary cruisers will be fitted out. All treaties with the United States
are annulled; thirty days are given to American ships to leave Spanish
ports, and the rules Spain will observe during the war are outlined in
five clauses, covering neutral flags and goods contraband of war; what
will be considered a blockade; the right of search, and what constitutes
contraband of war, ending with saying that foreign privateers will be
regarded as pirates.
Continuing, the decree declared: “We have observed with the 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 organising 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 October 27, 1795, and the protocol
of January 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 harbours 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 laws:
“_One_: Neutral flags cover the enemy’s merchandise, except contraband of
war.
“_Two_: Neutral merchandise, except contraband of war, is not seizable
under the enemy’s flag.
Public-domain text, read in full here on John Shaqi.
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