At an early stage of the contest the Spanish authorities conceived it to be necessary to issue certain decrees which were contrary to public law and, in so far as they affected citizens of the United States, in violation of treaty obligations. On March 24, 1869, the captain-general issued a decree authorizing the capture on the high seas of vessels carrying men, arms, munitions, or effects in aid of the insurgents, and declaring that "all persons captured in such vessels without regard to their number will be immediately executed."[109] By another decree the estates of American citizens suspected of sympathy with the insurgents were confiscated.[110] Secretary Hamilton Fish protested against these decrees so far as they affected citizens of the United States, as they were in violation of the provisions of the treaty of 1795. On July 7, 1869, the captain-general issued another decree closing certain ports, declaring voyages with arms, ammunition, or crew for the insurgents illegal, and directing cruisers on the high seas to bring into port all vessels found to be enemies. On July 16 Mr. Fish called the attention of the Spanish minister to this decree, saying that it assumed powers over the commerce of the United States that could be permitted only in time of war; that the United States would not yield the right to carry contraband of war in time of peace, and would not permit their vessels to be interfered with on the high seas except in time of war; that if Spain was at war she should give notice to the United States to that effect, and that a continuance of the decree or any attempt to enforce it would be regarded as a recognition by Spain of a state of war in Cuba. This declaration produced a prompt modification of the decree so far as it concerned the search of vessels on the high seas.