The San Francisco call., 1898-04-25
Continudng. the decree adds:

Continuing, the decree adds:
 We have striven with strictest fidelity to observe the principles of international law and have shown the most scrupulouS respect for morality and the rlght o1 government. There is an opinion that the declaration of Paris does not relieve us from the duty of respecting the pfln- ciples therein enumerated. The prlnclpiee Spain unques tionably refused to adInt then was the abolition oe privateer1nS; The Government now considers It most indispensable to make absolute reserve on this point in order to maintain our nperty of action and uncontested right to have recourse to privateerinS when we con- 5der it eXpedient.
 First, by organizing immediately @ force of cruisers, auxiliary to the navy, which will be composed of vessels or our mercantile marine and with equal dis tinction in the work of our navy.
 Clause l. The state of war existing pe- tween Spain and the United States annuls the treaty of peace and amity or october 2, l796 and the protocol of January F, 1877, and all other agreements, treaties pr 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
 Clause 3. Notwithstanding that Spain has not adhered to the declaration Of Paris, the Government, respecting the DrlnClDl6S or the .ldW Ol HdllOIlS, pIOpOSSo to observe, and hereby orders to be ob- served, the following regulations ot mar itime law
 l. Neutral flags cover the enemy's mer- chardise except coptraband of war.
 g. Neutral merchandise, except contra band of war, is now 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, upholdng it's right to grant letters of marque, will at present confine itself to organizing, with the vessels of the mercantile ma rine, 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 the right of search on the high seas and in the waters under the enemy JuriSdic- tion in accordance with international law, and the regulations of which will be pub lshed.
 6. Defines what is included in contra band of war, naming weapons, ammuni;, tion, equipments, engines, and in general all the appliances used in war.
 T. To be regarded and judged as pirates, with all the rigor of the law, are cap tains, masters, officers and two-thirds of American, shall commit acts of war against Spain, even if provided with let IerS OI 1QdrQue, lSSDSu Dy the On1IeQ States.
 WASHINGTON, April 24.-The Span- ish article published by the Gaceta as to the attitude of that Government re- garding privateering and the question whether or not coal shall be held con- traband of war was discussed by the State Department officials to-day. In response to questions put to him, Judge William L. Penfield, the solicitor of the department, made the following un- official statement, which, he said, is not to be regarded as indicating in any way the action and policy of this Gov ernment, but is given for the informa- tion of merchants and shippers:
 This Government has not yet officially prescribed list of articles which 1t will treat as contraband of war. If Spain has taken any such action it is not yet made public
 Each Government is competent to pre- scribe it's own list for the guidance of its own authorities. Such list is conclusive upon the Government making it and upon all neutral nations, in the absence of any disregard of the treaty engagement and of international law. Any gross disre- would perhaps provoke the interposition of any neutral state affected
 Until such list Is prescribed the ques- tion whether, articles are contraband ally by the law of nations and specifically by the treaty stipulations by the bellig- erent captor and the neutral state to whose subject the articles belong
 International law gives no hard-and- fast rule for the determination of the cues ton whether articles are contraband ex- cept the general rule that all articles of an essentially warlike character and des- tined for an enemys use are contraband. Many articles, such as provisions coal etc.. are of an equivocal character. and if destined for the enemy's use are deemed contraband.
 It follows that if such lists should be prepared by the United States and Spain they may be identical or may be widely divergent, depending on the policy of each Government. The action of each Government will bind only itself and it's own prize courts and neutrals. The ques- tion whether contraband or not might therefore depend upon whether the cap tor was American or Spanish. and ship pers in neutral vessels would not only consider the goods shipped. but whether destined for American or Spanish ports and whether the goods are included in the list denounced as contraband by the one or the other state.
 This Government has already oa- nounced that it will not resort to pri- watering Spain has announced the same policy. In the light of the previous declaration by this Government Spain's announcement that she will treat our privateers as pirates is brutum fulmen-- worthy of Don Quixote The Spanish Government has published its intention to exercise the right of search. The right to do so is undoubted. But the right can be lawfully exercised only for the Dur pose of determining the nationality of