The herald., 1898-04-25
A ROYAL DECREE
SETTING FORTH THE SPANISH
INTENTIONS
PRIvAT[fR PRIVILEGE
rs DISTINCTLY AND FORMALLY
RESERVED
ALL TREATIES ARE ANNULLED
Thirty Days Given to American Ships
to Depart in Peace From
Spanish Harbors
Associated Press Special Wire

Associated Press Special Wire
MADRID, April "a, p. m.-The follow
ing royal decree was gazetted today:
diplomatic relations are broken Off be-
tween Spain and the United tSates ana a
state Of war being begun between the two
countries, numerous questions OF interna-
tional law arise which must be precisely
defined. chiefly because the injustice ana
provocation came from our adversaries'
and it is they who, by their detestabie
conduct, have caused this grave conf1!ct
The decree then says 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 an
nulled; thirty days are given to the united
States ships to leave Spanish ports, ana
the rules Spain will observe druing the
war are outlined in five clauses, covering
neutral flags and goods contrapano Oh
war; what will be considered a blockade
the right Of search and what constitutes
contraband of war, ending with saying
foreign priyateers will be regarded as pi-
rates.
Continuing, the decree adds:
1--WE have striven with strictest hoehty
TO observe these principles OF international
law and have shown the most scrupVous
respect for morality and the right OF gov
ernment. There is an opinion that the
fact that we had not adhered to the dec
laration OF Paris does not relieve us from
the duty of respecting the principles there
In enunciated. The principle Spain un-
questionably refused to admit then was
the abolition q privateering. The govern
ment now considers it most indispensable
to mako absolute reserve on this point IN
order to maintain our liberty OF action and
uncontested right to have recourse to pri-
watering when we consider 1t expedient.
First, by organizing Immediately force
of cruisers auxiliary to the navy, whicn
will be composed of vessels of our mercan-
tile marine and with equal distinction IN
the work of the navy"
Following is a summary of the more i'm
portant of the five clauses outlining the
rules Spain will observe during the war:
Clause 1.-The state of war existing be-
tween Spain and the United States annuls
the treaty of peace and amity Of October
27, 1895, and the protocol of January II.
1877, and all other agreements, treaties or
conventions in force between the two
countries.
presents thirty days are granted to all
ships of the United States anchored in our
harbors to take their departure free Of
hindrance.
Clause 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 alb
solved the following regulations Of mari
time law:
First-Neutral flags cover the enemy's
merchandise except contraband of war.
Second-Neutral merchandise, except
contraband of war, is now seizable under
the enemy's flag.
Third-A blockade, to be obligatory
must be effective. viz: 1t must be main
.tained with sufficient force to prevent ac-
cess to the enemys littoral
Fourth-The Spanish government, up
holding its right to grant letters of
marque, will at present confine itself to
organizing, with the vessels of the mer-
camille marine, force of auxiliary cruis-
ers which will cooperate with the navy
according to the needs of the campaign
and will be under naval control.
F'ifth-In order to capture the enemy's
ships and confiscate the enemy's merchan-
disc and contraband of war under what
ever form the auxiliary cruisers will exer-
else the right of search on the high seas
and. in the waters under the enemy's juris-
diction in accordance with international
law and the regulations which will be pub
lshed.
Sixth-Defnes what Is included in con-
traband Of war, naming weapons. ammu-
milton, equipments, engines and in general
all the appliances used in war.
Seventh-To be regarded and judged as
pirates, with all the rigor of the law, are
captains, masters, officers and two-thirds
Of the crew of vessels which, not being
American, shall commit acts of war
against Spain, even If provided with let
ters Of marque issued by the United
States.
The Spanish Budget
MADRID, April "a, 6 p. m.-The cabinet
council today approved the general
budget. Despite the published statements
in New York to the contrary, it is de-
clared here that the Spanish navy is fully
supplied with coal. The government has re-
ceived no official information Of the cap
ture of any American vessels.
The Coal Question
WASHINGTON, April A.--The Spanish
article published by the Gazetia as to the
attitude of the government regarding pri-
watering and the question whether or not
coal shall be held contraband of war was
discussed by the state department officials
today. IN response to questions put to
him by representative of the Associated
Press, Judge William L. Penfleld, the So
ltcitor of the department made the fol-
lowing unofficial statement which he said
Is not to be regarded as indicating in any
way the action and policy of this govern
ment, but is given for the information of
merchants and shippers:
This government has not yet officially
prescribed list of articles which it will
treat as contraband of war. II Spain has
taken any such action 1t is not yet made
public.
Each government is competent to pre-
scribe Its own list for the guidance of
US own authorities. Such list is conclusive
upon the government making 1t and upon
hll neutral nations, in the absence of any
Disregard of treaty enea garments or of IN