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.
"_Three_: A blockade, to be obligatory, must be effective; viz., it must
be maintained with sufficient force to prevent access to the enemy's
littoral.
"_Four_: The Spanish government, upholding its rights to grant letters of
marque, will at present confine itself to organising, with the vessels of
the mercantile marine, a force of auxiliary cruisers which will cooeperate
with the navy, according to the needs of the campaign, and will be under
naval control.
"_Five_: 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.
"_Six_: Defines what is included in contraband of war, naming weapons,
ammunition, equipments, engines, and, in general, all the appliances used
in war.
"_S
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