Conferences held at Geneva in 1867 and 1869, still further perfected the organization and operation of the International Committee of Berne, and its relations to the several civil Central Red Cross Committees in the adhering States, to the end that the latter might not alone co-operate with the governments of their respective nations in time of war, but should perform analogous relief work in each State in time of pestilence, famine or other national calamity. Of the American National Red Cross, and its conspicuous peaceful services in time of national suffering at home and abroad, it is superfluous to speak.

Thus is clearly explained why, on such great fields of suffering and disaster as the Ohio Floods, the Russian Famine, the Sea Islands Hurricane, in Armenia and in Cuba, the American National Red Cross is found endeavoring to carry out the benign intentions of the Treaty of Geneva.

For the first time in the history of warfare, it was now proposed to fit out, and maintain at sea, hospital ships for the relief of sick and wounded. The Treaty of Geneva, however, only provided for the recognition and protection of the hospital service of the army in its operations upon the land. An amendment to the treaty was proposed by the convention which met at Geneva on October 20, 1868, extending the treaty to include hospital service at sea. This amendment, concerning naval hospital service, was known as the “Additional Articles,” and, although the Government of the United States in acceding to the Treaty of Geneva included the proposed amendment, President Arthur in his proclamation of August 9, 1882, reserved the promulgation of the Additional Articles until after the exchange of ratifications by the signatory Powers. The Additional Articles were never ratified by the other treaty nations, and, at the beginning of the Spanish-American war, they were not in force as a part of the treaty. Spain was therefore under no treaty obligation to respect the flag of the Red Cross upon the ocean.

Although the Additional Articles had not yet been formally ratified, the Swiss Government, acting as an intermediary, and with a view to securing their observance by both belligerents during the war, opened a diplomatic correspondence between the governments of the United States and Spain, proposing the adoption of a temporary agreement, or modus vivendi, during the continuance of hostilities. The official correspondence on the subject between the Secretary of State and the Swiss Minister will be of interest, as showing the method by which the temporary agreement between the two countries was secured, the modifications made and the interpretation placed upon some of the doubtful clauses:

Swiss Legation,
Washington, April 23, 1898.

Mr. Secretary of State: War having been now unhappily declared between the United States and Spain, my government, in its capacity as the intermediary organ between the signatory states of the convention of Geneva, has decided to propose to the cabinets of Washington and Madrid to recognize and carry into execution, as a modus vivendi, during the whole duration of hostilities, the additional articles, proposed by the International Conference which met at Geneva on October 20, 1868, to the convention of Geneva of August 22, 1864, which (additional articles) extend the effects of that convention to naval wars. Although it has as yet been impossible to convert the said draft of additional articles into a treaty, still, in 1870, Germany and France, at the suggestion of the Swiss Federal Council, consented to apply the additional articles as a modus vivendi, during the whole duration of hostilities. The Federal Council proposes the additional articles as they have been amended at the request of France and construed by that power and Great Britain.

My government, while instructing me to make this proposition to Your Excellency, recalls the fact that, on March 1, 1882, the President of the United States declared that he acceded, not only to the Geneva Convention of August 22, 1864, but also to the additional articles of October 20, 1868.

The Spanish Government, likewise, in 1872, declared itself ready to adhere to these articles. The Federal Council, therefore, hopes that the two governments will agree to adopt the measure, the object of which is to secure the application on the seas of the humane principles laid down in the Geneva Convention.

With the confident expectation of a favorable reply from the United States Government to this proposal, I avail myself, etc.,

J.B. Pioda.