Diplomatic relations are broken off between Spain and the United States, and the state of war having begun between the two countries numerous questions of international law arise which must be precisely defined chiefly because the injustice and provocation come from our adversaries and it is they who, by their detestable conduct, have caused this grave conflict.
We have observed with strictest fidelity the principles of international law and have shown the most scrupulous respect for morality and the right of government. There is an opinion that the fact that we have not 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 organizing 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 Oct. 27, 1795, and the protocol of Jan. 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 harbors 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 law:
1. Neutral flags cover the enemy's merchandise except contraband of war.
2. Neutral merchandise, except contraband of war, is not 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, upholding its right to grant letters of marque, will at present confine itself to organizing, with the vessels of the mercantile marine, 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 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.