No. 553.
Mr. Adee
to Mr. Fish
United
States Legation in Spain,
Madrid, February 24, 1874.
(Received March 27.)
No. 180.]
Sir: I have the honor to forward herewith a copy
and translation of a decree dated the 19th instant, and published in the
“Gaceta” of the 20th, extending, until the 5th of March next, the time fixed
for the enforcement of the decree of January 31, declaring the northern
coast of Spain, from Cape de Penas to Fusnterrabia, in a state of
blockade.
The proclamation of the blockade, as at first; promulgated, was met [Page 867] by energetic protests from the
foreign powers whose Biscayan commerce would suffer interruption and
hinderance by the sweeping measure proposed. These remonstrances acquired
additional force in view of the grave international questions which might
have arisen had the Peruvian blockade regulations of 1864 been applied in
the present instance without modification, as seems to have been somewhat
improvidently contemplated. The inconveniences likely to be entailed by such
a course led to its essential modification, and fresh regulations were
subsequently published for the guidance of the naval commander of the forces
on the blockaded coast, and for the consular officers of Spain in foreign
countries. Copies and translations of these, in the form of an order of the
minister of marine, and of a communication from that officer to the minister
of state, will be found appended hereto. These regulations, although
changing to some extent the character of the proposed blockade and relieving
it of the unqualified belligerent rights before assumed to exist, still
failed to remove the weighty objections raised by foreign governments. Their
representatives here pointed out the serious incongruities that remained. An
extended line of coast was closed to commerce, while certain of its ports
remained open under embarrassing restrictions. Ports not occupied by the
Carlist insurgents, or even likely to be menaced by them, were blockaded.
And the available naval force of Spain was inadequate to maintain an
effective surveillance over two hundred miles of tempestuous coast,
especially when the spring storms would constrain the blockading vessels to
take frequent shelter in the widely separated harbors wherein safe anchorage
could be found. The French government indeed gave official publication to
the regulations of February 11, but under certain reservations.
Under these circumstances, the government of Marshal Serrano has determined
to, at least partially, relinquish its contemplated purpose. As a
preliminary step, the blockade is postponed until the 5th of March proximo,
ostensibly for the purpose of giving time for an extended consideration of
the whole subject with a view to adopting a definitive resolution which
shall harmonize the many conflicting interests concerned. This is looked
upon as merely a prelude to the final abandonment of the scheme.
I am, &c,
[Inclosure 1 in No. 180.]
Decree of February 19, 1874, extending the time for the enforcement of the blockade of the
Biscay an coast to March 5, 1874.
[Translated from “La Gaceta de Madrid,”
February 20, 1874.]
Decree.
The decree of the 31st January ultimo, declaring in a state of blockade
the coast of Cantabria comprised between Cape de Peñas and Fuenterrabia,
as a necessary measure for the isolation and prevention of the
introduction of outside aid for the Carlist insurgents now infesting
several provinces in the north, has given occasion for the presentation
of petitions from commerce, in good faith, both national and foreign, to
the government, setting forth the prejudices which necessarily will
accrue thereto from such a measure, by reason of the continued
transactions and the large interests affected thereby in the greater
portion of the ports of the above-mentioned coast.
The government of the republic, which, while giving heed in the first
instance to putting down the insurrection, does not for a moment forget
the importance of our industry nor the necessity of encouraging it and
protecting, as it should, our mercantile [Page 868] transactions, has decided to take into
consideration the representations above mentioned, and until, after
subjecting them to an extended examination, a definitive resolution
shall be adopted which shall harmonize all interests so far as it maybe
possible, the government, in a council of ministers, decrees the
following:
- Article I. The term established in
article 6 of the decree of the 31st of January ultimo, for the
commencement of the enforcement on the coast of Cantabria of the
state of blockade therein ordered, is prorogued until the 5th
day of March proximo.
- Art. II. The ministers of state and
of marine shall give immediate information of this resolution to
whom it may concern for its full publicity, for its
communication to the representatives of Spain in foreign
countries, and for its exact fulfillment on the part of the
naval forces of operations.
Madrid, February 19,
1874.
The President of the executive power of the
republic,
FRANCISCO SERRANO.
The minister of marine,
Juan Bautista
Topete.
[Inclosure 2 in No.
180.—Translation.]
Order of February 11, 1874, fixing the regulations to be observed in the blockade of the
Biscayan ports and coast, published February 13, 1874.
ministry of marine.
The government of the republic, in agreement with the council of
ministers, has been pleased to decide that the rules and regulations
expressed in the following articles shall be observed by the vessels
ordered to cruise off the Cantabrian coast now declared in a state of
blockade, according to the provisions of the 7th article of the decree
of January 31st last.
- Article I. The commanders of the vessels
detailed to cruise off the coast of Cantabria comprised between Gape
de Peñas and Fuenterrabia, shall take especial care to search all
suspicious vessels, and shall endeavor to prevent the introduction
of articles contraband of war into the blockaded ports.
- Art. II. The following articles shall be
deemed contraband of war for the effects of the blockade: Gannons,
mortars, howitzers, guns, pistols, revolvers, and all kinds of arms;
shells, grenades, balls, caps, metallic cartridges, fuses,
gun-matches, powder, saltpeter, and sulphur; equipments, such as
uniforms, straps, and belts, harnesses, saddles, and, in general,
all instruments or articles manufactured for or of direct
application to warlike purposes.
- Art. III. As for the exercise of the
right of search, especially with respect to foreign vessels, the
commanders of the naval vessels should bear in mind that the
jurisdictional maritime zone comprised within the limits of the
blockade extends from the line drawn from one to the other of the
salient points of the inlets and bays for the space of three miles
outward; such being the situation of the blockade coast, that only
those vessels bound to its ports are obliged to sail close to the
land, and consequently any others doing to, and having a different
destination, are to be deemed suspicious, except in extraordinary
circumstances.
- Art. IV. Although the right of search in
time of war may be exercised on the high seas as well as in the
territorial waters of either belligerent, the government, desirous
of protecting, as far as possible, commerce carried on in good
faith, as well under the national as under a foreign flag, enjoins
the commanders of the forces detailed for operations on the coast of
Gantabria to limit the search and indispensable detention of
merchant-vessels to those found within the jurisdictional limits
specified in article 3, except in cases of justified suspicion, in
which they will proceed in a different manner.
- Art. V. As for the form of the Adsitation, when it becomes necessary, it is
to be performed in the terms laid down as a general rule in article
120, title 5, of the General Naval Ordinances of 1793; that is, the
cruiser shall stop, whenever nautical circumstances permit, at the
distance of a cannon-shot from the vessel which is to be searched,
sending a boat out to her, from which only one officer and two or
three men shall go on board, the first of whom shall limit his
action to examining the papers showing the nationality and the
nature and destination of the cargo.
- Art. VI. Every foreign merchant-vessel
found within the limits of the blockade with goods contraband of war
shall be good prize.
- Art. VII. Those foreign merchant-vessels
which come for the first time to the limits of the blockade shall be
especially notified that the coast is blockaded, an entry being made
to that effect in their log-book, in their roll, and in the register
or manifest of the cargo, under the signature of the officer who
performs the search. If, subsequently, [Page 869] the same vessel, with such entries on her
papers, he found within the line of the blockade, she shall be good
prize whatever may be the character of her cargo.
- Art. VIII. The Spanish vessels which may
be found within the limits expressed in article 3, or which, being
laden in our ports for other loyal ports, may change their course
and make for another occupied by the rebel forces, shall be detained
and judged by the competent tribunals.
- Art. IX. The blockading forces shall set
no impediment in the way of the continuation of the voyage of any
national or foreign commercial vessel which, having cleared from a
port in Europe, America, or Asia with the requisites and guarantees
expressed in a separate order of this date, may be bound direct to
the ports of Gijon, Santander or San Sebastian, which are excepted
from the blockade for this purpose alone.
- Art. X. The commander of the cruiser
shall give immediate and detailed notice, at the first opportunity,
of all visits effected upon national or foreign vessels, to the
general commanding officer of the blockading forces for his
information and for circulation among the vessels of the
same.
- Art. XI. Fishery being for the present
prohibited along the coast of the provinces, of Vizcaya and
Gimpuzcoa, comprised within the limits of the blockade, the
commanders of the cruisers shall seize the vessels and their crews
which shall infringe this regulation.
- Art. XII. The general commanding officer
of the naval forces on the coast of Cantabria shall fix a sufficient
period of time for national and foreign vessels to quit the
blockaded ports and roads in which they may be at the time, which
they shall do in ballast, or with a cargo shipped prior to the day
of the establishment of the blockade.
By order of the government of the republic I inform you of this for your
information and its circulation and exact fulfillment.
May God guard you many years.
TOPETE.
Madrid, February 11,
1874.
The General Commanding Officer
of the naval forces on the coast of
Cantabria
[Inclosure 3 in No.
180.—Translation.]
Communication from the minister of marine to the
minister of state, reciting the regulations for the blockade of the
Biscayanports of Spain, dated February 11, 1874, and published February 13, 1874.
ministry of marine.
Your Excellency: In compliance with the
precepts of articles 2 and 3 of the decree of January 31st ultimo, which
declares in a state of blockade the coast of Canta-bria from Cape de
Pefias to Fuenterrabia, with the sole exception of the ports of Gijon,
Santander, and San Sebastian, which for the present shall continue open
to lawful commerce, the government of the republic, in a council of
ministers, has decided upon the observance of the following rules:
- First. The consuls, vice-consuls, or consular agents of Spain
in foreign ports, will continue to dispatch, in the usual
manner, every Spanish vessel which may be completely and legally
qualified to enter the ports of Gijon, Santander, and San
Sebastian, the only ones comprised in the blockaded coast to
which this privilege is extended.
- Second. The captains or consignors of the said vessels shall
present to the consuls, vice-consuls, or agents referred to a
statement of the packages, boxes, &c, expressing generally
or in bulk the contents thereof, which compose their manifest
and entire cargo, which latter must consist altogether of
articles of lawful commerce, to the absolute exclusion of such
as are declared contraband of war.
- Third. The said consuls, vice-consuls, or consular agents
shall remit to the administrators of customs of the
above-mentioned ports excepted from the blockade and to which
the vessels are bound, a general note of the total cargo they
carry thither, in order that they may be examined and searched
for other articles not specified therein. The naval authorities
in the above-mentioned ports, or their delegates, may undertake
the search of these vessels, even though on passing the line of
the blockade and while on the open sea they may have been
already visited by the Spanish cruisers for the self-same
purpose of ascertaining that they carry no prohibited articles
of war, or unregistered goods.
- Fourth. Merchant-vessels legally cleared from foreign ports
for those of Gijon, Santander, and San Sebastian, shall, to
enable them to pass the line of the blockade and be admitted to
those ports, be subject in every particular to the regulations
laid down for Spanish vessels in the preceding rule.
- Fifth. The provision contained in the 3d rule is extended to
the administrators of customs of those Spanish ports from which
national or foreign vessels may clear for the three ports before
mentioned excepted from the blockade.
- Sixth. For the present the following articles are declared
contraband of war: Cannons, mortars, howitzers, guns, pistols,
revolvers, and every kind of fire or side arms; shells,
grenades, balls, caps, metallic cartridges, fuses, gun-matches,
powder, saltpeter and sulphur; military equipments, such as
uniforms, straps and belts, harnesses, saddlery, and, in
general, all instruments or articles made for or of direct
application to warlike purposes.
- Seventh. To the end that the measures of which the adoption is
compelled by the state of war shall be least prejudicial to
maritime commerce carried on in good faith and to the industrial
enterprises which develop Spanish interests under the shelter of
the laws, those vessels, both national and foreign, which, while
the blockade lasts, may seek clearance from national or foreign
ports to any of those not excepted above, and comprised in the
blockaded coast, belonging to the province of Santander or
Asturias, may do so, clearing, in the terms fixed in these
instructions in the first, second, and third rules, for the
ports of Gijon and Santander, and thereafter, if the
circumstances of the war permit, they may sail for the ports to
which they are bound provided with the corresponding
safe-conducts which shall be issued to them by the naval
authorities in conformity with the instructions they may receive
to that effect.
By order of the above-mentioned government of the republic, I have the
honor to communicate the foregoing to your excellency for your
information and for immediate circulation among the representatives of
Spain in foreign countries.
May God guard your excellency for many years.
Madrid, February 11,
1874.
JUAN BAUTISTA TOPETE.
To the Minister of State.
