Compilation of the Messages and Papers of the Presidents Part 12

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by an act of Congress approved April 25, 1898,[26] it is declared that war exists and that war has existed since the 21st day of April, A.D. 1898, including said day, between the United States of America and the Kingdom of Spain; and

Whereas, it being desirable that such war should be conducted upon principles in harmony with the present views of nations and sanctioned by their recent practice, it has already been announced that the policy of this Government will be not to resort to privateering, but to adhere to the rules of the Declaration of Paris:

Now, therefore, I, William McKinley, President of the United States of America, by virtue of the power vested in me by the Const.i.tution and the laws, do hereby declare and proclaim:

1. The neutral flag covers enemy's goods with the exception of contraband of war.

2. Neutral goods not contraband of war are not liable to confiscation under the enemy's flag.

3. Blockades in order to be binding must be effective.

4. Spanish merchant vessels in any ports or places within the United States shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea by any United States s.h.i.+p, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: _Provided_, That nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for their voyage), or any other article prohibited or contraband of war, or any dispatch of or to the Spanish Government.

5. Any Spanish merchant vessel which prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States s.h.i.+p, shall be permitted to continue her voyage to any port not blockaded.

6. The right of search is to be exercised with strict regard for the rights of neutrals, and the voyages of mail steamers are not to be interfered with except on the clearest grounds of suspicion of a violation of law in respect of contraband or blockade.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Was.h.i.+ngton on the 26th day of April, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.

WILLIAM McKINLEY.

By the President: ALVEY A. ADEE, _Acting Secretary of State_.

[Footnote 26: See p. 201.]

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas an act of Congress was approved on the 25th day of April, 1898,[27] ent.i.tled "An act declaring that war exists between the United States of America and the Kingdom of Spain;" and

Whereas by an act of Congress ent.i.tled "An act to provide for temporarily increasing the military establishment of the United States in time of war and for other purposes," approved April 22, 1898, the President is authorized, in order to raise a volunteer army, to issue his proclamation calling for volunteers to serve in the Army of the United States:

Now, therefore, I, William McKinley, President of the United States, by virtue of the power vested in me by the Const.i.tution and the laws, and deeming sufficient occasion to exist, have thought fit to call forth, and hereby do call forth, volunteers to the aggregate number of 75,000 in addition to the volunteers called forth by my proclamation of the 23d of April, in the present year,[28] the same to be apportioned, as far as practicable, among the several States and Territories and the District of Columbia according to population and to serve for two years unless sooner discharged. The proportion of each arm and the details of enlistment and organization will be made known through the War Department. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Was.h.i.+ngton, this 25th day of May, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.

WILLIAM McKINLEY.

By the President: WILLIAM R. DAY, _Secretary of State_.

[Footnote 27: See p. 201.]

[Footnote 28: See pp. 203-204.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, for the reasons set forth in my proclamation of April 22, 1898,[29] a blockade of the ports on the northern coast of Cuba from Cardenas to Bahia Honda, inclusive, and of the port of Cienfuegos, on the south coast of Cuba, was declared to have been inst.i.tuted; and

Whereas it has become desirable to extend the blockade to other Spanish ports:

Now, therefore, I, William McKinley, President of the United States, do hereby declare and proclaim that in addition to the blockade of the ports specified in my proclamation of April 22, 1898, the United States of America has inst.i.tuted and will maintain an effective blockade of all the ports on the south coast of Cuba from Cape Frances to Cape Cruz, inclusive, and also of the port of San Juan, in the island of Puerto Rico.

Neutral vessels lying in any of the ports to which the blockade is by the present proclamation extended will be allowed thirty days to issue therefrom with cargo.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Was.h.i.+ngton, this 27th day of June, A.D. 1898, and of the Independence of the United States the one hundred and twenty-second.

WILLIAM McKINLEY.

By the President: J.B. MOORE, _Acting Secretary of State_.

[Footnote 29: See pp. 202-203.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by a protocol concluded and signed August 12, 1898[30] by William R. Day, Secretary of State of the United States, and His Excellency Jules Cambon, amba.s.sador extraordinary and plenipotentiary of the Republic of France at Was.h.i.+ngton, respectively representing for this purpose the Government of the United States and the Government of Spain, the United States and Spain have formally agreed upon the terms on which negotiations for the establishment of peace between the two countries shall be undertaken; and

Whereas it is in said protocol agreed that upon its conclusion and signature hostilities between the two countries shall be suspended and that notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces:

Now, therefore, I, William McKinley, President of the United States, do, in accordance with the stipulations of the protocol, declare and proclaim on the part of the United States a suspension of hostilities and do hereby command that orders be immediately given through the proper channels to the commanders of the military and naval forces of the United States to abstain from all acts inconsistent with this proclamation.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.