Department of State for Foreign Relations, Rio de Janeiro, August 4th, 1914. FREDERICO ALFONSO DE CARVALHO. Decree No. 11,141 of September 9th, 1914, completing the rules of neutrality approved by decree No. 11,037 of August 4th, abrogates the last part of the 22nd article of the same decree. The President of the Republic of the United States of Brazil Resolves to incorporate into the Decree No. 11,037 of the 4th of August ultimo the following rules: ART. 1st. No merchant ship will be allowed to sail from a Brazilian port without a previous declaration from the consular agent of her nation, stating the ports of call and destination of said ship, with an assurance that she is employed only on commercial business. ART. 2nd. In case it will be known, by the length of her voyage or the route of her sailing, that a ship sailing from a Brazilian port went to other ports than those declared in her statement, and she returns to Brazil, she will be detained by the Brazilian naval authorities to be considered as belonging to the fleet of war of her nation and as such submitted to the dispositions of Article 19th of the Decree No. 11,037 of August 4, 1914. ART. 3rd. Abrogates the last clause of Article 22nd of the rules approved by Decree No. 11,037 of the 4th of August, 1914. Rio de Janeiro, September 9th, 1914. HERMES DA FONSECA. Circular dispatch sent by the Minister of Foreign Affairs to the Brazilian Embassies and Legations. February 22, 1915. FEBRUARY 22, 1915. According to our law, that follows in this the principles of commercial law common to all civilized nations, the commercial associations established and operating in the country and registered in the Brazilian boards of trade are considered as Brazilian irrespective of the nationality of their individual members. Although this may bring as a consequence a difference between the juridic personality of these societies and that of their members, the Brazilian Government will not give its support to the claims made by commercial societies composed of foreign members, against acts of any of the belligerent nations, until and when, having duly examined the facts and carefully considered the circumstances, it will be convinced, not only that the claim is absolutely well founded, but also that it is free from any political objects. It is the aim of the Government of Brazil to see by this decision that a juridic principle, true and useful in time of peace, may not be diverted from its moral purposes of tutelage and organization so as to cover acts not consistent with the neutrality that Brazil has so rigorously maintained. LAURO MÜLLER. Hague Convention Rules. CHILE. 15 Note of the Minister of Foreign Relations to the Minister of Interior on the application of the rules of neutrality established by the Second Conference of The Hague. August 7, 1914. [Revue Générale de Droit International Public, Doc. 23:7.] To the MINISTER OF INTERIOR: SANTIAGO, August 7, 1914. The rules which ought to be observed by the Chilean authorities relative to neutrality in the European war are those established on this subject by the Second Conference of The Hague. The Convention of The Hague ought to be followed, even though they have not been ratified by the Government of Chile, it being understood that they are declaratory of the principles of international law universally recognized. Note of the Minister of Foreign Relations to the Minister of War and Navy on the application in matters of neutrality of the general principles of international law and especially of the rules of the Naval Declaration of London of February 26, 1909. August 5, 1914. [Rev. Gén., Doc. 23: 7.] To the MINISTER OF WAR AND NAVY: SANTIAGO, August 8, 1914. The services under the supervision of the minister of war and navy ought, in the European war, to observe neutrality conformably to the general principles of international law.1 Rules concerning maritime war which should be observed for the surveillance of vessels found in the territorial waters of Chile. August 14, 1914. [Rev. Gén., Doc. 23:7.] MINISTRY OF FOREIGN RELATIONS, To the MINISTER OF WAR AND NAVY: With reference to my confidential note, No. 57, of the 8th instant, in which I request your excellency to be kind enough to instruct the authorities under your cognizance, and especially those of a maritime nature, to proceed to the enforcement of the neutrality declared by Chile in the state of war which exists in 1 To the note was attached a translation of the provisions ordered Feb. 26, 1909, at the London Naval Conference, the rules of which, according to the preliminary statement, correspond in substance to the principles generally recognized by international law. For text see Naval War Col lege, International Law Topics, 1909. Germany, France, Belgium, Great Britain, Russia, and to which Austria should now be added, I beg to indicate to your excellency the regulations which, in accordance with the principles of international law and especially those relating to maritime war, should be adopted regarding the surveillance of vessels anchored in national waters, to the end that, upon the order of your excellency, the said authorities should see that they are carried out. 1. All vessels at anchor in Chilean ports or which navigate in the national territorial waters may be obliged to submit to the inspection of their papers by the Chilean authorities, which may, whenever they deem it necessary, according to the rules which are hereafter specified, proceed anew to the inspection of the vessel, of its passengers, of its cargo, and of its documents. In consequence, the clearance of any vessel can not be authorized, whatever its cargo and whatever its destination, until the ship has presented complete manifests. 2. Permission to depart will be given to no merchant vessel which has altered or tried to alter its status, if there is reason to believe that the vessel has intended to transform itself into an auxiliary cruiser or an armed vessel in any degree whatsoever. The following acts will be considered as furnishing a presumption of change of status: (a) To alter the location or position of guns which are on board the vessel at the time of its arrival; to change the color, the rigging, or the equipment of the vessel in a manner to create a presumption that this change has an object relating to military operations; (b) To embark guns, arms, or munitions in the circumstances which indicate adaptation of the vessel to military ends; (c) To refuse to take on board passengers when the vessel possesses suitable accommodation for them; (d) To load abnormal quantities of coal. 3. The maritime authorities should demand of foreign consuls who visé the papers of vessels a declaration in reference to the character of the vessel, stating whether it is a question of a merchant vessel engaged in the transport of merchandise and passengers, or whether it forms a part of the armed forces of the nation to which it belongs. In this latter case the vessel will be warned that it must depart after twenty-four hours and with coal only sufficient for the journey to the nearest port of its nation. 4. No belligerent vessel of war can prepare for operations of war in the jurisdictional waters of Chile or proceed to the observation of the vessels of its adversaries in the same waters. 5. No belligerent vessel of war can leave a port of Chile until there has elapsed a period of 24 hours since the departure of an enemy vessel of war from the same port. 6. Every belligerent vessel of war will be required to depart after a period of 24 hours from its arrival, except in stress of Surveillance of Vessels. 17 weather, lack of provisions or in case of necessary repairs; in these cases effort will be made to leave the port as soon as possible after the expiration of the 24-hour period, and no permission will be given to take on more supplies than are indispensable for immediate necessities. As to repairs, the following rules will be observed: The vessel can not remain in Chilean waters more than 24 hours after the completion of the said repairs. If an enemy vessel has departed during this 24 hours the other will remain in the national waters until a new interval of 24 hours has elapsed. 7. No belligerent vessel can load, in Chilean waters, anything except provisions and the objects necessary for the subsistence of its crew, nor a quantity of coal greater than that stipulated in rule No. 3. 8. The use of radio telegraphy is forbidden to all merchant vessels during their sojourn in the Chilean waters. To render this prohibition effective it will be convenient to dismantle the apparatus designed for this system of telegraphy. If possible, some vessels of the national fleet might be stationed in the principal ports of the Republic to assure the observance of these rules of neutrality, that is to say, to prevent the vessels which, according to the said rules should not depart from Chilean waters, from doing so surreptitiously. In general, the ministry believes that if any of the provisions noted should be difficult to carry out, in whole or in part, by the authorities charged therewith, it would be advisable to do so as far as possible within the means at their disposal, in order that our intentions of neutrality may be made clear. In case any doubt should arise in the application of the principles of international law, the undersigned will hasten to secure the necessary decision in the matter. The Government of the United States has issued similar regulations to those contained in this note, regarding the observation of neutrality in maritime war. God guard your excellency. E. VILLEGAS E. Declaration of the Ministry of Foriegn Relations on the subject of the supplying of coal to belligerent vessels of war in Chilean ports. October 14, 1914. [Rev. Gén., Doc. 23: 10.] SANTIAGO, October 14, 1914. MINISTRY OF FOREIGN RELATIONS: In reference to the application of article 19 of convention xiii of The Hague of October 18, 1907, on the subject of the supplying of coal to belligerent vessels of war in neutral ports, it is necessary to imply by "the nearest port of its own country" of which article 19 makes mention, a port of the mother country and not a colonial port. 79596-17--2 Instructions for the office of the director of maritime territory of Chile in reference to radio communication by vessels in the territorial and interior waters of Chile. October 14, 1914. [Rev. Gén., Doc. 23: 10.] SANTIAGO, October 14, 1914. 1. All vessels provided with radio apparatus without distinction of nationality, which navigate in our territorial waters or are at anchor in our ports are forbidden to use the said apparatus. 2. When arriving in a port or roadstead, these vessels ought to dismantle their antennæ, breaking their connection with the gear and apparatus, as soon as they have been received by the maritime authorities, who will personally see to the strict accomplishment of this order, by proceeding immediately to affix their seals and stamps on the doors, windows, skylights, and other ways of access to the place in which this apparatus is located. 3. All national or foreign vessels which remain in a port more than four days will remove their antennæ, which will be kept in the same place as the apparatus of the radio station, observing the same instructions for sealing the ways of access to this place. 4. The maritime authorities will report to the office of the director of maritime territory on the accomplishment of the present instructions, not forgetting that their nonaccomplishment may compromise the neutrality of the country. Order of the Maritime Governments in reference to radio communication by vessels in the territorial and interior waters of Chile. October 15, 1914. [Rev. Gén., Doc. 23: 10.] PUNTA ARENAS, October 15, 1914. Upon this date there has been received from the director of the Maritime Territory the following telegram: "In addition to sealing and stamping the places in which radio apparatus is located, please order the lowering and disconnecting of the antennæ from the halyards and radio apparatus of all steamers with radio installations, upon arriving at Chilean ports. Steamers that remain more than four days in port ought to deliver their antennæ to the maritime authorities until the day of their departure, giving account by telegraph to the office of this director.-SIMPSON." I transcribe this for your knowledge, requesting you to please order the captains as soon as possible to lower and disconnect the antennæ from the halyards and radio apparatus and immediately to advise this maritime government in order to bring them ashore. Salutes you attentively, (Seal of the Governacion Maritima de Magallanes.) CONSUL OF THE UNITED STATES OF NORTH AMERICA. I. TRIVINO. Present. |