Note from the office of the Director General of the Army to the Ministry of War and Navy proposing measures for preventing the excessive supplying of coal to belligerent merchant vessels in Chilean ports. November 2, 1914.

[Rev. Gén., Doc. 23: 10.]

SANTIAGO, November 2, 1914. 1. Every merchant vessel of belligerent flag carrying freight or passengers, or only freight or sailing in ballast, can take on coal, allowing 20 per cent for accidents, necessary to carry it to Callao or to Montevideo, according to the route which it takes (that is to say, according to whether its route is north or south of Chile).

2. If one of the vessels to which the preceding article refers happens to touch at another port of Chile to again take on coal or supplies under pretext that the fuel which it carried has been taken by a vessel of war, it will not be permitted to take an amount of coal greater than that necessary for its service.

3. Vessels of neutral flag, whether or not they carry passengers and freight, can take on coal necessary to take them to their port of destination.

Decree of the Government of Chile as to what should be considered the jurisdictional waters of Chile in reference to neutrality. November 5, 1914.

No. 1857.

[Rev. Gén., Doc. 23: 11.]

MINISTRY OF FOREIGN RELATIONS,

Santiago, November 5, 1914.

Considering that, although it is true that the laws of the Republic have determined the limits of the territorial sea and of the national domain, and the distance to which extend the rights of police in all matters concerning the security of the country and the observance of customs laws,' they have not fixed the maritime zone in reference to the safeguarding of the rights and the accomplishment of the duties relative to the neutrality declared by the Government in case of international conflicts; and that it is proper for sovereign states to fix this zone:

It is decreed:

The contiguous sea, up to a distance of 3 marine miles counted from the low-water line is considered as the jurisdictional or neutral sea on the coasts of the Republic for the safeguarding of the rights and the accomplishment of the duties relative to the

1 Art. 593 of the Civil Code used the following terms: "The contiguous sea to the distance of a marine league counted from the low-water line is a territorial sea appertaining to the national domain; but the right of police, in all matters concerning the security of the country and the observance of the customs laws, extends to the distance of 4 marine leagues counted in the same manner."

neutrality declared by the Government in case of international conflicts.

Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government.

BARROS LUCo.
MANUEL SALINAS.

Circular of the naval authorities of Chile to the consuls and to the agencies of navigation companies, indicating the measures authorized by the Ministry of Marine for preventing the excessive supplying of belligerent merchant vessels in the ports of Chile. November 7, 1914.

[Rev. Gén., Doc. 23:11.]

VALPARAISO, November 7, 1914. In order to prevent the continual complaints which have been presented to them in reference to the movements and supplies of belligerent merchant vessels, the naval authority has been authorized by the Government to demand of the agents of the respective companies, and of the consul of the nation to which the vessel in question belongs, a guaranty that these will furnish neither coal nor provisions to belligerent vessels of war, and the maritime authorities are required to execute this order as a first condition for the departure of the said vessels.

This resolution is by the present circular brought to the knowledge of the consuls and agents of the vessels in question, by requesting them, before commencing formalities for the departure of a vessel, to guarantee by a formal written declaration that the provisions and coal which it has just taken on will be employed exclusively for their proper purposes and that the departure of the said vessel has no other object than that of continuing its voyage with a purely commercial end.

At the same time, warning is given that the penalty against companies to which a vessel belongs who violate the above engagements will be thereafter to refuse all kinds of supplies and fuel to all vessels of the said company.1

Circular of the office of the general director of telegraphs of Chile in reference to ordinary telegraphic communication. November 13, 1914.

[Rev. Gén., Doc. 23: 11.]

SANTIAGO, November 13, 1914. The transmission of telegrams in a conventional or cipher lan guage is forbidden. Telegrams in clear language, written in Spanish, German, French, English, Italian, or in Portuguese, will

1 The measures indicated in the circular had been previously authorized by the minister of marine.

Territorial Waters.

21

be accepted whenever they do not transmit news relative to the situation, to the movements, or to the operations of vessels of war of belligerent nations. Telegrams of diplomatic and consular agents will be excepted from this restriction. In case of doubt as to the contents of telegrams written in foreign languages, the inspection office will be consulted.

Note of the Minister of Foreign Relations to the diplomatic agents of the belligerent powers in reference to the complaints they may have to make concerning the violation of Chilean neutrality. November 16, 1914.

[Rev. Gén., Doc. 23: 12.]

MINISTRY OF FOREIGN RELATIONS,

Santiago, November 16, 1914. We desire that the diplomatic representatives of all the belligerent powers, in formulating their complaints on the violations of the rules of neutrality, indicate so far as possible the source of the information which serves as a base of these complaints. This measure will permit of proceeding with greater rapidity in the investigation and consequently of taking in time the course which each case may require.

Decree of the Government of Chile as to what should be considered as a jurisdictional sea of Chile in the southern part of Chile, especially in the Strait of Magellan. December 15, 1914.

No. 1986.

[Rev. Gén., Doc. 23: 13.]

SANTIAGO, December 15, 1914. Considering that the Strait of Magellan as well as the canals of the southern region lie within the international limits of Chile, and consequently form part of the territory of the Republic, It is decreed:

In reference to the neutrality established in the decree No. 1857 of November 5 last of the ministry of foreign affairs, the interior waters of the Strait of Magellan and the canals of the southern region, even in the parts which are distant more than 3 miles from either bank, should be considered as forming part of the jurisdictional or neutral sea.

Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government.

BARROS LUCO. MANUEL SALINAS.

1 This decree was brought to the notice of the Argentine Government by a communication of December 30, 1914. It was said in this communication "that by this act the Government of Chile does not intend to modify the situation created by the treaties between Chile and Argentine Republic in the Straits of Magellan and the southern canals."

Decree of the Government of Chile relative to the furnishing of fuel to the vessels of war of belligerent countries and to merchant vessels in the ports of Chile. December 15, 1914.

[Republica de Colombia.

Informe del Ministerio de Relaciones Exteriores al Congreso de 1915, p. 33, Rev. Gén., Doc. 23: 13.]

No. 2009. SANTIAGO, December 15, 1914. Considering: That convention xiii of The Hague, relative to the rights and duties of neutral powers in case of maritime war, provides, in article 19, that belligerent vessels of war can take on fuel in neutral ports in quantities sufficient to carry them to the nearest port of their own country and adds, in article 20, that these vessels can not renew their supply of fuel for a period of three months in a port of the same power;

That these provisions, as well as others of the convention cited, indicate the fundamental object of preventing neutral powers from cooperating, directly or indirectly, in the acts of belligerents and of restricting vessels of war to procuring from neutral ports only the supplies necessary to carry them to the shores of the country to which they belong;

That the application of these rules in the ports of the Republic produces results obviously contrary to the spirit which animates all the provisions of the above-mentioned conventions, since because of the great distance which separates our coasts from belligerent countries, the supply of coal which might be given to vessels of war is very considerable and that thus these vessels profit by the advantages which these circumstances give them, by not directing their course toward the coasts of their own country, but by continuing their belligerent operations in the American seas;

That in this manner the provisions cited have the effect of actually increasing the activity of maritime war in the Pacific Ocean contrary to the wish and the interests of Chile;

That for the same reason the consequences of the European conflict are felt more intensely in our country, since to the disturbances brought to its international commerce and its economic and industrial life, are added the inconveniences resulting from the accomplishment of the duties of neutrality and of the surveillance of our coast, to an extent which absorbs the activity of our maritime authorities and imposes on the public treasury considerable expense;

That the same convention xiii, in paragraph 5 of the preamble, reserves to the signatory countries the right to change the provisions, in the course of a war, when the experience acquired from it demonstrates the necessity for safeguarding their rights;

That the inconvenience resulting from the application of article 19 would be much reduced if, for the rule permitting delivery to vessels of war of coal necessary to gain a port of their nation, was substituted one authorizing them to take only sufficient fuel

to reach the first port of the nearest neutral; for vessels supplied under these limited conditions could not venture upon warlike operations without running the risk of finding themselves without power of locomotion on the high seas;

That the fact of our country being a producer of coal leads belligerent vessels to supply themselves with fuel in our ports more than in those of other countries in the same position, a consideration which imposes, especially upon the Government of Chile, the moral obligation of preventing the abuse which might arise in the future through the supplying of coal in its ports;

That it is necessary to adopt in case of the violation of neutrality by merchant vessels a sanction which by its gravity would directly induce the ship companies to observe completely the rules published by the Government;

That finally it is necessary to find some means of diminishing so far as possible the expenses which are imposed upon the Government for the surveillance of vessels interned in the ports of the Republic for violations of neutrality or because their proprietors have voluntarily permitted it;

It is decreed:

1. In the future the supplies of coal which vessels of war of belligerent nations can take successively in Chilean ports should not exceed the quantity necessary for reaching the first coaling station of a neighboring country.

2. In case of violation by a merchant vessel of any of the rules on the observance of neutrality adopted by the Government of the Republic, no more fuel will be allowed in Chilean ports to any vessel of the company to which the vessel committing the offense belongs.

3. Vessels interned by the decision of the Government because of a violation of neutrality and those whose proprietors manifest the intention of retaining them in the Chilean ports until the end of the war will be concentrated in the Chilean ports which the administrative authority shall determine in each case.

4. The amount of coal which may be delivered in the ports of the Republic to merchant vessels will be limited to the capacity of their ordinary coal bunkers, unless they desire to make a voyage directly toward some European port, in which case they will be given the quantity of coal necessary for this voyage pro-. vided the company to which the vessel belongs furnishes a guaranty sufficient in the judgment of the Government, that the fuel will be used only to complete the voyage in question.

The preceding provisions will be applicable in the entire territory of the Republic beginning the first of next month.

Let the present decree be taken note of and let it be communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government.

BARROS LUCO.
MANUEL SALINAS.