Reconversion of Vessels.

29

3. That this was effective; that is to say, that the vessel neither in its crew nor in its equipment gives evidence that it can be of service to the armed fleet of its country in the capacity of an auxiliary, as it was formerly;

4. That the Government of the country to which the vessel belongs communicates to all interested nations, and in particular to neutrals, the names of auxiliary vessels which have lost this status to resume that of merchant vessels; and

5. That the same Government give its word that the said vessels are not in the future intended for the service of the armed fleet in the capacity of auxiliaries.

ALEJANDRO LIRA.

Decree of the Government of Chile regarding the official relations of foreign diplomatic agents and consuls with the administrative services of Chile. March 30, 1915.

No. 320.

[Rev. Gén., Doc. 23: 21.]

SANTIAGO, March 30, 1915. Considering the convenience of regulating the official relations between the diplomatic and consular functionaries, national or foreign, and the national administration, and following in this the established practice in other nations,

It is decreed:

1. No national or municipal service of any kind whatsoever can entertain relations with foreign diplomatic or consular representatives or with those of the Republic, nor solicit of them or furnish to them any information except through the intermediary of the minister of foreign affairs to whom either should be addressed.

2. In certain exceptional cases these relations can be established directly, but it will be necessary to obtain the express consent of the minister of foreign affairs and the authorization of the minister or cognate superior authority.

3. No diplomatic or consular authority of the Republic can entertain relations of an official character with an institution, entity, or official authority of a State which is not included in his own jurisdiction, when a diplomatic or consular representative of the Republic, who is the natural intermediary, resides in that State.

Circular relating to radio communication, April, 1915.
[Rev. Gén., Doc. 23: 21.]

MINISTRY OF FOREIGN RELATIONS,

MR. CHARGÉ D'AFFAIRES:

Santiago, April, 1915.

I have the honor to inform your excellency that by decree No. 606, dated the 9th instant, of the ministry of the interior, the Broom Halle Imperial Combination (except special rubber edi

tion); Meyers Atlantic Code, thirty-ninth edition; and Code A Z have been included among the telegraphic codes referred to in article 3 of decree No. 213 of January 25, last, of the same ministry.

I reiterate to your excellency the assurance of my distinguished consideration.

ALEJANDRO LIRA.

TO THE CHARGÉ D'AFFAIRES OF THE UNITED STATES OF AMERICA.

Decree of the Government of Chile on the supplying of fuel in the ports of Chile to belligerent merchant vessels making a direct voyage to European ports following the decree of December 15, 1914, No. 4. May 17, 1915.

[Rev. Gén., Doc. 23: 21.]

SANTIAGO, May 17, 1915. Navigation companies which require coal in Chilean ports for vessels of belligerent flag which wish to make a direct voyage to European ports should make, as a guaranty of the declared destination of the fuel, a deposit of 5 livres sterling per ton of coal loaded without prejudice to the responsibility established in No. 2 of decree 2009 of December 15, 1914. The deposit will be restored on presentation of a certificate attesting the arrival of the vessel at its declared destination in a proper time, which in each case the maritime authority will determine. This same authority will fix the conditions which the certificate should fulfill.

Reply of the Government of Chile to the Minister of Great Britain at Santiago in reference to the request of the British Government for the admission in Chilean ports of merchant vessels armed for defense. July 7, 1915.

[Rev. Gén., Doc. 23: 24.]

SANTIAGO, July 7, 1915. SIR: I have had the honor of receiving the note of your legation dated June 18 last in which your excellency desires to inform me that the first British merchant vessel armed for defense is ready to leave England for Chile and that vessels in the same condition carry on commerce regularly with Argentina, Brazil, Uruguay, United States, and Spain. Your excellency adds that conformably to the rules of international law in force every merchant vessel has the right to defend itself when attacked, without the means with which it is provided for that purpose modifying its "status" as a merchant vessel which is that under which it sails; and that consequently the rules which govern auxiliary vessels of a fleet can not be applied to it.

Since the outbreak of the European conflict the Government of Chile has endeavored to adopt all measures which, being com

Status of Armed Merchant Vessels.

31

patible with its neutrality, permit it to continue its commerce with the European countries. In accordance with these intentions I indicated to your excellency on the 15th of March last that my Government saw no inconvenience in admitting into its ports in the quality of merchant vessels, vessels which had been auxiliaries of the belligerent naval forces and which had subsequently resumed their character of merchant vessels so long as they fulfilled certain conditions guaranteeing the sincerity of their new conversion.

My Government is inspired to-day by the same standard for settling the question which your excellence wishes to propose to it in the note to which I reply.

The Chilean ports will receive merchant vessels armed for defense when the respective Governments previously communicate to us the name of the vessel which travels under these conditions and also the route, roll of crew, list of passengers, and cargo, as well as the management and the armament of the vessel, demonstrating that it is in reality a question of a merchant vessel which is not intended to carry on hostile acts nor to cooperate in the warlike operations of enemy fleets.

If an armed merchant vessel arrives without this previous notice of the Government, it will be considered and treated as suspicious. If, violating their declaration, these vessels engage in operations of war against other merchant vessels without defense they will be forthwith considered and treated as pirates, since the Government of the country under whose flag they fly will have formally declared their exclusively commercial character by not incorporating them into its fleet of war.

CHINA.

ALEJANDRO LIRA.

Presidential mandate on the observance of neutrality during the European war.

[Peking Gazette, Friday, Aug. 7, 1914.]

PEKING, August 6, 1914.

THE DECLARATION.

Whereas we are happily at peace with all sovereigns, powers, and states;

And whereas a state of war unhappily exists between AustriaHungary and Serbia, thereby involving many other European powers in a state of war;

And whereas by faith of treaties of friendship and commerce we are on terms of friendship and amicable intercourse with each of the powers;

And whereas the aforesaid unhappy state of war will seriously affect the commerce of the Far East;

And whereas great numbers of our citizens reside and carry on commerce and possess property and establishments and enjoy protection together with various rights and privileges within the dominions of each of the aforesaid powers;

And whereas we, being desirous of maintaining the peace of the Far East and of preserving to our citizens the blessings of peace, which now they happily enjoy, are firmly purposed and determined to maintain a strict and impartial neutrality in the aforesaid state of war unhappily existing between the aforesaid

powers:

I, the President, therefore specially issue the enjoined regulations for the strict observance of neutrality by all our citizens in accordance with the existing laws and statutes and the law of nations in relation thereto.

The field marshals and governors general of all the Provinces are hereby ordered to instruct their subordinates diligently and faithfully to follow the precepts laid down in international law and to maintain the friendship with all the powers with whom we are happily at peace.

PRECEPTS OF NEUTRALITY.

1. Belligerents are not allowed to occupy any part of the territory or the territorial waters of China, nor to commit an act of war therein, nor to make use of any place therein as a base of operations against their adversaries.

2. Troops of any of the belligerents, their munitions of war or supplies are not allowed to cross the territory or territorial waters of China.

In the event of a violation, the troops shall submit to the Chinese authorities to be disarmed and interned, and the munitions of war and supplies shall be held in custody until the termination of the war.

3. If belligerent warships and auxiliary vessels are found in a port within the territorial waters of China where they are not entitled to remain, China may order them to disarm and detain the officers and crew until the termination of the war.

4. The troops interned and the officers and crew detained in accordance with articles 2 and 3, respectively, will be supplied, if necessary, with food and clothing until the termination of the war. The expenses thus incurred shall be made good by the respective belligerents.

5. Belligerent warships or auxiliary vessels which are allowed by the local authorities to remain within the territorial waters of China can remain there for a period not exceeding 24 hours. If they are unable to depart for the sea within this period on account of stress of weather, or on account of the fact that the repairs to damage are not completed, or of the fact that they have not shipped a sufficient quantity of necessary food, provisions, and fuel to enable them to reach the nearest port of their own country,

General Principles.

33

they shall leave it to the commanders of the Chinese navy or the local authorities to consider an extension of the time limit. They must leave as soon as the circumstances of the delay are at an end.

6. Except on account of stress of weather or repairs to damage, the number of warships or auxiliary vessels belonging to a belligerent which may simultaneously remain in one of the ports or roadsteads of China shall not be more than three.

7. When warships or auxiliary vessels belonging to several belligerents are present simultaneously in one of the ports of China, the ship or vessel which arrived later can not leave until 24 hours after the departure of the one which arrived earlier and until after the receipt of an order to proceed from a commander of the Chinese navy or the local authorities.

8. Belligerent warships and auxiliary vessels are forbidden to revictual their supplies in the territorial waters of China above the peace standard or to increase their fighting strength.

9. Belligerent warships or auxiliary vessels are forbidden to make captures in the territorial waters of China and, except when it is absolutely necessary on account of stress of weather or repairs to damage or seeking supplies, they are also forbidden to bring a prize into any of the ports of China. They must leave as soon as the circumstances of their entry are at an end. During their stay they are also forbidden to allow the prisoners of war to go on shore or to sell the prize and its contents. If belligerent warships or auxiliary vessels do not conform to the foregoing provision, China may release the prize and the prisoners of war, intern the prize crew, and confiscate the ship or vessel or the goods.

Prisoners of war brought into the territory of China by belligerent troops, as well as those who escape to China, will be released forthwith. The troops who bring prisoners of war into the territory of China will be interned.

10. Articles 3, 5, 6, and 8 are not applicable to belligerent vessels of war devoted exclusively to scientific, religious, or philanthropic purposes.

11. Within the territory and the territorial waters of China belligerents are not allowed to form corps of combatants or equip fighting vessels or open recruiting agencies or establish a prize court or set up a blockade of one of the ports.

12. The guards attached to the legations of the various powers in Peking and their troops stationed along the route between Peking and Shanhaikuan shall continue to conduct themselves so as to conform to the peace protocol of the 25th day of the 7th moon of the 27th year of Kuang Hsu, i. e., September 7, 1901,1 They are not allowed to interfere with the present war.

The foreign troops stationed in other parts of China shall act likewise.