NEUTRALITY PROCLAMATIONS AND REGULATIONS.

ARGENTINE REPUBLIC.

Declaration of neutrality in the European war, August 5, 1914. [Boletin del Ministro de Relaciones Exteriores y Culto, vol. 43, p. 3.]

BUENOS AYRES, August 5, 1914.

In view of the communications received by the executive power from the imperial and royal legation of Austria-Hungary on July 26, making known the rupture of relations between that country and Serbia; from the diplomatic representatives of Russia and Germany under dates of August 2 and 3, respectively, making known the state of war existing between the two countries; from the German legation on August 4, declaring that the Empire finds itself in a state of war with France; from the legation of His Britannic Majesty on the present date declaring that the United Kingdom finds itself at war with the German Empire; from the legation of Belgium of the present date giving notice that the German troops have penetrated into its territory and that its Government has decided to resist by force, and considering:

That the state of war existing between nations friendly to the Argentine Republic imposes the necessity of determining the criterion and the rules of conduct which it is proper to adopt to maintain the neutrality of the Republic during the conflict,

That the principles of international law consecrated by the opinion of authors and by the practice of nations have been condensed in the clauses of the convention signed at The Hague October 18, 1907,

That although this convention, signed by the Argentine plenipotentiaries, has not yet been approved by the congress, this circumstance does not diminish the value which it possesses as a body of doctrine for determining the duties and the rights of neutral nations in case of war,

That it is indispensable in order to conform to the sentiments of the Argentine Government, to assure the greatest uniformity of treatment toward all the belligerent nations,

The Vice President of the Argentine nation decrees:

ARTICLE 1. While the state of war between the nations above mentioned or between any of them shall continue, the Government of the Argentine Republic will maintain the strictest neutrality.

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ART. 2. To render this provision effective there will be followed in all cases, the rules of law and the manner of procedure set forth in the convention relative to the rights and duties of neutral powers signed at The Hague October 18, 1907.1

ART. 3. The ministers, each in that which concerns him, will adopt the measures and will give the instructions, necessary for the execution of the present decree.

ART. 4. This decree will be communicated, published, and inscribed in the national register.

PLAZA JOSÉ LOUIS MURATURE.

BRAZIL.

General Rules of Neutrality, August 4, 1914.

ART. 1st. National and foreign residents in the United States of Brazil must abstain from any participation in aid of the belligerents or any act that may be deemed hostile to one of the nations at war.

ART. 2nd. The belligerents are not allowed to promote in Brazil the enlistment of their nationals, or of Brazilian citizens, or of subjects of other nations, for service in their forces on land

or sea.

ART. 3rd. The Government of Brazil does not consent that privateers be armed and equipped in the ports of the Republic.

ART. 4th. The exportation of arms and ammunitions of war from Brazil to any port of the belligerent nations, under the Brazilian flag, or that of any other nation, is absolutely forbidden.

ART. 5th. The States of the Union and their agents are not permitted to export or to participate in exporting any kind of war material for any of the belligerents, severally or collectively.

ART. 6th. A belligerent is not permitted to have a naval base of operations against the enemy at any point in the littoral of Brazil, or its territorial waters, nor to have in said waters wire. less telegraph stations to communicate with belligerent forces in the theatre of the war.

ART. 7th. In case the military operations or the sea-ports of any of the belligerents are situated at less than twelve days from the United States of Brazil, reckoning travel at twenty-three miles an hour, no warship of the other belligerent or belligerents will be allowed to stay in Brazilian ports, harbors or roadsteads longer than twenty-four hours, except in case of ships putting in on account of urgent need.

The case of urgent need justifies the staying of the warship or privateer at the port longer than twenty-four hours:

1. If the repairs needed to render the ship seaworthy cannot be made within that time;

1 Navy Department, 1911, Hague and Geneva Conventions, p. 118; Naval War College, International Law Situations, 8: 213.

Entrance of Warships.

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2. In case of serious danger on account of stress of weather; 3. When threatened by some enemy craft cruising off the port of refuge.

These three circumstances will be taken into consideration by the Government in granting a delay for the refugee ship.

ART. 8th. If the distance from the Brazilian port, harbor or roadstead of refuge to the next point of the littoral of the enemy is greater than twelve days' sail, the duration of the stay of the refugee ship or ships of war in the Brazilian waters will be left to the determination of the Government, acting according to circumstances.

ART. 9th. Regardless of the distance between the Brazilian ports and the principal field of military operations or between the Brazilian ports and those of one of the belligerent countries, privateers will not be allowed to stay in ports, harbors or territorial waters of Brazil longer than twenty-four hours, except in the three cases mentioned in Art. 7th.

ART. 10th. The rules established by Articles Nos. 7 and 8 for the limitation of the stay of ships in the ports, harbors and territorial waters of Brazil do not apply to ships of war occupied in scientific, religious or philanthropic missions, nor to hospital ships.

ART. 11th. Any act of war, including capture and the exercise of the right of visit, by a belligerent warship in territorial waters of Brazil constitutes a violation of the neutrality and offends the sovereignty of the Republic.

Besides due reparation, the Government of the Republic will demand the release by the belligerent government or governments of the vessels captured, with their officers and crew, if such captured vessels are already beyond the jurisdictional water of Brazil and immediate repression of the abuse committed.

ART. 12th. Once war is declared, the Federal Government will prevent, by all means, the fitting out, equipping and arming of any vessel that may be suspected of intending to go privateering or otherwise engaging in hostilities against one of the belligerents. The Government will be equally careful in preventing the sailing from the Brazilian territory of any vessel there adapted to be used as a warship in hostile operations.

ART. 13th. The belligerent warships are allowed to repair their damages in the ports and harbors of Brazil only to the extent of rendering them seaworthy, without in any wise augmenting their military power.

The Brazilian naval authorities will ascertain the nature and extent of the proper repairs, which shall be made as promptly as possible.

ART. 14th. The aforesaid ships may take supplies in Brazilian ports and harbors:

1. To make up their usual stock of food supplies as in time of peace;

2. To take fuel enough to reach their next home port or complete the filling of their coal-bunkers proper.

ART. 15th. The belligerent warships that take fuel in a Brazilian port will not be allowed to renew their supplies in the same or other Brazilian port before three months have elapsed since their next-previous supply.

ART. 16th. Belligerent ships are not allowed to increase their armament, military equipment, or crews in the ports, harbors, or territorial waters of Brazil. They may claim the services of the national pilots.

ART. 17th. The neutrality of Brazil is not affected by the mere passage through its territorial waters of belligerent warships and their prizes.

ART. 18th. If warships of two belligerents happen to be together in a Brazilian port or harbor, an interval of twenty-four hours shall elapse between the sailing of one of them and the sailing of her enemy, if both are steamers. If the first to sail is a sailing vessel and the next being an enemy is a steamer, three days' advance will be given to the first belligerent ship. Their time of sailing will be counted from their respective arrivals, exceptions being made for the cases in which a prolongation of stay may be granted. A belligerent ship of war cannot leave a Brazilian port before the departure of a merchant ship under an enemy flag, but must respect the aforesaid provisions concerning the intervals of departure between steamers and sailing vessels. ART. 19th. If a belligerent warship having received due notice from the competent local authority does not leave the Brazilian port where her stay would be unlawful, the Federal Government will take the necessary measures to prevent her sailing during the war.

(a) The officer in command of a ship of war flying the flag of a nation having ratified the 13th convention of The Hague, October 17, 1907, or having adhered to it afterwards, is under obligation to facilitate the execution of those measures.

(b) If a commandant of a belligerent ship refuses to comply with the notice received, for some reason nonapplicable, or for lack of adhesion to that and other clauses of said convention of The Hague, the Federal Government will command the naval and military authorities of the Republic to use force to prevent the violation of Brazilian neutrality.

(c) A belligerent ship being detained in Brazil, her officers and crew shall be detained with her.

(d) The officers and men thus detained may have their quarters in another ship or in some place ashore, to be under the restrictive measures that are advisable, keeping aboard the warship the men necessary to her upkeep. The officers may have their freedom, under written pledge, on their word of honor, not to leave the place assigned to them in Brazilian territory without authorization from the minister of the navy.

Treatment of Prizes.

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ART. 20th. The captures made by a belligerent may only be brought to a Brazilian port in case of unseaworthiness, stress of weather, lack of fuel or food provisions, and also under the conditions provided hereinbelow in Article 21st.

The prize must depart as soon as the cause or causes of her arrival cease. Failing that departure, the Brazilian authority I will notify the commander of the prize to leave at once, and, if not obeyed, will take the necessary measures to have the prize released with her officers and crew, and to intern the prize crew placed on board by the captor.

Any prize entering a Brazilian port or harbor, except under the aforesaid four conditions, will be likewise released.

ART. 21st. Prizes may be admitted that are brought, under convoy or not, to a Brazilian port, to be placed under custody pending the decision of the competent prize court. The prize may be sent by the local authority to some other Brazilian port. If she is convoyed by a warship, the officers and prize crew put aboard by the captor may return to the warship. If she sails alone, the prize crew put aboard by the captor is left at liberty. ART. 22nd. Belligerent warships that are chased by the enemy, and, avoiding attack, seek refuge in a Brazilian port, will be detained there and disarmed. But they will be allowed to go if their officers in command take the pledge of not engaging themselves in war operations.

ART. 23rd. No prize will be sold in Brazil before the validity of her capture is recognized by the competent court in the country of the captor. Nor is the captor allowed to dispose in Brazil of the goods in his possession as a result of the capture.

ART. 24th. From the officers in command of naval forces or warships calling at Brazilian ports for repairs or supplies, a written declaration will be required that they will not capture merchant ships under their adversary's flag, even outside territorial waters of Brazil, if met between 30 degrees Long. W. Greenwich, the parallel of 4 degrees, 30 minutes N. and that of 30 degrees S., when these merchant ships have taken cargo in Brazilian ports or are bringing cargo to the same.

ART. 25th. Belligerents can not receive in Brazilian ports goods sent directly to them in ships of any nation, since this would mean that the warships did not put in in a case of urgent need, but intended to cruise in these waters. To tolerate such an abuse would amount to allowing Brazilian ports to be used as a base of military operations.

ART. 26th. Belligerent warships admitted into the ports and harbors of Brazil shall remain in the places to them assigned by the local authorities, perfectly quiet and in peace with the other ships, even with the warships of other belligerents.

ART. 27th. The Brazilian military, naval, fiscal and police authorities will exercise the greatest care to prevent the violation of the aforesaid measures in the territorial waters of the Republic.