cumstances and examine the provisions of international law and direct their subordinates what action to take.

From the day on which the above regulations shall be communicated in dispatches and published they shall he of force, and action must at once and uniformly be taken in accordance with them. There must be no disobedience.

No. 341.]

Mr. Swenson to Mr. Hay.

AMERICAN LEGATION, Copenhagen, May 9, 1904. SIR: I have the honor to transmit herewith copies, together with translations, of a notice issued February 10, 1904, and a proclamation dated the 27th ultimo, both bearing on the neutrality of Denmark in the present war between Russia and Japan. The latter document has been formulated after an interchange of views between the Governments of Denmark, Sweden, and Norway. There was a desire to secure a uniformity in rules to be adopted, and this has been accomplished with one or two minor exceptions. You will observe that the Danish decree specifically concerns itself with the "Present war between Russia and Japan," whereas the Swedish, as I understand, is drawn so as to be applicable in any war, omitting reference by name. A number of ports are declared closed to warships belonging to the belligerents; which is not the case in Denmark.

Whereas we have decided to preserve a strict neutrality during the present war between Russia and Japan: Now, therefore, we, Christian IX, by the grace of God King of Denmark, etc., in order to enforce such neutrality, make the following decree:

PARAGRAPH 1.

If warlike operations should extend to the vicinity of Denmark, the inner waters south of Sealand limited by the meridians of Omö and Stege shall be closed by means of stationary submarine mines; and ships of war belonging to either belligerent shall not be permitted to enter these waters nor the roadstead and harbor of Copenhagen, except in evident stress of weather, in which case such entrance shall be made public.

PARAGRAPH 2.

With the above exceptions, the war ships of either of the belligerents may enter all Danish ports. They must not, however, while in such ports, take in any supplies except provisions and such other things as may be requisite for the subsistence of their crews or for such repairs as are necessary for safe navigation. Urgent repairs, intended to make navigation safe, may be undertaken in such ports; but no acts intended to augment the military force of such ships will be permitted. The visit must not extend over a longer period than twenty-four hours, unless stress of weather, lack of provisions, or repairs neces

sitate a longer stay; in either of which cases the ship shall be required to put to sea as soon as possible after the cause of the delay has been removed.

So much coal only may be taken in as may be necessary to carry such vessels to the nearest nonblockaded home port, or, with permission from the proper Danish authorities, to some other neutral destination. No ship will be permitted, without special authorization, to coal in any Danish harbor or roadstead more than once in the course of three months.

During the visit the existing sanitary and police regulations, as well as others that later circumstances may render necessary, must be strictly observed. The belligerents must not commit hostile acts in Danish harbors or waters or make use of the same as base for operations at sea against each other or for the purpose of facilitating such operations. Nor must they use such harbors or waters for augmenting or renewing their military equipment or for recruiting purposes.

No warship belonging to either of the belligerents shall be permitted to leave a Danish harbor, roadstead, or bay from which a ship (whether it be a warship or a merchant vessel) belonging to the other belligenent has departed before the expiration of at least twenty-four hours from the departure of such last mentioned vessel.

PARAGRAPH 3.

Privateers will not be permitted to enter Danish harbors nor to lie in a Danish roadstead.

Prizes must not be brought into a Danish harbor or roadstead except in evident case of stress, nor must prizes be condemned or sold therein.

PARAGRAPH 4.

Hostile ships have free access to the harbors and waters of the country, and may take in such supplies as may be needed for the prosecution of their work.

PARAGRAPH 5.

The belligerents are not permitted to maintain coal depots on Danish territory. It is forbidden to clear from Danish harbors cargoes of coal directly destined for the fleets of the belligerents. This injunction does not, however, apply to coal brought from a harbor to the outlying roadstead intended to be used in compliance with the above provisions of paragraph 2, section 2.

PARAGRAPH 6.

Under penalties imposed by the law of February 13, 1904, relating to acts that endanger the neutrality of the country, the following acts are forbidden to be done by Danish subjects:

1. Cooperating in any act involving a violation of the provisions contained in the above paragraphs 1-3 and in paragraph 5.

2. In any capacity to enter service, in or from Danish territory, on board government vessels of the belligerents, including, except in peril of the sea, the towing of the warships or military transports, or rendering them any other assistance in navigation, or piloting them beyond Danish pilots' waters. Pilots duly authorized by the state will, however, be permitted, within their respective districts, to pilot such ships in the water thoroughfares Kattegat, the Sound, and the Belts, as well as into and out of a harbor.

3. On Danish territory, to construct or reconstruct for, sell, or in any other way, directly or indirectly, transfer to the belligerent powers ships which are known or suspected to be intended for use in war, as well as to cooperate in any way, on or from Danish territory, in the fitting out of such ships or in preparing them for warlike enterprises.

4. On or from Danish territory, to aid either of the belligerents in their warlike enterprises; as, for instance, by supplying their ships with articles that are considered contraband, or by undertaking any work that is intended to augment the armament of their ships or to increase the military force.

5. On Danish territory, publicly inviting anyone to take services in the forces of the belligerents, either on land or at sea, or to render them military aid in any other manner.

This decree takes immediate effect.

Given at Amalienborg, the 27th of April, 1904.

Under our royal hand and seal.

DEUNTZER.

CHRISTIAN R.

[Inclosure 2.-Translation.]

Notice to the Danish trade and shipping in consequence of the outbreak of war between Russia and Japan.

By Royal authority of this date, the following regulations are to be observed by Danish trade and shipping during the war, according to Danish laws or the rules of international law.

ARTICLE 1. When a Danish merchant vessel at sea is hailed by an armed ship belonging to either belligerent, she has, at the request of the officer in command, without opposition, to produce the ship's papers, i. e., the certificate of nationality and registry (or default of such a one, a provisional certificate of nationality delivered by a Danish consul), the crew list, the clearance papers, and the manifest. It is forbidden to conceal, to destroy, or to throw overboard papers concerning the ship or her cargo as well before as during the search. No Danish ship is allowed to have double papers or fly another flag than the Danish flag. Without a special permission in every case from the ministry of foreign affairs, no provisional certificate of nationality shall be delivered to any ship which has sailed under the flag of one of the belligerent powers during the war or the last six months before its outbreak.

ART. 2. No master is allowed to sail to any port blockaded by one of the belligerent powers. He has, as far as possible, to procure information, whether the entry to the port to which he is bound, is free. If he, on approaching a port, the blockade of which was unknown to him, is hailed by a man of war of the blockading power, and is informed by the commanding officer of the blockade of that port, he has immediately to withdraw, without trying secretly to enter the port.

ART. 3. No owner or master is allowed to employ his ship to the transporting of troops or contraband of war for any of the belligerent powers, or to let or charter ships which are known or supposed to be destined for such purpose.

ART. 4. As contraband of war-which is forbidden to convey to the belligerent powers or to their subjects—are considered: arms, ammunition, articles of clothing and equipment, and other manufactured articles which may be directly used for war purposes. Also dispatches from or to the authorities of any of the belligerent powers may be contraband of war, which it is prohibited to carry. If modifications or additional provisions with respect to contraband of war be needed, the ministry of foreign affairs will publish further instructions, after having procured the royal assent.

ART. 5. Russia having signed and Japan having later joined the maritime declaration made at Paris on the 16th of April, 1856, both parties are bound to recognize that privateering is abolished, that the neutral flag covers the enemy's cargo, contraband of war excepted; that the neutral cargo is not subject to seizure on board the enemy's ship, contraband of war being likewise excepted, and that blockades have to be effective.

ART. 6. If a master considers himself entitled to complain of the way in which he has been treated by any armed ship belonging to the powers at war, he has, as soon as possible, to present his claim before the ministry of foreign affairs, or before a Royal legation or consulate.

The Ministry of Foreign Affairs, February 10, 1904.

My Government has just communicated to me that the Russian and Japanese Governments having officially advised it of the state of war existing between them it had decided to conform, in order to observe neutrality, to the principles set down by the circular published in the

official journal of the Republic on April 27, 1898. I consider it my duty to bring these intentions to the knowledge of your excellency and to mention that the above-named circular has been communicated by my predecessor to the Department of State on the 11th of May, 1898. Please accept, etc.,

JUSSERAND.

Mr. Dodge to Mr. Hay.

No. 347.]

AMERICAN EMBASSY,
Berlin, April 25, 1904.

SIR: I have the honor to send to you inclosed herewith two copies (with English translations) of the neutrality proclamation of the German Government relating to the war now in progress between Russia and Japan, dated February 13, 1904.

I have, etc.,

H. PERCIVAL DODGE.

[Inclosure. Translation.]

German Empire.-Proclamation.

According to official declarations which have been made here by the Imperial Russian Government and the Imperial Japanese Government, a state of war now exists between Russia and Japan. This is hereby proclaimed, with the further announcement that it is the duty of everyone within the territory of the Empire and in the German protectorates, as well as of Germans in foreign lands, to refrain from all acts contrary to the neutrality of Germany. Berlin, February, 13, 1904. The Imperial Chancellor,

COUNT VON BÜLOW.

Mr. Choate to Mr. Hay.

ments, viz:

AMERICAN EMBASSY,

London, October 15, 1904.

I have the honor to inclose the following docu

(1) The King's proclamation of neutrality issued on February 11 last. (2) Copy of a letter dated February 11 last, addressed to the principal departments of His Majesty's Government, informing them of His Majesty's resolution to maintain neutrality."

Not printed. The proclamation and the letter of instruction are expressed in the same terms as the proclamation of April 26, 1898, and the letter of instruction of April 23, 1898, printed on pp. 865 and 869, respectively, in Foreign Relations 1898.

No. 413.]

Mr. Iddings to Mr. Hay.

AMERICAN EMBASSY, Rome, Italy, October 10, 1904. SIR: In compliance with your unnumbered instruction of September 23, 1904, I beg leave to send you herewith a copy of the Official Gazette of February 11, 1904, containing the neutrality proclamation issued by the Italian Government after the beginning of the war between Japan and Russia."

I have, etc.,

I have the honor to inclose a copy and translation of Mr. Mariscal's note of the 5th instant informing me that he had transmitted therewith two copies of the Diario Oficial containing Mexico's official declaration of neutrality.

MR. AMBASSADOR: In reply to your excellency's note of the 3d instant requesting data concerning the neutrality proclamations issued by the Government of Mexico during the war between Russia and Japan, I have the honor to transmit herewith two copies of the Diario Oficial, wherein Mexico's official declaration of neutrality in the Russian-Japanese conflict appears.

I renew, etc.,

IGNO. MARISCAL.

[Subinclosure.]

[From Diario Oficial of February 16, 1904.]

Mexico's neutrality in the Russian-Japanese conflict.

PROCLAMATION.

DEPARTMENT OF FOREIGN AFFAIRS,
Mexico, February 13, 1904.

This department having been informed by the diplomatic representatives of Russia and Japan, accredited before the Government of Mexico, of the state of war in which both of the aforesaid countries have been since the 10th instant,

a Not printed. The proclamation is expressed in the same terms as the proclamation of April 25, 1898, printed in Foreign Relations 1898, page 874 et seq.