Britain, Haiti, Italy, Japan, Liberia, Portugal, Venezuela, Roumania, Norway and Sweden prohibited recruiting and enrolling for belligerent armies,70 but this does not imply that the law of the other neutrals admitted the practice. On the contrary, the rule is now well-nigh a universal one. Some applied the principle to aliens residing within their own limits equally with subjects." The principles upon the use of neutral soil had little application during the war. The law of Spain did not admit of the enrollment of aliens in its armies," and the United States had no occasion to resort to foreign assistance. A minor instance of the kind arose at the beginning of the war. Among the vessels purchased from private companies an American torpedo boat, the Somers, at Falmouth, was notified that she must leave within twenty-four hours, but she found herself unable to do so owing to an insufficient crew, and the English Foreign Enlistment Act denied to belligerent vessels in port, even within the twenty-four hours of grace, the privilege of enlisting or augmenting her crew. The Somers was forced to remain in port until the war was over,' 78 and even her release as late as December 8, 1898, long after the war was practically concluded, was upon the express pledge to the British Government that in the event of a renewal of hostilities the Somers would not be employed for military purposes.74

TO Proclamations and Decrees, pp. 13, 27, 29, 31, 39, 40, 42, 47, 48, 50, 60, 62, 69; Le Fur, App. XXXV.

"This was the case with the declarations of Great Britain, Brazil, Japan, Portugal, and Haiti.

72 Le Fur, La guerre hispano-américaine, p. 90. 73 London Times, April 27, 1898.

"Foreign Relations, 1898, p. 1007.

A phase of the rights and duties of neutrals that arose in the Spanish war and for a time threatened serious consequences concerned neutral war-ships in belligerent ports. German merchants with a valuable commerce in the Philippines found it interrupted by the blockade of Manila. The German Government, alive to the interest of its own subjects, concentrated almost the entire Asiatic fleet in the waters of Manila in their defense. At the same time rumors became current that Germany meditated intervention.75

During this period of suspicion of German motives occurred the affair of the Irene. Her commander, Admiral Diedrich, induced by an overweening enthusiasm for the Spanish cause, intervened to prevent Aguinaldo and his insurgent followers from coöperating with the American forces besieging Manila and capturing Isla Grande. American war-ships went to the relief and the German vessel withdrew without a clash.76 On another occasion the Irene was accused of violating the blockade of Manila, of transporting official despatches and troops for the Spanish authorities, and of resisting visit by the United States blockading fleet. Such incidents most naturally raise the question of the rights and duties of the Irene and her kind in Manila Bay during the war.

As a matter of international courtesy war-ships of neutrals are admitted into belligerent jurisdiction; they can scarcely be said to have any rights there. The protection of neutral subjects of the states which the war-ships represent gives a semblance of right or at

'See New York Tribune, June 11, 1898, a mere hint of which quickly superexcited American journalistic passions. 76 The London Times, July 16, 1898.

least a reason for their presence. But if the right to be there at all is doubtful, when once there the obligation to adhere to a strict neutrality is a preeminent obligation.

In general the war was noteworthy for the small degree of friction with neutrals. Such regrettable incidents as the tactless toast of Admiral Diedrich for the success of the Spanish arms and the heated afterdinner invectives of Captain Coglan deserve no notice. They should have been allowed to pass into oblivion as soon as uttered, and but for a sensational press would never have engaged the attention of the two governments. A misunderstanding in American and English newspapers as to the part of the German Government in transporting General Augustin from Manila to Hongkong several days after the surrender of Manila reawakened the journalistic controversy. The fact was that General Augustin had been displaced by his government and ordered home, and with Admiral Dewey's consent the commander of the cruiser Kaiserin-Augusta had undertaken to transport him to Hongkong." These matters never strained diplomatic relations to any noteworthy degree. Some of the representations of the newspapers, had they been founded on facts, were serious enough, but an exchange of diplomatic explanations fully satisfied the governments involved. Other neutrals were in belligerent ports regularly during the war without any protests on account of non-neutral conduct.

"Le Fur, La guerre hispano-américaine, pp. 140–41, notes. Full newspaper accounts of incident quoted.

CHAPTER VIII

NEGOTIATIONS OF BELLIGERENTS DURING WAR. RESTORATION OF PEACE.

The moment when a worsted belligerent becomes conscious of the failure of its cause and desires to enter into negotiations for returning to a peace basis is always a critical one and tries the most resourceful diplomacy to the utmost. The destruction of the Spanish fleet on July 3, the surrender of Santiago on July 16, and the threat of a visit from a hostile fleet to the islands and harbors of peninsular Spain offered grim prospects for any government that would try to prolong the conflict. Only a few military officials in Spain advised that the war be carried on. The practical question for the Government was how to initiate direct negotiations when the ordinary channels of diplomatic intercourse were closed, and the resort to the mediation of one of the great powers was a most logical one. The French Ambassador in Washington, in common with the Austro-Hungarian Minister, had been charged from the first with the interests of Spanish subjects within the United States. The French Ambassador had acted for Spain in several unimportant communications regarding persons taken on Spanish prizes captured during the war. After the naval battle of Santiago he had been charged with the interests of the prisoners taken there.1 The deli

1

Correspondence of the Embassy of France representing the interests of Spain, Treaty of Peace and other Papers, pp. 285 ff. Foreign Relations, 1898, pp. 785 ff.

cate question of procedure was thus in part solved for Spain in advance. Her wish for peace could be made known through France acting as an intermediary without the suspicion of French intermeddling or intervention, either of which would be resented by the American people, influenced by an injudicious journalism.

Preliminary negotiations were begun on July 18 with a telegram from the Minister of State at Madrid addressed to the Spanish Ambassador at Paris. It read in part: "Thinking it feasible that the French Government may help us (if they have the disposition) to open up communication with the American Government, I beg your excellency to ascertain if the Ambassador of France in Washington, who has charge of Spanish affairs and possesses key No. 74, would be able to present to the Secretary of State, Mr. Day, a communication from the Spanish Government, directed to the President of the Republic of the United States, in which he is invited to put an end to the painful situation of the island of Cuba." Thereupon followed an explanation of the state of affairs in Cuba and a statement that the proposed communication would at the same time solicit an immediate armistice.2 Some slight delays in Paris caused a second message, on July 20, urging haste. The situation in Manila and Porto Rico was advanced as a reason for concluding a suspension of hostilities at the earliest possible moment, and this was set forth, it was manifest from the tenor of the communication, in order to save something from the wreck of colonies. On July 21

2 Spanish Diplomatic Correspondence and Documents, 18961900, p. 200.