§ MR. D. A. THOMAS (Merthyr Tydvil)I beg to ask the First Lord of the Treasury whether Spain is a party to the Declaration of Paris (1856) excepting only as regards the first article abolishing privateering, it being so stated in Wheaton's "International Law," page 488, third edition, 1888?
§ THE FIRST LORD OF THE TREASURYSpain was not a party to the Declaration of Paris at the time of its signature, nor has she since acceded to it. The reply of Spain when invited to accede to the Declaration in 1858 will 966 be found in Volume XLVIII. of the State Papers, which are in the Library of the House.
§ LORD CHARLES BERESFORDI beg to ask the First Lord of the Treasury whether the Government have yet received any reply from the Spanish Government, declaring what its intention may be with regard to the principles laid down in the Treaty named in the Declaration of Paris?
§ MR. PICKERSGILLI beg to ask the Under Secretary of State for Foreign Affairs whether the Spanish Government has notified its decision as to its adherence or non-adherence to the principles laid down in the Declaration of Paris; if not, would it be convenient to state what communications have passed between Her Majesty's Government and the Spanish Government upon this subject?
§ SIR G. BADEN-POWELLI beg to ask the First Lord of the Treasury whether Her Majesty's Government has received any intimation from the Spanish Government in reference to the action taken by Spain in reference to privateering and the seizure of the private property, not being contraband of war, of belligerents in neutral vessels during the present war with the United States?
§ THE FIRST LORD OF THE TREASURYThese Questions are answered by the Spanish official decree, which, I think, has already been published. The relevant part of it is that neutral flags are to cover the enemy's merchandise except contraband of war. Neutral merchandise, except contraband of war, is not seizable under the enemy's flag, and a blockade to be obligatory must be effective. So far, of course, the policy of the Spanish Government is in exact accordance with the Declaration of Paris: but the Spanish Government, upholding its right to grant letters of marque, will for the present confine itself to organising with the vessels of the mercantile marine a force of auxiliary cruisers, which will co-operate with the Navy and will be under naval control.
§ SIR G. BADEN-POWELLIs it the opinion of Her Majesty's Government 967 that these auxiliary vessels will be public or private warships?
§ THE FIRST LORD OF THE TREASURYI have only the same means of interpreting the article I have just read as my hon. Friend has, but I personally am disposed to interpret it as meaning that the Spanish Government, while reserving to itself the right, if circumstances should make it expedient, to grant letters of marque, in the meantime does not mean to do so.
§ SIR W. HARCOURT (Monmouthshire, W.)Will the right hon. Gentleman ask for a more explicit declaration as to the true character of these vessels, whether or not they will be national vessels entirely under national control, or in what respect they will differ from vessels hired by a belligerent? It is very desirable, I think, to have something more explicit in this matter.
§ THE FIRST LORD OF THE TREASURYIf there is any doubt, of course I will make inquiry, but I think it is clear that the intention of the Spanish Government is to do what we propose to do, and, as I understand, the Americans are doing; that is, to put steamers used for peaceful purposes in times of peace under naval control under the command of naval officers for the purposes of offensive warfare.
§ SIR G. BADEN-POWELLWill these auxiliary vessels fly the Spanish Naval flag?
§ THE FIRST LORD OF THE TREASURYI presume they will.
§ MR. T. GIBSON BOWLES (Lynn Regis)Is it not the fact that even privateers were always held to be, and were treated as, public vessels?
§ THE FIRST LORD OF THE TREASURYI am afraid my hon. Friend is getting beyond my depth.
§ MR. P. O'BRIEN (Kilkenny)May I ask the right hon. Gentleman whether it is true, as reported by a news agency, that American warships have been ordered out of British ports, and, if so, whether by their own Government or by the British Government, and if by the British Government for what reason?
§ THE FIRST LORD OF THE TREASURYThe hon. Gentleman will see in a few hours the general principles by which we govern our action as neutrals with regard to both belligerents, and I hope he will wait to see those declarations before asking me any specific questions.