I have this morning called the attention of the minister of foreign
affairs to the provisions of this decree, and inquired whether it was
intended to apply them rigorously to our only vessel-of-war at present
in the Mediterranean. The minister replied that such was not the purpose
of the government, and that the decree would not, in the actual state of
things, be held to apply to our small naval force in that sea, or to
make any change in the extent of the privileges hitherto allowed to us
for the convenience of our armed vessels in Italian ports.
The report, as you will observe, paragraph sixth, seems to imply that the
decree would not be considered as extending to us under present
circumstances, and the minister observed that the eighth article of the
decree might be considered as embracing our case, we having no
ships-of-war in the Mediterranean sent out for belligerent purposes.
For the present, then, we are not likely to be embarrassed by the
provisions of the new decree; but if our force should be augmented, or
if confederate cruisers should make their appearance within the straits
of Gibraltar, a less liberal rule of action toward us might be
adopted.
[Translation.]
VICTOR EMANUEL II, BY THE GRACE OF GOD AND THE WILL OF
THE PEOPLE, KING OF ITALY.
Having in view the royal patent of 24th November, 1827, which settled
the regulations of the ports; the penal law affecting the merchant
service, dated 13th January, 1827; the royal decree of 22d December,
1861, which extends to the new provinces of the kingdom the laws and
regulations for the merchant service in force in the old provinces;
considering the state of existing relations existing between Italy
and other maritime states which are engaged in open hostilities;
considering the prerogative reserved by international maritime law
in respect of some particular points along the coasts of a maritime
state, in view of upholding and guaranteeing the neutrality of the
kingdom toward belligerent powers, and to enforce under any
circumstances those rights which may possibly arise out of or flow
from such a condition, as well as for the object of preserving its
freedom of action intact; on the suggestion of our minister of
marine, in concert with that of the minister for foreign affairs, we
have decreed and do decree:
Art. 1. It shall not be allowed that any
vessel-of-war, armed and on a cruise, of any belligerent state,
enter and sojourn with prize in the ports or roadsteads of the
kingdom except in cases of stress.
Art. 2. In case of entry under stress,
ships-of-war armed for cruising, referred to in the preceding, and
under the conditions therein pointed out, must remove
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from the coasts of the
kingdom as soon as the cause which compelled them to seek refuge has
passed away, with reserve of the provisions of article 11.
Art. 3. No sale, exchange, barter or gift
of objects proceeding from prize shall be made under any pretext in
the ports, roads or coasts of the kingdom.
Art. 4. Every Italian subject is forbidden
from taking a commission from a belligerent party to arm vessels for
war, or accept letters of marque, to make cruising voyages, or
assist in any way in equipping, arming, or fitting out a
vessel-of-war or cruiser, for the aforesaid belligerent parties.
Art. 5. In support of article 35 of the
penal code for the merchant marine, every subject of the King of
Italy is prohibited from enlisting or taking service in a
ship-of-war, or armed for a cruise, of any belligerent state.
Art. 6. Those subjects who shall contravene
the prescriptions of the precedent articles 4 and 5, or commit any
act in behalf of a belligerent power contrary to the duty of
neutrality maintained by the government of Italy toward the said
parties, shall not have a right to protection against any act or
measure which the belligerent shall think fit to exercise over the
same, without prejudice to the punishment which by effect of this
decree is threatened against them in provisions of article 80 of the
penal code for the merchant marine, dated 13th January, 1827.
Art. 7. No vessel-of-war or belligerent
cruiser shall sojourn more than 24 hours in any port, roadstead, or
coast of the kingdom, or the adjacent waters, although she present
herself alone, except in cases of stress from stormy weather from
damage or failure of provisions necessary to the safety of her
voyage.
Art. 8. Ships-of-war of a friendly power,
although belligerent, can enter and sojourn in the ports, roads, and
on the coasts of the kingdom, in case the scope of their mission be
entirely scientific.
Art. 9. In no case shall a belligerent
vessel make use of an Italian port with a view to war, or to provide
herself with arms and ammunition; she shall not under pretext of
repairs do any work that may augment her war power.
Art. 10. Vessels-of-war or belligerent
cruisers shall not be denied provisions, commodities, and means for
repairs purely necessary for the subsistence of the crew and the
safety of the voyage.
Those ships-of-war or belligerent cruisers which seek a supply of
fossil coal cannot take in this supply later than 24 hours after
their arrival.
Art. 11. When vessels-of-war, cruisers, or
merchant vessels of two belligerent parties shall be together in
port, roads or on the coasts of the kingdom, there must be a space
of at least 24 hours between the sailing of a belligerent party, and
the following departure of the other party. This interval may be
extended according to circumstances by the maritime authorities of
the place.
Art. 12. In the ports considered as marine
fortresses, or military or armed ports, where places for anchorage
are permanently fixed, and arsenals and naval ship-yards, foreign
vessels-of-war cannot sojourn in number greater than the flag of the
port, or for longer term than eight days. That period of sojourn can
only be prolonged in case of stress or damage, after formal
permission from the royal government, for which the local authority
of the port must apply through the minister of marine.
Art. 13. The ports and anchorages in the
preceding article are the following: Genoa, and its adjacent shores,
towards the open sea; the Gulf of Spezzia, Leghorn, Porto Ferrajo,
Naples, Baia, Castellamare, Gaeta, Messina, and the anchorages of
the Pharos of Reggio, (Calabria,) Millazzo, Siracusa, Augusta,
Palermo, Trapani, Taranto, Brindisi, Ancona, Cagliari, Madalena
island.
Art. 14. The maritime authorities at the
places indicated in the preceding article, on the arrival of foreign
vessels-of-war, must send to their commander or the chief officer of
the same a copy of the present dispositions for their government,
and a request that they will conform to them.
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Art. 15. All the naval authorities of the
government must look to the exact fulfilment of whatever is
prescribed in this present decree, which will take effect from the
day of its publication in various parts of the kingdom.
Art. 16. All arrangements now in force are
abrogated in whatever parts they may be in conflict with this
decree.
We order that the present decree, under the seal of state, be
inserted in the official collection of the laws and decrees of the
kingdom of Italy, ordering all to regard, observe, and keep the
same.
Given at
Turin, 6th April, 1864.
VICTOR EMANUEL.
E. CUGIA.
