In view of paragraph 15 of article 75 of the constitution of the
Monarchy; of the decrees of August 30, 1780, of June 3, 1803, of May
5, 1854, of July 29, 1861, of July 2, 1866, and of July 28, 1870; of
articles 148, 150, 154, 155, 156, and 162 of the penal code; of the
principles set forth in the declaration of Paris of April 16, 1856,
made by the representatives of the powers that signed the treaty of
peace of March 30 of the same year, to which Portugal gave her
adhesion on the 28th of July following, and also of the doctrine
generally received respecting the rights and duties of neutrals:
After having heard the council of state, I have seen fit to decree
the following:
Article 1. Portuguese subjects and aliens
are forbidden to arm or fit out vessels intended for privateering in
the ports or waters of this Kingdom, whether on the Continent, the
adjacent islands, or in the Portuguese colonies beyond the sea.
Art. 2. The entrance into the ports and
waters mentioned in the foregoing article of privateers and prizes
taken by them or by any vessels of war of the belligerent powers is
likewise forbidden.
Sole paragraph.—Cases of vis major, in which,
according to international law, hospitality becomes indispensable,
are excepted from the provisions of this article, but the sale of
articles obtained from prizes shall not be allowed, and vessels
having charge of prizes shall not be permitted to remain for a
longer time than is indispensable for them to receive the necessary
aid.
Art. 3. The entrance into the ports and
waters mentioned in article 1 of vessels belonging to either of the
belligerents not having charge of prizes, and their stay there for a
short time shall be permitted, provided that such vessels conform to
the rules laid down in the following paragraphs:
- Paragraph 1.—Warships belonging to
either of the belligerent powers shall not
[Page 895]
commit any act of hostility in
the ports or waters of Portugal against the vessels or
subjects of any other power, even of that of which the
nation to which they belong is at war.
- Paragraph 2.—The vessels aforesaid
shall not be allowed to increase their crews in the
aforesaid ports and waters by recruiting seamen of any
nation, even of that to which the vessels belong.
- Paragraph 3.—The aforesaid vessels
are likewise forbidden to increase, within the said ports or
waters, the number or caliber of their guns, or to receive
on board portable arms or munitions of war.
- Paragraph 4.—The aforesaid vessels
shall not be allowed to leave port within twenty-four hours
after the departure of any vessel belonging to another power
with which the power to which they belong is at war unless
they obtain exemption from the limit of time above mentioned
from the competent authorities and furnish the required
guaranties that they will not take advantage of that
circumstance to commit any act of hostility against the
hostile vessel.
Art. 4. The conveyance is permitted, under
the Portuguese flag, of all articles of lawful commerce belonging to
the subjects of either of the belligerent powers, and the conveyance
is likewise permitted of articles of lawful commerce belonging to
Portuguese subjects, under the flag of either of the belligerent
powers.
- Paragraph 1.—Articles that may be
considered as contraband of war are expressly excluded from
the provision of this article.
- Paragraph 2.—The provision of this
article does not, moreover, apply to the ports of either of
the belligerent powers that are in a state of effective
blockade.
Art. 5. Portuguese subjects, and aliens
resident in Portugal and its dominions, must abstain from all acts
considered by the laws as calculated to jeopardize external security
and opposed to the interests of the State in its relations with
foreign nations.
Art. 6. The Government will not grant
protection of any kind from the acts or measures of belligerents to
Portuguese subjects or to any others who shall fail to observe the
provisions of this decree. The provision of this article shall not
invalidate any criminal proceedings that may be instituted according
to laws now in force.
Let the president of the council of ministers, minister and secretary
of state of the affairs of the Kingdom, and the ministers and
secretaries of state in charge of the other departments so
understand and cause it to be executed.
-
The King.
- José Luciano de
Castro.
-
Francisco Antonio da Veiga
Beirão.
-
Frederico Ressano Garcia.
-
Francisco Maria da Cunha.
-
Francisco Felisberto Dias
Costa.
-
Henrique de Barros Gomes.
-
Augusto José da Cunha.
Done at the palace this 28th day of
April, 1898.
Direction of the Telegraphic and Postal
Services,
Department of Telegraphs.
It is announced by superior order that, at the semaphoric
stations on the Continent, the Azores, and Madeira, the
telegraphic sea-notice service has been discontinued (to which
reference is made in articles 274, 275, 276, 277, and 278 of the
regulations relative to telegraphic correspondence of December
10, 1892) as regards that portion of it which relates to the
appearance, entrance, and departure of war vessels of all
nationalities; but the other semaphoric services mentioned in
articles 265 to 273 of the said regulations and in articles 62
and 63 of the international telegraphic regulations (Budapest
revision) will be continued.
Direction of the telegraphic and postal services, April 27,
1898.
For the director-general of posts and telegraphs.
