2. Neutral merchandise, except contraband of war, is not seizable under the enemy’s flag.
3. A blockade to be obligatory must be effective—viz.: It must be maintained with sufficient force to prevent access to the enemy’s littoral.
4. The Spanish government, upholding its right to grant letters of marque, will at present confine itself to organizing, with the vessels of the mercantile marine, a force of auxiliary cruisers which will cooperate with the navy according to the needs of the campaign and will be under naval control.
5. In order to capture the enemy’s ships and confiscate the enemy’s merchandise and contraband of war under whatever form, the auxiliary cruisers will exercise the right of search on the high seas and in the waters under the enemy’s jurisdiction, in accordance with international law and the regulations which will be published.
6. Defines what is included in contraband of war, naming weapons, ammunition, equipments, engines, and, in general, all the appliances used in war.
7. To be regarded and judged as pirates with all the rigor of the law are captains, masters, officers, and two-thirds of the crews of vessels which, not being American, shall commit acts of war against Spain, even if provided with letters of marque issued by the United States.
Following is a summary of the more important of the five clauses outlining the rules Spain announced she would observe during the war:
The united states makes reply.
It took the House of Representatives just one minute and forty-one seconds on Monday to pass a declaration of war which replied to that of Spain. The Senate acted almost as promptly, and their respective presiding officers and the President of the United States signed the Act of Congress immediately, so that it became at once a law of the land. The declaration of war was passed by Congress in response to a message from the President requesting that action in the following terms:
To the senate and house of representatives of the united states of America:
I transmit to Congress for its consideration and appropriate action copies of correspondence recently had with the representative of Spain in the United States, with the United States Minister at Madrid, and through the latter with the government of Spain, showing the action taken under the joint resolution approved April 20, 1898, “for the recognition of the independence of the people of Cuba, demanding that the government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to carry these resolutions into effect.”