Conferences held at Geneva in 1867 and 1869, still further perfected

the organization and operation of the International Committee of

Berne, and its relations to the several civil Central Red Cross

Committees in the adhering States, to the end that the latter might

not alone co-operate with the governments of their respective

nations in time of war, but should perform analogous relief work in

each State in time of pestilence, famine or other national calamity.

Of the American National Red Cross, and its conspicuous peaceful

services in time of national suffering at home and abroad, it is

superfluous to speak.

Thus is clearly explained why, on such great fields of suffering and

disaster as the Ohio Floods, the Russian Famine, the Sea Islands

Hurricane, in Armenia and in Cuba, the American National Red Cross is

found endeavoring to carry out the benign intentions of the Treaty of

Geneva.

For the first time in the history of warfare, it was now proposed to fit

out, and maintain at sea, hospital ships for the relief of sick and

wounded. The Treaty of Geneva, however, only provided for the

recognition and protection of the hospital service of the army in its

operations upon the land. An amendment to the treaty was proposed by the

convention which met at Geneva on October 20, 1868, extending the treaty

to include hospital service at sea. This amendment, concerning naval

hospital service, was known as the "Additional Articles," and, although

the Government of the United States in acceding to the Treaty of Geneva

included the proposed amendment, President Arthur in his proclamation of

August 9, 1882, reserved the promulgation of the Additional Articles

until after the exchange of ratifications by the signatory Powers. The

Additional Articles were never ratified by the other treaty nations,

and, at the beginning of the Spanish-American war, they were not in

force as a part of the treaty. Spain was therefore under no treaty

obligation to respect the flag of the Red Cross upon the ocean.

Although the Additional Articles had not yet been formally ratified, the

Swiss Government, acting as an intermediary, and with a view to securing

their observance by both belligerents during the war, opened a

diplomatic correspondence between the governments of the United States

and Spain, proposing the adoption of a temporary agreement, or _modus

vivendi_, during the continuance of hostilities. The official

correspondence on the subject between the Secretary of State and the

Swiss Minister will be of interest, as showing the method by which the

temporary agreement between the two countries was secured, the

modifications made and the interpretation placed upon some of the

doubtful clauses:

SWISS LEGATION,

WASHINGTON, _April 23, 1898_.

MR. SECRETARY OF STATE: War having been now unhappily declared

between the United States and Spain, my government, in its capacity

as the intermediary organ between the signatory states of the

convention of Geneva, has decided to propose to the cabinets of

Washington and Madrid to recognize and carry into execution, as a

_modus vivendi_, during the whole duration of hostilities, the

additional articles, proposed by the International Conference which

met at Geneva on October 20, 1868, to the convention of Geneva of

August 22, 1864, which (additional articles) extend the effects of

that convention to naval wars. Although it has as yet been

impossible to convert the said draft of additional articles into a

treaty, still, in 1870, Germany and France, at the suggestion of the

Swiss Federal Council, consented to apply the additional articles as

a _modus vivendi_, during the whole duration of hostilities. The

Federal Council proposes the additional articles as they have been

amended at the request of France and construed by that power and

Great Britain.

My government, while instructing me to make this proposition to Your

Excellency, recalls the fact that, on March 1, 1882, the President

of the United States declared that he acceded, not only to the

Geneva Convention of August 22, 1864, but also to the additional

articles of October 20, 1868.

The Spanish Government, likewise, in 1872, declared itself ready to

adhere to these articles. The Federal Council, therefore, hopes that

the two governments will agree to adopt the measure, the object of

which is to secure the application on the seas of the humane

principles laid down in the Geneva Convention.

With the confident expectation of a favorable reply from the United

States Government to this proposal, I avail myself, etc.,

J.B. PIODA.

DEPARTMENT OF STATE,

WASHINGTON, _April 25, 1898_.

SIR: I have the honor to acknowledge the receipt of your note of the

twenty-third instant, whereby, in view of the condition of war

existing between the United States and Spain, you communicate the

purpose of your government to propose to the cabinets of Washington

and Madrid that they recognize and carry into execution, as a _modus

vivendi_, during the whole duration of hostilities, the additional

articles proposed by the International Conference of Geneva, under

date of October 20, 1868, for the purpose of extending to naval wars

the effects of the convention of Geneva of August 22, 1864, for the

succor of the wounded in armies in the field.

As you note in the communication to which I have the honor to reply,

the United States, through the act of the President, did on the

first day of March, 1882, accede to the said additional articles of

October 20, 1868, at the same time that it acceded to the original

convention of Geneva of August 22, 1864; but, as is recited in the

President's proclamation of July 26, 1882, a copy of which I enclose

herewith, the exchange of the ratifications of the aforesaid

additional articles of October 20, 1868, had not then (nor has

since) taken place between the contracting parties, so that the

promulgation of the accession of the United States to the said

additional articles was (and still remains) reserved until the

exchange of the ratifications thereof between the several

contracting states shall have been effected and the said additional

articles shall have acquired full force and effect as an

international treaty.

I find, upon examination of the published correspondence which took

place in 1870 at the time of the war between France and North

Germany (British and Foreign State Papers, vol. 60, pp. 945-946),

that upon the initiative of the Prussian minister at Berne, followed

by the proposal made by the government of the Swiss confederation to

the French and North German governments, the then belligerents

severally notified to the government of Switzerland their

willingness to accept provisionally and at once to establish as a

_modus vivendi_ applicable to the war then in progress, both by sea

and land, all the additional articles to the convention of Geneva of

October 20, 1868, together with the subsequent interpretations of

the ninth and tenth articles thereof agreed upon and proposed by

England and France. I understand from your note that, although those

articles have not as yet become a matter of international

convention, it is desired that the United States and Spain accede to

the same, together with the same amendments and construction as

above stated. I entertain no doubt that the United States will

readily lend its support and approval to the general purpose of

those articles and be in favor of adopting them as a _modus

vivendi_; it has ever been in favor of proper regulations for the

mitigation of the hardships of war. But before it can accede to them

as a matter of fact, in the present instance, it must first fully

understand the nature and text of the amendments and construction

placed upon the articles by France and England as stated by you.

I would respectfully suggest, therefore, that there be furnished to

this government either the text or a clear exposition of the

articles, with the amendments and constructions referred to, in

order that the understanding may be complete. A certain pamphlet,

written by Lieutenant Colonel Poland in 1886, is said to contain

these amendments and constructions, but there is not now accessible

to the Department of State a copy of such pamphlet or other reliable

means of information on the subject. I shall await with pleasure

fuller and exact information from you of the terms to which we are

asked to accede.

Accept, etc.

JOHN SHERMAN.

SWISS LEGATION,

WASHINGTON, D.C., _May 4, 1898_.

MR. SECRETARY OF STATE: I have had the honor to receive the note

which your honorable predecessor did me the favor of addressing to

me under the date of the twenty-fifth of April, in reply to mine of

the twenty-third of the same month, upon the subject of the

proposition of my government to the cabinets of Washington and

Madrid to adopt as a _modus vivendi_ pending the entire duration of

the war, the articles of the twentieth of October, 1868, additional

to those of the convention of Geneva of the twenty-second of August,

1864.

The documents which, in the aforesaid note of your predecessor, were

desired and which, as I have had the opportunity of telling you

verbally, my government had sent at the same time that it instructed

me by cable to make the overtures on the subject, have just arrived,

and I enclose them herein in duplicate copies. They confirm the text

of the additional articles, the modification of Article IX proposed

by France and the notes exchanged between England and France

concerning the import of Article X. The Spanish Government having,

by note of its Legation of the seventh of September, 1872, also

declared that it was ready to adhere to the articles in question,

the Federal Council hopes that the governments of America and Spain,

appreciating the sentiments which have guided it in its course, will

be of accord in adopting as a _modus vivendi_ a measure which has

for its purpose the securing of the application upon the sea of the

humanitarian principles consecrated by the Geneva Convention.

Awaiting your communication to me of the decision which the

Government of the United States shall see fit to take in regard to

this proposition, I offer you, Mr. Secretary of State, the

expression of my very highest consideration.

J.B. PIODA.

DEPARTMENT OF STATE,

WASHINGTON, _May 9, 1898_.

SIR: Upon receiving your note of the fourth instant, in reply to

mine of the twenty-fifth of April, concerning the proposition of the

Government of the Swiss Confederation that the United States and

Spain adopt as a _modus vivendi_, pending the entire duration of the

war, the articles of October 20, 1868, additional to those of the

convention of Geneva on August 22, 1864, I communicated all the

papers in the case to the Secretary of the Navy, calling his

attention to the form of the _modus vivendi_ adopted during the

Franco-German war, which your government was pleased to suggest as a

precedent to be followed during the existing war. The printed paper

you enclose, besides giving the text of the original additional

articles of October 20, 1868, contains the correspondence had in

1868 and 1869 concerning the interpretation of Articles IX and X of

the said additional convention and thus establishes the precise

nature of the understanding to which France and the North German

States respectively acceded.

As so expressed, the Government of the United States finds no

difficulty in acceding to the suggestion of the Government of

Switzerland. It had, in fact, anticipated it, so far as concerns its

own conduct of hostilities and its own purpose to observe the humane

dictates of modern civilization in the prosecution of warfare upon

the sea as well as upon land by fitting out and equipping a special

ambulance ship, the "Solace," in conformity with the terms of the

additional convention aforesaid, thus confirming emphatically its

adhesion to the principles of that beneficient arrangement without

regard to the absence of its formal ratification by the various

signatories.

I am happy, therefore, to advise you, and through you the Government

of the Swiss Confederation, that the Government of the United States

will for its part, and so long as the present war between this

country and Spain shall last, treat as an effective _modus vivendi_

the fourteen additional articles of October 20, 1868, with the

interpretations of the ninth and tenth articles thereof appearing in

the publication you communicate to me. While it is proper to adopt

this course on its own account, and without reference to such action

as Spain may take, this government would nevertheless be glad to

hear that the representations made by your government to that of

Spain had met with a favorable response in order that the two

parties to the present contest may stand pledged to the same humane

and enlightened conduct of naval operations as respects the sick and

wounded as was recognized and adopted by the respective parties to

the Franco-Prussian war.

Should the Government of Spain likewise accede to the Swiss

proposition, I should be much gratified to be apprised of the fact,

and also that the Spanish accession contemplates acceptance of the

interpretations of Articles IX and X which were adopted by France

and the North German States and which are embraced in the

proposition of your government.

Accept, etc.,

WILLIAM R. DAY.

SWISS LEGATION,

WASHINGTON, D.C., _May 9, 1898_.

MR. SECRETARY OF STATE: As I had the honor verbally to inform the

Assistant Secretary of State this morning, my Government has charged

me to bring to the knowledge of Your Excellency that the Spanish

Government has accepted the proposition of the Federal Council

concerning the additional articles of the Geneva Convention.

I doubt not that Your Excellency will be pleased very soon to enable

me to announce to the Federal Council that the Government of the

Union also adheres for its part to the proposed _modus vivendi_, and

in this expectation I offer to Your Excellency the expression of my

very high consideration.

J.B. PIODA.

DEPARTMENT OF STATE,

WASHINGTON, _May 10, 1898_.

SIR: I have the honor to acknowledge the receipt of your note of May

9, formally notifying me that the Spanish Government has accepted

the proposition of the Federal Council concerning the additional

articles of the Geneva Convention, and expressing the hope that you

would be soon enabled to inform your government that the United

States Government adheres for its part to the proposed _modus

vivendi_.

As you were advised in the verbal interview with the Second

Assistant Secretary of State, to which you refer in your note of the

ninth, I have already had the pleasure of informing you, by my

official note of that date, that the United States Government would

for its part treat as an effective _modus vivendi_ the additional

articles of 1868, with the amendments and interpretations of

Articles IX and X thereof appearing in the publication communicated

to me by you. I trust that that note, which apparently had not

reached your hands at the time of your note to me of the same date,

has now been received by you and its contents transmitted to the

Federal Council.

Be pleased to accept, etc.,

WILLIAM R. DAY.

The additional articles concerning the Maritime Hospital Service in war,

as modified by the _modus vivendi_, forming Articles VI to XV of the

Treaty of Geneva when formally ratified, are:

ART. VI. The boats which, at their own risk and peril, during and

after an engagement pick up the shipwrecked or wounded, or which,

having picked them up, convey them on board a neutral or hospital

ship, shall enjoy, until the accomplishment of their mission, the

character of neutrality, as far as the circumstances of the

engagement and the position of the ships engaged will permit.

The appreciation of these circumstances is entrusted to the humanity

of all the combatants. The wrecked and wounded thus picked up and

saved must not serve again during the continuance of the war.

ART. VII. The religious, medical and hospital staff of any captured

vessel are declared neutral, and, on leaving the ship, may remove

the articles and surgical instruments which are their private

property.

ART. VIII. The staff designated in the preceding article must

continue to fulfill their functions in the captured ship, assisting

in the removal of the wounded made by the victorious party; they

will then be at liberty to return to their country, in conformity

with the second paragraph of the first additional article.[C]

The stipulations of the second additional article[D] are applicable

to the pay and allowance of the staff.

ART. IX. The military hospital ships remain under martial law in all

that concerns their stores; they become the property of the captor,

but the latter must not divert them from their special appropriation

during the continuance of the war.

[The vessels not equipped for fighting, which during peace, the

government shall have officially declared to be intended to serve as

floating hospital ships, shall however, enjoy during the war

complete neutrality, both as regards stores, and also as regards

their staff, provided their equipment is exclusively appropriated to

the special service on which they are employed.]

ART. X. Any merchantman, to whatever nation she may belong, charged

exclusively with removal of sick and wounded, is protected by

neutrality, but the mere fact, noted on the ship's books, of the

vessel having been visited by an enemy's cruiser, renders the sick

and wounded incapable of serving during the continuance of the war.

The cruiser shall even have the right of putting on board an officer

in order to accompany the convoy, and thus verify the good faith of

the operation.

If the merchant ship also carries a cargo, her neutrality will still

protect it, provided that such cargo is not of a nature to be

confiscated by the belligerent.

The belligerents retain the right to interdict neutralized vessels

from all communication, and from any course which they might deem

prejudicial to the secrecy of their operations. In urgent cases

special conventions may be entered into between commanders in chief,

in order to neutralize temporarily and in a special manner the

vessels intended for the removal of the sick and wounded.

ART. XI. Wounded or sick sailors and soldiers, when embarked, to

whatever nation they may belong, shall be protected and taken care

of by their captors.

Their return to their own country is subject to the provisions of

Article VI of the convention and of the additional Article V.[E]

ART. XII. The distinctive flag to be used with the national flag, in

order to indicate any vessel or boat which may claim the benefits of

neutrality, in virtue of the principles of this convention, is a

white flag with a red cross. The belligerents may exercise in this

respect any mode of verification which they may deem necessary.

Military hospital ships shall be distinguished by being painted

white outside with green strake.

ART. XIII. The hospital ships which are equipped at the expense of

the aid societies, recognized by the governments signing this

convention, and which are furnished with a commission emanating from

the sovereign, who shall have given express authority for their

being fitted out, and with a certificate from the proper naval

authority that they have been placed under his control during their

fitting out and on their final departure, and that they were then

appropriated solely to the purpose of their mission, shall be

considered neutral, as well as the whole of their staff. They shall

be recognized and protected by the belligerents.

They shall make themselves known by hoisting together with their

national flag, the white flag with a red cross. The distinctive mark

of their staff, while performing their duties, shall be an armlet of

the same colors. The outer painting of these hospital ships shall be

white, with red strake.

These ships shall bear aid and assistance to the wounded and wrecked

belligerents, without distinction of nationality.

They must take care not to interfere in any way with the movements

of the combatants. During and after the battle they must do their

duty at their own risk and peril.

The belligerents shall have the right of controlling and visiting

them; they will be at liberty to refuse their assistance, to order

them to depart, and to detain them if the exigencies of the case

require such a step.

The wounded and wrecked picked up by these ships cannot be reclaimed

by either of the combatants, and they will be required not to serve

during the continuance of the war.

ART. XIV. In naval wars any strong presumption that either

belligerent takes advantage of the benefits of neutrality, with any

other view than the interest of the sick and wounded, gives to the

other belligerent, until proof to the contrary, the right of

suspending the convention as regards such belligerent.

Should this presumption become a certainty, notice may be given to

such belligerent that the convention is suspended with regard to him

during the whole continuance of the war.

ART. XV. The present act shall be drawn up in a single original

copy, which shall be deposited in the archives of the Swiss

Confederation.

An authentic copy of this act shall be delivered, with an invitation

to adhere to it, to each of the signatory powers of the convention

of the twenty-second of August, 1864, as well as to those that have

successively acceded to it.

In faith whereof, the undersigned commissaries have drawn up the

present project of additional articles and have apposed thereunto

the seals of their arms.

[Done at Geneva, the twentieth day of the month of October, of the

year one thousand, eight hundred and sixty-eight.]

[C] ARTICLE I. The persons designated in Article II of the convention

shall, after the occupation by the enemy, continue to fulfill their

duties, according to their wants, to the sick and wounded in the

ambulance or the hospital which they serve. When they request to

withdraw, the commander of the occupying troops shall fix the time

of departure, which he shall only be allowed to delay for a short

time in case of military necessity.

[D] ART. II. Arrangements will have to be made by the belligerent

powers to insure to the neutralized person fallen into the hands of

the army of the enemy, the entire enjoyment of his salary.

[E] ART. V. In addition to Article VI of the convention, it is

stipulated that, with the reservation of officers whose detention

might be important to the fate of arms and within the limits fixed

by the second paragraph of that article, the wounded fallen into

the hands of the enemy shall be sent back to their country after

they are cured, or sooner if possible, on condition, nevertheless,

of not again bearing arms during the continuance of the war.

The following note shows the special amendment and the interpretation of

certain clauses of the articles, as agreed by the Governments of the

United States and Spain:

[Illustration: ENTRANCE TO HARBOR OF HAVANA--PUNTA PARK.]

[Illustration: SECRETARY OF THE NAVY LONG.]

NOTE.

(_a_) The amendment proposed by France is contained in brackets

after Article IX.

(_b_) The interpretation placed upon Article X by England and France

is to the following effect:

The question being raised as to whether under Article X a vessel

might not avail herself of the carrying of sick or wounded to engage

with impunity in traffic otherwise hazardous under the rules of war,

it was agreed that there was no purpose in the articles to modify in

any particular the generally admitted principles concerning the

rights of belligerents; that the performance of such services of

humanity could not be used as a cover either for contraband of war

or for enemy merchandise; and that every boat which or whose cargo

would, under ordinary circumstances, be subject to confiscation, can

not be relieved therefrom by the sole fact of carrying sick and

wounded.

Question being raised as to whether, under Article X an absolute

right was afforded to a blockaded party to freely remove its sick

and wounded from the blockaded town, it was agreed that such removal

or evacuation of sick and wounded was entirely subject to the

consent of the blockading party. It should be permitted for

humanity's sake where the superior exigencies of war may not

intervene to prevent, but the besieging party might refuse

permission entirely.

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