ministry of marine., July 20, 1873

ministry of marine.

Decree of July 20, 1873, declaring the naval insurgents at Cartagena pirates.

preamble.

In the midst of the grave situation through which the country is passing, when an interrupted series of intestinal discords have brought it to its present melancholy condition, a new complication unhappily arises which may be followed by varied and distinct consequences, the more transcendental in that they affect or may affect our international relations.

Several vessels of the navy at anchor in the port of Cartagena, making common cause with the insurgent masses in that maritime department, have set at nought the legitimate authority of their commanders and officers, and in open rebellion against the sole power organized by the will of the Cortes, have put to sea with the purpose of carrying out their criminal designs on the Mediterranean coasts.

The government in consequence cannot allow itself in any way to be held liable for this action, hitherto unparalleled in naval annals, nor permit that, perhaps under cover of party aims of a certain character, these vessels should commit acts of positive piracy which would compromise the dignity of Spain in the eyes of foreign nations, for, according to international law, all vessels are pirates which hold no lawful commission from a government, or carry no legal sailing-papers, and which are not under the command of an officer competently authorized to represent the public forces.

In view of this and of the urgent necessity of attacking the evil at its birth, the undersigned minister has the honor to propose the issue of the following decree.

The Minister of Marine, JACOBO OREYRO.

Madrid, July 20, 1873.

decree.

• Article I. The crews of the frigates of the national navy, Almansa, Victoria, and Mendez Nunez, the crew of the steamer Fernando el Católico, and of any other war vessel among those in mutiny in the department of Cartagena, shall be deemed to be pirates wherever found in the jurisdictional waters of Spain, or beyond them, by Spanish or foreign naval forces, according to articles 4, 5, and 6, section 5, chapter 6, of the general ordinances of the navy.
• Article II. Commanders of war vessels of powers friendly to Spain are hereby authorized to seize the vessels specified in article I, and to pass judgment upon the individuals composing their crews in the sense expressed in that article, the Spanish government reserving to itself the ownership of the vessels, to be established by the proper reclamations through diplomatic channels.
• Article III. In like manner are declared pirates any other vessels of the national navy, which, being in a state of mutiny and not under the command of officers of the navy, may put to sea from any port of the peninsula.
• Article V. (IV?) The minister of marine is hereby charged with the execution of this decree, and shall communicate to the minister of state for the information of the foreign diplomatic body.