[Untitled], January 29, 1866

[Untitled]

The commander-in-chief of the Spanish squadron in the Pacific—

Considering, That the vessels of war, both Peruvian and Chilian, provide themselves with coal from the mines of Chili for their hostile operations on this coast;

Considering, That the laws of war permit belligerents to take possession of everything employed by the enemy in hostile operations against them, in which category the said combustible is included, being moreover a product of the soil of that enemy;

Considering, That the belligerent is authorized to declare new articles contraband of war, whenever, by the circumstances of said war, they become, in the hands of the enemy, elements for the undertaking and carrying on of hostilities;

Considering, finally, That the government of Chili has declared coal destined for Spanish vessels of war or privateers to be contraband;

I have resolved:

1. Mineral coal of the different mines of Chili is hereby declared contraband of war.

2. Neutral vessels, on board of which those of this squadron may find Chilian mineral coal, whatever be the port for which they are bound, shall remain subject to the provisions of the fourth article of the instructions of blockade, circulated in establishing that of the ports of this republic.

3. The object of this declaration, circumscribed as it is to a special instance of the present war, is not to lay down any precedent whatever respecting the general principle that stone coal ought not to be considered as contraband of war.

4. This declaration, made by the commander-in-chief of the naval forces of her Catholic Majesty in the Pacific, shall bear a temporary character until his government shall decide as it may deem proper in regard thereto.