[Untitled], July 2, 1866

[Untitled]

The kingdom of Italy being at war with the empire of Austria, as proved by the declaration dated at Cremona on the 20th of June last, signed by the general chief of staff of the Italian army; and the kingdom of Prussia being likewise at war with the empire of Austria and with other states of Germany, it being convenient to maintain and preserve intact the relations of peace, good understanding, and friendship which exist between Portugal and the governments of Europe, by observing on our part the most strict and absolute neutrality towards the powers now at war, having in view section 15 of the 75th article of the constitutional charter of this kingdom; the decrees of 30th August, 1780; of 3d June, 1803; of 5th May, 1854 ; and of 29th July, 1861; and articles 148, 150, 154, 155, 156, and 162 of the penal code of 10th December, 1852; in view of the principles established in the declaration of Paris of 16th April, 1856, made by the representatives of signing powers to the treaty of peace, under date of 30th of March of said year, and of the generally accepted doctrines regarding the rights and duties of neutrals, I am hereby pleased, after hearing the council of state, to decree the following:

Article I.

It is strictly prohibited unto Portuguese and foreign subjects to arm vessels, destined as corsairs, in the ports and waters of this kingdom, whether on the continent or in the adjacent islands,

Article II.

The entry of corsairs and their prizes, or of prizes captured by men-of-war of the belligerent powers, is likewise prohibited in the ports and waters mentioned in the preceding article.

Section solus. Are exempted from the dispositions of the present article, all cases of force majeure, wherein, according to the rights of nations, hospitality becomes indispensable: but in no case will it be allowed to effect sale of articles arising from prizes, or that the vessels escorting or having charge of prizes shall remain in port beyond the time indispensable for receiving due succor.

Article III.

In the ports and waters referred to in article I, the entry and stay of vessels of war belonging to the belligerent powers is allowed, provided they have no prizes in charge, and that they conform themselves to what is prescribed in the following paragraphs:

Sections 1. All vessels of war belonging to any of the belligerent powers are not to commit, within the ports and waters of Portugal, any act of hostility against vessels or subjects of any other power, even if such should belong to the power with which it should be at war.

Sec. 2. In the said ports and waters the aforesaid vessels are not allowed to increase the number of their crews by enlisting seamen subjects of any nation, even of their own nation.

Sec. 3. In the said ports and waters it is further prohibited unto said vessels to increase the number or calibre of their armament, and to receive on board small-arms or munitions of war.

Sec. 4. The said vessels are not to quit the ports within twenty-four hours after the sailing of any vessel belonging to another power with which their own nation may be at war, unless they may previously have obtained a dispensation of said term, after giving the requisite security that they will not avail thereof to commit any hostile act against the enemy’s vessel.

Article IV.

All articles of lawful commerce belonging to subjects of any of the belligerent powers are allowed to be shipped and to sail under the Portuguese flag; and it is likewise allowed to ship and sail articles of lawful trade belonging to Portuguese subjects under the flag of any of the belligerent nations.

Section 1. Are expressly excluded from the dispositions of the present article all such effects as may be considered contraband of war.

Sec. 2. The dispositions of the present article are not to be applied to the ports of any of the belligerent powers as may be in an effective state of blockade.

Article V.

All Portuguese subjects and all foreigners residing in Portugal and its dominions are to abstain from all acts as are classified by law as contrary to external security and to the interest of the state towards foreign nations.

Article VI.

The government shall grant protection against the acts or measures of the belligerents towards Portuguese subjects, or any others who may fail observing the dispositions of the present decree. These dispositions are not to prejudice such criminal actions as may be instituted in virtue of the existing laws.

Let the president of council and the ministers of state of all the departments thus understand these presents and put the same in execution.