The Prdro
Decision Date | 11 December 1899 |
Docket Number | No. 115,115 |
Citation | 175 U.S. 354,44 L.Ed. 195,20 S.Ct. 138 |
Parties | THE PRDRO |
Court | U.S. Supreme Court |
[ This is an appeal from a decree of the district court of the United States for the southern district of Florida condemning the steamer Pedro as lawful prize of war on a libel filed April 23, 1898.
April 20, 1898, the President approved the following joint resolution:
On the same day, the minister of Spain to the United States requested and obtained his passports; the text of the resolution was cabled to the minister of the United States at Madrid; and the Secretary of States by separate despatch directed him to communicate the resolution to the government of Spain with the formal demand of the United States therein made, and the notification that in the absence of a response by April 23 the President would proceed without further notice to use the power and authority enjoined and conferred upon him.
April 21 the minister of the United States at Madrid acknowledged the receipt of the Secretary's despatch that morning, but saying that before he had communicated it he had been notified by the minister of foreign affairs of Spain that diplomatic relations were broken off between the two countries, and that he had accordingly asked for his passports. The letter from the minister of foreign affairs of Spain referred to was as follows:
The Secretary of the Navy at once gave instructions to the commander in chief of the North Atlantic squadron to
April 22 Admiral Sampson, in command, instituted the blockade, and on that day the President issued the following proclamation:
'Whereas, by a joint resolution passed by the Congress and approved April 20, 1898, and communicated to the government of Spain, it was demanded that said government at once relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters; and the President of the United States was directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several states to such extent as might be necessary to carry said resolution into effect; and
'Whereas, in carrying into effect said resolution, the President of the United States deems it necessary to set on foot and maintain a blockade of the north coast of Cuba, including all ports on said coast between Cardenas and Bahia Honda and the port of Cienfuegos on the south coast of Cuba:
'Neutral vessels lying in any of said ports at the time of the establishment of such blockade will be allowed thirty days to issue therefrom.' 30 Stat. at L. 1769.
April 23 the Queen Regent of Spain issued a decree, in which, among other things, it was stated:
April 25, in response to a message from the President, Congress passed the following act, which was thereupon duly and at once approved:
'First. That war be, and the same is hereby, declared to exist, and that war has existed since the twenty-first day of April, Anno Domini eighteen hundred and ninety-eight, including said day, between the United States of America and the Kingdom of Spain.
'Second. That the President of the United States be, and
he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several states, to such extent as may be necessary to carry this act into effect.' 30 Stat. at L. 364.
April 26 the President issued a further proclamation, as follows:
'Whereas, By an act of Congress, approved April 25, 1898, it is declared that war exists, and that war has existed since the 21st day of April, A. D. 1898, including said day, between the United States of America and the Kingdom of Spain; and
'Whereas, It being desirable that such war should be conducted upon principles in harmony with the present views of nations and sanctioned by their recent practice, it has already been announced that the policy of this government will be, not to resort to privateering, but to adhere to the rules of the Declaration of Paris:
'Now, therefore, I, William McKinley, President of the United States of America, by virtue of the power vested in me by the Constitution and the laws, do hereby declare and proclaim:
'1. The neutral flag covers enemy's goods, with the exception of contraband of war.
'2. Neutral goods, not contraband of war, are not liable to confiscation under the enemy's flag.
'3. Blockades in order to be binding must be effective.
'4. Spanish merchant vessels, in any ports or places within the United States, shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea, by any United States ship, shall be permitted to continue their voyage, if, on examination of their papers, it shall appear that their cargoes were taken on board before the expiration of the above term; Provided, that nothing herein contained shall apply to Spanish vessels having on board any officer in the military or naval service of the enemy, or any coal (except such as may be necessary for the voyage), or any other article prohibited or contraband of war, or any despatch of or to the Spanish government.
'5. Any Spanish merchant vessel, which, prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States, shall be permitted to enter such port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States ship, shall be permitted to continue her voyage to any port not blockaded.
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Boumediene, Munaf, and the Supreme Court?s Misreading of the Insular Cases
...U.S. 361 (1900); The Paquete Habana, 175 U.S. 677 (1900); The Steamship Buena Ventura v. United States, 175 U.S. 384 (1899); The Pedro, 175 U.S. 354 (1899); The Olinde Rodrigues, 174 U.S. 510 (1899). 144 IOWA LAW REVIEW [Vol. 97:101 rights under the U.S. Constitution might protect either Sp......