Home Camps and American Waters. — D.L. Cobb
During the summer of 1897 there began to appear reports of great suffering among the unfortunate people of Cuba, since familiarly known as the “reconcentrados.” They were the non-combatants, men, women and children, ordered from their homes and plantations in the interior and concentrated in the seacoast towns under control of the Spanish arms. Thousands were dying, hundreds of thousands were in want; the terrible story of their misery and awful distress was re-echoed throughout the country, and everywhere the cries for relief and the appeals to humanity were heard. Congress, too, had taken the matter up and were discussing plans for Cuban relief. The time had arrived when something must be done. Finally the President opened the way by issuing the following appeal to the people on the twenty-fourth of December:
Department of State,
Washington, D.C.
By direction of the President the public is informed that, in deference to the earnest desire of the Government of the United States to contribute, by effective action, toward the relief of the suffering people in the island of Cuba, arrangements have been perfected by which charitable contributions, in money or in kind, can be sent to the island by the benevolently disposed people of the United States.
Money, provisions, clothing and like articles of prime necessity can be forwarded to General Fitzhugh Lee, the Consul-General of the United States at Havana, and all articles now dutiable by law, so consigned, will be admitted into Cuba free of duty. The Consul-General has been instructed to receive the same and to co-operate with the local authorities and the charitable boards, for the distribution of such relief among the destitute and needy people of Cuba.
The President is confident that the people of the United States, who have on many occasions in the past responded most generously to the cry for bread from peoples stricken by famine or sore calamity, and who have beheld no less generous action on the part of foreign communities when our own countrymen have suffered from fire or flood, will heed the appeal for aid that comes from the destitute at their own threshold, and especially at this season of good will and rejoicing give of their abundance to this humane end.
John Sherman, Secretary.
This appeal was sent out through the Associated Press and distributed through the mails, and met with a most generous response from the public. It soon became apparent, however, that to inaugurate a thorough system of relief, to concentrate and administer the varied contributions of the people, a central committee would be required who should be charged with the duties of organization, collection and shipment. A conference was held at Washington, between President McKinley, the Secretary of State and the American National Red Cross, the result of which appears in the following communications:
Department of State,
January 1, 1898.
Miss Clara Barton, President, American National Red Cross:
Dear Madam: After my conference with you yesterday, I saw the President again, who expressed his great pleasure that the Red Cross will so cheerfully respond to the initiative which the President has taken toward the relief of the suffering people of Cuba. No less could have been expected by him in view of the good work which the Red Cross has done in the past when called upon to fulfill its humane mission of relieving suffering, either at home or in foreign countries, and acting as the medium for the effective application of the charitable gifts of our citizens.
With the President’s approval, I have the pleasure to suggest to you the way in which it is deemed that the co-operation of the Red Cross in this humane endeavor can be most practically accomplished.
The first necessity is the organization, in New York City as the most convenient centre of operations, of a committee whose functions it will be to appeal to the kindly sentiments of the American people in behalf of the sufferers in Cuba; to receive contributions in money or in kind, and to forward the same to Havana, consigned to the Consul-General of the United States, he having been placed by the President, in sole charge of the receipt and application of the relief in the island; the committee, as a whole, to act under the supervision and direction of the Secretary of State, with whom it may correspond on all matters of business arising and requiring direction in the name of the Government of the United States.
In view of the generous and cordial offer of Mr. Louis Klopsch, of the Christian Herald, the President desires that, if agreeable to you, he shall be a member of the committee and, in concert with a third member to be designated by the Chamber of Commerce of New York, co-operating with the representative of the Red Cross to make effective the effort which is now being put forth.
The representation of the Red Cross on the proposed relief committee, is left to you. While the President would be most gratified were you in person to act as the second member, he recognizes that the duties and labors of the office might more conveniently fall upon a representative of the Red Cross in New York City, and will cheerfully accept your suggestion that Mr. Stephen E. Barton, second vice-president of the American National Red Cross, serve in that capacity.
Mr. Barton will be furnished with letters to Mr. Louis Klopsch and to Mr. Alexander E. Orr, president of the New York Chamber of Commerce, explaining the circumstances under which their co-operation toward the formation of the proposed committee is solicited. It is trusted that speedy action may be had, so that the organization of the Central Cuban Relief Committee may be announced to the people of the United States by the Secretary of State at the earliest possible day.
I am, my dear madam,
Very respectfully yours,
Alvey A. Adee,
Second Assistant Secretary.
Letters of notification were then sent by the Secretary of State to Mr. Stephen E. Barton, Mr. Louis Klopsch and Mr. Alexander E. Orr. Mr. Barton being appointed, Mr. Klopsch having accepted the invitation to serve, Mr. Charles A. Schieren was selected to represent the New York Chamber of Commerce, and thus was formed what is still known as the Central Cuban Relief Committee. The committee met early in January of this year and organized, Mr. Barton being elected as chairman, Mr. Schieren treasurer. This committee began active work by sending a telegraphic appeal to the governors of all the States and Territories, announcing the object of the committee’s existence, and asking their co-operation and active support, in order to carry out the President’s policy in the administration of relief to the starving people in Cuba. All responses received were favorable, many committees were appointed, and the supplies and funds began to come in. It was at this point that the Secretary of State issued the second public appeal by the government, on January the eighth, again urging the people, the municipal authorities and the great corporations to assist in the work.
The first shipment of supplies to Cuba by the Central Cuban Relief Committee was made on January 4, and the second on January 12, the first consisting of 160 cases of condensed milk, and the second of about forty tons of food, clothing and medicines. These supplies were consigned to Consul-General Lee at Havana, and were transported by the Ward Line of steamships free of charge.
In the meantime the committee issued its own circular appeal to all local authorities, business houses, boards of trade, religious institutions, charitable corporations, social and business clubs, organizations and societies generally in every State of the Union.
The question of transportation and its cost now became one of vital importance. If full freight charges were to be paid on all consignments to the committee to the Atlantic coast, the expense of shipment might in many cases equal the value of the supplies, and in any event would be a serious burden upon the treasury. Accordingly, negotiations were carried on with the principal railway and steamship transportation lines, and with the Joint Traffic Association of New York, one result of which was that the association shortly afterward issued its general circular of instructions, the substance of which was:
That, responsive to the request of the Central Cuban Relief Committee, appointed by the President of the United States and acting under the direction of the Department of State, it shall be permissible for the railway companies, parties to the Joint Traffic Association, to forward free of transportation charges, from points subject to its jurisdiction to or from New York, New Orleans, Mobile, Montgomery and Tampa, shipments of food, clothing and medicines, and other necessary supplies intended for the use and relief of the inhabitants of the island of Cuba who are suffering from sickness and famine.
Through this generous action on the part of the Joint Traffic Association, comprising the principal railroads east of Chicago, with branch lines extending north and south, all contributions were carried to the Atlantic and Gulf ports free. The Ward Line from New York, and the Plant System of railways and steamships had already taken similar action, then the great trunk lines of the West, the New England companies, the Southern railways, and all the coastwise steamship companies and the Munson Line united in furnishing free transportation to the ports of Cuba. Of the steamship lines whose kind assistance did so much to further the work of relief, special mention is due to Messrs. James E. Ward & Co., of New York, owners of the Ward Line, whose steamers running to Havana, Santiago, Cienfuegos and ports along the southern shore of Cuba, not only carried the larger amount of provisions, but unloaded it and delivered it on shore without charge.
No single agency did greater service than the press. By the daily and widespread dissemination of news concerning the actual conditions in Cuba, by the reports of their own representatives in the famine-stricken districts, and by the persistent reiteration of appeals the great heart of the American people was reached, and the response was prompt and abundant.
Operating over such a large territory, communication by mail would have often been too slow to be effective, and it was constantly necessary to resort to the telegraph, and the cost of such service would have ordinarily been very great. But the Postal Telegraph Company and the Western Union Telegraph and Cable Company, in order to assist the work, extended unusual privileges, the first company transmitting all messages free, and the second accepting messages at the government rates. The Central Cuban Relief Committee in their report to the President, extend their thanks to many other companies, and individuals, for whose kindly assistance they are indebted, and special mention is made of the valuable service rendered by the United States dispatch agent, Mr. I.P. Roosa, in the receipt and storage, the purchase and shipment of relief supplies.
In the latter part of March a conference was held at Washington, between the Secretary of State and the Central Cuban Relief Committee, which resulted in bringing the committee into relationship with the American National Red Cross, and the designation of the Red Cross as the distributing agent in Cuba, acting for the State Department and the committee. As told elsewhere, the work of distribution in Cuba was scarcely begun when friendly relations between the United States and Spain were suspended, and upon the advice of the Consul-General at Havana, the Red Cross retired when the President called all Americans home.
In the meantime the committee, upon the advice of the Department of State, had chartered the steamship “State of Texas” of the Mallory Line, and, loading her with a general cargo of food, clothing, medicines and hospital supplies, dispatched her, under the flag of the Red Cross, to Key West.
The purpose for which this good ship was dispatched, and the conditions under which she was sent, are best explained by the correspondence exchanged at that time by the Departments of State and Navy, the American National Red Cross, the Central Cuban Relief Committee and the naval commanders:
The Central Cuban Relief Committee,
Appointed by the President of the United States and acting under the direction of the Department of State.
New York, April 20, 1898.
Miss Clara Barton,
President, American National Red Cross, Washington, D.C.:
Dear Miss Barton: In confirmation of the verbal request by the chairman and treasurer of the Central Cuban Relief Committee, in conjunction with the Hon. Wm. R. Day, Assistant Secretary of State, that you proceed to the island of Cuba, there to carry on the work of distribution and relief to the suffering people in behalf of this committee and in co-operation with the United States Consuls, I beg to inform you that at a special meeting of this committee, held on thirteenth of April, 1898, the following action was taken:
Whereas, The Department of State having extended the authority of this committee to the supervision of the distribution of relief supplies, and the carrying out of all necessary relief measures, in co-operation with the American Consuls in Cuba; and this committee, having verbally joined with the Department of State in asking the American National Red Cross, Miss Clara Barton, president, to proceed at once to Cuba as the representative of this committee, and to perform, in behalf of the committee, all necessary work of relief; therefore be it
Resolved, That the chairman be authorized to write suitable letters to Miss Clara Barton, Consul-General Lee and the other American Consuls in Cuba, notifying them of this action.
As you are aware, this committee at request of the Department of State, has determined to send the steamship “State of Texas,” with relief supplies from New York City to Key West, Florida, there to await orders and instructions from the United States Government. By instructions from the Department of State, the committee have to send the steamship under the Red Cross flag and the provisions of the Geneva Convention, turning the vessel over to the American National Red Cross upon leaving New York.
I, therefore, beg to say to you that in all probability the vessel will be loaded and made ready to sail on Saturday the twenty-third inst., and you are expected to have such of your representatives—as you desire shall accompany and take charge of the ship from New York to Key West—in readiness to go aboard Saturday forenoon. The arrival of the vessel at Key West should be reported to this committee by telegraph immediately, when instructions will be given by the Government at Washington for proceeding further. If hostilities shall have begun between the United States and Spain, it will be your duty to call upon the United States Government for the necessary naval consort—as provided by the Geneva Convention.
This program has been proposed by the Assistant Secretary of State, who will immediately issue the necessary orders upon hearing from us.
Before your departure from Key West for Cuba, this committee will give you further information as to its desires and recommendation concerning the distribution of supplies from the different ports in Cuba.
This committee stands ready to furnish you with the funds necessary to carry on this work of relief to the extent of its ability, and it is expected that you will render to the treasurer a detailed account of your expenditures in the work entrusted to your organization.
You are requested to make requisition by letter or telegraph from time to time, as you need further funds.
We will thank you for your official acknowledgment of this communication in writing.
Very truly yours,
Stephen E. Barton, Chairman.
Navy Department,
Washington, April 25, 1898.
Sir: Miss Clara Barton, the representative of the American National Red Cross Society, is about to proceed to Key West to take charge of the distribution of the supplies now aboard the steamship “State of Texas,” and which supplies it is proposed to distribute among the starving reconcentrados of Cuba. There are enclosed herewith copies of letters from the Department of State to the Department of the Navy and from the Secretary of the Navy to the Commander-in-Chief of the North Atlantic Station which contain the terms upon which this trust is undertaken, and the Department’s instructions in relation thereto.
The Department desires that you will afford every assistance within your power to Miss Barton and her associates, while they are in Key West.
The departure of the “State of Texas” from Key West and its destination are, of course, matters coming entirely under the jurisdiction of the Commander-in-Chief of the North Atlantic Station.
Very respectfully,
John D. Long,
Secretary,
Commandant,
Naval Station, Key West, Fla.
Navy Department,
Washington, April 25, 1898.
Sir: There is forwarded enclosed a copy of a letter received this day from the Department of State, which fully states the conditions under which Miss Clara Barton, as the representative of the American National Red Cross Society, proceeds to Key West. You will afford Miss Barton every facility that shall become feasible for the distribution of the supplies now on board the steamship “State of Texas” to the starving reconcentrados, but it is, of course, necessary that none of these supplies shall come into the possession of the Spanish Army, as this would result in defeating the purposes for which the blockade has been established.
It is believed that you will fully appreciate the wishes of the Departments of State and the Navy in this matter, and all the details are necessarily left to your discretion.
Very respectfully,
John D. Long,
Secretary,
Commander-in-Chief, U.S. Naval Force,
North Atlantic Station.
Department of State,
Washington, April 25, 1898.
The Honorable the Secretary of the Navy:
Sir: The Central Cuban Relief Committee of New York, organized by direction and under the authority of the President, for the collection and transmission to Cuba of supplies for the relief of the suffering and destitute in that island, has, after consultation with this Department and with full approval of its course, chartered and dispatched from New York the steamer “State of Texas” laden with supplies and sailing under the ensign of the National Red Cross. The only passengers she carries are officers and employes of the Red Cross for the purpose of assisting in the distribution of this charitable relief.
As at present contemplated, the destination of the “State of Texas” is either Matanzas or Cardenas, or perhaps, if circumstances favor, both; but the point of landing will largely be determined by circumstances of which the Admiral commanding the blockading force on the north coast of Cuba will necessarily be the best judge.
Miss Clara Barton, president of the American National Red Cross, is about to proceed to Tampa and Key West at which latter point she will go aboard the “State of Texas” upon its arrival there.
Upon reaching Key West Miss Barton, as the person in charge of the relief expedition, will report to such naval officer as you may designate and take from him directions as to the movements of the “State of Texas” from that point on.
I have the honor to commend Miss Barton to the kind attentions of your Department in order that she may receive, before leaving Washington, such instructions as you may deem it necessary and proper to give her.
Respectfully yours,
John Sherman,
Secretary.
With these credentials, the President and staff of the American National Red Cross immediately proceeded to Key West, and, after reporting to the commandant of the naval station and to the representative of Admiral Sampson, the party boarded the “State of Texas” and awaited an opportunity to carry out the mission of the Red Cross.
During the year prior to the outbreak of hostilities between the United States and Spain, Cuban families were fleeing from the island, and this exodus continued until war began. The refugees, numbering several thousand, took up their abode at Tampa, Key West and other Atlantic and gulf ports. They had been obliged to leave their native country hastily, leaving nearly all their personal property behind them, and in a short time after their arrival in America were actually without food and with no means wherewith to purchase it.
Committees and agents of the Red Cross were established in both Tampa and Key West, and acting as the distributing agencies for the supplies forwarded by the Central Cuban Relief Committee, the refugees were cared for. In Key West the number supplied with food from the warehouse and kitchen of the Red Cross were over seventeen hundred people, and the distribution still continues. Key West has been one of the most important distributing stations, and from the beginning has been under the efficient direction of Mr. George W. Hyatt, for whose continuous and faithful service the Red Cross is much indebted.
The distributing station was kept constantly supplied by the Central Cuban Relief Committee, and when the stock began to run low in the latter part of July, the committee dispatched the schooner “Nokomis” from New York with 125 tons of assorted provisions to replenish the storehouse.
Before the “State of Texas” arrived at Key West, war had been declared between the United States and Spain, and soon after the prize ships, schooners, steamers and fishing smacks, captured off the Cuban coast began to come in, in tow, or in charge of prize crews. The navy worked rapidly and brought in their prizes so quickly that the government officials were not prepared to feed the prisoners of war. On the ninth of May the United States Marshal for the southern district of Florida made the following appeal:
Miss Clara Barton,
President, American National Red Cross:
Dear Miss Barton: On board the captured vessels we find quite a number of aliens among the crews, mostly Cubans, and some American citizens, and their detention here and inability to get away for want of funds has exhausted their supply of food, and some of them will soon be entirely out. As there is no appropriation available from which food could be purchased, would you kindly provide for them until I can get definite instructions from the Department at Washington?
Very respectfully,
John F. Horr,
U.S. Marshal.
Attached to this letter was an official list of the Spanish prizes whose crews were in need of food. The boats of the “State of Texas” were quickly loaded with a supply of assorted provisions and, being taken in tow by the steam-launch of the transport “Panther,” the work of distribution began. All the ships in need were supplied with food and medicines for ten days, and their supply renewed every ten days for some weeks until government rations were regularly issued and auxiliary assistance was no longer necessary. The supplies on the “State of Texas” being intended for the reconcentrados in Cuba, her cargo was drawn upon to the smallest possible extent. Many of the prizes had on board cargoes of bananas and plantains, and the wells of the “Viveros” were filled with live fish. After some negotiating, arrangements were made to secure these cargoes at a trifling cost, and they were distributed among the crews of the vessels that carried nothing eatable. Tasajo, or jerked meat, was also bought and given out in the same way, and from one of the prizes loaded with dried meat from the Argentine, which was afterward sold at auction in Key West, forty tons were purchased and stored in the warehouse to supply the refugees, and to replace that portion of the cargo of the “State of Texas” which had been distributed to the prisoners of war.
While waiting for an opportunity to get into Cuba, the reports which reached us showed that the distress among the reconcentrados was daily increasing, and it was determined to make an attempt to land with the “State of Texas,” or at least to show the willingness of the Red Cross to do so, if permitted. As the ship was under the direction of the Navy Department, the following letter was addressed to the admiral in command of the blockading fleet:
S.S. “State of Texas,” May 2, 1898.
Admiral William T. Sampson, U.S.N.,
Commanding fleet before Havana:
Admiral: But for the introduction kindly proffered by our mutual acquaintance, Captain Harrington, I should scarcely presume to address you. He will have made known to you the subject which I desire to bring to your gracious consideration.
Papers forwarded by direction of our government will have shown the charge entrusted to me, viz: To get food to the starving people of Cuba. I have with me a cargo of fourteen hundred tons, under the flag of the Red Cross, the one international emblem of neutrality and humanity known to civilization. Spain knows and regards it.
Fourteen months ago, the entire Spanish Government at Madrid cabled me permission to take to, and distribute food to the suffering people in Cuba. This official permission was broadly published; if read by our people, no response was made, no action taken until two months ago, when under the humane and gracious call of our honored President, I did go, and distributed food unmolested anywhere on the island, until arrangements were made by our government for all American citizens to leave Cuba. Persons must now be dying there by the hundreds if not thousands daily, for the want of the food we are shutting out. Will not the world hold us accountable? Will history write us blameless? Will it not be said of us that we completed the scheme of extermination commenced by Weyler? I fear the mutterings are already in the air.
Fortunately, I know the Spanish authorities in Cuba, Captain-General Blanco and his assistants. We parted with perfect friendliness. They do not regard me as an American merely, but as the national representative of an international treaty to which themselves are signatory and under which they act. I believe they would receive and confer with me, if such a thing were made possible.
I would like to ask Spanish permission and protection to land and distribute the food now on the “State of Texas.” Could I be permitted to ask to see them under flag of truce? If we make the effort and are refused, the blame rests with them; if we fail to make it, it rests with us. I hold it good statesmanship to at least divide the responsibility. I am told that some days must elapse before our troops can be in position to reach and feed this starving people. Our food and our force are here, ready to commence at once.
With assurances of highest regard, I am, Admiral,
Very respectfully yours,
Clara Barton.
On the same day, Admiral Sampson, in his reply, pointed out why, as commander of the blockading squadron, his instructions would not permit him to admit food into Cuba at that time.
U.S. Flagship “New York,” First Rate.
Key West, Florida, May 2, 1898.
Miss Clara Barton,
President, American National Red Cross, Key West, Fla.:
Dear Madam: I have received, through the senior naval officer present, a copy of a letter from the State Department to the Secretary of the Navy, a copy of a letter of the Secretary of the Navy to the commander-in-chief of the naval force on this station, and also a copy of a letter from the Secretary of the Navy to the commandant of the naval station at Key West.
2. From these communications it appears that the destination of the steamship “State of Texas,” loaded with supplies for the starving reconcentrados in Cuba, is left, in a measure, to my judgment.
3. At present I am acting under instructions from the Navy Department to blockade the coast of Cuba for the purpose of preventing, among other things, any food supply from reaching the Spanish forces in Cuba. Under these circumstances it seems to me unwise to let a ship-load of such supplies be sent to the reconcentrados, for, in my opinion, they would be distributed to the Spanish army. Until some point be occupied in Cuba by our forces, from which such distribution may be made to those for whom the supplies are intended, I am unwilling that they should be landed on Cuban soil.
Yours, very respectfully,
W.T. Sampson,
Rear Admiral, U.S. Navy,
Commander-in-Chief U.S. Naval Force,
North Atlantic Station.
The Red Cross had been requested to hasten south to take food into Cuba, but the admiral had been instructed to keep it out. Nothing remained to do but to inform the government at Washington, and the committee in New York, regarding the situation as developed by this correspondence, and await farther instructions, which was done by cablegram addressed to the chairman of the Central Cuban Relief Committee in New York:
Key West, Fla., May 3, 1898.
Herewith I transmit copies of letters passed between Admiral Sampson and myself. I think it important that you should immediately present this correspondence personally to the government, as it will place before them the exact situation here. The utmost cordiality exists between Admiral Sampson and myself. The admiral feels it his duty, as chief of the blockading squadron to keep food out of Cuba, and recognizes that from my standpoint my duty is to try to get food into Cuba and this correspondence is transmitted with his cordial consent. If I insist, Admiral Sampson will try to open communication under a flag of truce, but his letter expresses his opinion regarding the best method. Advices from the government would enable us to reach a decision. Unless there is objection at Washington, you are at liberty to publish this correspondence if you wish.
Clara Barton.
In a few days the following cablegram was received in reply:
Washington, May 6, 1898.
Clara Barton, Key West:
Submitted your message to President and cabinet, and it was read with moistened eyes. Considered serious and pathetic. Admiral Sampson’s views regarded as wisest at present. Hope to land you soon. President, Long and Moore send highest regards.
Barton.
(S.E.)
We too hoped to land soon, but the opportunity never came, and the “State of Texas” whose finely assorted cargo was primarily intended for the starving reconcentrados, did not get to Cuba until she went with the transports conveying the invading army, and, after doing good service in the relief of the sick and wounded at El Caney and Siboney, she entered the harbor of Santiago, the first American ship to reach the city.
While these things were transpiring, preparations were being made by the Red Cross, in accordance with the provisions of the Treaty of Geneva, to render auxiliary medical and hospital service during the war. Upon the declaration of war, a special committee was appointed, composed of Dr. J.B. Hubbell, Mr. John Hitz and Mr. Stephen E. Barton, to wait upon the President of the United States, the Secretaries of State, War and Navy, and the Surgeon General, to give oral notice of the intention of the Red Cross to be ready to furnish any supplemental aid that might be required by the armies in the field.
Following the usual custom, the American National Red Cross was about to issue a statement to the American people for funds and materials to support its ministrations to the sick and wounded, when a resolution was passed by the board of directors of the New York Red Cross Hospital, of which institution Mr. William T. Wardwell is president, proposing the formation of a Relief Committee. The purpose of this committee was to raise funds and supplies, in the name of the Red Cross, and to act as a national auxiliary in the capacity of trustees and temporary custodians of the contributions of the people in support of the work to be done by the American National Red Cross.
The tender of the proposed Relief Committee, thus voluntarily formed, was provisionally accepted by Mr. Stephen E. Barton, subject to the official acceptance by the American National Red Cross. Upon this provisional acceptance the Relief Committee proceeded to organize, and its membership was enlarged by the addition of men well known in social and financial circles of the City and State of New York.
The name adopted by the committee: “The American National Red Cross Relief Committee,” was perhaps unfortunate, in some respects, inasmuch as it created a certain confusion in the minds of the people, who were often unable to distinguish between the parent organization, the American National Red Cross, and the Relief Committee of New York. The committee having completed its organization, the tender of its services during the war was made and accepted in the following terms:
New York, May 3, 1898.
Gentlemen: We have before us the official communication in which your secretary, Mr. John P. Faure, transmits to us for action thereon, the following resolution from your executive committee:
Resolved, That the secretary be and he hereby is instructed to officially notify the American National Red Cross of the fact of the organization of this committee, requesting official acknowledgment and acceptance by the American National Red Cross, of the tender of financial co-operation and support offered by this committee.
In reply we would say that it gives us great pleasure to accept your generous offer of financial co-operation and support. In carrying out the object of your offer, you are authorized to make such a public appeal, in the name of the American National Red Cross, as you may think best.
For the purpose of unifying all effort, and concentrating all financial and material support to the American National Red Cross, we also confidently entrust to you, in consultation with our own executive committee, the work of inviting, through your committee, the co-operation of all Red Cross Relief Committees throughout the United States.
Very truly yours,
The American National Red Cross,
Clara Barton, President,
Geo. Kennan, Vice-President,
Stephen E. Barton, Second Vice-President.
The acceptance of this offer made necessary the formation of an executive committee of the American National Red Cross, with headquarters in the city of New York, whose function it would be to represent the Red Cross in its official dealings with the government at Washington, the American people and the Relief Committee, and to devise ways and means for the administration of the contributions of the people, through the appointment and direction of official representatives of the Red Cross in the camps. The executive committee was at once appointed and consisted of the following members: Stephen E. Barton, Charles A. Schieren, Hon. Joseph Sheldon, George W. Boldt and William B. Howland, and organized with Mr. Barton as chairman and Mr. Schieren as treasurer.
On the fourteenth day of May the Relief Committee addressed the following letter to the President of the United States, reciting the formal offer of the American National Red Cross to supplement the field and hospital service of the army and navy, and reiterating their tender of co-operation and financial support:
New York, May 20, 1898.
To the President:
Sir: In accordance with the request made by you to the special committee appointed by the American National Red Cross Relief Committee, during its recent visit to you, the undersigned members of said special committee beg leave to submit the following statements for your consideration:
The American National Red Cross Relief Committee of New York, organized with an unlimited number of co-operating and auxiliary bodies throughout the country, for the purpose of providing financial and material sustenance to the work of the American National Red Cross, Miss Clara Barton, president, begs leave to represent to the Government of the United States as follows, viz:
First.—That the American National Red Cross is the duly incorporated committee representing the work of the Red Cross in its civil capacity, and is recognized as such by the Government of the United States, the governments of other countries and the International Committee at Geneva.
Second.—That we are informed that the said American National Red Cross has given formal notice to the Departments of State, War and Navy and the Surgeons-General of the army and navy of its readiness to respond to any calls for civil aid to supplement the hospital work of the army and navy, in accordance with the provisions of the resolutions of the Geneva Conference of 1863 and the Geneva Convention of 1864, and their amendments.
Third.—That, in order to guarantee the fullest effectiveness of the aid thus offered by the civil Red Cross, this committee hereby gives you official notice that it stands ready, together with other co-operating committees, to furnish all necessary money and material to support the work of the said American National Red Cross, as hereinbefore outlined.
We beg to request, Mr. President, that you take the necessary action to have the several departments of the government duly notified of this financial guarantee of the assistance tendered by the American National Red Cross, to the end that the fullest reliance may be placed upon its offer, should the extent of the present war over tax the preparations of the medical departments of the army and navy.
Please favor us with a prompt acknowledgment of this letter and information as to your action thereon.
Respectfully,
Levi P. Morton,
Henry C. Potter, D.D., LL.D.,
William T. Wardwell,
George F. Shrady, M.D.,
A. Monae Lesser, M.D.
On May 24, the above communication was transmitted by the Secretary of State to the Department of War, in the following letter in which he explains the position of the American National Red Cross and its national and international status:
Department of State.
The Honorable the Secretary of War:
Sir: I have the honor to transmit to you copy of a letter addressed to the President under date of the twentieth inst., by Messrs. Levi P. Morton, Henry C. Potter, D.D., William T. Wardwell, George F. Shrady, M.D., and A. Monae Lesser, M.D., a special committee appointed by the American National Red Cross Relief Committee, in regard to the work proposed to be undertaken by that organization for the purpose of providing financial and material support to the work of the American National Red Cross, of which latter Miss Clara Barton is president.
The proposal has the President’s cordial approbation in view of the distinctive position of the American National Red Cross as the sole central organization in the United States in affiliation with the International Committee of Berne, and through it with the Central Red Cross Committees which have been formed in every country which has adhered to the Geneva Convention of 1864.
It is to be remembered that the Geneva Convention itself is largely the outgrowth of American initiative. The American Sanitary Commission, organized during the first years of the War of the Rebellion, proved the efficacy of uniform and concentrated effort to bring into play the benevolent influences of the people to aid the military authorities in caring for the sick and wounded in war, and its conspicuous success attracted attention abroad to such a degree that, in obedience to a very general desire in European countries, the Swiss Government, in 1863, invited an international conference to formulate and adopt a general plan for the amelioration of the suffering of the sick and wounded in war. As a result of that conference arrangements were perfected for the organization of central civil committees in the several countries to supplement the work done by the military service of the armies in the field, thus creating in nearly all the Continental States organizations similar to the American Sanitary Commission. The following year another conference was held at Geneva, under the auspices of the International Committee, which resulted in the signing of the Geneva Convention of 1864, to which the United States is a party. Still another conference in 1868 resulted in the additional articles extending the principles of the Geneva Convention to naval operations, which have been adopted by this government and Spain as a modus vivendi during the present war.
Besides these truly international conventions, conferences held at Geneva in 1867 and in 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 cooperate 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.
The American National Red Cross, incorporated under the laws of the United States for the District of Columbia, constitutes the sole legitimate and recognized local branch in this country of the great international association, of which the International Committee of Berne is the head. Of its conspicuous peaceful services in time of national suffering at home and abroad, it is superfluous to speak. Its relation to the military and naval hospital service in time of war is now under consideration. Under the terms of the Geneva conventions, its aid may be powerfully given to the military and naval armies, with the added prestige which belongs to it as the American branch of the International Red Cross. By the terms of the Geneva Convention of 1864, the participation of its agents in the active ambulance and hospital service of the armies and naval forces of the United States is effected through the express neutralization of its individual workers by the military and naval authorities and the issuance to them of the stipulated armlet bearing the sign of the Red Cross. Its assistance, however, is not limited to this individual employment of its agents in the field; it stands ready to co-operate in the equipment and supply of ambulances and medical stores, drawing for its resources on the benevolence of the community and systematizing effort and aid throughout the country by the various local committees it has organized.
By Article II of the protocol of the Geneva Conference of 1863, which created the International Committee of Berne and its associated national committees, each National Central Committee is to enter into relations with the government of its country so that its services may be accepted if occasion should present itself, and by Article III, on being called upon, or with the assent of the military authorities, the respective Central Committee is to send volunteer nurses to the field of battle, there to be placed under the orders of the commanding officer. These articles sufficiently show the character of the aid to be rendered in time of war by the widespread organization of which the International Committee of Berne is the head.
There is pending in Congress at the present time an act to legitimize the national status of the American National Red Cross and to protect its exclusive use of the insignia of the Red Cross for the work it was organized to perform, and its early passage is expected. Indeed, it would probably have become a law before now but for a need of a slight amendment which this Department has advised. The purpose of that act has the President’s cordial approval.
In referring to me the annexed letter from the special committee of the American National Red Cross Relief Committee the President has requested me to take such steps as may be necessary and effective to recognize the American National Red Cross as the proper and sole representative in the United States of the International Committee, and, as such, corresponding to the central committees which have been constituted in the several States which have adhered to the Geneva Convention. So far as international correspondence with the Swiss Government in relation to the deliberations of the Geneva Conference is concerned, this government has uniformly recognized the American National Red Cross as the only civil body in the United States which is regularly affiliated with the International Committee of Berne for the purpose of carrying out the arrangements elaborated by the various conferences held at Geneva, and the representatives of the American National Red Cross at those conferences have uniformly attended with the sanction of the United States Government. No additional recognition or sanction is needed in that quarter.
I have therefore the honor to inform you, by direction of the President, that this government recognizes, for any appropriate co-operative purposes, the American National Red Cross as the Civil Central American Committee in correspondence with the International Committee for the relief of the wounded in war and to invite similar recognition of its status by your department with a view to taking advantage of its proffered aid during the present war so far as may be available.
Respectfully yours,
William R. Day,
Secretary of State.
The foregoing letter from the Secretary of State defines the position of the American National Red Cross, as uniformly recognized by the Government of the United States, and by the International Committee representing all the treaty nations. The treaty contemplates that there shall be in each country one national organization of the Red Cross, with power to organize an unlimited number of subordinate branches, or auxiliaries, all directly tributary to the national body. As the personnel and equipment of the Red Cross are expressly neutralized and protected by the treaty, it was essential to the security of all, that the civil power and responsibility should be concentrated. It was for this reason that the president of the International Committee, in his letter of March 24, 1882, urged that:
It is important that we be able to certify that your government is prepared to accept your services in case of war; that it will readily enter into co-operation with you and will encourage the centralization, under your direction, of all voluntary aid.
We have no doubt that you will readily obtain, from the competent authorities, an official declaration to that effect, and we believe this matter will be merely a formality; but we attach the greatest importance to the fact, in order to cover our responsibility, especially in view of the pretensions of rival societies which might claim to be acknowledged by us. It is your society and none other that we will recognize.
It will be seen that, in the opinion of the International Committee, not recognition alone, but cordial co-operation on the part of the government is of vital importance. In each country, the National Red Cross, or national committee as it is sometimes called, is the only civil medium contemplated by the treaty, through which the people of the respective countries may lawfully communicate with the armies in the field, for the purpose of rendering such auxiliary medical and hospital service, and other relief, as may be required. It must be constantly born in mind, in order to clearly understand the operations of the Red Cross, that our government and the people are bound, not only by the solemn provisions of the treaty, but also by the resolutions of the international conferences, composed of delegates authorized by their respective governments. Thus, the Secretary of State in his letter says:
The American National Red Cross constitutes the sole legitimate and recognized local branch, in this country, of the great International Association, of which the International Committee at Berne is the head. This government has uniformly recognized the American National Red Cross as the only civil body in the United States which is regularly affiliated with the International Committee of Berne, for the purpose of carrying out the arrangements elaborated by the various conferences held at Geneva, and the representatives of the American National Red Cross at those conferences have uniformly attended with the sanction of the United States Government. No additional recognition or sanction is needed in that quarter.
The American National Red Cross is, consequently, the recognized source from which is derived all civil authority to use the official insignia and to work under the Red Cross as auxiliary to the army and navy. The national Red Cross, in each country, is responsible to its own government and, through the International Committee, to all the nations of the treaty, for the integrity of its branches. Auxiliaries of the Red Cross must therefore receive their charters or certificates of authority from the parent organization, which, in turn, is held to a strict observance of all its treaty obligations. Hence the use of the name or of the insignia of the Red Cross by civil societies, in relief work, without the sanction of the national organization, is an imposition and a violation of the treaty. Without such official permission or charter, no auxiliary can have any rightful existence, as a branch of the American National Red Cross.
After having secured for the people by treaty the right, through their own national organizations of the Red Cross, to contribute to the relief of the sick and wounded in war, the delegates to the international conventions at Geneva continued their labors until there was added to the functions of the Red Cross, the power to administer relief, in times of peace, on fields of national disaster. Out of compliment to the president of the American National Red Cross, who advocated this extension, the addition to the treaty is known as “The American Amendment.” Referring to it, the Secretary of State in his letter continues:
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 articleD 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.]
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:
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.
The full text of the French interpretation of Article X is subjoined.
The second paragraph of the additional Article X reads thus: “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 words “of a nature to be confiscated by the belligerent” apply equally to the nationality of the merchandise and to its quality.
Thus, according to the latest international conventions, merchandise of a nature to be confiscated by a cruiser are:
First. Contraband of war, under whatever flag.
Second. Enemy merchandise under enemy flag.
The cruiser need not recognize the neutrality of the vessel carrying wounded if any part of its cargo shall, under international law, be comprised in either of these two categories of goods.
The faculty given by the paragraph in question to leave on board of vessels carrying wounded a portion of the cargo is to be considered as a facility for the carriage of freight, as well as a valuable privilege in favor of the navigability of merchant vessels if they be bad sailors when only in ballast; but this faculty can in no wise prejudice the right of confiscation of the cargo within the limits fixed by international law.
Every ship the cargo of which would be subject to confiscation by the cruiser under ordinary circumstances is not susceptible of being covered by neutrality by the sole fact of carrying in addition sick or wounded men. The ship and the cargo would then come under the common law of war, which has not been modified by the convention except in favor of the vessel exclusively laden with wounded men, or the cargo of which would not be subject to confiscation in any case. Thus, for example, the merchant ship of a belligerent laden with neutral merchandise and at the same time carrying sick and wounded is covered by neutrality.
The merchant ship of a belligerent carrying, besides wounded and sick men, goods of the enemy of the cruiser’s nation or contraband of war is not neutral, and the ship, as well as the cargo, comes under the common law of war.
A neutral ship carrying, in addition to wounded and sick men of the belligerent, contraband of war also is subject to the common law of war.
A neutral ship carrying goods of any nationality, but not contraband of war, lends its own neutrality to the wounded and sick which it may carry.
In so far as concerns the usage which expressly prohibits a cartel ship from engaging in any commerce whatsoever at the point of arrival, it is deemed that there is no occasion to specially subject to that inhibition vessels carrying wounded men, because the second paragraph of Article X imposes upon the belligerents, equally as upon neutrals, the exclusion of the transportation of merchandise subject to confiscation.
Moreover, if one of the belligerents should abuse the privilege which is accorded to him, and under the pretext of transporting the wounded should neutralize under its flag an important commercial intercourse which might in a notorious manner influence the chances or the duration of the war, Article XIV of the convention could justly be invoked by the other belligerent.
As for the second point of the note of the British Government, relative to the privilege of effectively removing from a city, besieged and blockaded by sea, under the cover of neutrality, vessels bearing wounded and sick men, in such a way as to prolong the resistance of the besieged, the convention does not authorize this privilege. In according the benefits of a neutral status of a specifically limited neutrality to vessels carrying wounded, the convention could not give them rights superior to those of other neutrals who can not pass an effective blockade without special authorization. Humanity, however, in such a case, does not lose all its rights, and, if circumstances permit the besieging party to relax the rigorous rights of the blockade, the besieged party may make propositions to that end in virtue of the fourth paragraph of Article X.
It was under this modus vivendi that the steam launch “Moynier” received from the Government of the United States her commission as a little hospital ship of the Red Cross. For this little vessel, presented by Mr. William B. Howland, the editor of the Outlook, as the gift of the readers of that popular periodical, the Red Cross is gratefully indebted.
On June 6, 1898, the tender of the services of the American National Red Cross to act as an auxiliary to the Medical and Hospital Service of the Army and Navy, in accordance with the treaty, was formally accepted by the Departments of War and Navy:
War Department,
Washington, June 6, 1898.
Clara Barton,
President of the American National Red Cross, Washington, D.C.:
The tender of the services of the American National Red Cross, made to this department through the Department of State under date of May 25, 1898, for medical and hospital work as auxiliary to the hospital service of the Army of the United States, is accepted; all representatives and employes of said organization to be subject to orders according to the rules and discipline of war, as provided by the 63d Article of War.
Very respectfully,
R.A. Alger,
Secretary of War.
Navy Department,
Washington, June 6, 1898.
Clara Barton,
President of the American National Red Cross, Washington, D.C.:
The tender of the services of the American National Red Cross, made to this department through the Department of State under date of May 25, 1898, for medical and hospital work as auxiliary to the hospital service of the navy of the United States, is accepted; all representatives and employes of said organization to be subject to orders according to the rules and discipline of war.
Very respectfully,
Chas. H. Allen,
Acting Secretary.
In the meantime, war was officially proclaimed, and the President had issued his call for volunteers. As the troops responded to the call, they were assembled in camps in various sections of the country, principally in Washington, Chickamauga Park, Georgia, Jacksonville, Tampa and Port Tampa in Florida. Soon after the formation of the camps it became evident that the auxiliary service of the Red Cross would be necessary in caring for the men, and a formal tender of such service was made to the government by Mr. George Kennan, first vice-president of the American National Red Cross, to which the following reply was received:
War Department,
June 8, 1898.
Dear Sir: I have, by your reference, the letter of this date from Mr. George Kennan, of the American National Red Cross, and see no objection whatsoever to their establishing a station in every military camp for the purpose indicated in their letter. Instructions have been issued by me to-day to the surgeon general, who will communicate this information to the chief surgeons of the camps.
Very truly yours,
R.A. Alger,
Secretary of War.
Hon. John Addison Porter,
Secretary to the President.
Acting upon this acceptance, the executive committee, of which Mr. Stephen E. Barton was the chairman, appointed and sent to each camp an agent, to represent the Red Cross in the field. These representatives were instructed to report to the respective medical officers of the army in charge, to make, personally, a formal tender of assistance, and to ascertain if the Red Cross could be of service, by furnishing quickly any medical and hospital supplies of which the camps might be in need.
It is perhaps proper to state here, as a matter of history, that while these field agents were always most courteously received, in many instances the auxiliary services of the Red Cross were not at first welcomed by the medical officers of the army. Indeed it often happened that the assistance, of which the hospital service of the army was apparently in need, was not accepted until after its efficiency was seriously diminished by reason of delay.
The reluctance to permit the people, through the Red Cross, to assist in ministering to the comforts of the men, did not generally seem to arise from personal objection on the part of the medical officers at the camps, but from an apparent fear, whether well founded or not, that immediate acceptance of assistance would result in official censure and disapproval.