“The government now considers it most indispensable to make absolute reserve on this point, in order to maintain our liberty of action and uncontested right to have recourse to privateering when we consider it expedient, first, by organising immediately a force of cruisers, auxiliary to the navy, which will be composed of vessels of our mercantile marine, and with equal distinction in the work of our navy.
“Clause 1: The state of war existing between Spain and the United States annuls the treaty of peace and amity of October 27, 1795, and the protocol of January 12, 1877, and all other agreements, treaties, or conventions in force between the two countries.
“Clause 2: From the publication of these presents, thirty days are granted to all ships of the United States anchored in our harbours to take their departure free of hindrance.
“Clause 3: Notwithstanding that Spain has not adhered to the declaration of Paris, the government, respecting the principles of the law of nations, proposes to observe, and hereby orders to be observed, the following regulations of maritime laws:
“One: Neutral flags cover the enemy’s merchandise, except contraband of war.
“Two: Neutral merchandise, except contraband of war, is not seizable under the enemy’s flag.
“Three: A blockade, to be obligatory, must be effective; viz., it must be maintained with sufficient force to prevent access to the enemy’s littoral.
“Four: The Spanish government, upholding its rights to grant letters of marque, will at present confine itself to organising, with the vessels of the mercantile marine, a force of auxiliary cruisers which will coöperate with the navy, according to the needs of the campaign, and will be under naval control.
“Five: In order to capture the enemy’s ships, and confiscate the enemy’s merchandise and contraband of war under whatever form, the auxiliary cruisers will exercise the right of search on the high seas, and in the waters under the enemy’s jurisdiction, in accordance with international law and the regulations which will be published.
“Six: Defines what is included in contraband of war, naming weapons, ammunition, equipments, engines, and, in general, all the appliances used in war.
“Seven: To be regarded and judged as pirates, with all the rigour of the law, are captains, masters, officers, and two-thirds of the crew of vessels, which, not being American, shall commit acts of war against Spain, even if provided with letters of marque by the United States.”
April 24. The U. S. S. Helena captured the steamer Miguel Jover. The U. S. S. Detroit captured the steamer Catalania; the Wilmington took the schooner Candidor; the Winona made a prize of the steamer Saturnia, and the Terror brought in the schooners Saco and Tres Hermanes.
April 25. Early in the day the President sent the following message to Congress:
“I transmit to the Congress, for its consideration and appropriate action, copies of correspondence recently had with the representatives of Spain and the United States, with the United States minister at Madrid, through the latter with government of Spain, showing the action taken under the joint resolution approved April 20, 1898, ‘For the recognition of the independence of the people of Cuba, demanding that the government of Spain relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to carry these resolutions into effect.’
“Upon communicating with the Spanish minister in Washington the demand, which it became the duty of the executive to address to the government of Spain in obedience with said resolution, the minister asked for his passports and withdrew. The United States minister at Madrid was in turn notified by the Spanish Minister of Foreign Affairs, that the withdrawal of the Spanish representative from the United States had terminated diplomatic relations between the two countries, and that all official communications between their respective representatives ceased therewith.
“I commend to your especial attention the note addressed to the United States minister at Madrid by the Spanish Minister for Foreign Affairs on the twenty-first instant, whereby the foregoing notification was conveyed. It will be perceived therefrom, that the government of Spain, having cognisance of the joint resolution of the United States Congress, and, in view of the things which the President is thereby required and authorised to do, responds by treating the reasonable demands of this government as measures of hostility, following with that instant and complete severance of relations by its action, which by the usage of nations accompanied an existing state of war between sovereign powers.
“The position of Spain being thus made known, and the demands of the United States being denied, with a complete rupture of intercourse by the act of Spain, I have been constrained, in exercise of the power and authority conferred upon me by the joint resolution aforesaid, to proclaim under date of April 22, 1898, a blockade of certain ports of the north coast of Cuba, lying between Cardenas and Bahia Honda, and of the port of Cienfuegos on the south coast of Cuba, and further in exercise of my constitutional powers, and using the authority conferred upon me by act of Congress, approved April 22, 1898, to issue my proclamation, dated April 23, 1898, calling for volunteers in order to carry into effect the said resolution of April 20, 1898. Copies of these proclamations are hereto appended.
“In view of the measures so taken, and other measures as may be necessary to enable me to carry out the express will of the Congress of the United States in the premises, I now recommend to your honourable body the adoption of a joint resolution declaring that a state of war exists between the United States of America and the kingdom of Spain, and I urge speedy action thereon to the end that the definition of the international status of the United States as a belligerent power may be made known, and the assertion of all its rights and the maintenance of all its duties in the conduct of a public war may be assured.
The war bill was passed without delay, and immediately after it had been signed the following notice was sent to the representatives of the foreign nations:
“A joint resolution of Congress, approved April 20th, directed intervention for the pacification and independence of the island of Cuba. The Spanish government on April 21st informed our minister at Madrid that it considered this resolution equivalent to a declaration of war, and that it had accordingly withdrawn its minister from Washington and terminated all diplomatic relations.
“Congress has therefore, by an act approved to-day, declared that a state of war exists between the two countries since and including April 21st.
“You will inform the government to which you are accredited, so that its neutrality may be assured in the existing war.”
Before the close of the day John Sherman, Secretary of State, had resigned; Assistant Secretary William R. Day was appointed the head of the department, with John B. Moore as his successor.
The United States squadron sailed from Hongkong, under orders to rendezvous at Mirs Bay, and public attention was turned towards Manila, it being believed that there the first action would take place.
During the evening the tiny steamer Mangrove, a lighthouse tender, captured the richest prize of the war thus far, when she hove to the Panama, a big transatlantic liner, and an auxiliary cruiser of the Spanish navy, which had been plying between New York and Havana.
The Mangrove, Lieut. – Commander William H. Everett commanding, was cruising along the Cuban coast about twenty miles from Havana when she sighted the big steamer, which was armed with two 12-pounders. As the latter came within range the Mangrove sent a shot across her bow; but the Spaniard gave no heed; another missile followed without result, and the third whistled in the air when the two vessels were hardly more than a hundred yards apart, Commander Everett shouting, as the report of the gun died away, that unless the steamer surrendered she would be sunk forthwith.
The only other ship of the fleet in sight was the battle-ship Indiana, three miles to the