Part 35

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 article[D] 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.