Part 36

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.]

[C] ARTICLE I. The persons designated in Article II of the convention shall, after the occupation by the enemy, continue to fulfill their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.

[D] ART. II. Arrangements will have to be made by the belligerent powers to insure to the neutralized person fallen into the hands of the army of the enemy, the entire enjoyment of his salary.

[E] ART. V. In addition to Article VI of the convention, it is stipulated that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph of that article, the wounded fallen into the hands of the enemy shall be sent back to their country after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war.

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.

CAMP ALGER.

Among the first of the Red Cross field agents appointed was Mr. B.H. Warner, of Washington, to whose special charge was assigned the field known as "Camp Alger." Mr. Warner makes the following report of the work done by himself and the committee of which he was chairman:

* * * * *

On June 10, 1898, I was notified by letter of George Kennan, Esq., first vice-president of American National Red Cross, that I had been appointed as its representative, at Camp Alger, Virginia, and was requested to report to Chief Surgeon Girard, regarding the establishment of a station at that camp; to ascertain if anything in the form of hospital supplies were needed, and to advise the Executive Committee.

It was suggested that, as the work to be established at Camp Alger was the first step of the Red Cross in the field in connection with the Spanish war, that prudence and tact should be used in maintaining friendly and harmonious relations with the military authorities, especially with the surgeons.

In accordance with my appointment, I visited the War Department, and obtained a special letter of introduction from Secretary Alger to Major-General Graham, commanding at Fort Alger, asking him to give me every facility possible in connection with the work to be undertaken. General Graham introduced me to Colonel Girard, with whom I had a long conference, the result of which was the establishment of headquarters of the Red Cross in the camp, and the settlement of some details as to work which was to be done in accordance with the advice and authority of the surgeon in charge.

I found Colonel Girard exceedingly busy, and apparently very sanguine as to the ability of the government to meet all demands that might be made by every department of the army. He seemed, however, willing that the Red Cross should furnish extra comforts for the men at the camp. I was impressed with the fact that he considered men who had received a regular army education thoroughly competent to meet the situation, and that all supplies could be had as soon as needed; that he did not want too many comforts for sick men, so as to unfit them for the hardships of war when they should go nearer to the scene of active operations.

On the twenty-first of June, in accordance with a call issued by me, quite a large number of citizens met at the Arlington Hotel, and I was formally elected chairman of an executive committee, Mrs. J. Ellen Foster, vice-chairman; C.J. Bell, treasurer, George C. Lewis, secretary. Power was given to add to this committee which, as finally constituted, consisted of the following named persons: E.H. Warner, Simon Wolf, William F. Mattingly, Mrs. J. Ellen Foster, Mrs. Thomas Calver, president of the Legion of Loyal Women; Mrs. James Tanner, national president of the Ladies' Union Veteran Legion; Mrs. Sarah A. Spencer, Mrs. J.A.T. Hull, wife of Representative Hull, Mrs. Ellen S. Mussey, one of the counsel to the Red Cross, and Mrs. M.M. North.

Quite a number of prominent citizens were present at the first meeting, including Rev. T.S. Hamlin, D.D., and Rev. Byron Sunderland, D.D.

Mrs. Spencer was compelled by other engagements to retire from the work of the Executive Committee early in its history, but still remains as a member of the General Committee. I want to say for the ladies, who served on the Executive Committee, that I never saw more devoted, energetic and efficient service on any committee or under any conditions with which I have been familiar, than that rendered by them. They were all constantly active, both at Camp Alger, Fort Myer, and all along the line, at all hours, day and night, whenever and wherever their presence was required. They were exceptionally competent to direct, possessed of a high order of ability and intelligence, and deserve, not only the thanks of the national organization, but also of all who are friendly to the thousands of soldiers who were benefited by their administration. The Executive Committee met every Tuesday and more frequently when required.

Mrs. J. Ellen Foster began service at the commencement of war, and was very active in and around Washington in camp, hospital, and the railway relief work. She also visited Camp Wikoff, Camp Black, Camp McPherson, Camp Thomas, Chickamauga, camp at Huntsville, Ala., and the hospitals in New York and Boston, where sick soldiers were quartered. Her experience gave her opportunities of suggesting improvement in many departments of work, and the administration of relief, not only by the Red Cross, but by other organizations as well.

Captain George C. Lewis, on the twenty-first of June, was elected secretary of the committee. He had been an officer in the Civil War, and had large experience among soldiers, both in camp and hospital. His first visit to Camp Alger was made on that date, and from that time, until the camp was discontinued, he was constantly on duty there, seeing that supplies were furnished, and all possible relief extended. His headquarters were in a large hospital tent, from which the flag of the Red Cross was flying. The principal office of the Executive Committee being in Washington, at No. 1310 G street, which was tendered free of charge by Dr. and Mrs. J. Ford Thompson, and which the committee has retained much longer than originally anticipated.

Experienced nurses seemed to be needed at Camp Alger. Patients were not receiving the necessary care and attention. The committee supplied mattresses, sheets, pillows and slips, mosquito bars, lemons, and a large quantity of medicine, pajamas, underclothing, night-shirts, handkerchiefs, groceries, delicacies, etc.

The surgeons at the hospitals were timid about asking the government for supplies. As stated, the surgeon-in-chief at Camp Alger seemed to think that the soldiers who were taken sick should be treated in such a manner as would inure them to the hardships of camp, and the life of a soldier. When spoken to on this subject he said, "These men must understand that war is not play." One of the assistant surgeons said, "It is much easier to ask the Red Cross for supplies, and they can be obtained sooner than by asking the government, as there is so much red tape and it takes so long to get everything." When the kitchens at Camp Alger were inspected the food did not appear to be of the right kind, and was not properly cooked. Point Sheridan, Va., was visited by Mrs. Mussey on July 29, and sixteen men were found sick. They seemed to be suffering for supplies, especially medicine, which had been ordered on June 27, but had not been received. The Red Cross delivered them proper medicine within twenty-four hours. It was found that each camp hospital must have its regular visitors, and different members of the committee were appointed. Articles needed were supplied from headquarters in Washington, and large shipments were also sent direct from New York to various points. On several occasions underclothing and pajamas were supplied by the hundred within twenty-four hours.

Early in August, the Washington Barracks were made a post hospital, and the Red Cross aid was gladly accepted by Major Adair, surgeon in charge. For a long time our committee supplied this point with 800 pounds of ice, 5 gallons of chicken soup, 30 gallons of milk, 20 pounds of butter daily, as well as 2 crates of eggs weekly. We also furnished 1200 suits of underwear, several hundred suits of pajamas, 500 towels, several hundred pairs of slippers, socks and medicines, antiseptic dressings, and numerous small articles. The work at this point was closed up October 8, with expressions of mutual satisfaction.

The Secretary of War gave authority for the establishment of diet kitchens in the camps near Washington, and Mrs. Mussey, who had taken a special interest in this work from the beginning, was given general charge of the establishment of the kitchens.

A diet kitchen was established at Camp Bristow, and two competent male colored cooks placed in charge. Major Weaver, the chief surgeon, and his staff of five surgeons, were both devoted and competent in their service, and the sick soldiers were loud in their praise.

We found it was unnecessary to establish one at the hospital at the Washington Barracks as arrangements there were so good, and it only seemed necessary to furnish fresh soups daily, and the committee made a contract for five gallons per day at cost for material only.

The committee authorized Mrs. E.S. Mussey and Mrs. J.A.T. Hull to establish a diet kitchen at Fort Myer. Major Davis, surgeon in charge, yielded his own wishes to the Secretary of War. As no building was furnished, the committee made a contract for one of a temporary character, which was put up at a cost, when completed with range, plumbing, etc., of about $350.00. Dr. Mary E. Green, president of the National Household Economical Association, was secured as superintendent, and in not more than ten days from the time of its commencement the building was completed, furnished and orders being filled. It has been a great assistance, not only in furnishing properly cooked food, but invaluable as an object lesson in neatness and skilled cooking.

The government has voluntarily paid all the bills for meat, chickens and milk, leaving the committee to pay for groceries, and wages of employes. Dr. Green has rendered such efficient service that she has been employed by the government to establish diet kitchens at other points.