New-York tribune., 1904-08-09
RUSSIAN VIEW OPPOSED.
u<Y ON NEUTRAL RIGHTS.
Fnsl and Cotton Only COnditiOHaLly
CoatrabanG Of Var.

.,...b,,pton. Aug S.---"The recognition IN
,,o ~ the treatment Of coal and other
80 and raw cotton absolutely contrabrand
-,r n1,ght ultimately lead - total inhibi-
l., ~ the sale by neutrals 10 the people Of
-,,...rent States Of all articles which could be
e.r,,. converted 70 military uses. Such ex-
,,o- N the principle by treating coal and
.hor fuel and raw cotton IS absolutely contra
I'd Of war. simply because they are shipped
neutral to 2 -blocloaded port Of q bel
,...r,,,t would not appear 70 be in accord with
,rs reasonable ard lawful rights OF a neutral
commerce.
The foregoing is q summary OF q declaration
., Secretary Hay on the rights OF neutral ma
sons 81 war Il was embodied III a circular to
American Ambassadors IL Europe. which was
tssyed from the State Department on June 10
M, withheld from the public, although certain
sbinpers who inquired at the department after
heir right received copies. The circular is
based on a declaration by the Russian govern
r,ent that coal. naphtha. alcohol and other
articles Of fuel have been declared contraband.
The text is as follows;
Neutral commerce n articles conditionaily
tontra band OF Ta-.
Department Of State,
Washington. d. c.. June 10, 1904
To the Ambassadors Of the United States III
Gentlemen: It appears from public documents
mat coal, nsphtha- alcOnol and other fuel have
heen declared contra band OF war by the Russian
soverninent. These articles enter into general
consumption IN the arts Of peace. ito which they
are vltary necessary. They are usually treated
not as absolutely contraband Of war like
articles that are intended primarily for military
purposes il3 time OF war. such as ordnance
arms, ammunition. etc, but rather as 'condl-
+ional contra band that is 20 say. articles that
nav be used for or converted TO the purposes OF
var or peace. according TO circumstances. They
NAV be rather classed with provisions and food
stuffs OF ordinarily innocent use. but which may
become absolutely conrraband Of war when act
uallv and especially destined for the military
or naval forces of the enemy.
N the war between the United States and
gnan the Navy Department General Orders No
tQ2 issued June 20. 1898, declared, in Article
10 as follows: The term contraband or war
conaprehen6s only articles having q belligerent
estimation Among articles absolutely contra
hand Il declared ordnance, machine guns aflo
other articles Of military naval warfare. II
Ssc1sred as conditional contraband coal. when
destined for q naval station, port OF call or
ship or ships Of the enemy. II likewise de-
rlared provisions TO be condiuonally contraoand
when destined for the eneTny's ship or ships or
for place that is besieged.
The above rules 10 articles absolutely or
oonditionauy contra band Of war were adopted in
rhe naval war code, promulgated by the Navy
Department. June "a, 1870
VThilA in appears from the documents mentioned
that rice, foodstuffs. horses beasts OF burden
and other animals which may be used in time
Of war are declared 10 be contra band OF war
only when they are transported for account OF
or in destination to the enemy. yet all KINDS OF
fuel such as coal, naphtha, alcohol, are cIassl-
ded along with arms ammunition and other ar
,icles intended for warfare on land or sea.
The test In determining whether aFucies
sncipitis usus are contraband OF war IS thelI
destination for the military uses Of belligerent'
Mr. Dana, in his notes 10 Wheaton's "Interna-
;ional Law" says:
The chief circumstance Of inquiry would natu; ;
Faiy he The port Of destination. II that is naFai
urseral or 4 port IN which vessels OF war ste
usually fitted out or IN which & neel y rsv % ex
SedifioD Is fitted out the presumption OF military
use would be raised, more or less strongly accord
ing TO circumstances
In the wars Of 1889 and 1870 coal vas de-
clared by France not 10 be contraoana. purths s
the latter war Great Britain held that the char-
acter OF coal depended upon Its destinatlon' ana
refused 10 permit vessels to SAIL Win II 10 tIle
French feet IN the North Sea Where coal or
other fuel is shipped 10 a port Of q belligerent'
with no presumption against its pacific use 70
condemn il as absolutely contrapahd "oulo
seem 10 he al extreme measure
Mr. Hall, international Law" says
During the West Africa conference in 1884 Rus
sia took occasion TO dissent vigorously from the
ard declared that she would categorically refuse
her consent 10 any articles in any treaty conven-
uon or instrument whatever Whlch "onIa Imply us
recognition as SUCH
We are also Informed that it IS intended TO
treat raw cotton as contraband OF war. While
It is true that raw cotton could be made up into
a military use for the supply of an army or gar
rison might possibly he made of foodstuffs Of
every description which might be shipped from
neutral ports TO the non-blockaded ports OF a
heligerent. The principle under consideration
might, therefore. be extended so as to apply 20
every article Of human use, which might be de-
cared contraband OF war simply because II
might ultimately become IN any degree useful
20 belligerent for military purposes
Coal and other fuel and cotton are employed Tor
great many innocent purposes. Many nations
are dependent on them for the conduct Of inof-
fensiVe industries, and no sufficient presumption
II an Intended warlike use seems TO be AFFORDED
by the mere fact of their destination to q belg-
erelt port. The recognition in principle Of the
Treatment Of coal and other fuel and raw cotton
as absolutely contraband OF war might ulti-
mately lead TO a total inhibition Of the sale by
neutrals 10 the people OF belligerent States Of
al articles which could be finally converted 10
military uses. Such an extension Of the prin-
olple by treating coal and all other fuel and raw
cotton as absolute contraband Of simply be-
canse they are shipped by a neutra, to non
h!ockaded port OF a belgerent would not ap-
pear 10 be in accord with the reasonable and
lawful rights Of neutral commerce.
an gentlemen. your obedient servant.
JOHN HAY.