Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-08
CONTRABANO OF WAR
Secretary Hays Circular
Made Public Today.
NEUTRAL SHIPS RIGHTS
IMPORTANT IN VIEW OF RUS
sIA's RECENT ACTION.
How Fuel Has Been Considered by the
United Statss-Depends Upon
Their Destination.
NEUTRAL SHIPS RIGHTS

Secretary Hay today made public cir
cular regarding the rights OF neutrai
| ships and neutral commerce which Is OF
great importance in view of the recent
action of the Russian government. TINS
circular is dated June 10, 1904, and Is
addressed to the ambassadors of the
! United States in Europe. 1t is as follows:
Text of the Circular.
Gentlemen:-It appears from public
documents that coal, naphtha, alcohol
and other fuel have been declared con-
! traband of war by the Russian govern
ment
These articles enter into general con-
sumption in the arts of peace, to which
| they are vitally necessary. They are usu-
| ally treated not as absolutely contra
| band Of war" like articles that are in
| tended primarily for military purposes in
| time of war, such as ordnance, arms, am
munition, &c, but rather as condition
| ally contraband"-that Is to say, articles
| that may be used for or converted to the
purposes of war or peace according to
circumstances. They may rather be
classed with provisions and food stuffs Of
ordinarily innocent use, but which may
| become absolutely contraband of war
when actually and especially destined for
the military or naval forces of the enemy.
In the war between the United States
and Spain the Navy Department, General
Orders No. 492, issued June 20, 1898. de-
clared in article 10, as follows: THE
term contraband of war comprehends
only articles having a belligerent desti-
nation" Among articles absolutely con-
traband 1t declared ordnance, machine
guns and other articles of military or
| naval warfare. 1t declared as condition
ally contraband coal. when destined for
| naval station, a port of call, or a ship
| or ships of the enemy" 1t likewise de-
clared provisions to be conditionally CON.
| traband when destined for the enemy s
snip or ships, or for place that is be-
sieged.'
The above rules to articles abso-
lutely or cOnditiOnally contraband of war
were adopted in the naval war code pro-
mulgated by the Navy Department June
q, 1900.
Classification of Fuel.
While 1t appears from the documents
mentioned that rice, food stuffs, horses.
beasts of burden and other animals which
may be used in time of war are declared
to be contraband of war only when they
are transported for account of or in desti-
nation to the enemy, yet all kinds of fuel,
such as coal, naphtha, alcohol, are classi-
fled along with arms, ammunition and other
articles intended for warfare on land or
sea.
The test in determining whether articles
anc1pitls usus are contraband of war is
their destination for the military uses of a
bellgerent. Mr.. Dana, in his Notes to
Wheaton's International Law saws. "The
chief circumstance of inquiry would natur-
ally be the port of destination If that is a
naval arsenal or port in which vessels of
war are usually fitted out or in which a
| meet Is lying or garrison town or place
from which a military expedition is fitting
| out the presumption of military use would
| be raised more or less strongly according to
the circumstances
In the wars of 1859 and 1870 coal was
| declared by France not to be contraband
| During the latter war Great Britain held
| that the character of coal depended upon
Its destination. and refused to permit yes
! sels to sail with 1t to the French fleet in
the North sea. Where coal or other fuel is
| shipped to port of belligerent, with no
| presumption against its pacific use, to con-
| denim 1t as absolutely contraband would
seem to be an extreme measure
MI nan, international Law, says: Dur
| ing the West African conference in 1854
| Russia took occasion to dissent vigorously
| from the inclusion of coal amongst articles
contraband of war, and declared that she
would categor1cally refuse her consent to
any articles in any treaty, convention or
| instrument whatever which would imply
| Its recognition as SUCH"
Treatment Of Raw Cotton.
We are also Informed that it is intended
L.
While 1t is true that raw cotton could be
made up into clothing for the military
uses of belligerent, military use for the
| supply of an army or garrison. might DOS
| sibly be made of food stuffs of every de-
| scription which might be shipped from
| neutral ports to the non-blockaded ports
| OF belligerent. The principle under con-
| slderatlon might, therefore, be extended so
! as to apply to every article of human use
! which might be declared contraband of
| war simply because it might ultimately he
| come in any degree useful to a belIigerent
| for military purposes
Coal and other fuel and cotton are en-
| ployed for great many innocent pur-
! poses. Many nations are dependent on
| them for the conduct of inoffensiye indus
| tries, and no sufficient presumption of an
| intended warlike use seems to be afforded
by the mere fact of their destination to a
| belligerent port. The recognition in prfn-
| ciple, of the treatment of coal and other
| fuel and raw cotton as absolutely contra
| band of war might ultimately lead to a to-
| tai inhibition of the sale, by neutrals to
| the people of belligerent states of all arti-
| cles which could be finally converted to
military uses. Such an extension of the
| principle by treating coal and all other
| fuel and raw cotton as absolutely CONTRA
| band of war. simply because they are ship
| ped by neutral to a non-blockaded port
| of belligerent, would not appear to be in
| rights of neutral commerce.
| i am, gentlemen, your obedient servant
| JOHN HAY.