The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-28
CoNTRABAND OF war.

ship which is carrying supplies 10 COM
batants, though a beIigerent must re-
frain from such interference with law
ful commerce as is implied by the
seizure or detention of mails and non
combatant passengers upon vessels on
| the high seas even though hey may
be hound TO a non-blockaded enemy
pert For example. the United States
| Government was free, during the Civil
War, to pursue. capture or sink Brit
| ish bIockade-runners but when on the
| high seas. it stopped the British mail
steamer Trent and took off the Con-
! federate commissioners and their
| papers, it was obliged TO restore both
. and apologize. In the present war the
Russians captured and condemned the
British steamer Attention without pro-
test from London. the Attention being
in the contraband trade. 1t is the
sinking of neutrals that had a right
to present their cases before a prize
court which is making the trouble be-
tween Great Britain and Russia.
The attitude of the United States to-
wards contraband of war was defined
by President Roosevelt in his procla-
nation of February II, 1904. In this
declaration the President permits the
citizens of the United States without
restriction to manufacture and sell
within the United States arms and
munitions of war and other articles
ordinarily known as 'contraband of
war" He, however, declares that they |
cannot carry such articles on the high |
seas for the use of service of either |
belligerents without mourning the risk |
of hostile capture and the penalties an |
nounced by the law of nations in that |
behalf Export, therefore, of all |
doubtful articles and merchandise is
the flag is Withdrawn from such arti-
cles if seized by either Of the belliger-
emf parties to the present war.
The term contraband of war COM
prehends only articles having belliger-
ent destination, as to an enemys port
or fleet. With this explanation the
following articles are, for the present,
to be treated as contraband:
Ordnance; machine guns and their
appliances, and the parts thereof; ar
NOR plate. and whatever pertains to
the offensive and defensive armament |.
IF naval vessels; arms and instruments
IF iron, steel, brass or copper, or of
any other material, such arms and in
;truments being specially adapted for
use in war by land or sea; torpedoes
md their appurtenances; cases for
mines, of whatever material; engineer
ng and transport materials, such as
gun carriages, caissons, cartridge box
oons, ordnance stores; portable range
inders; signal flags destined for naval
Use; ammunition and explosives of all
Kinds; machinery for the manufacture
If arms and munitions of war: salt
'eter; military accouterments and
of all sorts; horses.
Coal, when destined for a naval sta
ion, a port of call, or ship or ships
# the enemy; materials for the con-
truction of railways or telegraphs,
md money, when such materials or
money are destined for the enemy's
orces; provisions, when destined for
IN enemy's ship or ships, or for place
hat is besieged. or for the army.
These are articles understood by the
avs of nations to be either doubtfuny
II absolutely contraband of war, and
such goods destined for either Russian
IT japanese ports will not be protected
~ the American flag, but may be sub
ect to seizure.
Generally speaking, therefore, muni-
ions of war and whatever is essential
o belligerents' support are contraband.
may become such when
destined for port of equipment or for
he support of an army.
In such latter event the exporter
must take all such chances of seizure,
and must protect himself, if at all. |
through war risk clauses in insurance
policies.
Goods not included in either of the
above categories of absolutely or con-
litional contraban Will be protected
oy the American flag where the goods
ire exported in merchant or other yes
sells of the United States.
Subject to this limitation as to war
fisk and the penalties involved in cap
-ure. there viii be no prohibition upon
the export of merchandise of any char
acter whatever from American ports