The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1904-08-09
SECRETARY BAY DOES
NOT AGREE WITH RUSSIA
ATTITUDE REGARD
ING CoNTRABAND OF VAR.

Declaration by Cars Government Not
in Accord With Reasonable and Law
Full Rights Of Neutral Commerce
Might Lead to Total Inhibition Of the
sale by Neutrals to People of BeIIig-
erent states of All Articles which
Might be Finally Converted to Mill
tary Uses.
washington, Aug. s.-secretary Hay
to-day issued an important circular
setting forth the attitude Of the United
states regarding contrabrand Of war.
The text was embodied in a circular
to American ambassadors to Europe,
which was issued from the state de-
partment on June 10 last, but for some
reason was withheld from the public,
although certain shippers who inquired
at the department concerning their
rights were supplied with copies.
The circular is based on declara-
tion by the Russian government that
coal, naphtha, alcohol, and other fuel
had been declared contrabrand.
The text follows:
Neutral commerce in articles con-
ditionally contrabrand Of war.
Department of State.
washington, June 10, 1904.
"To the Ambassadors Of the United
States in Europe.
Gentlemen: lit appears from public
documents that COAL naphtha, alcohol
and other fuel have been declared con-
trabrand of war by the Russian gov
ernment.
"These articles enter into general
consumption in the arts OF peace, to
which they are vitality necessary. They
are usually treated not as absolutely
lcontrabrand of war; like articles that
are intended primarily for military
purposes In time Of war, such as ord
nance, arms, ammunition, ETC., but
rather as 'conditionally contrabrand'-
that is to say, articles that can be
used for or converted to the purposes
| OF war or peace, according to circum-
stances. They may rather be classed
with provisions or foodstuffs of ordin-
ary innocent use, but which may be-
come absolutely contrabrand 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 depart
ment, General Orders, No. 1872, issued
June 10, 1893, declared, in article 19,
as follows The term contrabrand Of
war comprehends only articles having
a belIigerent destination Among arti-
cles absolutely contrabrand it declared
Ordinance, machine guns, and other ar
ticles of military or naval warfare. 1t
declared as conditionally contrabrand,
4 coal when destined for naval sta
tion, a port Of call, or ship or ships
Of the enemy 1t likewise declared pro-
visions to be conditionally contrabrand
when destined for the enemy's ship or
ships or for place that is beseiged.
THE above rule as to articles abso-
llutely or conditionally contrabrand Of
war were adopted in the naval war
code, promulgated by the navy de-
lpartment June 27, 1900.
While 1t 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 to be contrabrand of war only
when they are transported for account
Eof or in destination to the enemy, yet
all kinds Of fuel, such as coal, naphtha,
|alcohol, are classified along with arms,
Ammunition and other articles intended
for warfare on land or sea.
"The test In determining whether ar
ticles 'ancipitis usus are contrabrand
of war is their destination for the mill
litary uses of belligerent. Mr.. Dana,
lin his notes to sWheaton's Internation-
4 al Law says: The chief circum-
stance Of inquiry would naturally be
1.-THE port of destination. If this is nav
al arsenal, or port in which vessels
Iof war are usually fitted out, or in
(which a fleet is lying, or a garrison
town, or a place from which mill
ltary expedition Is fitting out, the pre-
sumption Of military use would be rails
led More or less strongly according to
Il the circumstances.
il I'm the war Of 1859 and 1870 coal was
lby France not to be contraband. During
the latter war Great Britain held that
the charter of coal depended upon its
i ldestination, and refused to permit ves-
| sells to sail with it to the French fleet
in the North sea. Where coal or other
fuel is shipped to q port Of a belligerent
with no presumption against its pacific
use, to condemn it as absolutely contra
band would seem to be an extreme
measure.
Mr.. Halls international law says
During the West African conference
in 1884, Russia took occasion to dissent
vigorously from the inclusion Of Goa
! among articles contraband OF war, and
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