The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-14
DE MARTENS AND THE GEAR.
Our Wow OF Neutral Rights and Contra
band Confirmed by Russian Authority.

propriety OF modifying the position taken ny
the Russian Government. at the beginning OF
the war. on the subject Of contraband.
The proclamation issued at that time In
Guided in It's prohibited list not only articles
primarily Intended for military use. and there.
fore pronounced contraband by the law oil
nations. but many other articles. which have
been universally held as innocent mercban'
disc by all the authorities. and by none more
zealously than by the Russian publicists
| Among these latter none stands so high as nj
de Martens. professor Of international, law
at the University of st. Petersburg. who EN-
joys a world wide reputation by reason oil
his able writings on the subject Of lnterna-
tional law. and whose eminent abilities were
fifty recognized by his Government In his ap.
pointment as one Of its representatives al
The Hague conference. ~
If II be true. as stated, that Prof. de Mar.
tens has delivered to the Emperor an opinion
favorable to the contentious of this country
and Great Britain. he has only expressed IN
| that opinion the views which he has long
held and eloquenty advocated in his writings
and in the discussions held by the Institute
Of International Law. Of which he IL a dis
| tingushed member.
Prof de Martens may we'll remind the Car
| that his proclamation Ia directly in conflict
with the position that Russia has always main
| tanned upon the subject OF neutral rights,
| Of which she has been the champion for more
than n hundred years. He may point out
| that II was a Russian sovereign, the illustrious
Empress Catherine. known in history as the
Semirainis OF the North. who first raised
the standard OF resistance to the aRgressions
OF the belligerent Powers against neutral
commerce during our revolutionary war
and inspired the neutral Powers Of Europe
to form the famous league known as THE
Armed Neutrality" which formulated and
enforced during that war the modern doc
trne OF neutral rights
he may call attention 70 the memorable
declaration OF the Empress delivered 70 the
courts OF Great Britain, France and Spain,
In which. after reciting the scrupulous regard
which she had Maid To the rights Of peutrals
d,rn S h.r r ,u ,,h rusLsS ahn soid'
This conduct, as well a. the .erupulous e.sc,nes,
with which she has observed the rules Of neutrality
to hon. .bs. hsp 81 SUBJECTS would nescsahIv .nioy
~ mop. wa. aeI , suo. ' Wouia pesoeaSw en.os
ns i' or ner n ano ,ho
@ n' tho n 81. what ss
, o
often,imes troubled In their navigation or inter
,ions having come upon business in general and
tina, Of Ru.,!. in Dar'sS.s are Of n.,ur. .
opheo hcr MdJesty' VIC Elpress' 70 seek 70 DENVER
herself from them by all means suitable TO her
dignity and the well being OF her subjects. But
before she sh,I nut than into exccution beiny
ana Nth snc.re desr. ~ nrey.n, Al, ,uh..o.n,
. 80. .', , 80 y. ". S ~ ~ "a ..
Acts OF Noence' sue hAs taousnt mat was con-
sstent Win her equity 70 LAY open 10 all Europe
inc pnhcipies ~mch WIN sovern ner ahd whion
sre indispensable TO prevent all Misunderstanding
as well as all which might give occasion to them.
To this she has determined herself with so much
the moro commence as tnese principles are drawn
from the primitive law Of nations and adopted by
all nations which the beLgerent Powers them.
.eIyes c.nno, .nerv.,e-.t i.a., u.,hou, ,a.I.,
oS ." , ~ ,,. %. 's'' "''nou' Noia'-
Ing the laws OF neutrality and Conforming the
adopted in divers treaties and alliances now ex
,.,,n ~ NV"
'SunR.
Article THAT all neutral vessels ought 70
naSsate freeiy from one port 10 anolher as well a.
Article 1l.-Thas the effects belonging to the sub
jects OF the beiligerent Powers shall be FREQ In
neutral ships excepting always contraband goods.
Article IiI.-That her Imperial Maiestv in CON.
..ous,ce Of m, Mm,,s sbnvc a..S ,,;, .an.-.
,t,,,, an a., ,,oh ~ .,n,. - ~, az 80, W
o , w VIC, " ". - 'pua'eu ny 'ho son'n anu
eieVen'h alueies OF her ueay OF commerce with
Great Britain d7o6) concerning the manner In
which she ought to act toward all the belnr ercnt
Powers
Article Iy-Th,t AZ IN what oo,c.,n. N MIR,
,,oo,,ad ,n r,o a~r,, NJ, u 80 - .as,,s. -
oio.Aeu w. We ousHs nv 70 'iu'. W eomsuoi as
such any ou' tnoso wnieh osound so well shut up
by n1ed and suticient number of vessels belonging