The San Francisco call., 1904-09-04
SPECIFIES WHAT
is CONTRABAND
Secretary of State Replies
to the Petition of San
Francisco Commercial Men

A meeting of the representatives of
the commercial bodies of this city was
held August II in the rooms of the
Chamber of Commerce to consider the
matter of the seizure of shipments from
this port by Russian war vessels. A
communication was forwarded to Sec
retary of State Hay through United
States Senator Perkins in which they
called the attention of the department
to the refusal of certain American
steamship companies to receive for
shipment to Japanese, Korean, Manchu
rian and Siberian ports freight de-
clared by Russia to be contra band of
war. AS a result other vessels flying
the British flag, relying on the protec-
tion of the Government of Great Bri-
tain, were receiving such goods for
shipment and thus trade was being di-
verted from American to foreign bot
toms at a loss to the American steam
ship companies.
After citing the work of the Russian
raiding fleet in the waters of the Orient
the petitioners in a set of resolutions
called upon the United States Govern
ment to take such action as viii prop
erly protect and conserve the peaceful
commerce with all Oriental ports and
that the State Department be requested
to issue a broad statement as to what
shall constitute contraband of war and
give assurance of immunity to the
shippers engaged in peaceful COM
merce.
Under date of August 2S Acting Sec
retary of State Adee replied, inclosing
a copy of the departments circular of
June 10, 1904, showing its general atti-
tude as to conditional contrab band and
stating that special cases as of the
Arabia and the Calches were being
pressed in detail. He also stated that
the Russian Government conceded the
right of appeal to st. Petersburg and
ii was imperative that
American owners whose property had
been confiscated by the prize court at
Vladivostok should take an appeal to
the higher court at st. Petersburg as
the foundation of a claim for indem-
nifty for seizure and confiscation.
In the departments circular of June
10, issued to the ambassadors of the
United States in Europe, Secretary
naphtha, alcohol and other fuel have
been declared contraband of war by
the Russian Government. These ar
ticles. continued the circular, enter into
general consumption in the arts of
peace, to which they are vitality neces-
sary.
The test in determining whether ar
destination for the military uses of
belligerent. Quoting from Dana in his
notes to Wheaton's International Law,
the department says:
"The chief circumstances of inquiry
would naturally be the port of destina-
ton. If that is a naval arsenal. or a
port in which vessels of war are usual
ly fitted out, or in which fleet is ly-
ing, or a garrison town, or place from
which q military exDedifion iS 6tfin0
out, the presumption Of military use
would be raised more or less strongly
according to the circumstances"
The department concludes that an
extension of the principle of contra
band by treating coal and all other
fuel and raw cotton as absolutely con-
traband of war, simply because they
are shipped by a neutral to a non
bIockaded port of a belligerent, would
not appear to be in accord with the
and lawful rights Of neu-
trail commerce.