The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-08-06
CONTRABAND OF WAR.
Declaration Of London FRA med I'm lOOs.0
the Law fV the Present War at Sea
England Fears Its Eject.

Engihnu fehTs JUS EHect.
The rules as TO contraband OF war ap.
plicable prirna facie In the present strug'
| gle are embodied In the Declaration
held In 190s-9. the Second Hague Confer.
! ence having failed to leglslate on the sub
ject in 1907. The conference was held
on the invitation of the British Govern
ment. Its purpose was ito arrive at an
agreement as to what are the generally
within tho meaning OF the convention
relative to the establishment of an In
ternationsl Prize Court"
Nine chief naval Powers took part In
the conference and all. or nearly all, OF
them have since ratified the "Declara-
tion,' though In many cases with hesita-
lions and misgivngs as to its effect on
their interests. In Great Britain there
was bitter opposition to II among the
military and naval specialists. and also
on the part OF commercial bodies repre-
senting oversee trade. The hostility was
only overcome In 1911 when Parliament
accepted the Declaration"
The instrument aims at the precise def-
milton of contraband articles and follows
generally the traditional English views.
making distinct classes OF absolutely con-
traband and condltionally contraband arti-
cles. Under the former head come arms,
ammunition and equipment. all articles
used exclusively for war. In the second
group are foodstuffs, clothing. fuel and
other commodities which are disable for
purposes either of peace or war
The absolutely contraband articles are
liable 10 capture III shown to be destined
TO territory belonging 20 or occupied by
tho enemy of the captor. Conditional
contraband can be taken only on a vessel
bound for the enemy's seaboard. but II
he has no seaboard its ultimate destina-
ton may be investigated and may au-
thOrlZc Its capture. Thus the doctrine OF
continuous voyage" applies always to alb
solute contraband, but to conditional con-
traband only when the enemy has no sea-
board. Articles not susceptible of use in
war may not be made contraband by any
process
Vessels seized carrying contraband OF
war may be condemned II the forbidden
goods form more than half the cargo.
Neutral prize vessels or their cargoes
may not be destroyed at sea unless for
reasons of special necessity. but must be
brought into court for adjudication. Neu-
trial vessels under convoy are to be i'm
mune from search.
\ blockade, to be binding. must be
maintained by a force adequate In fact
- prevent access to the enemy's coast
line. The doctrine OF Continuous voyage"
is not To apply 10 blockades knowledge
OF the blockade IL assumed II the neutral
vessel leaves port alter notification to her
Government. but she must receive notice
upon her arrival at the blockading lines
without prior knowledge. actual or pre-
suuptive She cannot be seized unless she
then persists IN heading for the enemy's
port
a vessel Is liable to capture during her
ent.re voyage while carrying Cnntrlbaud
hut not because OF her carrying It ON any
previous voyage. When found carrying
a.. t...ta 1t,A f,r
costs To- the cAp.or even though released
Tn" cOut-iblud may always be con
demncd. Consignment TO the enemy or
any OF hts posts or to Il contractor known
70 be supplying him IL presumptive owl
dcncr OF contraband. but such evidence
falling tho presumption OF Innocence
stands.
This is HIST Of absolutely oontraeand
articles:
Arms. even for sport: projectnes or car
tridees; powder and other explosives. gun
mountngs and parts. military clothing
military harness. camp equipment, armor
plates. vHrshps and boats and parts
thereof. implements for manufacture OF war
material.
These are conditional contraband:
Foods;urs, forage. clothing. boots and
shoes. gold and silver In coin ana bullion !.
paper money. vehicles. ships aud boats. rail-
and nying machines; fuel and lubricants
barbod wire. horseshoss. harness and sad
dlery. telescopes and nautical Instruments.
long list OF articles may not be de-
clarcd contraband. II includes
Articles used exclusively for the sick or
wounded or for the vessel whereon found.
raw cotton, wool. silk, jutc, max. hemp and
other raw material of textiles: rubber, resins
and gums: manures. including nitrates and
phosphstcs; ores. clays, marble. bricks.
states aud tiles, china and glass, paper and
paper stock; soap, paint and varnish. sun
dry chemicals, agricultural and industrial
machinery. precious and mi-prccious stones
and watches; fashion ana fancy goods
feathers. hair and bristlcs. articles Of house
hold or office furniture or decoration.
The British opposition TO tho "Dccla-
ration" was on the ground that Il eX-
posed food to capture OH neutral vessels,
that 4 contained no provision against
the conversion OF merchant vessels into
commerce destroyers. that the principle
Of the destruction of neutral prizes was
injurious 20 England. and that, In gem
eral. II gave continental Powers an ad-
vAntag' over Great Britain In view of
her insular position.
TIE SIrRMER(,ED M1,IDRITY