Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-02-18

HNP
other words, the war which has been in progress six months
is expected to end in about another six months. Kitchener
not long ago predicted a war of three years duration.
When the struggle began a host of people thought it
would be ended by this time, and probably that number in
cluded Emperor William of Germany, who hoped to over
throw France in a single great dash on Paris. The close of
the first six months finds the advantage resting with Ger
many, if we are to take into account occupation of the enemy's
territory since little of the fighting of moment is done on
German territory. If on the other hand we look to the block
ing of Germany's dash upon Paris as pointing to the ultimate
defeat of the Kaisers ambition, then the allies have gained
an important point.
AS a matter of fact the last three months of the war
have witnessed comparatively little change in the whole stu
alton. Battle lines have swayed back and forth, giving now
one side and now the otLer the advantage temporarily, but
no decisive gain has been scored by either the German
Austrian forces or by the allies. 1t is virtually a deadlock.
From a purely military standpoint the struggle might go
on as at present for years with each side bringing up re-
serves to support existing battle lines, but with no pro-
nounced or decisive victory for either side.
If this were to be the case, then the struggles might
turn wholly on the problem whether Germany or Great Brit
ain could starve the other. Herein we see the tremendous
Importance to both the leading beligerents of the question
whether the United States shall be allowed to ship food into
both countries. 1t may be a matter of national life or death
to one or both of those nations now. 1t is a matter Of COM
mercial life to this nation whether any other power on earth
shall be in a position to say to us we may OF we may not
send neutral ships into foreign ports laden with food.
Great Britain has brought this problem into new con-
spicuousness by declaring all food supplies for Germany con-
traband of war. This act necessitates a consideration Of the
limitations that may be put on commerce by a belligerent
power.
The ~contraband edict is as old as the Roman law itself.
A law of Valentinian forbids the expectation of wine, oil and
fsh-sauce to barbarian lands and another of Marcian pro-
hibits the selling of arms or iron to b~arbarians, the latter on
pain of confiscation of goods and death. 1t was held that if
famine prevailed in one of the countries at war, a friendly
power should send provisions thither; but if the neutral. in
stead of wheat, should send powder or balls, cannon or rifles,
this would be a direct encouragement of war and so a de-
parture from a neutral position.
Under international law and the uSappS of mo-
visions are not in themselves contraband, but according to a
number of text writer's, as Grotius, Vattel and various Eng
fish writer's, may become so, where there is a prospect of re-
ducing the enemy by famine.
For example, Queen Elizabeth's government forbade the
Poles and Danes to convey provisions to Spain, on the ground
that by the rights of war an enemy might be reduced by
famine. In 1893 the French government declared that car
goes of neutral ships, consisting of grain and destined for a
hostile port might be seized for the use of France.
These measures were earnestly resisted by the United
States and Denmark, then the leading neutral countries, but
in the treaty of 1894 England and the United States gave
recognition to the fact that provisions and other articles not
generally contraband, might become such according to the
existing law of nations. 1t was provided, however, that arti-
chs seized under these circumstances should be paid for.
A moments thought will show that contraband of war
must change with the advances made in methods of warfare.
Armored motors and aeroplanes would naturally be new ad-
ditons to the list of contraband, never contemplated by the
fathers, and the reader can readily add materially to the sum-
mary. Since coal has been included in the list of possible
prohibited articles of commerce, it is evident that gasolene
for use in armored motors might also be made contraband.
It follows from all this that former rules of warfare do
not necessarily cover situations arising in modern war; and,
as we have already indicated, the present European war seems
to have taken on the character of a new lawmaker for itself.
So many established rules have been broken, that it is diff
fcult to say where an appeal can be made to international
law by warning nations. The rights of neutrals have not
been changed materially by military and naval innovations,
however.
With reference to the Wihelmina, the American steam
ship bound for Hamburg with food supplies for German non
c%ombatants and forced to put into Falmouth to be passed up
on by a British prize court, we ourselves have established a
precedent. In 1895 Benjamin Franklin in behalf of the
United States negotiated a treaty with Prussia in which it
was agreed that vessels having on board military stores
may be detained for such length of time as the captors think
necessary to prevent the inconvenience or damage that might
ensue from their proceeding, paying, however, a reasonable
compensation for the loss shall arrest shall occasion the
propretors; but in case the master of the vessel will deliver
out the goods supposed to be contraband, the vessel shall be
allowed to proceed on her voyage"
The British government has announced that the Will
helmina's ~foodstuffs will be taken over by the government,
and her cargo will be purchased by Great Britain so that no
loss will fall upon the American shippers.