Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-08-16

ammunition from the United States TO
beiligercnts contraveneS the preamble
of The Hague convention No. IL or
1907: 60 that it is inconsistent with
the refusal of this government to al
low delivery of supplies to vessels of
war on the high seas: 90 that, accord
ing to all haorities on international
law. who concern themselves more
properly with the question" eNporta-
ton should be prevented when this
traffic assumes such a form or such
dimensions that the neutrality OF
nation becomes involved thereby"
Quotes Hague Preamble Is.
AS to the assertion that the exporta-
ton of arms and ammunition contra
venes the preamble of The Hague con-
vention No. Il of 1907. this govern
ment presumes that reference is made
to the last paragraph of the preamble.
which is as follows: Seeing that. in
this category of ideas, these rules
should not. in principle, be altered.
in the course of the war, by a neutral
power, except in. case where expert
ence has shown the necessity for such
change for the protection of the rights
of that power"
Manifestly the only ground to change
the rules laid down by the convention.
plicitly declares that "a neutral is not
bound to prohibit the expectation Of
contrahand of war. is the necessity of
a neutral power to do so in order to
protect its own rights. The right and
duty to determine when this necessity
exists rests with the neutral, not with
belligerent. 1t is discretionary. not
mandatory. II a neutral power does
not avail itself of the right. a beiliger-
emf is not privileged to complain, for
N Ia IN. hA liz,
of declaring to the neutral power what
is necessary to protect that power
own rights. The imperial and royal
government cannot but perceive that Il
complaint of this nature would invite
just rebuke
Warship Supplies.
consistency of the course adopted by
this government in relation to the ex-
portation of arms and ammunition and
that followed in not allowing supplies
to be taken from its ports to ships of
war on the high seas, it is only neces-
sary to point out that the prohibition
of supplies to ships of war rests upon
the principle that a neutral power must
not permit its territory to become a
naval base for either belligerent. A
warship may, under certain restric-
neutral port once in three months. To
permit merchant vessels acting as
tenders to carry supplies more often
than three months and in unlimited
amount would defeat the purpose of the
rule and might constitute the neutral
territory a naval base. Furthermore,
this government is unaware that any
Austro- Hungarian ship of war ha.'
sought to obtain supplies from a port
in the United States, either directly or
inI Crh has however
already been discussed with the inn
perial German government, to which
the position of this government was
fully set forth December "a. 1914.
international Law Quoted.
In view of the positive assertion in
the statement of the imperial and royal
government as to the unanimity of the
opinions OF text writers as to the eX-
portation of contraband being unneu-
trail, this government has caused a
careful examination of the principal
authorities on international law to be
made AS a result of this examination
it has come to the conclusion that the
imperial and royal government has been
misled and has inadvertently made an
erroneous assertion. Less than one
fifth of the authorities consulted ad-
vocate unreservedly the prohibition Of
the export of contraband Several Of
those who constitute this mminority
admit that the practice of nations has
been otherwise. 1t may not be inoppor-
tune to direct particular attention to
the declaration of the German author
ity, Paul Einicke. who states that at
the beginning of war bel1igerents
have never demonstrated against the en-
actment of prohibition on trade in con-
raband, but adds that such prohibit
lions may be considered as violations
6of neutrality, or at least as unfriendly
acts, if they are enacted during war
with the purpose to close Unexpectedly
the sources of supply to party which
heretofore had relied on them"
The government of the United States
deems it unnecessary to extend fur
Their at the present time a considera-
ton of the statement of the Austro-
Hungarian government. The principles
of international law, the practice of
nations, the national safety of the
nited States and other nations with
out great military and naval establish
ments, the prevention of increased ar
mics and navies. the adoption of peace
full methods for the adjustment of in
ternational differences and. finally.
neutrality itself are opposed to the
prohibition by a neutral nation of the
expectation of arms. ammunition OF
other munitions of war to belligerent
powers during the progress of the
war.
sDix.