New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-16

the desire and purpose of all nations
which exait Justice and Righteousness
in their relations with one another.
"The Government If the United
States in the foregoing discussion oil
the practical reason why it has 'vo-
Gated and practised trade IN mum,
tons of war, wishes TO be understood
as speaking with no thought OF ex
pressing or implying any judgment
with regard to the circumstances oil
the present war. but as merely putting
very frankly the argument IN this mat
ter which has been conclusive IN de,
termining the policy of the Un'ted
States.
while the practice Of nations. SO
we'll illustrated by the practice IF Aus
tria-H Hungary and Germany during the
South African War. and the manifest
evil which would result from change
CT that practice. renders compliance
with the suggestion Of the Imperial
and Royal Government out of the cues
ton, certain assertions appearing III
the Austro- Hungarian statement rs
grounds for its contentious cannot be
passed over without comment. These
assertions are Substantially as follows
"1 That the expectation OF arms
and ammunition from the United
States to belligerents cOntravenes the
preamble Of the Hague convention No
- of 1907.
"(2) That il is inconsistent with tbs
refusal of this government to allow
delivery Of supplies to vessels Of wal
On the high seas.
"(3) That, according TO all authori-
ties on international law who concern
themselves more properly with the
question: expectation should be pre-
vented when this traffic assumes such
form or such dimensions that the
neutrality of nation becomes In
volved thereby
Hague Rule Not Violated.
"As to the assertion that the ex'
portation of arms and ammunition
contravenes the preamble of The
Hague Convention No. Is of 1907, this
government presumes that reference
is made to the las. paragraph Of the
preamble, which is as follows: See
irg 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 a case
where experience has shown the ne
cessity for such change for the pro-
lection Of the rights of that power
"Manifestly the only ground &c
change the rules laid down by the con
vention, one of which it should be
noted explicitly declares that neutra
I is not bound to prohibit the eXporta
ton of contraband of war, is the neces
sity of a neutral power 10 do so II
order to protect its own rights. Inc
/ right and duty to determine wheE thl'
necessity exits rests with the neutra
not with a belligerent. II is dlscre
/ tionary, not mandatory. II neutfa
power does not avail itself of the righj
a belligerent is not privileged % com
plain, for in doing so il would be II
the position of declaring TO the hei
trail power what is necessary 10 -rp
tect that powers own rights. The I'M
perial and Royal Government canno'
but perceive that a complaint OF thi'
nature would invite just rebuke.
neon tcncy Denied.
with reference TO the asserted IN
consistency of the course adopted pA
IN government in relation TO the eA
.. .tation Of arms snd ammunition, an'
that follow in not allowing suppHe,
TO be taken from its ports 10 shlps o.
war on the high seas, II is only heces
sary 70 point out that the prohlollIon
of supplies to ships OF war rests upoi
the principle that neutral territory !
not & naval base for either oeiIlgeIe"'