The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1915-08-19

Of war, wishes to be understood as
speaking with no thought of express
ing or implying any judgment with re-
gard to the circumstances of the pres
ent war, but as merely putting very
frankly the argument in this matter
which has been conclusive in deter
mining the policy of the United States.
while the practice of nations, so
well illustrated by the practice of Aus
tro-Hungary and Germany during the
South African war, and the manifest
evil which the suggestions of the I'm
the question, certain assertions as ap-
pearing in the Austro-Hungarian state
ments as grounds for its contentious
can not be passed over without COM
ment. These assertions are substan-
TALLY as follows:
Il. That the expectation of arms
and ammunition from the United
States to belligerents contravenes the
preamble of The Hague Convention No.
13 of 1907 2. That it is inconsistent
allow delivery of supplies to vessels
of war on the high seas. 3. That, 'ac-
cording to all authorities on interna-
tional law who concern themselves
more properly with the question, ex-
| portation should be prevnted when
this traffic assumes such a form or
such dimensions that the neutrality
of nation becomes involved there.
/ by
GAS to the assertion that the ex-
portation of arms and ammunition
contravenes the preamble of The
Hague Convention No. 13 of 1907, this
Government presumes that reference
is made to the last paragraph of the
preamble, which is as follows: See
ing 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
necessity of neutral power to do so
in order to protect it's own rights.
The right and duty to determine when
this necessity exists rests with the neu-
tral, not with belligerent. 1t is dis
cretionary, not mandatory.
"If neutral power does not avail
itself of the right, a belligerent is not
privileged to complain, for in doing so
it would be in the position of declar-
ing to the neutral power what is neces-
sary to protect that powers own
rights, The Imperial and Royal Gov
ernments can not but perceive that
a complaint of this nature would in,
vite just rebuke.
with reference to the asserted in
consistency of the course adopted by
the 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
I of supplies to ships of war rests upon
the principle that a neutral power
must not permit it's territory to be.
come naval base for either bel.
ligerent
"a warship may, under certain re-
strictions, obtain fuel and supplies in
4 a 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 neu-
trail territory naval base.
Furthermore, this Government is
unaware that any Austro- Hungarian
ship of war has sought to obtain sup
plies from port in the United States,
either directly or indirectly. This
subject has, however, already been
discussed with the Imperial German
Government, to which the position of
this Government was fully set forth
December "a, 1914.
''In view of the positive assertion
in the statement of the Imperial and
Royal Government as to the unanimity
of the opinions of text writer's as to
the expectation of contraband being
unneutral, this Government has caused
careful examination of the principle
authorities on international law to be
made. AS result of this examina-
ton 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 con.
suited advocate unreservedly the pro.
hibition of the export of contraband.
Several of those who constitute this
minority admit that the practice of
nations has been otherwise.
ut may not be inopportune to direct
particular attention to the declaration
of the German authority, Paul Einicke,
who states that, at the beginning Of
war, belligerents have never remon.
strated against the enactment of pro,
hibitions on trade in contraband, but
adds:
"'That such prohibitions may be
considered as violations of neutrality
or at least as unfriendly acts, if they
are enacted during war with the
purpose to close Unexpectedly the
sources of supply to a party which
heretofore had relied on them
"The Government of the United
States deems it necessary to extend
further at the present time a consid.
Grafton of the statement of the Austro,
Hungarian Government The princi.
pies of international law, the prac.
tice of nations, the national safety OF
the United States and other nations
without great military and naval es.
adjustments, the prevention of in.
creased armies and navies, the adop.
tion of peaceful methods for the a6
justment of international differences,
and finally, neutrality itself are op.
posed to the prohibition by a neutral
nation Of the expectation of arms,
ammunition or other munitions of war
to belligerent powers during the prog.