The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-08-16

themselves more properly with the
question expectation shouid be pre-
vented when this traf3c assumes such
A form or such dimensions that the
neutrality OF nation becomes tnvoiy-
ed thereby"
A 10 the assertion that the exporta-
ton OF arms and ammunition contrs-
yenes the preamble Of The Hague con on
ventton Of Number II. OF 1921 THIS
government presumes that references Is
made TO the last paragraph OF the
| nream BILE. which IL as follows:
Seeing that In this category OF
ideas. thrsr rules should nct IN prtn-
! cipie be altered. In the course OF the
war, by neutral power. except In a
case where experience has. shown the
| necessity for such a change for the
protection Of the Fights OF. that pow
err"
Not Bound 90 Prohibit.
Manifestly the only ground TO change
the rules laid down By the convention,
one of which. IL should he noted. ex-
plieitiy declares that a neutral IL net
bound TO prohibit the expectation OF
contraband OF var, - the necessity of
: neutral ps9ser TO do so in order TO
protect iz own right The right apd
duty to determine when this necessity
exists rests with the neutral. not with
a belligerent II Is discretionary, act
mandatory. IL neutral power does
not avail itself OF the right, belltg-
erent is not privileged to complain.
for in doing so IL would be in the
positiou of declaring to the neutral
power what is necessary to protect
that powers own rights. The Imperial
and ROYAL government cannot but per-
ceive that a complaint OF this nature
would invite Just rebuke.
With reference to the asserted in
consistency of the course adopted by
this government in relation TO tnt
expectation of arms and ammunition.
and that followed in not allowing sup
plies TO be take nfrom lis ports 10
ships of war on the nigh seas, 1t Is
only necessary to point out th.n the
prohibition of supplies to ships OF war
rests upon the principle that neutral
power must not permit its territory
to become a naval base for either bel
Iigereni. A war ship may under GER
tain restrictions, obtain fuel and sup
piles in a neutral port once In three
months 10 pemit merchant vessels
acting as tenders TO carry supplies
more often rlan three months and in
unlimited amount would defeat the
purpose of the rule and might con-
aitute the neutral territory naNai
base Furthermore this government
is una ware that any Austro- Hungarian
ship of war has sought 10 obtain sup
plies from d port in the United States
either directly or indirectly. This sub
tect has, however already been dis
cussed with the Imperial German gov
eminent. to which the position of this
government was fully set forth De-
cember "a. 1914. -
Austrian Government Misled.
In view Of the positive assertion IN
the statement of the Imperial and
ROYAL government as the anauirnity
of the text writer's as 10 the exp ,rta-
ton of contrabaud being unneutrai,
tsiis government has caused a care
full examination OF the principal
authorities on international law TO be
made AS result of this examina-
ton II has come to the conclusion that
the Imperial and Royal government
has been misIed and has inadvertent-
~ made an erroneous assertion. Less
than one-fifth OF the authorities con-
suited advocate unreservedly' Tt1e pro-
hibition of the export OF contraband.
Several of those who constitute this
minority admit that the practice of
4 natlQnE mas ptNn ptnNEWJSe. Al may
| not be inopportunte to direct particu-
lar attention 10 the .declaration OF the
/ German authority Paul Ieinicke. who
I states eaat at the beginning of the
war. belligereuts have never demon
streted against the enactment Of pro-
| hibitions on trade In coHtraband. hui
adds. but such prohibitions may be
/ considered as violations OF neutrality.
or at least as unfriendiy acts, II they
! are enacted during war with the
/ purpose to close unexpectedly the
/ sources OF supply to n party which
| heretofore had relied on them"
The government of the United
! States deems IL unnecessary to extend
! further at the present time a con-
sideration of the statement of the
! Austrian Hungarian government. The
principles OF International law, the
| practice of nations. the national safety
iof fsfe United States and other MAJ
! tons without great military and naval
/ esta blishments the prevention of In
! creased armies and navies the adop.
tion of peaceful methods for the ad.
! tustment OF International differences
! and, finally. neutrality itself are OF.
/ posed to the prohibition by neutra'
nation of the expectation of arms. am.
munition. or other munitions of wa,
10 belligerent powers during the pro.
gress OF the war.