Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-11-07

| This circumstance further contributes
to give to the expectation of munitions
far more serious character than the ex-
portation of contraband has ever had
in the past. Since these various facts.
unforeseen before, they have become
clearly manifest in the course OF the
present war only, the Austro-Hunga-
rian government thinks it is justified to
! hold the opinion that. In accordance
with the last paragraph Of the pre-
amble of the thirteenth convention. they
should constitute a sufficient reason for
modifying the regulations that govern
the trade in contraband in the United
States. The absolute and strict i'm
Partially which the Washington cabi-
net is anxious to observe and therefore
the abstaining of any direct or fndi-
rect assistance and support of one bel
ligerent are undoubtedly the right OF a
neutral power. If experience should
teach that an embargo in any direction
necessary to that end. then the power
concerned is justified to modify its
former policy of applying neutrality.
On the other hand the present case IS
ones. 1t is "novum." which, as point
ed out above, does not come under the
already quoted Article 7. and, therefore,
has to be considered as "cas non
cordance with the preamble of the
thirteenth convention paragraph 81,
has to be dealt with under the general
principles of international law, as has
already been explained.
To Force Trade Relations.
The suggestion of the imperial and
royal government concerning the sup
ply of foodstuffs and raw materials
was likewise not based on the assump-
ton that neutral government would
be bound to compensate the advantages
attained by one belligerent over the
other by a system of nonintercourse
with the former. The note of June 20
makes it clear that this suggestion
was made solely for the purpose of
pointing out to the Washington cabinet
which had declared that, as a conse-
quence of the situation created by the
war, it had become Impossible for the
United States of America to maintain
its trade relations with the central
powers. that it is within the power of
the federal government to enforce such
a possibility of trade relations. AS a
matter of fact the trade between
America and Austria-Hungary, at least
with regard to noncontraband goods,
has not been stopped by the naval sue
cesses of Great Britain and her allies,
but by the unlawful decisions taken by
the entente powers. which, as the inn
perial and royal government has not
failed to learn. are also considered as
unlawful by the government OF the
United States of America.
1t Is not commended that were the
Washington cabinet to fall in with the
views of the imperial and royal gov
eminent the trade relations of the
United States of America with both
groups of be1ligerents would be less
unequal than they are at present. The
imperial and royal government be-
lieves that an argument could all the
less be therefore derived against
,fy-11
as justified from the point of view of
neutrality and otherwise. since the
Washington cabinet certainly will not
consider it as duty of a neutral pow
er to render its situation toward both
belligerents as unequal as possible, or,
when such state of inequality exists,
to undertake no steps whatever with
view to modify 1t.
Suggestion of an Embargo.
Whereas the federal government has
understood that, according to the inn
perial and royal government. the expor-
tation of arms and munitions Is con-
trary to the last paragraph of the pre-
amble Of the thirteenth convention, it
should be emphasized that-as already
pointed out above-the imperial and
royal goyernment ., bases sn, Its +,a stang 10
munitions of war on the second and
third paragraphs of said preamble. The
reference to the last paragraph was
made in connection with the unlawful
exclusion of Australia Hungary from
commercial intercourse with America.
and was intended to convey the sugges-
ton that the exclusion in itself would
Justify the issuance by the federal gov
eminent Of laws providing for an en-
barge.
If the impression is correct that the
government of the United States wishes
to express the opinion that the govern
ment of a belligerent power is not en-
connected with the preservation or the
application Of a right of neutral
power, this is evidently due to the fact
that the Washington cabinet has pos
sibly given a too restricted interpreta-
ton to the last paragraph referred to
when it understood it to apply only to
strictly private rights, the preservation
of which the imperial and royal gov
eminent naturally holds to be matter
that concerns the neutral power only.
AS Is shown by the report submitted by
the French delegate. NJ. Renault, to the
full sitting of The Hague conference
concerning the thirteenth convention
(Deuxieme Conf. Intern. de la Pa1x,
actes ct doc. tome l. p. $3.50, the SAID
paragraph aims at the preservation OF
the neutrality; a belligerent can there
fore not be denied the right to approach
a neutral country and to invoke the
clause referred to when the question OF
the preservation of the rights OF neu-
trail power has bearing on the rights
of that belligerent.
- Could Make Own Munitions.
The imperial and royal government
has followed with great interest the
arguments of the federal government
setting forth the reasons which. in the
opinion of the Washington cabinet,
make it impossible to restrict during
the present war the expectation of
munitions. The imperial and royal
government nevertheless still hopes
that the federal government will agree
that the reasons given. which have
purely practical character. can in no
way influence the legal aspect Of the
question. While expressing this hope
we do not venture to investigate
whether the very fact that the manu-
facture of war materials in the United
States could develop to such extraordi-
NARY d{mensfons does not rather lead