The Washington times., 1915-08-16

thought Of expressing or implying
any Judgment with regard to the
circumstances of tho present war.
but as merely putting very frankly
the argument in this matter which
has been conclusive in determining
the policy Of the United States.
While the practice Of nations. 30
well illustrated by the practice. Of
Austria-Hungary and Germany dur
ing the South African war, and the
manifest evil which would result
from a change Of that practice rem
der compliance with the suggestions
Of the imperial and royal govern
ment out Of the question. certain as
sertions appearing In the Austro-
Hungarian statement as grounds for
its cortentlons cannot be passed over
without comment.
These assertions are substantially
as follows:
OD That the expectation Of arms
and ammunition from the United
States to belligerents contravenes
the preamble Of The Hague eonven-
(0 That It is inconsistent with the
refusal Of this Government to allow
delivery Of supplies to vessels OF
war on the high seas.
(9 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 e form or such dimensions that
the neutrality Of a nation becomes
involved thereby"
. Change in Rules.
As to the assertions that the ex-
portation Of arms and ammunition
contravenes the preamble of The
HaKue convention No. 13 OF 1907. thrs
Government presumes that reference
10 made to the last paragraph OF the
preamble, which 10 as follows: See
ing that. in this category Of ideas.
these rules should not. in principle.
be altered In the course Of the war
case where experience has shown
the necessity for such change for the
protection Of the rights Of that
Msnitestly tho only ground to
change the rules iald IS dSwr By the the
be noted, explicitly declares that a
neutral 10 not hound to prohibit the
expectation Of contraband Of war,
10 the necessity Of q neutral power
to do 90 In order to protect It's own
rights.
The right and duty to determine
when this necessity exists rests
with the neutral, not with . bell
ligerent. 1t 10 discretionary, not
mandatory.
Invite Just Rebuke.
II . neutral power docs not avail
itself Of the right. q belligcrent is
not privileged to complain. for in
doing % It would be in the position
Of declaring to the neutral power
what 10 necessary to protect that
powers own rights. Tho imperial
and royal government cannot but
perceive that complaint Of this
nature would invite just rebuke.
with reference to the asserted In
consistency OF tho course adopted
by this Government in relation to the
expectation Of arms and ammunition
and that followed Is not allowing
supplies to be taken from its ports
10 only necessary to point out that
tho prohibition OF supplies to ships
Of war rests upon the principle that
neutral power must not permit
its territory to become q naval base
for either belligeernt,
strictions. obtain fuel and supplies
In a neutral port once In three
months. To permit merchant vessels
acting as tendera to carry supplies
more often than three months. and
IN unlimited ameunt. would defeat
constitute tho neutral territory q
naval base,
View Of Authorities,
Furthermore. this Government II
unaware that any Austro-Hun.
snrian ship of war has sought to
obtain suppliea from port In
tho United States. either directly
or indirectly. This subject has
however. already been discussed
with tho imperial German gov.
ernmont. to which tho position OF
forth December "a. 1914.
| In view OF the positive asser,
tion In tho statement Of tho I'm,
| perial and royal government a,
to tho unanimity Of the opinion,
Of text writer's as to the expor,
tation of eontraband being un'
caused a careful examination OF
the principal authorities on in,
| ternational law to be made, IA q
result OF this examination II ha,
come to the conclusion that the
imperial and royal government
Has been misled and has tnadver,
tently made an erroneous Asser,
authorities consulted advocate un
reservedly the prohibition OF tn,
export OF contraband,
Cites German Authority,
Several of those who eonstitut,
this minority admit that the prac
tice of nations has been otherwise
Ii may net he insppsTtGae 70 a.
rect particular attenttsA ts tn