The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1915-01-07
WHAT IS. MEANT
UNITED STATES
William Bayard Hale Tells
of Points involved In
Seizure of Our
Shipping.
W 7 LILLIAN BAYARD HALE,
M President Wilson's biogra.
w pher and confidential agent

points in international law which. he
says, ut may be taken for granted" are
included in the presidents note to Great
Britain protesting against England's
attitude of searching neutral shipping
for contraband. He says:
10 understand the significance OF
the action taken by the United States
government in dispatching to the Brit
ish government on Dec. % it's note pro.
testing against the British attitude to-
ward American commerce, little
knowledge of the international laws Of
naval warfare is Indispensable.
1t is the common understanding
among the powers of the world that in
the event Of war either of the parties
to the war is at liberty to detect at
sea if it can and confscate articles on
the way to it's enemy and destined to
be used against it in the conflict. From
early times. for instance, nation at
war with another nation was at liberty
to apprehend saltpeter on it's way to
Its enemy, saltpeter being clearly in
tended for the manufacture of powder
Articles Of this kind, clearly intended
for Warlike uses Of an enemy, are
known as "absolute contraband."
This right Of a belligerent to detect
at sea and confscate contraband is not
to be interpreted as laying any obllga-
ton upon a neutral country to prevent
the export Of contraband. That is an.
other subject, but in general it may be
said that the citizens of neutral
country are at liberty to sell contra
band Of war to both belligerents-sub.
1ect always to the danger Of its being
seized in transit by the enemy of the
belligerent to which it is consigned.
Conditional Contraband.
There is second class of articles of
commerce-articles which might or
might not be destined for military
use. TO this class belong, for instance
such things as clothing, coal and pro-
Visions 1t is clear that fuel. clothing
and foodstuffs may be intended for
actual use in warfare or may be in
tended for the peaceful consumption of
the population of one Of the belliger-
'ents in the ordinary ways Of life. This
class of articles is defined as the class
of conditional contraband," and the
rule of international law regarding it
is this: Conditional contraband is sub
ject to seizure by an enemy if it Is
detected at sea on its way to the army.
navy or official administration Of the
enemy government. 1t is not subject
to seizure if consigned to a neutral:
country or to private citizens Of "A coun
try at war.
The issue between the government
of the United States and that of Great
Britain lies here. Let us get the facts.
then. clearly in mind 1t is firmly
established principle of modern inter
national law that articles of condition
al contraband, carried in neutral ships.
not intended for the use of the army,
navy or government of belligerent,
are not subject to capture or detention
at sea. If intended for military use
they are so subject, they are contra.
band, but if destined for the ordinary
use Of life in the enemy's country and
not distinctly for the enemy's forces
they are not contraband.
The Declaration cf London, ::
On Feb. &C. 1909; an: ifternador,a,
congress in session in London promul
gated what has become known as. the
declaration Of London relative to. the
law Of naval warfare.
The declaration Of London has never
received ratification at the hands of
the powers, yet it represents the con
sensus Of expert opinion established
by accredited representatives of the
worlds powers and stands as the full
est and latest statement of the prin-
ciples of International law on the sub.
ject
At the opening of the present Euro
pean war the British government Aug
20. 1914 issued an order in council de
claring 1t to be the intention Of the
government to act during the present
hostilities in accordance with the pro
visions of the declaration Of London
subject to some additions and modi6-
cations.
The additions and notifications which
the British government has placed
upon the declaration of London are Of
such character that they obliterate
the declaration.
Exceptionally vital is the modifica
ton which the British order in coun-
Gil makes in the sense of articles
xxxiii and xxxv Of the declaration of
London.
The former article declares that there
can be no question Of conditional con
traband except in cases where the car
L 60 Is destined for the use of the ad-
sministrative department or the military
or naval force of the enemy Under
the latter article there can be no ques.
ton Of conditional contraband on YES.
sells sailing for neutral port.
The British government now an
nounces that it will regard articles OF
conditional contraband consigned tt
merchants or other persons under the
control Of the authorities of the en-