The Birmingham age-herald., 1915-08-16


 and city and a dinner in the evening at which MT Cardoso will be the honor guest given by Governor Hall. Arrange ments have been made for MT. Cardoso and family to leave tomorrow night for Washington should there be no more delay to the Sacramento.
 African war, and the manifest evil which would result from a change of that prac- tice render compliance with the sugges- tions of the imperial and royal govern nent out of the question, certain asser- tons appearing in the Austro-Hungarian statement as grounds for it's contentious cannot be passed over without comment These assertions are substantially as fol- lows.
 1. That the exportaton of arms and am- intuition from the United States to bel ligerents contravenes the preamble of The Hague convention No. 13 of 1907; 2, that it is inconsistent with the refusal of this government to allow delivery of supplies to vessels of war on the high seas; 8, that according to all authorities on in- ternational law who concern themselves more properly with the question:" expor- tation should be prevented when this traffic assumes such form or such dimensions that the neutrality of a na- tion becomes involved thereby"
 As to the assertion that the exporta- tion 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 para graph of the preamble which is as fol- Jews:
 Rulings at The Hague
 Seeing 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 for such change for the protection of the rights of that power.'
 Manifestly the only ground to change the rules laid down by the convention, one of which, 1t should be noted, ex- plicitly declares that a neutral is not bound to prohibit the exportation of con- traband of war if the necessity of neutral power to do so in order to protect Its own rights The right and duty to determine when this necessity exists rests with the neutral, not with a beligerent It is discretionary, not mandatory. If a neutral power does not avail itself of the right, belligerent is not privileged to complain, for in doing so It would be in the position of declaring to the neu- tral power what is necessary to protect that powers own rights. The imperial and royal government cannot but per- ceive that complaint of this nature Wouiu iilNlte Just feDuko.
 Assertions Inconsistent With reference to the asserted incon- sistency Of the course adopted by this government in relation to the exportation Of arms and ammunition and that fol- lowed in not allowing supplies to be taken rom It's ports to ships of war in the nigh seas, 1t is only necessary to point out that the prohibition of supplies to ships of war rests upon the principle that neutral power must not permit it's ter ritory to become naval base for either belligerent. A warship may under cer- tain restrictions obtain fuel and SUD- pies In a neutral port once in three months. To permit merchant vessls 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 neutral |, territory a naval base Furthermore, this government is unaware that any Austro-Hungarian ship of war has sought to obtain supplies from a port in ths United States, either directly or indirect l ly. This subject has, however, already been discussed with the imperial German government, to which the position of this government was fully set forth Decem- | Der "A, 1914.
 imperial and royal government as to the | unanimity of the opinions of text writers as to the exportation of contraband be- | ing unneutral, this government has caused careful examination of the principal | authorities on international law to be made. As a result it has come to the conclusion that the imperial and royal government has been misled and has in- advertently made an erroneous assertion Less than one-f1fth of the authorities consulted advocate undeservedly the pro | hibtion of the export of ontraband. Sev. 1 eral of those who constitute this minor | ity admit that the practice of nations has been otherwise. It may not be in- l opportune to direct particular attention | to the declaration of the German au- l thority, Paul Einicke, who states that, al | the beginning of a war. belligerents have never remonstrated against the enact
 ment of prohibitions on trade in contra band, but adds that such prohibitions may be considered as violations of neu. trality. or at least as unfriendly acts, fl they are enacted during a war with ths purpose to close unexpectedly the sources of supply to party which heretofore hat relied on them"
 l The government of the United State deems it unnecessary to extend furthe at the present time consideration O the statement of the Austrian Hungarian 1 government The principles of interna tional law. the practice of nations, thu national safety of the United States ant other nations without great military ans { naval establishments. the adoption O peaceful methods for the adjustment O futo tiono1 dfNorovoo~ nd A1o 1lS,