The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-04-05
THE N'HAWAII GAZETTE
1aR DHa 'F nPs1. so ,s,s
Jus Anoa,ia

TT HE United States and it's European allies
j have notified the government of the Neither
lands that concessions will be made in return for
the seizure Of Dutch ships at Honolulu and in
mainland American and Entente ports. Not only
will Holland be fully compensated for the use OF
the ships loss paid for, and the return of vessels
still in operation at the end of the war assured,
but the Netherlands will receive food from the
United States if Germany permits her to accept it.
But by the strict letter of the law, no conces-
sions are necessary. BY an international law Of
long standing, distinctly defined in The Hague
Conventions Of 1899 and revised with greater par
ticularization in the Conventions of 1907, needed
property can be taken over by beIligerent. The
only demand made by the law is that whatever
has been seized must be restored, loss paid for,
and compensation fixed when peace is made. But
long before 1899 the right Of such seizure was in
recognized operation. The outstanding recent in
stance of it's exercise was the recourse which Ger
many had to it during the France-Prussian war,
when England received without protest the sink
ing of six of her ships because the act was in
accordance with an historic international under
standing.
The right in question is based upon the law
OF angary" or, to use its ancient Latin name the
Jus angaria' The term "angaria" means post
station, and is from the Greek word for messen-
ger, from which it is believed that the French
"hangar" (shed) is also derived 1t is the right Of
belligerent to seize apply for the purpose of
war Tor to prevent the enemy from doing SOY ANY
kind of property on -begerent territory, including
that which may belong to subjects or citizens of a
neutral State" AS written into The Hague Con-
ventions, it implies to quote the Encyclopaedia
Britannica, "as wide range of contingencies as
the necessity of war can be madedo cover. So
completely has it been recognized as law of war
that various treaties have been made between
nations that definitely fix the indemnities to be
paid by the parties in of any forced utiliza-
ton by either State of private property belonging
to citizens or subjects of the other. This takes
the right as matter of course and provides for
the intimidation of negotiation over the details
of its execution.
Article So of the Regulations Respecting the
Laws and Customs of War on Land of The Hague
Convention Of 1899, which was signed by all the
contracting parties, Except Switzerland, which
adhered), read in part
Railway plant, land telegraphs, telephones,
steamers and other ships, apart from cases gov
erned by maritime law, we'll as depots of arms,
and, generally, all kinds of material, even
though belonging to companies or to private per-
sons, are likewise material which may serve for
military operations, but they must be restored at
the conclusion of peace and indemnities paid for
them"
In 1907 the wording was somewhat changed
and the regulation read:
"All appliances whether on land, at sea, or in
the air, adapted for the transmission of news, or
for the transport of persons or things, exclusive
of cases governed by naval law, depots of arms
and, generally, all kinds of ammunition Of war
may be seized, even if they belong to private in
dividuals, but must be restored and compensation
fixed when peace is made"
To this, too, all the nations represented at the
conference agreed.
The formal definition given of the law of angary
or, as it is equally known, the "droit d'angare"
is that it is contingent belligerent right, arising
out of the necessity of war ito dispose of, use
and destroy if need be, property belonging to neu
trail States, as we'll belligerents.
w. S. S.