The committee then accepts items Nos. 4 and 5 of the list1 reading thus: Gun mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts.

Clothing and equipment of a distinctively military character.

With regard to item No. 6, which reads, "Harness of all kinds," Rear Admiral Sperry proposes to limit its scope by adding the words "military harness," the French formula seeming to him to be too vague.

Mr. Louis Renault accepts this amendment.

Item No. 6 is accepted in the following form suggested by Major General Amourel:

6. All kinds of harness of a distinctively military character.

The President reads item No. 7:

Saddle, draft, and pack animals.

Rear Admiral Sperry considers the wording too broad and would like to make it more restrictive, thus: ". . . animals suitable for military use."

Major General Amourel replies that, if saddle, draft, and pack animals are found on a vessel near the theater of war, it would seem to be certain that they are in most instances intended to be used for military purposes and consequently constitute contraband. But in order to meet Rear Admiral SPERRY'S objection, he could accept the following form: "Saddle, draft, and pack animals suitable for use in war."

Rear Admiral Sperry having concurred in this wording, it is accepted by the committee.

The President reads item No. 8 of the list, which is adopted without discussion: "Articles of camp equipment and their distinctive component parts." With regard to item No. 9: "Naval military material."

Mr. Kriege asks himself whether the expression, "naval military material" is sufficiently clear.

Rear Admiral Sperry makes a similar observation.

[1119] Mr. Louis Renault states that he is ready to withdraw the proposal contained in item No. 9, inasmuch as the essential articles of naval military material are specifically mentioned in item No. 11 of the list.

Captain Behr asks whether, if item No. 9 is omitted, articles such as torpedo boat boilers can nevertheless be considered articles of absolute con

traband.

Mr. Louis Renault replies that torpedo boat boilers are certainly included in the category of articles referred to in item No. 11.

The President asks the committee whether, in view of Mr. Louis RENAULT'S statement, item No. 9 of the list should not be omitted.

It is decided to do so.

Item No. 10 of the list is adopted without discussion: "Armor plates." The President reads item No. 11: "War-ships, including boats, and their distinctive component parts."

Rear Admiral Sperry states that he cannot accept the proposed text. In his opinion, there may be component parts of war-ships and boats, whose mili1 Annex 29.

tary character it is very difficult to prove. The delegation of the United States of America is not in favor of the extension of the list of articles of absolute contraband. Among the component parts of a war-ship there are only armor plates, boilers, and machinery which are actually of such a character that they could not be used on merchant ships. He therefore prefers that only the articles aforesaid be mentioned in the list and that the sweeping expression, "distinctive component parts," be omitted.

Major General Amourel remarks that it is difficult to enumerate the articles belonging to a war-ship that are distinctive as such. In addition to the articles mentioned by Rear Admiral SPERRY, there are others about which there can be no doubt as to their strictly military purpose, as, for instance, electrical apparatus for the transmission of firing and pointing signals and the hydraulic apparatus for conveying ammunition. These articles cannot in any case be used on a merchant ship.

Mr. Kriege supports Rear Admiral SPERRY'S proposal. If certain of the distinctive component parts of a war-ship should not be covered by the formula proposed by the delegate of the United States, there would be no great danger, since it is proposed to add to the list under discussion a general clause which would allow a belligerent to supplement the enumeration of articles of absolute contraband. This or that article not specifically mentioned in the permanent list of articles of absolute contraband could be added by virtue of this general clause. Under these circumstances, he would prefer to meet the objections of Rear Admiral SPERRY in order that the list now under discussion may be adopted unanimously.

Mr. Louis Renault thinks that it would be contrary to the fundamental conception of absolute contraband to omit the articles mentioned by General AMOUREL, which are without any doubt intended exclusively for use in war.

Mr. Fromageot, replying to Mr. KRIEGE, remarks that, if the general clause in question is made too broad in scope, the list of articles of absolute [1111] contraband will not render commerce the service which it should render, because there will always be doubt as to whether this or that article constitutes contraband. Again, the fears expressed by Rear Admiral SPERRY do not seem to be warranted, as the list mentioned only "distinctive component parts."

Captain Behr thinks that the more exact and detailed the list of articles of absolute contraband can be made, the better it would be. Additions to the list by virtue of the general clause referred to by Mr. KRIEGE may always give rise to different interpretations and diplomatic claims.

Captain Ottley concurs in Rear Admiral SPERRY's opinion, stating that he wants the list to be as limited as possible.

His Excellency Mr. Augusto Matte is of the opinion that the Conference must make the list of articles of absolute contraband as complete as possible and not give belligerents an opportunity to abuse the right of supplementing this list on the outbreak of war.

His Excellency Mr. Ruy Barbosa states that he is in favor of as restrictive an interpretation as possible of contraband. The Brazilian proposal1 is inspired by this general consideration. That is why he is opposed to Article 3 of the French proposal,2 as well as to the general clause proposed by Mr. KRIEGE.

Mr. Louis Renault observes that it is not now a qu traband, covered by Article 3 of the French proposal, of Excellency Mr. RUY BARBOSA has not a correct impressio fore that the discussion on absolute contraband be contin tions of Rear Admiral SPERRY with regard to item No. 11 Mr. Kriege replies to his Excellency Mr. RUY BA clause that he advocates is to be found in paragraph Brazilian proposal1 in almost the same words as in pa of the German proposal. The concluding words of the very easily be added as a new paragraph at the end of

Mr. Louis Renault recalls that the general clause to list was accepted to give effect to the observation made y sity of taking into account new inventions in the line of

After an exchange of views between Mr. Kriege Ruy Barbosa, the President notes that the committee to the general clause advocated by the delegate of Gern found in the 5th paragraph of Article 1 of the Brazili question of a special list notified by the belligerents to consideration. He proposes that the committee return No. 11 of the French list.

On the proposal of Captain Ottley, the commit amendment of Article 11, to take into account the ob of the United States of America:

War-ships, including boats, and their distin such a nature that they can only be used on a vess

Rear Admiral Sperry feels that he must reser [1112] The President reads item No. 12 of the list tinctive component parts."

In view of the impossibility of making a distin tended for use in war and those that are not, Mr. L does not insist upon the adoption of item No. 12. Item No. 12 of the French list is suppressed. Item No. 13 is read:

Implements and apparatus specially design munitions of war, for the manufacture or repair for use on land, at sea, or in the air.

Messrs. Louis Renault and Fromageot prop air" be stricken out and that "exclusively " be subs It is decided to do so.

Captain Behr recalls that at the last meeting h be added to the list, reading, "Railroad, telegraph, thinks that railroad, telegraph, and telephone constr theater of war is always for exclusively military pu transportation of material for such construction ma of absolute contraband.

1 Annex 30.

2 Annex 28.

In the face of the objections of Mr. Kriege and Captain Ottley, who contend that this material belongs to the category of relative contraband, Captain BEHR states that he is willing to withdraw his amendment.

The President asks whether the committee wishes to add to the list adopted the general clause that appears in paragraph 5 of Article 7 of the Brazilian proposal.

Mr. Kriege says that the committte has before it three well-nigh identical formulas that of the German proposal,1 that of Brazil, and that of the delegation of the United States of America. It is desirable that a reading combining these three formulas should be presented at the next meeting. Articles belonging to the category referred to in this general clause are to be placed on a special list which will be notified to neutrals by the belligerents.

After an exchange of views, in which the President, Messrs. Louis Renault, Kriege, Captain Ottley, and his Excellency Mr. Ruy Barbosa take part, the committee unanimously agrees that a general clause, which will permit the taking into account of new inventions, should be added to the list adopted. Mr. Louis Renault is requested to be good enough to formulate such a clause, which will be discussed at the next meeting.

Mr. Fromageot reads the list of articles of absolute contraband as adopted by the committee.

It is worded as follows:

1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.

2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.

[1113] 3. Powder and explosives specially prepared for use in war.

4. Gun mountings, limber boxes, military wagons, field forges, and their distinctive component parts.

5. Clothing and equipment of a distinctively military character.

6. All kinds of harness of a distinctively military character.

7. Saddle, draft, and pack animals suitable for use in war.

8. Articles of camp equipment, and their distinctive component parts. 9. Armor plates.

10. War-ships, including boats, and their distinctive component parts of such nature that they can only be used on a vessel of war.

11. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea.

The President declares the meeting adjourned, stating that the first paragraph of Article 1 of the French proposal, not having been studied by the committee, is reserved.

1 Annex 28.

Annex 30. Annex 31. ⚫ Annex 29.

[1114]

THIRD MEETING

AUGUST 21, 1907

His Excellency Lord Reay presiding.

The minutes of the second meeting are adopted.

Mr. Fromageot announces that he has drawn up the list of articles discussed at the preceding meeting as articles of absolute contraband. He proposes to the committee that this list be preceded by a preamble laying down the principle, and that there be joined to it an item No. 12 permitting new inventions to be taken into account. He has added an Article 2 on relative contraband, which the French delegation, in a spirit of conciliation, would be willing to accept. The draft reads as follows:

DRAFT REGULATIONS ON CONTRABAND

ARTICLE 1

Trade in the following articles, included under the head of absolute contraband, is, of right, forbidden to neutral ships bound for the enemy forces. or country, by the mere fact that a state of war is known to exist:

1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.

2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.

3. Powder and explosives specially prepared for use in war. 4. Gun-mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts.

5. Clothing and equipment of a distinctively military character. 6. All kinds of harness of a distinctively military character.

7. Saddle, draft, and pack animals suitable for use in war.

8. Articles of camp equipment, and their distinctive component parts.

9. Armor plates.

[1115] 10. War-ships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war.

11. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material

for use on land or sea.

12. Implements and articles designed exclusively for use in war or in preparation for war.

ARTICLE 2

On condition of previous notification through diplomatic channels, belligerents have the right to declare to be likewise contraband of war articles