OBTAINING WAR SUPPLIES, ARMAMENT, OR MEMBERS OF CREW, FORBIDDEN TO BELLIGERENT WAR-SHIPS, IN NEUTRAL PORTS, ROADSTEADS, OR WATERS. Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters for replenishing or increasing their supplies of war material or their armament, or for completing their crews.-Hague Convention XIII, 1907, Article 18. Contra. When the subjects and inhabitants of the two parties, with their vessels, whether they be public and equipped for war, or private or employed in commerce, shall be forced by tempest, by pursuit of privateers and of enemies, or by any other urgent necessity, to retire and enter any of the rivers, bays, roads, or ports of either of the two parties, they shall be received and treated with all humanity and politeness, and they shall enjoy all friendship, protection, and assistance, and they shall be at liberty to supply themselves with refreshments, provisions, and everything necessary for their sustenance, for the repair of their vessels, and for continuing their voyage; provided always that they pay a reasonable price; and they shall not in any manner be detained or hindered from sailing out of the said ports or roads, but they may retire and depart when and as they please, without any obstacle or hindrance. Treaty of Amity and Commerce concluded between the United States and Contra, apparently. Vessels of either of the contracting parties shall have liberty, within the territories and dominions of the other, to complete their crew, in order to continue their voyage, with sailors articled in the country, provided they submit to the local regulations and their enrolment be voluntary. Treaty of Commerce and Navigation concluded between the United States and Italy, February 26, 1871, Article X. * * * * * Secondly, not to permit or suffer either belligerent to make use of its ports or waters for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Treaty of Washington, for the arbitration of the "Alabama Claims," concluded between the United States and Great Britain, May 8, 1871, Article VI. ** * ** Likewise the neutral State should not permit the military transports [of the belligerents] to use its ports or waters to renew or add to their military supplies, or arms, or to secure recruits. Institute, 1875, p. 13. * * shall not take on Belligerent ships in a neutral port reinforcements or recruit their military forces Institute, 1898, p. 155. * A belligerent ship taking refuge in a neutral port from pursuit by the enemy, or after having been defeated by him, or because it has not a sufficient crew to remain at sea, shall remain therein until the end of the war. The same rule shall apply if it is carrying sick or wounded, and after having landed them, is in condition to go into action. The sick and wounded, though received and cared for, shall, after they have recovered, be also interned, unless considered unfit for military service. Institute, 1898, p. 155. They [belligerent cruisers in neutral ports] must not increase their armament or crew, or add to their belligerent efficiency. Note 208, Dana's Wheaton, p. 524. * * The armed cruisers of belligerents, while within the jurisdiction of a neutral state, * cannot increase their guns or military stores, or augment their crews, not even by the enrollment of their own countrymen; Halleck, p. 523. * * * Exception as to completion of crew for navigation. It is scarcely an exception from the general prohibition to make levies in a neutral state that a belligerent ship entering a neutral port with a crew reduced from whatever cause to a number less than that necessary to her safe navigation may take on board a sufficient number of men to enable her to reach a port of her own country. In doing this, and no more, she does not become capable of being used as an engine of war, and consequently does nothing which the neutral state is bound to prevent as inconsistent with its neutrality. The matter of course stands otherwise if the limits of bare necessity are passed. Hall, p. 623. The augmentation in a neutral port of the naval strength of a belligerent power can take place as well by augmenting the strength of one of its own ships as by building a new one for it. The legal character of both operations depends on the same principles. Westlake, vol. 2, p. 221. * * $ It is however agreed that a belligerent ship of war must not enlist men in a neutral port, make it the base of an investigation into the force, situation or resources of the enemy, or receive in it such repairs or supplies as will increase her fighting strength beyond what it was when she came in. Westlake, vol. 2, pp. 239, 240. The fighting forces of a belligerent may not be reinforced or recruited in neutral territory, and supplies of arms and warlike stores or other equipments of direct use for war may not be obtained therein by belligerent warships. These prohibitions are imposed by International Law; and if a belligerent ignores them or a neutral suffers them to be ignored, the aggrieved parties, whether neutral or belligerent, can demand reparation and take means to prevent a repetition of the offence. Lawrence, p. 617. Exception as to completion of crew for navigation. A neutral must prevent a belligerent man-of-war, whose crew is reduced from any cause whatever, from enrolling sailors in his neutral ports, with the exception of such few hands as are necessary for the purpose of safely navigating the vessel to the nearest port of her home State. Oppenheim, vol. 2, p. 401. A neutral must prevent belligerent men-of-war admitted into his ports or maritime belt from replenishing with ammunition and armaments, and from adding to their armaments, as otherwise he would indirectly assist them in preparing for hostilities. And it makes no difference whether the ammunition and armaments are to come from the shore or are to be taken in from transport vessels. Oppenheim, vol. 2, p. 403. Laws of United States. Every person who, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be deemed guilty of a high misdemeanor, and shall be fined not more than one thousand dollars and be imprisoned not more than one year. Sec. 5285, Revised Statutes. British laws. If any person within the dominions of Her Majesty, and without the licence of Her Majesty: By adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting the warlike force of any ship which, at the time of her being within the dominions of Her Majesty, was a ship in the military or naval service of any foreign State at war with any friendly State. Such person shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. British Foreign Enlistment Act, 1870, sec. 10. Contra, as to completion of crews. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing terms, may lawfully engage or enlist therein their own subjects or citizens, not being inhabitants of the United States. U. S. Treasury circular, August 4, 1793, 1 Am. State Papers, For. Rel. 140; Moore's Digest, vol. vii, p. 880. It was held by the Attorney General in 1844 that the enlistment at New York of seamen or others for service on war vessels of Mexico (then at war with Texas), such persons not being Mexicans transiently within the United States, was a breach of the neutrality laws. 4 Op. Atty. Gen., 336. ** no ship of war or privateer of either belligerent shall be permitted to make use of any port, harbor, roadstead, or other waters within the jurisdiction of the United States the purpose of obtaining any facilities of warlike equipment. * * * * * for * Proclamation of President Grant, October 8, 1870, For. Rel. 1870, 48. See also proclamation of President. Roosevelt, February 11, 1904. No increase in the armament, military stores, or in the number of the crew of a vessel of war of the United States shall be attempted during the stay of such vessel in a neutral port. U. S. Naval War Code, Article 18. Article 18, Hague Convention XIII, 1907, is substantially identical with section 138, Austro-Hungarian Manual, 1913. Moodie v. The "Phoebe Anne," 3 Dall., 319.-In this case it was held that the fact that during the progress of purely nautical repairs, the guns of the vessel had been taken out and then replaced, did not constitute an augmentation of force. "The Brothers," 17 Fed. Cases, No. 9743.-In this case it was held that the repairing of the waist of the vessel and the cutting of two ports for guns did not constitute an offense under section 5285, United States Revised Statues. Augmentation of force, as affecting captures. 66 The Santissima Trinidad," 7 Wheaton, 283.-In this case restitution of articles taken from Spanish vessels on the high seas was ordered because the capturing vessel illegally augmented her force in the ports of the United States by a substantial increase in her crew, and made the captures in question during her original cruise thereafter. The Court said, however: "It has never been held by this court that an augmentation of force or illegal outfit affected any captures made after the original cruise was terminated." See also Talbot v. Jansen, 3 Dallas, 133; The Alerta, 9 Cranch, 359; The Estrella, 4 Wheat., 298; The Arrogente Barcelones, 7 Wheat., 496; La Conception, 6 Wheat., 235; The Santa Maria, 7 Wheat., 490. AMOUNT OF FOOD OR FUEL ALLOWED TO BELLIGERENT WAR-SHIP IN NEUTRAL PORT OR ROADSTEAD-TIME ALLOWED FOR COALING. Belligerent war-ships may only revictual in neutral ports or roadsteads to bring up their supplies to the peace standard. Similarly these vessels may only ship sufficient fuel to enable them to reach the nearest port in their own country. They may, on the other hand, fill up their bunkers built to carry fuel, when in neutral countries which have adopted this method of determining the amount of fuel to be supplied. If, in accordance with the law of the neutral Power, the. ships are not supplied with coal within twenty-four hours of their arrival, the permissible duration of their stay is extended by twenty-four hours.-Hague Convention XIII, 1907, Article 19. Contra as to limitation. When the subjects and inhabitants of the two parties, with their vessels, whether they be public and equipped for war, or private or employed in commerce, shall be forced by tempest, by pursuit of privateers and of enemies, or by any other urgent necessity, to retire and enter any of the rivers, bays, roads, or ports of either of the two parties, they shall be received and treated with all humanity and politeness, and they shall enjoy all friendship, protection, and assistance, and they shall be at liberty to supply themselves with refreshments, provisions, and everything necessary for their sustenance, for the repair of their vessels, and for continuing their voyage; provided allways that they pay a reasonable price; and they shall not in any manner be detained or hindered from sailing out of the said ports or roads, but they may retire and depart when and as they please, without any obstacle or hindrance. Treaty of Amity and Commerce concluded between the United States and Sweden April 3, 1783, Article XXI. Contra as to limitation. If the citizens or subjects of either party, in danger from tempests, pirates, enemies, or other accidents, shall take refuge, with their vessels or effects, within the harbours or jurisdiction of the other, they shall be received, protected, and treated with humanity and kindness, and shall be permitted to furnish themselves, at reasonable prices, with all refreshments, provisions, and other things necessary for their sustenance, health, and accom[m]odation, and for the repair of their vessels. Treaty of Amity and Commerce concluded between the United States and Prussia, July 11, 1799, Article XVIII. |