the Governments of Russia and Japan being at war is not in itself a sufficient reason why the peaceful commerce between Great Britain and commercial houses in Japan should be treated with such severity as to render commerce both dangerous and even prohibitive.” Sir C. Hardinge, British ambassador to Russia to Count Lamsdorff, Fish products. The Thea," Russian and Japanese Prize Cases, vol. 1, p. 96.—In this case the Russian Supreme Court held that fish products, not suitable for food, were not contraband of war. Kerosene oil. The "Oldhamia,” Russian and Japanese Prize Cases, vol. 1, p. 145.— This was the case of a British vessel captured while on a voyage to Japan, with a carge of kerosene, belonging to the Standard Oil Co. The manifest did not show any destination beyond Hong Kong, which port had already been passed, and there was no bill of lading on board. Moreover it was claimed by the captors that the vessel showed no lights and that the crew gave false evidence. Held by the Russian Supreme Court that the kerosene was contraband as susceptible of use as fuel, in the absence of satisfactory proof of its innocent destination, and in view of the fact that the Japanese navy had used kerosene during the war for fire-ships. Canned fish. 66 The Knight Commander," Russian and Japanese Prize Cases, vol. 2, p. 54.—In this case the Supreme Prize Court, reversing the decision of the Libau Court, held that tinned salmon consigned to a Japanese trader was contraband, there being no evidence as to the purpose for which it was required. WAIVER OF RIGHT TO TREAT AS CONTRABAND ARTICLE COMPRISED IN CLASS LISTED IN ARTICLE 22 OR 24, DECLARATION OF LONDON. If a Power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. Declaration of London, Article 26. A belligerent may not wish to use the right to treat as contraband of war all the articles included in the above lists. It may suit him to add to conditional contraband an article included in absolute contraband or to declare free, so far as he is concerned, the trade in some article included in one class or the other. It is desirable that he should make known his intention on this subject, and he will probably do so in order to have the credit of the measure. If he does not do so, but confines himself to giving instructions to his cruisers, the ressels searched will be agreeably surprised if the searcher does not reproach them with carrying what they themselves consider contraband. Nothing can prevent a power from making such a declaration in time of peace. See what is said as regards article 23. Report of committee which drafted Declaration of London. Explanation of rule. The power to add to lists carries with it the power to take from them or amend them. A state might declare that in the event of war it would not exercise its right to capture such and such goods in either of the lists, or it might pledge itself to treat as conditional contraband something which appeared in the list of absolute contraband. Neutrals could have no objection to receive more lenient treatment than was secured to them by strict law, and therefore the kind of alteration we are now contemplating is not likely to be challenged. All declarations of change, whether made in time of peace, or at the beginning of a war or during its continuance, as would usually be the case, must be notified to other powers, in order to give them an opportunity of raising objections if they wish and publishing the information for the benefit of their merchants and shippers. Lawrence, p. 713. Article 26, Declaration of London, is substantially identical with ection 53, Austro-Hungarian Manual, 1913. (323) CONTRABAND NOT TO INCLUDE ARTICLES USELESS IN WAR. Articles which are not susceptible of use in war may not be declared contraband of war. Declaration of London, Article 27. The existence of a so-called free list (art. 28) makes it useful thus to put on record that articles which can not be used for purposes of war may not be declared contraband of war. It might have been thought that articles not included in that list might at least be declared conditional contraband. Report of committee which drafted Declaration of London. All other merchandise, and things not comprehended in the articles of contraband, explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting those places only which are at that time besieged or blockaded; and, to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Treaty of Peace, Amity, Navigation and Commerce concluded between the All other merchandise and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besieged or blockaded; and to avoid all doubt in this particular, it is declared that those places or ports only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral. Treaty of Peace, Friendship, Commerce and Navigation concluded between the United States and Bolivia, May 13, 1858, Article XVIII. Neutrals have the right to continue during war to trade with the belligerents, subject to the law relating to contraband and blockade. The existence of this right is universally admitted, although on certain occasions it has been in practice denied. Of those occasions the most memorable are the wars growing out of the French Revolution, and the Napoleonic wars that succeeded the breach of the peace of Amiens, when French decrees and British orders in council assumed to dictate the trade in which neutrals should be permitted to engage or to prohibit them from trading with belligerents altogether. Moore's Digest, vol. vii, p. 382. The trade of neutrals with belligerents in articles not contraband is absolutely free, unless interrupted by blockade. Moore's Digest, vol. vii, p. 656. If the Commander is satisfied that the Goods on board the Vessel are fit for purposes of peace exclusively, he should allow the Vessel to proceed on her course. Holland, p. 21. Articles and materials which can not be employed for war purposes can not be declared contraband of war. German Prize Rules, 1909, Article 26. Articles and materials which have not been included in the above two lists of absolute and conditional contraband or which have not been notified to you to be added thereto are not contraband of war. French Naval Instructions, 1912, sec. 44. Article 27, Declaration of London, is substantially identical with section 54, Austro-Hungarian Manual, 1913. The "Peterhoff," 5 Wall., 28.-In this case the court said that articles exclusively used for peaceful purposes are not contraband. LIST OF ARTICLES NOT TO BE DECLARED CONTRABAND. The following may not be declared contraband of war: (1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and yarns of the same. (2) Oil seeds and nuts; copra. (3) Rubber, resins, gums, and lacs; hops. (4) Raw hides and horns, bones and ivory. (5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. (6) Metallic ores. (7) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and tiles. (8) Chinaware and glass. (9) Paper and paper-making materials. (10) Soap, paint and colours, including articles exclusively used in their manufacture, and varnish. (11) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of ammonia, and sulphate of copper. (12) Agricultural, mining, textile, and printing machinery. (13) Precious and semi-precious stones, pearls, mother-ofpearl, and coral. (14) Clocks and watches, other than chronometers. (15) Fashion and fancy goods. (16) Feathers of all kinds, hairs, and bristles. (17) Articles of household furniture and decoration; office furniture and requisites.-Declaration of London, Article 28. To lessen the drawbacks of war as regards neutral trade it has been thought useful to draw up this so-called free list, but this does not mean, as has been explained above, that all articles outside it might be declared contraband of war. The ores here referred to are the product of mines from which metals are derived. There was a demand that dyestuffs should be included in (10), but this seemed too general, for there are materials from which colors are derived, such as coal, which also have other uses. Products only used for making colors enjoy the exemption. "Articles de Paris," an expression the meaning of which is universally understood, come under (15). (16) refers to the hair of certain animals, such as pigs and wild boars. Carpets and mats come under household furniture and ornaments (17). Report of committee which drafted Declaration of London. |