Treatment of vessel carrying contraband and of her cargo, if without knowledge of hostilities or without opportunity to discharge contra- band, after knowledge--when knowledge presumed ----- Treatment of vessel carrying contraband if she surrenders contraband to belligerent war ship-rights and duties of master and captor-- Condemnation of neutral vessel and goods of owner for specified un- neutral service exception in case of lack of knowledge of hostilities or lack of opportunity, after knowledge, to discharge belligerent pas- sengers—when knowledge presumed- Condemnation of neutral vessel and goods of owner because of specified unneutral service not covered by Article 45, Declaration of London--- Person belonging to armed forces of enemy, found on board neutral ves- sel, may be made prisoner of war.. Destruction of captured neutral vessels forbidden-exceptions—treatment of persons and documents on board... Consequences of failure to justify destruction of neutral vessel Handing over or destruction of condemnable goods on board vessel not Transfer of enemy vessel to neutral flag, before outbreak of hostilities-- Transfer of enemy vessel to neutral flag, after outbreak of hostilities - Flag vessel entitled to fly determines her neutral or enemy character- National convoy of neutral vessels as affecting search and capture. Forcible resistance to stoppage, search, and seizure, effect of d. Liens upon a vessel as affected by capture- Compensation of persons interested in vessels or goods captured without Diplomatic agents of neutral powers to hostile Governments, effect upon Diplomatic agents of neutral powers to hostile Government, safe con- duct to, through belligerent territory - Consuls of neutral powers in territory under military occupation. Treaties between neutrals and belligerents, effect of war upon. Navigation by neutrals upon international rivers.. 572 573 576 578 ABBREVIATIONS. rench Naval Instructions.- Anhang zum Dienst reglement für die k. u. k. Kriegemarine (Internationales Sec- und Landkriegsrecht) Vienna, 1913. Reports in the High Court of Admiralty [England 1798-1809). 6 vols. [English Admiralty Reports, vols. 1-3.) 1801-1815. Cases decided in the Court of Claims of .Reports of Cases in the Courts of the United States (1790–1800] and Pennsyl- vania [1754–1806). Federal Cases. Comprising cases argued and determined in the Circuit and Dis- trict Courts of the United States. 1894. Foreign Relations of the United States. ternational en cas de cierre. Dec. 19, ternational law topics, 1913. Reports, Circuit Court United States, First Circuit, 1812-1815, Boston 1845. Prisenordnung Sep. 30, 1909. (Reichs- gesetzblatt Aug. 3, 1914.) Staff. Being “ The Usages of War on law. Fourth edition. Oxford, 1895. Francisco, 1861. Manual of Naval Prize Law. Resolutions of the Institute of Interna- tional Law.. Collected and translated by the Carnegie Endowment for Interna- tional Peace (Oxford University Press, 1916). Japanese Prize Court Regulations, 1904 (Russian and Japanese Prize Cases, Vol. 2, p. 416.) James Kent: Commentaries on American law. Twelfth edition, edited by 0. W. Holmes, jr. Boston, 1873. England-London. T. J. Lawrence: The principles of inter- national law. Fifth edition. Boston, 1913. Law Reports Privy Council Cases. 1837-1872. VI Instructions for the Government of the Armies of the United States in the Moore's Digest ---- A Digest of International Law. By J. B. Moore, Washington, 1906. Moore's International Arbitrations - History and Digest of the International Arbitrations to which the United States has been a party. Washington, 1898. Official Opinions of the Attorney General of the United States, 1789. 1852. Oppenheim.- L. Oppenheim: International Law. Vol. II. War and neutrality. Second edi. tion. London, 1912. Cases in the Supreme Court of the United States, 1828-1842. 16 vols. Russian and Japanese prize cases --Russian and Japanese Prize Cases. Edited by C. J. B. Hurst. 2 vols. Lon- Procedure in Stopping, Examining, etc., Sept. 20, 1900 (Br. & For. State Papers, Regulations as to Naval Prizes, 1895 (Russian and Japanese Prize Cases. Rules concerning contraband (Great Brit. Correspondence respecting Contraband Spinks--- Ecclesiastical and Admiralty Reports. London, 1855. 2 vols. ..Prize Cases, Reports of cases in the Ad- Appeal. London. 1856. Provisional Law on prizes, Feb. 3, 1912. C. S. Supreme Court Reports. Law and usages of war at sea, a Naval War Code prepared by Capt. Charles College, 1904. -John Westlake: International Law, part II, War. Second edition. Cambridge, Dana's Wheaton. Henry Wheaton: Elements of interna- tional law. Eighth edition, edited with ton, 1866. Theodore Dwight Woolsey: Introduction to the Study of International Law. THE LAWS OF NEUTRALITY AS EXISTING ON AUGUST 1, 1914. ENEMY'S GOODS ON NEUTRAL VESSEL. The neutral flag covers enemy's goods, with the exception of contraband of war.-Declaration of Paris, Article 2. All and every the subjects and inhabitants of the Kingdom of Sweden, as well as those of the United States, shall be permitted to navigate with their vessels, in all safety and freedom, and without any regard to those to whom the merchandizes and cargoes may belong, from any port whatever; and the subjects and inhabitants of the two States shall likewise be permitted to sail and trade with their vessels, and, with the same liberty and safety, to frequent the places, ports, and havens of Powers enemies to both or either of the contracting parties, without being in any wise molested or troubled, and to carry on a commerce not only directly from the ports of an enemy to a neutral port, but even from one port of an enemy to another port of an enemy, whether it be under the jurisdiction of the same or of different Princes. And as it is acknowledged by this treaty, with respect to ships and merchandizes, that free ships shall make the mer chandizes free, and that everything which shall be on board of ships » belonging to subjects of the one or the other of the contracting par ties shall be considered as free, even though the cargo, or a part of it, should belong to the enemies of one or both, it is nevertheless provided that contraband goods shall always be excepted; which being intercepted, shall be proceeiled against according to the spirit of the following articles. Treaty of Amity and Commerce, concluded between the United States and Sweden, April 3, 1783, Article VII. 1 If one of the contracting parties should be engaged in war with any other Power, the free intercourse and commerce of the subjects or ritizens of the party remaining neuter with the belligerent Powers shall not be interrupted. On the contrary, in that case, as in full peace, the vessels of the neutral party may navigate freely to and from the ports and on the coasts of the belligerent parties, free Tessels making free goods, insomuch that all things shall be adjudged free which shall be on board any vessel belonging to the neutral party, although such things belong to an enemy of the other. Treaty of Amity and Commedre concludel September 10, 178.), between the (nited States and Prussia, Article XII. If any goods belonging to any nation with which either of the parties are at war should be loaded on board vessels belonging to the 55.56518 1 (1) |
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