Munitions of war, exportation of: Mutual concessions proposed by United States. Answer by Great Britain Nationality of vessel, how determined. British order in council, October, 1915 Nebraskan, steamship, attack on.. Joint resolution of Congress. Neutral vessels in war zone.. Armed neutrality note of January 18, 1916. February 22, 1917. Examination of neutral vessels. Orders in council, texts of— August 20, 1914 (declaration of London) Germany Wilson, President Reply of entente. Petrolite, steamship, attack on.. Prize courts, British: American cases. Costs and expenses (Oct. 21 note) Declaration of London... Removal of belligerent citizens from an American vessel (Chin:) Requisition of ships: Orders in council, March 23, 1915.. Orders in council, November 10, 1915.. Resolution declaring that a state of war exists.. Restraint of sea-borne commerce, American inquiry of England British reply.. German memorandum Restraints of commerce. Search, right of (Dec. 26 note). Page. 15, 33 22, 48, 282 19 340-343 52 314, 319 234-256, 296-307, 308-313, 327-338, 345-348, 349-372 22, 181, 315, 319, 339 288 39 92 414 204 209-214 28, 291 30, 293 340 342 372 372 140 142 143 73 329, 335 327-339 203 327-339 327-339 327-339 327-339 188-197 32 406-413 65 401-406 30, 293 342 423 22 27 33 234-274, 287 234-256, 328-330 Attitude toward Germany and Austria.. Navy order on neutrality Vessels detained by British (Sept. 10). See Detention of American ships.. Visit and search. See Search. von Holweg on German relations with the United States. War material, exportation of: Correspondence with Austria... Correspondence with Germany. War Zone.. England, November 2, 1914. See Submarine warfare. Wilhelmina, steamship. Wilson, President: Letter to Stone on warning. Letter to Pou on McLemore resolution. Page. 401 340-343, 345-374 405 Address on submarine controversy. Address on peace proposals (Senate). Address peace conference (May 27). Address on the state of war. Address on severing diplomatic relations with Germany (Feb. 3). Proclaims war between the United States and Germany. Proclamation to people of United States.. Wireless, censorship of.. Zamora case, cited... Zimmermann expresses hope Intercepted note 121 124, 147, 161 339 269-274 256-269 132 422 55-59 33 7,283, 413 155, 157, 160 124, 161 110 112 124 147 151 161 177 415 424 428 401 317, 335, 340 165 422 THE PROBLEMS OF NEUTRALITY WHEN THE WORLD IS AT WAR AS TOLD IN DOCUMENTS. OUR CONTROVERSY WITH GREAT BRITAIN. OUR DIPLOMATIC STRUGGLE FOR THE FREEDOM OF THE SEAS AS REVEALED IN OUR CONTROVERSY WITH GREAT BRITAIN. The rights of a neutral country in times of war are invariably invaded by belligerents whose incursions, oblivious of international practices, approach the limit where endurance breaks down. This is always placed upon the ground of actual necessity and such necessity as the violator decrees. To establish rules of the sea for both belligerent and neutral to observe, attempts have been made by groups of nations to agree upon a code. Such was the Declaration of Paris in 1856, coming at the close of the Crimean War, in which Russia, Turkey, England, and France were interested. This famous agreement which has stood as the law of the rights of neutrals for 60 years was as follows: ARTICLE 2. The neutral flag covers enemy's goods, with the exception of conCTABAND ARTICLE 3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. ARTICLE 4. Blockades in order to be binding must be effective; that is to say, maintained by a force sufficient really to prevent access to the coasts of the enemy. The chief defender of the neutrals' rights has been Great Britain, primarily because the sea is her chief highway of commerce. Her endeavors have been as a neutral to keep open the lanes of trade. One of the most stubborn questions was that of contraband. In 1898, when she was a belligerent, then in the Boer War, she took the following position: Foodstuffs, though having a hostile destination, can be considered as contraband of war only if they are for the enemy's forces; it is not sufficient that they are capable of being so used, it must be shown that this was in fact their destination at the time of their seizure. 181 The most important and widely heralded announcement of naval operations touching the rights of neutrals and privileges of belligerents was the famous Hague pronouncements of 1907, in which 46 nations were represented, including all the sea powers. It is interesting to note Britain's position on the question of contraband as embraced in Grey's instructions to her delegates: His Majesty's Government recognize to the full the desirability of freeing neutral commerce to the utmost extent possible from interference by belligerent powers, and they are ready and willing for their part, in lieu of endeavoring to frame new and more satisfactory rules for the prevention of contraband trade in the future, to abandon the principle of contraband of war altogether, thus allowing the oversea trade in neutral vessels between belligerents on the one hand and neutrals on the other to continue during war without any restriction, subject only to its exclusion by blockade from an enemy's port. They are convinced that not only the interest of Great Britain but the common interest of all nations will be found, on an unbiased examination of the subject, to be served by the adoption of the course suggested. The recommendation here was made that the delegates to The Hague convention use their power to induce the convention to abolish contraband. In the event of the proposal not being favorably received, an endeavor should be made to frame a list of the articles that are to be regarded as contraband. Your efforts should then be directed to restricting that definition within the narrowest possible limits and upon lines which have the point of practical extinction as their ultimate aim. Continuing the instructions of Grey: If a definite list of contraband can not be secured, you should support and, if necessary, propose regulations intended to insure that nations shall publish during peace the list of articles they will regard as contraband during war, and that no change shall be made in the list on the outbreak of or during hostilities. I here insert the findings of the conference touching the points of interest to us as a neutral power, insisting upon neutral rights upon the sea. CHAPTER I.-POSTAL CORRESPONDENCE. ARTICLE 1. The postal correspondence of neutrals or belligerents, whatever its official or private character may be, found on the high seas on board a neutral or enemy ship is inviolable. If the ship is detained the correspondence is forwarded by the captor with the least possible delay. The provisions of the preceding paragraph do not apply, in case of violation of blockade, to correspondence destined for or proceeding from a blockaded port. ARTICLE 2. The inviolability of postal correspondence does not exempt a neutral mail ship from the laws and customs of maritime war as to neutral merchant ships in general. The ship, however, may not be searched except when absolutely necessary, and then only with as much consideration and expedition as possible. CHAPTER II.-THE EXEMPTION FROM CAPTURE OF CERTAIN VESSELS. ARTICLE 3. Vessels used exclusively for fishing along the coast or small boats employed in local trade are exempt from capture, as well as their appliances, rigging, tackle, and cargo. They cease to be exempt as soon as they take any part whatever in hostilities. The contracting powers agree not to take advantage of the harmless character of the said vessels in order to use them for military purposes while preserving their peaceful appearance. ARTICLE 4. Vessels charged with religious, scientific, or philanthropic missions are likewise exempt from capture. CHAPTER III.-REGULATIONS REGARDING THE CREWS OF ENEMY MERCHANT SHIP CAPTURED BY A BELLIGERENT. ARTICLE 5. When an enemy merchant ship is captured by a belligerent, such of its crew as are nationals of a neutral State are not made prisoners of war. The same rule applies in the case of the captain and officers likewise nationals of a neutral State if they promise formally in writing not to serve on an enemy ship while the war lasts. ARTICLE 6. The captain, officers, and members of the crew, when nationals of the enemy State, are not made prisoners of war, on condition that they make a formal promise in writing not to undertake, while hostilities last, any service connected with the operations of the war. ARTICLE 7. The names of the persons retaining their liberty under the conditions laid down in article 5, paragraph 2, and in article 6, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons. ARTICLE 8. The provisions of the three preceding articles do not apply to ships taking part in the hostilities. |