les ports neutres, que les belligérants ne doivent pas se servir d'eux pour ses opérations militaires, les conséquences pour les neutres d'une infraction à cette règle ne peuvent être les mêmes dans les deux cas. Si un neutre tolère qu'un des belligérants dispose de ses ports, ce sera une violation de la neutralité. Mais on ne saurait dire le même du seul fait que le neutre n'a pu empêcher le belligérant de se servir de ses eaux. D'abord le neutre qui veut protéger ses eaux se heurtera dans beaucoup de cas à l'incertitude de l'étendue des eaux territoriales. Ensuite: Les moyens pour empêcher une telle violation de la mer territoriale sont beaucoup plus difficiles à trouver que pour les ports.

D'autres différences: Les règles sur la fixation d'un délai pour le séjour d'un navire de guerre dans un port neutre ne peuvent pas être établies pour les eaux territoriales. Il est bien difficile de fixer le moment où le navire entre dans les eaux territoriales ou en sort. Commission, 2e sous-commission, 1er août 1907.)

(3o

Naval War College discussion, 1906.-The general subject of the supply of coal in neutral ports was considered in the conferences upon international law at this Naval War College in 1906. The summary of the discussions is as follows:

The proposition to limit the supply to the amount necessary to take the ship to the nearest port of her home country, which has been a form often used and was that approved by the Institute of International Law in 1898, leaves much to be desired. The nearest port may not be in the direction in which the vessel may be voyaging, or if it is it may not be a port suitable for the entrance of such a vessel. The gradual change in recent years has shown that this formula is not sufficient. Such words as the following have been added in certain proclamations: "Or to some nearer neutral destination," "or to some nearer named neutral destination," or that coal shall not be supplied to “a belligerent fleet proceeding either to the seat of war or to any position or positions on the line of route with the object of intercepting neutral ships on suspicion of carrying contraband of war."

In most declarations there has been a provision against allowing a neutral port to become a base for equipping a belligerent's vessel with coal, oil, or other supplies. By "base," as thus used, is meant a place to which the vessel frequently returns. The idea of "frequent," as thus used, is generally covered by the prohibition against taking a new supply of coal from the same neutral port till after the expiration of a period of three months. Some states, however, allow such supply within three months provided permission is obtained from the proper authority.

It would seem to be evident that while the supplying of coal to a belligerent is not prohibited by international law though it has been prohibited in many proclamations, yet the supplying of coal at such frequent intervals as would make the neutral port a base is generally 55983-09-6

regarded as prohibited by international law, as is practically admitted in the reply of France to Japan in 1905.

It seems to be the general opinion that the supply of fuel, etc., to belligerents should be somewhat restricted in neutral ports.

cases.

There are differences of opinion as to the extent of necessary restrictions. Doubtless there would be need of special restriction in special Some degree of freedom should remain to the neutral in making provisions for special conditions. It would seem reasonable that the neutral should not afford a greater supply of coal or oil even for lubricating purposes than an amount sufficient to carry the vessel to the home port. The purpose is to guard against the furnishing of supplies for hostile uses and at the same time not to intern a vessel of a belligerent which may enter a neutral port. It would probably be desirable to restrict the supply of oil for purposes of fuel which would be included under the general head of fuel and for lubricating purposes which makes necessary specific mention of oil.

Considering opinions, precedents, and practice, the following seems a reasonable conclusion: The supply of fuel or oil within a neutral port to vessels in belligerent service in no case shall exceed what is necessary to make the total amount on board sufficient to reach the nearest unblockaded port of the belligerent vessel's own state or some nearer named destination.

The supply may be subject to such other regulations as the neutral may deem expedient.

Neutrality proclamations.-The declaration of neutrality of the United States in the Russo-Japanese war of 1904 was in accord with the declaration in the FrancoPrussian war of 1870:

No ship of war or privateer of either belligerent shall be permitted, while in any port, harbor, roadstead, or waters within the jurisdiction of the United States, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel, if without any sail power, to the nearest port of her own country; or in case the vessel is rigged to go under sail, and may also be propelled by steam power, then with half the quantity of coal which she would be entitled to receive, if dependent upon steam alone, and no coal shall be again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead, or waters of the United States, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within the waters of the United States, unless such ship of war or privateer shall, since last thus supplied, have entered a port of the government to which she belongs. (U. S. Foreign Relations, 1904, p. 34.)

The proclamation of Sweden and Norway stated that the King had decided to accord war vessels of the belliger

ents entrance to his ports provided they conformed to certain rules:

In regard to coal, they can only purchase the necessary quantity to reach the nearest nonblockaded national port, or with the consent of the authorities of the King, a neutral destination. Without special permission the same vessel will not be permitted to again purchase coal in a port or roadstead of Sweden or Norway within three months after the last purchase. (Foreign Relations U. S. 1904, p. 31.)

The rules for the maintenance of neutrality in the Netherlands Indies in 1904 restrict the taking in of fuel:

Sufficient provender may be shipped as is necessary for the maintenance of the crew, while the stock of fuel may not exceed an amount necessary for the vessel to reach the nearest harbor of the country to which the vessel belongs or of one of its allies in the war. The same vessel shall not be allowed to return a second time for fuel within a period of three months from the time of the first supply, except special authorization be given thereto.

In the case of privateers more stringent regulations were imposed:

They shall not take in more provisions than is required for them to reach the nearest harbor of the country to which they belong or that of one of their allies in the war, and not more coal than is necessary to provide for their requirements for a period of twenty-four hours, sailing at a maximum of three English miles an hour. Within a period of three months they shall not be provided with coal a second time. (Foreign Relations U. S. 1904, p. 28.)

The Danish neutrality proclamation issued in 1904 provided that:

So much coal only may be taken in as may be necessary to carry such vessels to the nearest nonblockaded home port; or, with permission from the proper Danish authorities, to some other neutral destination. No ship will be permitted, without special authorization, to coal in any Danish harbor or roadstead more than once in the course of three months. (Foreign Relations, U. S. 1904, p. 22.)

The proclamations, decrees, orders, etc., issued during the Spanish-American war in 1898 were in most instances. similar to those issued in 1904. Those issued in 1898 varied somewhat in character. The range is shown in the following:

Bermuda, proclamation, May 6, 1898:

Rule C. No supplies will be allowed to any such ship beyond provisions and subsistence for crew necessary for immediate use and no

coal except for the specific purpose (to be satisfactorily shown) of enabling her to proceed direct to the nearest port of her own country or other named nearer neutral destination, nor will coal be supplied to the same ship in any British port twice within three months.

Brazil, circular, April 29, 1898:

X. The movements of the belligerent will be under the supervision of the customs authorities from the time of entrance until that of departure, for the purpose of verifying the proper character of the things put on board.

XI. The ships of belligerents shall take material for combustion only for the continuance of their voyage.

Furnishing coal to ships which sail the seas near Brazil for the purpose of making prizes of an enemy's vessels or prosecuting any other kind of hostile operations is prohibited.

A ship which shall have once received material for combustion in our ports shall not be allowed a new supply there, unless there shall have elapsed a reasonable interval which makes it probable that said ship has returned after having finished its voyage to a foreign port.

XII. It will not be permitted to either of the belligerents to receive in the ports of the Republic goods coming directly for them in the ships of any nation whatever.

This means that the belligerents may not seek ports en route and on account of an unforeseen necessity, while having the intention of remaining in the vicinity of the coasts of Brazil, taking thus beforehand the necessary precautions to furnish themselves with the means of continuing their enterprises. The tolerance of such an abuse would be equivalent to allowing our ports to serve as a base of operations for the belligerents.

Italy, decree of April 6, 1864:

ART. X. Nothing shall be supplied to belligerent ships of war or cruisers excepting provisions, commodities, and things for repairs, simply necessary for the subsistence of their crews and the safety of their voyage. Such belligerent ships of war or cruisers as wish to resupply themselves with coal shall not receive that supply until twenty-four hours after their arrival.

Japan, imperial ordinance, No. 87:

ART. 6. The men-of-war and other ships used for warlike purposes belonging to one or the other of the belligerent powers may get, in the ports of the Empire, supplies of articles necessary for their crews, also coal and other things indispensable to navigation, as well as of materials needed for repairs; but the quantity of such supplies should never exceed that which will be necessary for the purpose of taking such menof-war and such other ships to the nearest port of their own country. Any of such men-of-war or such other ships which has once obtained a supply of coal shall not be permitted to get another supply until after the lapse of three full months.

Netherlands, Order No. 2, respecting neutrality:

*

*

ARTICLE I. * Provender may be shipped so far as is necessary for the wants of the crew, while the store of coal shall only be supplemented sufficiently to allow the ship or vessel to reach the nearest port of the country to which it belongs, or that of one of its allies in the war. The same ship may not be provided a second time with coal, except after a lapse of three months from the first lading, unless special per mission be given.

According to the British proclamation:

Rule 3. No ship of war of either belligerent shall hereafter be permitted, while in any such port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination, and no coal shall again be supplied to any such ship of war in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid.

This rule was amended to read "nearer named neutral destination," in 1904.

Certain explanations of Rule 3 were later issued.

It must, however, be borne in mind that the reason for the practice of admitting belligerent vessels of war into neutral ports arises out of the exigencies of life at sea and the hospitality which it is customary to extend to vessels of friendly powers, and that this principle does not extend to enabling such vessels to utilize a neutral port directly for the purpose of hostile operations. The rule above quoted is not to be understood as having any application to the case of a belligerent fleet proceeding either to the seat of war, or to a position or positions on the line of route, with the object of intercepting neutral vessels on suspicion of carrying contraband of war. Such fleet cannot be permitted to make use in any way of a British port for the purpose of coaling, either directly from the shore, or from colliers accompanying the fleet, whether the vessels of the fleet present themselves at the port at the same time or successively. His Majesty's Government further direct that the same practice be pursued with reference to single belligerent war-vessels, if it be clear that they are proceeding for the purpose of belligerent operations as above defined. This is not to be applied to the case of a vessel putting in on account of actual distress at sea.

The amount of coal which might be supplied to a belligerent warship was defined as so much as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer named neutral destination—a formula which would, e. g., entitle a Russian ship of war to take on board, say at Aden, an amount of coal sufficient to carry her to