The only fault to be found with the paragraph in the _Cologne Gazette_ quoted by your Berlin Correspondent, supposing it to be correctly transcribed, would be that it seems to imply that the above-mentioned Art. 7 legitimatises the supply of war material to belligerents by "neutral States." It is, however, obvious from the rest of the paragraph that the _Gazette_ is not really under that impression.
I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, December 24 (1911).
The criticisms directed against the Proclamation of 1904, in the first two letters which follow, have produced some improvement in Proclamations of later date. See the last two letters of this section. See also Appendix A in F.E. Smith and N.W. Sibley's _International Law in the Russo-Chinese War_ (1905), devoted to a consideration of those criticisms.
Sir,--You were good enough to insert in your issue of November 9 some observations which I had addressed to you upon the essential difference between carriage of contraband, which takes place at the risk of the neutral shipowner, and use of neutral territory as a base for belligerent operations, an act which may implicate the neutral Power internationally, while also rendering the shipper liable to penal proceedings on the part of his own Government. I am gratified, to find that the views thus expressed by me are in exact accordance with those set forth by Lord Lansdowne in his reply of November 25 to the Chamber of Shipping of the United Kingdom. Perhaps you will allow me to say something further upon the same subject, suggested by several letters which appear in your paper of this morning. I am especially desirous of emphasising the proposition that carriage of contraband is no offence, either against international law or against the law of England.
1. The rule of international law upon the subject may, I think, be expressed as follows: "A belligerent is entitled to capture a neutral ship engaged in carrying contraband of war to his enemy, to confiscate the contraband cargo, and, in some cases, to confiscate the ship also, without thereby giving to, the Power to whose subjects the property in question belongs any ground for complaint." Or, to vary the phrase, "a neutral Power is bound to acquiesce in losses inflicted by a belligerent upon such of its subjects as are engaged in adding to the military resources of the enemy of that belligerent." This is the rule to which the nations have consented, as a compromise between the right of the neutral State that its subjects should carry on their trade without interruption, and the right of the belligerent State to prevent that trade from bringing an accession of strength to his enemy. International law here, as always, deals with relations between States, and has nothing to do with the contraband trader, except in so far as it deprives him of the protection of his Government. If authority were needed for what is here advanced, it might be found in Mr. Justice Story's judgment in the _Santissima Trinidad_, in President Pierce's message of 1854, and in the statement by the French Government in 1898, with reference to the case of the _Fram_, that "the neutral State is not required to prevent the sending of arms and ammunition by its subjects."