lity, or is in fact carrying
contraband under a neutral flag."
[I assume that the word "unarmed" here does not exclude the case of a
vessel carrying arms solely for defence.]
The Note also recognises, what you some time ago allowed me to point
out,
"the practical impossibility of employing submarines in the
destruction of commerce without disregarding those rules of
fairness, reason, justice, and humanity which modern opinion
regards as imperative."
Adding:--
"It is practically impossible for them to make a prize of
her, and if they cannot put a prize crew on board, they
cannot sink her without leaving her crew and all on board her
to the mercy of the sea in her small boats."
Nothing could be more satisfactory than the views thus authoritatively
put forth, first as to the applicable law, and secondly as to the means
by which its prescriptions can be carried out.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Brighton, May 15 (1915).
_Cf. supra_, p. 70.
* * * * *
SECTION 6
_Lawful Belligerents_
GUERILLA WARFARE
Sir,--When Mr. Balfour last night quoted certain articles of the
"Instructions for the Government of Armies of the United States in the
Field" with reference to guerilla warfare, some observations were made,
and questions put, upon which you will perhaps allow me to say a word or
two.
1. Mr. Healy seemed to think that something turned upon the date (May,
1898) at which these articles were promulgated. In point of fact they
were a mere reissue of articles drawn by the well-known jurist Francis
Lieber, and, after revision by a military board, issued in April, 1868
by President Lincoln.
2. To Mr. Morley's enquiry, "Have we no rules of our own?" the answer
must be in the negative. The traditional policy of our War Office has
been to "trust to the good sense of the British officer." This policy,
though surprisingly justified by results, is so opposed to modern
practice and opinion that, as far back as 1878-80, I endeavoured,
without success, to induce the Office to issue to the Army some
authoritative, though simple, body of instructions such as have been
issued on the Continent of Europe and in America. The War Office was,
however, content to include in its "Manual of Military Law," published
in 1888, a chapter which is avowedly unauthoritative, and expressly
stated to contain only "t
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