asaki.

It by no means follows that British shipowners may charter their vessels
"for such purposes as following the Russian fleet with coal supplies."
Lord Lansdowne's recent letter to Messrs. Woods, Tylor, and Brown is
explicit to the effect that such conduct is "not permissible." Lord
Lansdowne naturally confined himself to answering the question which had
been addressed by those gentlemen to the Foreign Office; but the reason
for his answer is not far to seek. The unlawfulness of chartering
British vessels for the purpose above mentioned is wholly unconnected
with the doctrine of contraband, but is a consequence of the
international duty, which if incumbent on every neutral State, of seeing
that its territory is not made a base of belligerent operations. The
question was thoroughly threshed out as long ago as 1870, when Mr.
Gladstone said in the House Of Commons that the Government had adopted
the opinion of the law officers:

"That if colliers are chartered for the purpose of attending
the fleet of a belligerent and supplying it with coal, to
enable it to pursue its hostile operations, such colliers
would, to all practical purposes, become store-ships to the
fleet, and would be liable, if within reach, to the operation
of the English law under the (old) Foreign Enlistment Act."

British colliers attendant on a Russian fleet would be so undeniably
aiding and abetting the operations of that fleet as to give just cause
of complaint against us to the Government of Japan. The British shipper
of coal to a belligerent fleet at sea, besides thus laying his
Government open to a charge of neglect of an international duty, lays
himself open to criminal proceedings under the Foreign Enlistment Act of
1870. By section 8 (3) and (4) of that Act "any person within H.M.
Dominions" who (subject to certain exceptions) equips or despatches any
ship, with intent, or knowledge, that the same will be employed in the
military or naval service of a foreign State, at war with any friendly
State, is liable to fine or imprisonment, and to the forfeiture of the
ship. By section 30, "naval service" covers "user as a store-ship," and
"equipping" covers furnishing a ship with "stores or any other thing
which is used in or about a ship for the purpose of adapting her for
naval service." Our Government has, therefore, ample powers for
restraining, in this respect, the use of its territory as a base. It has
no