re really desirous of information
(which they are, however, perhaps not likely to obtain, otherwise than
from decisions of prize Courts) are of a less elementary character. They
would like to know what articles _ancipitis usus_ ("used for purposes of
war or peace according to circumstances") will be treated by the United
States as contraband, and with what penalty the carriage of such
articles will be visited--_i.e._ whether by confiscation or merely by
pre-emption.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 9 (1898).
The four letters which next follow also relate to the two
classes of contraband goods, with especial reference to the
character attributed to foodstuffs, coal and cotton.
On foodstuffs, see the _Report of the Royal Commission on the
Supply of Food, &c., in Time of War_, 1905. _Cf._ also
_infra._, pp. 174, 176, 177. They were placed by the unratified
Declaration of London, Art. 24, in the class of conditional
contraband; as is also coal. By Art. 28 of the Declaration, raw
cotton was enumerated among the articles which cannot be
declared contraband of war.
The suggestion in the letter of February 20, 1904, that certain
words quoted from the Japanese instructions had been
mistransmitted or misquoted was borne out by the Regulations
governing captures at sea, issued on March 15, 1904, Art. 14 of
which announces that certain goods are contraband "in case they
are destined to the enemy's army or navy, or in case they are
destined to the enemy's territory, and from the landing place
it can be inferred that they are intended for military
purposes."
The letters of March 10 and 15, 1905, will sufficiently explain
themselves. The accuracy of the statements contained in them
was vouched for by Baron Suyematsu, in a letter which appeared
in _The Times_ for March 16, to the effect that: "In Japan the
matters relating to the organisation and procedure of the prize
court, and the matters relating to prize, contraband goods,
&c., are regulated by two separate sets of laws.... The
so-called prize Court law of August 20, 1894, and amendment
dated March 1, 1904, which your correspondent refers to, are
the provisions relating to the former matters. The rules
regulating the latter matters--viz. prize, contraband goods,
&c., are not comprised in them. The rules which relate
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