subject of the protection of cables,
both in peace and in war; and at its Brussels meeting, in 1879,
carefully discussed the exhaustive report of its committee and voted
certain "conclusions," notably the following:--
"Le cable telegraphique sous-marin qui unit deux territoires
neutres est inviolable.
"Il est a desirer, quand les communications telegraphiques
doivent cesser par suite de l'etat de guerre, que l'on se
borne aux mesures strictement necessaires pour empecher
l'usage du cable, et qu'il soit mis fin a ces mesures, ou que
l'on en repare les consequences, aussitot que le permettra la
cessation des hostilites."
It was in no small measure due to the initiative of the Institut that
diplomatic conferences were held at Paris, which in 1882 produced a
draft convention for the protection of cables, not restricted in its
operation to time of peace; and in 1884 the actual convention, which is
so restricted.
It may not be generally known that in 1864, before the difficulties of
the subject were thoroughly appreciated, a convention was signed, though
it never became operative, by which Brazil, Hayti, Italy, and Portugal
undertook to recognise the "neutrality" in time of war of a cable to be
laid by one Balestrini. So, in 1869, the United States were desirous of
concluding a general convention which should assimilate the destruction
of cables in the high seas to piracy, and should continue to be in force
in time of war. The Brussels conference of 1874 avoided any mention of
"cables sous-marins."
The moral of all that has been written upon this subject is obviously
that drawn by Mr. Charles Bright--viz. "the urgent necessity of a
system of cables connecting the British Empire by direct and independent
means--_i.e._ without touching on foreign soil."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, June 3 (1897).
* * * * *
SECTION 7
_Destruction of Neutral Prizes_
A British ship, the _Knight Commander_, bound from New York to
Yokohama and Kobe, was stopped on July 23, 1904, by a Russian
cruiser, and as her cargo consisted largely of railway
material, was considered to be engaged in carriage of
contraband. Her crew and papers were taken on board the
cruiser, and she was sent to the bottom by fire from its guns.
The reasons officially given for this proceeding were that:
"The proximi
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