curred.

If the visiting, and eventual sinking, of the _Kowshing_ occurred in
time of peace, or in time of war before she had notice that war had
broken out, a gross outrage has taken place. But the facts are
otherwise.

In the first place, a state of war existed. It is trite knowledge, and
has been over and over affirmed by Courts, both English and American,
that a war may legally commence with a hostile act on one side, not
preceded by declaration. How frequently this has occurred in practice
may be seen from a glance at an historical statement prepared for the
War Office by Colonel Maurice _a propos_ of the objections to a Channel
tunnel. Whether or no hostilities had previously occurred upon the
mainland, I hold that the acts of the Japanese commander in boarding the
_Kowshing_ and threatening her with violence in case of disobedience to
his orders were acts of war.

In the second place, the _Kowshing_ had notice of the existence of a
war, at any rate from the moment when she received the orders of the
Japanese commander.

The _Kowshing_, therefore, before the first torpedo was fired, was, and
knew that she was, a neutral ship engaged in the transport service of a
belligerent. (Her flying the British flag, whether as a _ruse de guerre_
or otherwise, is wholly immaterial.) Her liabilities, as such ship, were
twofold:--

1. Regarded as an isolated vessel, she was liable to be stopped,
visited, and taken in for adjudication by a Japanese Prize Court. If, as
was the fact, it was practically impossible for a Japanese prize crew to
be placed on board of her, the Japanese commander was within his rights,
in using any amount of force necessary to compel her to obey his orders.

2. As one of a fleet of transports and men-of-war engaged in carrying
reinforcements to the Chinese troops on the mainland, the _Kowshing_ was
clearly part of a hostile expedition, or one which might be treated as
hostile, which the Japanese were entitled, by the use of all needful
force, to prevent from reaching its destination.

The force employed seems not to have been in excess of what might
lawfully be used, either for the arrest of an enemy's neutral transport
or for barring the progress of a hostile expedition. The rescued
officers also having been set at liberty in due course, I am unable to
see that any violation of the rights of neutrals has occurred. No
apology is due to our Government, nor have the owners of the _Kowshing_,
or th