bjects to commit certain
enumerated offenses, and among them: "On or from Danish territory to
assist any of the belligerent powers in the enterprises of war, such as
supplying their ships with articles that must be considered contraband
of war."[46] Danish subjects were forbidden "to take service in any
quality soever in the army of the belligerent powers or on board their
government ships, such prohibition to include piloting their ships of
war or transports outside the reach of Danish pilotage, or, except in
case of danger of the sea, assisting them in sailing the ship;"[47] "To
build or remodel, sell or otherwise convey, directly or indirectly, for
or to any of the belligerent powers, ships known or supposed to be
intended for any purposes of war, or to cooperate in any manner on or
from Danish territory in the arming or fitting out of such ships for
enterprises of war;"[48] "To transport contraband of war for any of the
belligerent powers, or hire or charter to them ships known or supposed
to be intended for such use."[49]
[Footnote 46: Section I (3) of Danish proclamation of neutrality, Apl.
29, 1898; For. Rel., 1898, p. 855.]
[Footnote 47: Ibid., Sec. I (1).]
[Footnote 48: Ibid., Sec. I (2).]
[Footnote 49: Ibid., Sec. I (4).]
Japan forbade "the selling, purchasing, chartering, arming, or equipping
ships with the object of supplying them to one or the other of the
belligerent powers for use in war or privateering; the assisting such,
chartering, arming or equipping,"[50]
[Footnote 50: Art. 4 of Japanese proclamation of neutrality, May 2,
1898. For. Rel., 1898, p. 879.]
The Netherlands proclamation warned all Dutch subjects under penalty
against exporting "arms, ammunition, or other war materials to the
parties at war [to include] everything that is adaptable for immediate
use in war."[51]
[Footnote 51: Art II (b) of Netherlands proclamation of neutrality. May
3, 1898. For. Rel., 1898, p. 888.]
Although the primary object of these prohibitions was the stoppage of
all dealings in articles of a contraband nature, when fairly construed
in the light of international opinion they would seem to render illegal
the wholesale dealing in horses and mules intended for army purposes by
one of the belligerents. Such animals are undoubtedly "adaptable for
immediate use in war" and were in fact a necessity for the successful
carrying on of the war. In the light of the express restrictions of the
Treaty of Wash
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