towards greater stringency in respect to the articles of supply which a belligerent vessel of war may receive in a neutral port. "When vessels were at the mercy of the winds, it was not possible to measure with accuracy the supplies which might be furnished them, and, as blockades were seldom continuously effective, and the nations which carried on distant naval operations were all provided with colonies, questions could hardly spring from the use of foreign possessions as a source of supplies. Under the altered conditions of warfare matters are changed. When supplies can be meted out in accordance with the necessities of the case, to permit more to be obtained than can, in a reasonably liberal sense of the word, be called necessary for reaching a place of safety is to provide the belligerent with means of aggressive action; and, consequently, to violate the essential principles of neutrality." 1

This is indicated by the provisions of the convention in respect to maritime neutrality, which was adopted by the Second Peace Conference at The Hague of 1907:2

"In neutral ports and roadsteads belligerent war-ships may only carry out such repairs as are absolutely necessary to render them seaworthy, and may not add in any manner whatsoever to their fighting force. The local authorities of the neutral power shall decide what repairs are necessary, and these must be carried out with the least possible delay.

"Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters for replenishing or increasing their supplies of war material or their armament, or for completing their crews.

"Belligerent war-ships may only revictual in neutral ports or roadsteads to bring up their supplies to the peace standard.

"Similarly these vessels may only ship sufficient fuel to enable them to reach the nearest port in their own coun

1 Hall, pp. 607, 608; II Ortolan, p. 286; Bluntschli, § 773; Heffter, 8149; IV Calvo, § 2591.

For text of this treaty, see Appendix F, Convention No. 13.

try. They may, on the other hand, fill up their bunkers built to carry fuel when in neutral countries which have adopted this method of determining the amount of fuel to be supplied.

"If, in accordance with the law of the neutral power, the ships are not supplied with coal within twenty-four hours of their arrival, the permissible duration of their stay is extended by twenty-four hours.

"Belligerent war-ships which have shipped fuel in a port belonging to a neutral power may not within the succeeding three months replenish their supply in a port of the same power."

NEUTRALITY LAWS

Character and Purpose. Those municipal laws of a state which are intended to prevent violations of its neutrality in time of war are called, in general, neutrality laws. The title varies in different states, and in many cases is based upon the particular violation of neutrality which was first made the subject of positive legislation.'

Neutral Obligation Determined by International, not Municipal, Law. It has been seen that the neutral obligation of a state is determined by international, and not by municipal, law. The conduct of every state which assumes the position of a neutral in war is, therefore, measured by the standard of international law. If it fails in the performance of a neutral duty, it cannot plead the inefficiency of its municipal laws in extenuation of its offence, nor will an exact and rigorous enforcement of such laws be regarded as a fulfilment of its obligation if their provisions are not in accordance with the international standard. The neutrality laws of a state may therefore be, in point of effi

ciency, less than, equal to, or greater than the standard of neutral obligation as determined by the law of nations; or there may be no such municipal laws. In all these cases the responsibility of the state is precisely the same.1

Most modern states, however, have covered this field of legislation more or less completely, either with positive laws, defining rules of conduct for persons subject to their jurisdiction, and imposing suitable penalties for their violation, or by general laws, or constitutional provisions, vesting discretionary powers in certain departments of government, to be used for the purpose of preventing violations of neutrality on the part of individuals. Violations of neutral duty by a state, in its corporate capacity, are questions of state policy that are rarely made the subject of municipal legislation. Neutrality laws, as such, have chiefly to do with the acts of individuals. They permit or forbid particular acts, and vest suitable powers of enforcement in certain officials or departments of government.

2

English Neutrality Laws. The first legislation in England on the subject. of neutrality was had in the reign of James I. The statute was intended to regulate, rather than prohibit, the enlistment of British subjects in foreign services. This statute was twice amended during the reign of George II., each time in the direction of greater severity. The first general law on the subject of neutrality was the Foreign Enlistment Act passed in 1819, during the regency. It remained in force until 1870, when

the present act was passed."

"The statute of 1819 was, with a few unimportant ex

ceptions, never attempted to be enforced until the period of the American Civil War. Its deficiencies were then fully discovered, and the escape of the Alabama, the Treaty of Washington in 1871, and the Geneva Arbitration were the grave consequences.

"1

The neutrality laws now in force in the British empire are those contained in what is known as the Foreign Enlistment Act of 1870. They extend to all the dominions of her Majesty, including the adjacent territorial waters. The act forbids British subjects to accept, or agree to accept, a commission in the military or naval service of a state at war with any state with which her Majesty is at peace; to leave the realm with intent to engage in such service, or to induce another person to embark under false representations as to such service; and imposes a penalty upon any master of a ship who knowingly takes such persons on board ship, with intent to carry them to such state. It is also forbidden under severe penalties of fine and imprisonment

(a.) "To build, or agree to build, or to cause to be built, any ship with intent or knowledge, or having reasonable cause to believe, that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state."

(b.) "To issue or deliver any commission for any ship with intent or knowledge, or having reasonable cause to believe, that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state."

(c.) "To equip any ship, with intent or knowledge, or having reasonable cause to believe, that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state."

(d.) "To despatch, or cause or allow to be despatched, any ship with intent or knowledge, or having reasonable cause to believe, that the same shall or will be employed 1 III Phillimore, p. 244; II Halleck, pp 205, 206.

in the military or naval service of any foreign state at war with a friendly state."

When a ship is built by the order of a foreign state at war with a friendly state, the presumption is that it is intended for the naval service of the former state.

It is also forbidden to increase the armament, equipment, or force of such ships, or to aid in their construction or equipment, and it is also forbidden to fit out, or aid or assist in fitting out, any expedition against the dominions of a friendly state. The ships engaged in such acts are to be forfeited, and penalties of fine and imprisonment are to be imposed upon all persons violating any of the provisions of the act.1

The provisions of this act are of the most stringent character, and, if rigidly enforced, are calculated to prevent any act, on the part of any person within the jurisdiction of Great Britain, which can, in the remotest degree, compromise the neutrality of the British Government.

Neutrality Laws of the United States. The neutrality laws of the United States are chiefly contained in the acts of June 5, 1794, and April 20, 1818. By these acts it is declared a misdemeanor for any citizen of the United States to accept or exercise a commission to serve a foreign state in war against any friendly state; or to enlist, or enter himself, or hire or retain another person to enlist, or to go beyond the jurisdiction of the United States to enlist, or with intent to be enlisted, into such foreign service; or to fit out or arm, or to increase or augment the force of any armed vessel, with the intent that such vessel shall be employed in the service of a power at war with a friendly state; or to begin, set on foot, or provide or prepare the means for, any military expedition or enterprise against the territory of any foreign state with whom the United States is at peace.

The President is authorized to compel any foreign vessel to depart which, by the law of nations or by treaty, ought

1 33 and 34 Vict. chap. xc.; III Phillimore, pp. 236-242.