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The Green Bag.

tides absolutely and conditionally contra others which may be used for a warlike pur band was apparently ignored. This list was pose, if they are transported on the account of, or are destined for, the enemy.1 as follows:— 1. Small arms of every kind, and guns, 'This version, which differs somewhat from mounted or in sections, as well as armour that published in the American newspapers, is the one given by T. J. Lawrence in his recent work, plates. War and Neutrality in the Far East, pp. 152-53. 2. Ammunition for fire-arms, such as The meaning of the words others and enemy in article lo arc ambiguous. As Secretary Hay says projectiles, shell-fuses, bullets, priming, car in his note of August 30, 1904, which contains the tridges, cartridge-cases, powder, saltpetre, protest of the United States against the decision of the Russian prize court at Vladivostok in the sulphur. case of the Arabia, to Mr. McCormick, our am 3. Explosives and materials for causing bassador at St. Petersburg: "The ambiguity of meaning which characterizes explosions, such as torpedoes, dynamite, the language of this clause, lending itself to a double interpretation, left its real intendment pyroxyline. various explosive substances, doubtful. The vagueness of the language, used in wire conductors, and everything used to ex so important a matter, where a just regard for the rights of neutral commerce required that it plode mines and torpedoes. should be clear and explicit, could not fail to ex 4. Artillery, engineering, and camp cite inquiry among American shippers, who, left in doubt as to the significance attributed by His equipment, such as gun carriages, ammu Imperial Majesty's Government to the word nition wagons, boxes or packages of car 'enemy'—uncertain as to whether it meant 'enemy government or forces' or 'enemy ports or terri tridges, field kitchens and forges, instru tory'—have been compelled to refuse the ship ment wagons, pontoons, bridge trestles, ment of goods of any character to Japanese ports. The very obscurity of the terms used seemed to barbed wire, harness, etc. contain a destructive menace, even to legitimate 5. Articles of military equipment and American commerce. "In the interpretation of clause 5 of article 10. clothing, such as bandoliers, cartridgeand having regard to the traditional attitude of boxes, knap-sacks, straps, cuirasses, en His Imperial Majesty's Government, as well as to the established rule of International Law. with re trenching tools, drums, pots and pans, sad spect to goods which a belligerent may or may dles, harness, completed parts of military not treat as contraband of war. it seemed to the Government of the United States incredible that uniforms, tents, etc. the word autres (others), or the word I'encmi 6. Vessels bound for an enemy's port, (enemy), could be intended to include as contra band of war foodstuffs, fuel, cotton and all other even if under a neutral commercial flag, if articles destined to Japanese ports, irrespective it is apparent from their construction, in- . of the question whether they were intended for the support of a non-combatant population or for terior fittings, and other indications that the use of the military or naval forces. In its cir they have been built for warlike purposes, cular of June IO last, communicated by you to the Russian Government, the department inter and are proceeding to an enemy's port in preted the word enemy in a mitigated sense, as order to be sold or handed over to the en well as in accordanc with the enlightened and hu mane principles of Internationa! Law. and. there emy. fore, it treated the word enemy, as used in the 7. I Soilcrs and every kind of naval ma context, as meaning 'enemy government or forces,' and not the 'enemy ports or territory.' chinery, mounted or unmounted. "But if a benign interpretation was placed on the language used, it is because such an interpre 8. Every kind of fuel, such as coal, naph tation was due to the Russian Government, be tha, alcohol and other similar materials. tween whom and the United States a most valued and unbroken friendship lias always existed, and 9. Articles and material for the installa it was no less due to the commerce of the latter, tion of telegraphs, telephones, or for the inasmuch as the broad interpretation of the lan guage used would imply a total inhibition of legi construction of railroads. timate commerce between Japan and the United то. Generally, everything intended for States, which it would be impossible for the lat ter to acquiesce in. warfare by sea or land, as well as rice, pro "Whatever doubt could exist as to the meaning visions and horses, beasts of burden and of the Imperial Order has been apparentlv re