Some Questions of International Law. nection is that of the armed transport Lena, a converted cruiser of the Russian Volun teer Navy, which arrived at the port of San Francisco on September n. Her captain stated that the ship's engines .and boilers needed repairs. It was believed at the time that the vessel was on a cruising expedition with the object of preying upon neutral commerce or of capturing Japanese vessels in the Pacific. The Japanese Consul at San Francisco promptly demanded that the ves sel be required to leave within twenty-four hours. Mr. Stratton, the Collector of the Port, refused to permit an inspection of the ship by the Japanese Consul, rightly insist ing that "the neutrality of the United States will be maintained without regard to any re quest or act of the Japanese Consul," and that "this matter is between the United States and the Russian Government."1 An inspection of the vessel by the American naval authorities showed that the boilers were in such a bad condition that, although the ship could make ten knots an hour with them, it would not be seaworthy in a storm. It was estimated that she would need six weeks for temporary repairs. In the mean time all necessary precautions were taken to prevent interference or the sending in to the vessel of unauthorized supplies. Acting upon the written request of the commander of the Lena addressed to Rear Admiral Goodrich. President Roosevelt is sued an order on September 15 that the Russian cruiser be disarmed and taken in custody by the United States naval authori ties until the close of the war between Rus sia and Japan. In stating the law or custom which has 'See the New York Times and Chicago Tribune for September 13, 1904. "'The main features of the conditions pre scribed are that the Lena be taken to the Mare Island Navy Yard and there disarmed by re moval of small guns, breech blocks of large guns, small arms, ammunition and ordnance stores and such other dismantlement as may be prescribed by the commandant of1 the navy yard: that the captain give a written guarantee that the Lena shall not leave San Francisco until peace shall
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hitherto been generally supposed to govern such cases, it should be observed in the first place that the so-called Right of Asylum of belligerent armed ships in neutral ports only exists, as a matter of strict law, in cases where the vessels are driven into port by stress of weather or when they have been otherwise reduced to an unseaworthy condi tion; but permission to .enter a port and en joy its hospitality, at least for a short time, is assumed in the absence of any express notice to the contrary/1 "Nevertheless it is a privilege based upon the consent of the neutral, and therefore capable of being ac companied by any conditions he chooses to impose."4 As stated by Hall, it has hither to generally been held that "a vessel of war may enter and stay in a neutral harbor with out any special reasons; she is not disarmed on taking refuge after defeat; she may ob tain such repair as will enable her to con tinue her voyage in safety; she may take in such provisions as she needs, and if a steamer she may fill up with coal; nor is have been concluded; that the officers and crew shall be paroled not to leave San Francisco until some other understanding as to their disposal may be reached between the United States Gov ernment and both the belligerents; that after dis armament the vessel may be removed to a private dock for such reasonable repairs as will make her seaworthy and preserve her in good condition during her detention, or may be so repaired at the navy yard if the Russian commander shoul! so select; that while at a private dock the com mandant of the navy yard at Mare Island shall have custody of the ship and the repairs shall be overseen by an engineer officer to be detailed by the commandant and that, when so repaired, if peace shall not then have been concluded, the ves sel shall be taken back to the Mare Island Navy Yard and be there held in custody until the end of the war."— From the Army and avy Journal for September 17, 1904. It was finally agreed be tween the United States and Russia that the "offi cers and crews of the Lena shall have the freedom of San Francisco, but that they may not go be yond the bounds of the city during the present war nor return to Russia, except upon the con clusion of an agreement upon this point between Russia and Japan." Washington Dispatch to the London Times for September 19, 1904. 'See Exchange v. McFaddon, cited above. 'Lawrence, Principles, p. 509. Such conditions must, however, be impartially applied to both belligerents.
