"6. Retaining another person to go beyond the limits of the United States with intent to be enlisted as aforesaid.

". Retaining another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. (But the said act is not to be construed to extend to a citizen or subject of either belligerent who, being transiently within the United States, shall, on board of any vessel of war, which, at the time of its arrival within the United States, was fitted and equipped as such vessel of war, enlist or enter himself, or hire or retain another subject or citizen of the same belligerent, who is transiently within the United States, to enlist or enter himself, to serve such belligerent on board such vessel of war, if the United States shall then be at peace with such belligerent.)

"8. Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of, any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents.

"9. Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid.

"10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the United States was a ship of war, cruiser, or armed vessel in the service of either of the said belligerents, or belonging to the subjects of either, by adding to the number of guns, of such vessels, or by changing those on board of her for guns of a larger caliber, or by the addition thereto of any equipment solely applicable to war.

"11. Beginning or setting on foot, or providing or preparing the means for, any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents.'

" 12

12 Foreign Relations U. S., 1904, p. 32.

The acts were approved as the embodiment of good practice, particularly in Great Britain. In 1819 the British Parliament passed an act embodying similar principles.13 This act remained in force till the passage of the British Foreign Enlistment Act of 1870, which enlarges the range of prohibited actions.

Thus in early times the only relations which were regarded as possible were either of peace or of war. Later there were grades of impartiality. There then developed a doctrine of general abstention of the neutral state from participation, either directly or indirectly, in the hostilities. Since the middle of the nineteenth century there has been a growing recognition of the positive obligation of the neutral state to prevent or prohibit certain acts within its territorial jurisdiction, such as use of its territory as a military base. With the development of neutrality there has also gone an increasing recognition of the right of the belligerent to carry on hostilities and the obligation of the neutral to submit to reasonable constraint because of the existence of hostilities. This duty of toleration is most frequently seen in the exercise of the right of visit and search.

The neutral rights and obligations as at present developed, therefore, involve the abstention from, the prevention of, and the toleration of certain acts. Some of these are made subjects of international agreement in the Hague Conventions of 1907, thus showing in practice the full recognition of the status of neutrality.

NEUTRALIZATION.

174. By conventions, the subjects of an agreement are sometimes given a full or a qualified neutral status,

(a) States or portions of states are sometimes neutralized. Such states are bound to refrain from offensive hostilities, but are usually permitted to keep an army for defense. The de

13 St. 59 Geo. III, c. 69.

14 St. 33 & 34 Vict. c. 90. In Regina v. Jameson [1896] 2 Q. B. 425, this act was held to be operative as to a British subject who violated it by furnishing assistance from a place outside British dominion.

gree of restraint upon the action of the state varies according to the convention. Provision was made for the perpetual neutralization of Switzerland at the Congress of Vienna, on March 20, 1815, and the Confederation agreed to its terms on May 27th of the same year.15 The neutralization of Belgium was provided for in the Treaty of London, November 15, 1831. The neutrality of the islands of Corfu and Paxo was provided for in the Treaty of London of March 29, 1864.

(b) The neutralization of commercial routes which are in the main lines of the world's commerce is considered expedient. It has been proposed that certain routes commonly traversed by commerce upon the high seas should be neutralized. The Suez Canal is neutralized by the Convention of Constantinople of October 29, 1888,16 to which nine states are parties. The Panama Canal is to a certain extent neutralized by a convention between the United States and Great Britain of November 18, 1901.17

151 Hertslet, 64.

16 Parliamentary Papers, Commercial, No. 2 (1889); Id. France, No. 1, 1904, p. 9; Holland, Studies in Int. Law, p. 269.

17 "Article III. The United States adopts, as the basis of the neutralization of such ship canal, the following rules, substantially as embodied in the Convention of Constantinople, signed the 28th October, 1888, for the free navigation of the Suez Canal, that is to say: "1. The canal shall be free and open to the vessels of commerce and of war of all nations observing these rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable.

"2. The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.

"3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the regulations in force, and with only such intermission as may result from the necessities of the service.

"Prizes shall be in all respects subject to the same rules as vessels of war of the belligerents.

(c) The conventions based upon the Geneva Convention of August 22, 1864, have for their object the exemption from the consequences of war of the matériel and personnel engaged in care of the sick, wounded, or shipwrecked in war.18

DECLARATION OF NEUTRALITY.

175. While the practice is not uniform, it is customary for a neutral state to issue a declaration making known the position it will assume during the hostilities.

Sometimes such proclamations are brief and general; others may enter into details in regard to the attitude of the state and the conduct of public and private persons. The German declaration of February 13, 1904, was brief and general.19

"4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible despatch.

"5. The provisions of this article shall apply to waters adjacent to the canal, within three marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case, shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

"6. The plant, establishments, buildings, and all work necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal."

18 Geneva Convention of July 6, 1906, Appendix, p. 508; Convention for Adaptation to Naval War of Principles of Geneva Convention, The Hague, 1907, Appendix, p. 549.

19 “German Empire-Proclamation. According to official declarations which have been made here by the Imperial Russian Government and the Imperial Japanese Government, a state of war now exists between Russia and Japan. This is hereby proclaimed, with the further announcement that it is the duty of every one within the territory of the Empire and in the German protectorates, as well as of Germans in foreign lands, to refrain from all acts contrary to the neutrality of Germany.

"Berlin, February 13, 1904. "The Imperial Chancellor,

Count von Bülow."

The Brazilian regulations of May 5, 1898, were detailed. The Brazilian regulations contained the general provision that "individuals residing in Brazil, citizens or foreigners, must abstain from all participation and aid in favor of either of the belligerents, and may not do any act which might be considered as hostile to either one of the two parties, and, therefore, contrary to the obligations of neutrality," and among the special provisions were those relating to privateers, enlistment, exportation of war material, use of telegraph, twenty-four hour sojourn of belligerent ships, entrance of prizes, coaling, provisioning, and fitting of belligerent ships of war, sailing of merchant ships, etc.20

The United States took an advanced step in 1904 in regulating by proclamation the conduct of national civil, military, and naval officials as regards their relations to belligerents.21

20 Foreign Relations U. S., 1898, p. 846. 21 "Executive order:

"White House, March 10, 1904. "All officials of the government, civil, military, and naval, are hereby directed not only to observe the President's proclamation of neutrality in the pending war between Russia and Japan, but also to abstain from either action or speech which can legitimately cause irritation to either of the combatants. The government of the United States represents the people of the United States, not only in the sincerity with which it is endeavoring to keep the scales of neutrality exact and even, but in the sincerity with which it deplores the breaking out of the present war, and hopes that it will end at the earliest possible moment and with the smallest possible loss to those engaged. Such a war inevitably increases and inflames the susceptibilities of the combatants to anything in the nature of an injury or slight by outsiders. Too often combatants make conflicting claims as to the duties and obligations of neutrals, so that even when discharging these duties and obligations with scrupulous care it is difficult to avoid giving offense to one or the other party. To such unavoidable causes of offense, due to the performance of national duty, there must not be added any avoidable causes. It is always unfortunate to bring Old World antipathies and jealousies into our life, or by speech or conduct to excite anger and resentment toward our nation in friendly foreign lands; but in a government employé, whose official position makes him in some sense the representative of the people, the mischief of such actions is greatly increased. A strong and self-confident nation should be peculiarly careful, not only of the rights, but of the susceptibilities, of its neighbors; and nowadays