of raw materials used in the production and operation of munitions of war, etc., I hereby bring the following to the public knowledge: The exportation and transit carriage of the following articles are prohibited: Salts of antimony and other compounds of Blue-figured cotton fabrics for stockings. antimony. Salts of ammonia and other ammonia com- Chrome salts and other chrome compounds. of patassium, of statistical number 308a. Floret silk (floss silk). Yarn of bourrette (noils of carded waste silk). Clay, raw and burned. Refuse pots and fragments from saggars Fragments of fire brick (chamotte stone). Cotton fabrics of tariff No. 456, prepared, DELBRÜCK, Deputy Imperial Chancellor. [59th proclamation.] (Imperial Advertiser No. 108, of May 10, 1915.) On the basis of §2 of the Imperial order of July 31, 1914, concerning the embargo on the exportation and transit carriage of arms, ammunition, powder, etc., I hereby bring the following to the public knowledge: The exportation and transit carriage of the following articles is prohibited: Steam turbines of all kinds. BERLIN, May 10, 1915. DELBRÜCK, Deputy Imperial Chancellor. [60th copy from No. 108 of the Imperial Advertiser of May 10, 1915.] The list of articles whose exportation and transit carriage as articles of uniform or of army equipment are forbidden (published in the unofficial part of the German Imperial Advertiser No. 6 of January 8, 1815), is to have the following addition made under II a: Army pocket compasses. BERLIN, May 10, 1915. DELBRÜCK, Deputy Imperial Chancellor. V. DECLARATION OF LONDON.1 Introduction. The Declaration of London of 1909, the work of the delegates of ten naval powers, was declared to correspond "in substance with the generally recognized principles of international law" of naval warfare. This declaration has not been ratified and proclaimed by any belligerent state. The rules published by the belligerents soon after the outbreak of the war in 1914 embodied a large part of the declaration, usually following the declaration textually so far as possible in a translation into a foreign language. The official language of the declaration was the French. From some of the articles of the declaration there has been a departure which has generally become wider as the war has progressed. It is too early for final decision as to whether these departures will be regarded as in violation of international law because not in accord with the declaration. The declaration has in any case been of great service in furnishing a standard to which reference could be had in testing acts involving the rights of neutrals and belligerents. It may be reasonable to suppose that the principles embodied in the declaration will receive serious consideration in determining the validity of acts covered by its provisions. The Declaration of London and reference to some of its relations to the conduct of hostilities since July, 1914, is exhibited on pages 100 to 117. The Senate of the United States advised the ratification of this declaration, April 24, 1912. The declaration was never proclaimed. Negotiations concerning declaration of London, 1914.– The attempt of the United States to secure the observance of the principles of the declaration in 1914 is shown in the following correspondence: 1 The complete French and English text of the declaration of London, with the official report, is printed in Naval War College, International Law Topics, 1909. File No. 763.72112/48a.] The Secretary of State to Ambassador W. H. Page.1 [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, August 6, 1914, 1 p. m. Mr. Bryan instructs Mr. Page to inquire whether the British Government is willing to agree that the laws of naval warfare as laid down by the Declaration of London of 1909 shall be applicable to naval warfare during the present conflict in Europe provided that the Governments with whom Great Britain is or may be at war also agree to such appli cation. Mr. Bryan further instructs Mr. Page to state that the Government of the United States believes that an acceptance of these laws by the belligerents would prevent grave misunderstandings which may arise as to the relations between neutral powers and the belligerents. Mr. Bryan adds that it is earnestly hoped that this inquiry may receive favorable consideration. File No. 763.72112/81.] Ambassador Penfield to the Secretary of State. [Telegram.] AMERICAN EMBASSY, Vienna, August 13, 1914-8 p. m. Your August 6th. Austria-Hungarian Government have instructed their forces to observe stipulations of Declaration of London as applied to naval as well as land warfare during present conflict conditional on like observance on part of the enemy. PENFIELD. File No. 763.72112/102.] Chargé Wilson to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, St. Petersburg, August 20, 1914-2 p. m. Mr. Wilson refers to Department's August 19, 4 p. m., and reports that the Russian Government is still awaiting the decision of the British Government, as Russia will take similar action. Mr. Wilson adds that the Foreign Office does not expect that Great Britain will decide to observe the Declaration of London. 1 (Same mutatis mutandis to: The American Embassies at St. Petersburg, Paris, Berlin, and Vienna, and the American Legation at Brussels.) File No. 763.72112/108.] Ambassador Gerard to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Berlin, August 22, 1914-12 midnight. Mr. Gerard refers to Department's August 19, 4 p. m., and says his August 20, 1 a. m., by way of Copenhagen, states that the German Government will apply the Declaration of London, provided its provisions are not disregarded by other belligerents. File No. 763.72112/126.] No. 420.] Ambassador W. H. Page to the Secretary of State. AMERICAN EMBASSY, London, August 27, 1914. SIR: I have the honor to transmit herewith inclosed a copy of the note from the Foreign Office I telegraphed you on the 26th instant (No. 483) defining the attitude of the British Government with regard to the so-called Declaration of London, 1909, together with a copy of a memorandum which accompanied the note, and a copy of the King's order in council of the 20th instant relating to this matter. There will also be found attached a copy of a circular note I have just received from the Foreign Office relating to the same order in council and to the rules governing the proceedings in the British prize courts. Another copy of the King's order in council of the 20th instant, which accompanied the circular note, is inclosed herewith, and there will be found as well, in the pouch which accompanies this dispatch, six copies of the Prize Court Rules. I have, etc., WALTER HINES PAGE. [Inclosure 1.] The Minister for Foreign Affairs to Ambassador W. H. Page. No. 37230/14.] FOREIGN OFFICE, London, August 22, 1914. YOUR EXCELLENCY: On the 7th instant you were so good as to address to me a note inquiring, pursuant to instructions from the Secretary of State at Washington, whether His Majesty's Government were willing to agree that the laws of naval warfare, as laid down by the Declaration of London, 1909, should be applicable to naval warfare during the present European conflict, provided that the Governments with whom Great Britain is at war, or with whom her relations are not normal, also agree to such application. Your excellency added that it was the belief of your Government that the acceptance of these laws by the belligerents would prevent the possibility of grave misunderstandings as to the relations between belligerents and neutrals. I have the honor to inform your excellency that His Majesty's Government, who attach great importance to the views expressed in your excellency's note and are animated by a keen desire to consult so far as possible the interests of neutral countries, have given this matter their most careful consideration and have pleasure in stating that they have decided to adopt generally the rules of the declaration in question, subject to certain modifications and additions which they judge indispensable to the efficient conduct of their naval operations. A detailed explanation of these additions and modifications is contained in the inclosed memorandum. The necessary steps to carry the above decision into effect have now been taken by the issue of an order in council, of which I have the honor to inclose copies herein for your excellency's information and for transmission to your Government. I may add that His Majesty's Government, in deciding to adhere to the rules of the Declaration of London, subject only to the aforesaid modifications and additions, have not waited to learn the intentions of the enemy Governments, but have been actuated by a desire to terminate at the earliest moment the condition of uncertainty which has been prejudicing the interests of neutral trade. I have, etc., E. A. CROWE. [Inclosure 2.] MEMORANDUM. 1. The lists of contraband already published by His Majesty are substituted for those contained in articles 22 and 24 of the Declaration of London. Lists similar to those published by His Majesty have been issued by the French Government. 2. His Majesty's Government do not feel able to accept in its entirety the rule laid down in article 38 of the declaration. It has been the practice of the British Navy to treat as liable to capture a vessel which carried contraband of war with false papers if she was encountered on the return voyage, and to this exception His Majesty's Government feel it necessary to adhere. 3. The peculiar conditions in the present war due to the fact that neutral ports such as Rotterdam are the chief means of access to a large part of Germany and that exceptional measures have been taken in the enemy country for the control by the Government of the entire supply of foodstuffs have convinced His Majesty's Government that modifications are required in the applications of articles 34 and 35 of the declaration. These modifications are contained in paragraphs 3 and 5 of the accompanying order in council. 4. Article 15 of the declaration contains a provision as to presumptive knowledge of the blockade in certain cases if the vessel has sailed from a neutral port. No mention is made of British or allied enemy ports. These omissions are supplied by article 4 of the order in council. |