[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link book
Letters To """"The Times"""" Upon War And Neutrality (1881-1920)

CHAPTER VII
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Opinions were so much divided upon the point, that no mention of it is made in Convention No.vii.of that year, ratified by Great Britain on November 27, 1909, "as to the transformation of merchant vessels into ships-of-war." At the session of the Institut de Droit International held at Oxford in 1913, this question was discussed, and rules relating to it will be found in Section 2 of the _Manuel des lois de la guerre maritime_, the drafting of which occupied the whole of the session.
THE _ALLANTON_ _( Unqualified Captors)_ Sir,--The indignation caused by the treatment of the _Allanton_ is natural, and will almost certainly prove to be well founded; but Mr.
Rae, in the letter which you print this morning, overstates a good case.
He asks that, "whatever steps are taken for the release of the _Malacca_, equally strong steps should be taken for the release of the _Allanton_"; and he can see no difference between the cases of the two ships, except that the former is owned by a powerful company in the habit of carrying British mails, while the latter is his private property.
One would have supposed it to be notorious that the facts which distinguish the one case from the other are, first, that the capture of the _Malacca_ was effected by a vessel not entitled to exercise belligerent rights; and, secondly, that Great Britain is prepared to claim the incriminated cargo as belonging to the British Government.
Capture by an unqualified cruiser is so sufficient a ground for a claim of restoration and compensation that, except perhaps as facilitating the retreat of Russia from a false position, it would seem, to say the least, superfluous to pray in aid any other reason for the cancellation of an act unlawful _ab initio._ I have not noticed any statement as to the actual constitution of the prize Court concerned in the condemnation of the _Allanton._ Under Rule 54 of the Russian Naval Regulations of 1895, a "Port Prize Court" must, for a decree of confiscation, consist of six members, of whom three must be officials of the Ministries of Marine, Justice, and Foreign Affairs respectively.

An "Admirals' Prize Court," for the same purpose, need consist of only four members, all of whom are naval officers.
I am, Sir, your obedient servant, T.E.HOLLAND.
Oxford, July 25 (1904).
_( Note upon the Declaration of London)_ The British delegates to The Hague Conference of 1907 were instructed that H.M.Government "are ready and willing for their part, in lieu of endeavouring to frame new and more satisfactory rules for the prevention of contraband trade in the future, to abandon the principle of contraband of war altogether, thus allowing the oversea trade in neutral vessels between belligerents on the one hand and neutrals on the other, to continue during war without any restriction," except with reference to blockades.

This proposal, fortunately, was not accepted by the Conference, which was unable even to agree upon lists of contraband articles, and recommended that the question should be further considered by the Governments concerned, _Parl.

Paper, Miscell._ No.

1 (1908), p.


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