Is Coal Contraband of War?
Sir,—This question has now been answered, in unmistakable terms, on behalf of this country by Lord Lansdowne in his reply, which you printed yesterday, to Messrs. Powley, Thomas, and Co., and on behalf of Japan by the proclamation which appears in The Times of to-day. Both of these documents set forth the old British doctrine, now fully adopted in the United States, and beginning to win its way on the Continent of Europe, that, besides articles which are absolutely contraband, other articles ancipitis usus, and amongst them coal, may become so under certain conditions. “When destined,” says Lord Lansdowne, “for warlike as opposed to industrial use.” “When destined,” says Japan, “for the enemy’s army or navy, or in such cases where, being goods arriving, at enemy’s territory, there is reason to believe that they are intended for use of enemy’s army or navy.”
I may say that the words which I have italicised must, I think, have been mistranslated or mistransmitted. Their intention is, doubtless, substantially that which was more clearly expressed in the Japanese proclamation of 1894 by the words: “Either the enemy’s fleet at sea or a hostile port used exclusively or mainly for naval or military equipment.”
A phrase in your issue of to-day with reference to the Cardiff coal trade suggests that it may be worth while to touch upon the existence of a widely-spread confusion between the grounds on which export of coal may be prohibited by a neutral country and those which justify its confiscation, although on board a neutral ship, by a belligerent. A neutral State restrains, under certain circumstances, the export of coal, not because coal is contraband, but because such export is converting the neutral territory into a base of belligerent operations. The question of contraband or no contraband only arises between the neutral carrier and the belligerent when the latter claims to be entitled to interfere with the trade of the former.
Since the rules applicable to the carriage of coal are, I venture to think, equally applicable, to the carriage of foodstuffs, I may perhaps be allowed to add a few words with reference to the letter addressed to you a day or two ago by Sir Henry Bliss. I share his desire for some explanation of the telegram which reached you on the 12th of this month from British Columbia. One would like to know: (1) What is “the Government,” if any, which has instructed the Empress Line not to forward foodstuffs to Japan; (2) whether the refusal relates to foodstuffs generally, or only to those with a destination for warlike use; (3) what is meant by the statement that “the steamers of the Empress Line belong to the Naval Reserve”? I presume the meaning to be that the line is subsidised with a view to the employment of the ships of the company as British cruisers when Great Britain is at war. The bearing of this fact upon the employment of the ships when Great Britain is at peace is far from apparent. It is, of course, possible that the Government contract with the company may have been so drawn, ex abundanti cautela, as greatly to restrict what would otherwise have been the legitimate trade of the company.
I am, Sir, your obedient servant,
T. E. HOLLAND
Oxford, February 20 (1904).