CARRIAGE OF MILITARY DISPATCHES.

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Speaking of the general subject of carriage of dispatches by neutral ships Hall says:

Despatches not being necessarily noxious, a neutral carrier is not necessarily exposed to a penalty for having made a specific bargain to carry them. He renders himself liable to it only when there is reasonable ground for belief that he is aware of their connection with purposes of war. As the bearer of letters can not be assumed to be acquainted with their contents, the broad external fact of their destination is taken as the test of their character, and consequently as the main ground for fixing him with or exonerating him from responsibility. Two classes of despatches are in this manner distinctly marked. Those which are sent from accredited diplomatic or consular agents residing in a neutral country to their government at home, or inversely, are not presumably written with a belligerent object, the proper function of such agents being to keep up relations between their own and the neutral state. The despatches are themselves exempt from seizure, on the ground that their transmission is as important in the interests of the neutral as of the belligerent country; and to carry them therefore is an innocent act. Those on the other hand which are addressed to persons in the military service of the belligerent, or to his unaccredited agents in a neutral state, may be presumed to have reference to the war, and the neutral is bound to act on the presumption. If therefore they are found, when discovered in his custody, to be written with a belligerent purpose, it is not open to him to plead ignorance of their precise contents; he is exonerated by nothing less than ignorance of the fact that they are in his possession or of the quality of the person to whom they are addressed. (Hall, International Law, 5th ed., p. 675.)

The service rendered by the means of the telegraph may be vastly more important for the issue of the war than any service through the transmission of dispatches by ships or messengers. The element of time, so vital in military operations, is practically eliminated by the use of the telegraph in communication.

In the general operations of war the present network of cable and telegraph lines furnishes, if allowed to be used freely for military purposes, means of information far more effective than any system of scouts in making known hostile movements and in anticipating the enemy.

Use of cables during Spanish-American war of 1898.The cables from neutral points during the Spanish-American war in 1898 both furnished information and transmitted military dispatches to the United States, indeed the cables did much in the way of furnishing information. which the scouting vessels were unable to obtain. The

telegraph also furnished the general information in regard to movements of the forces.

There were but few instances in which any objection was offered by neutral authorities to entire freedom of use of cable and telegraph lines.

That the consular and other representatives will be expected to take advantage of telegraphic communication for warlike purposes is evident from such instructions as were issued by the United States in 1898:

DEPARTMENT OF STATE,

To the consular officers of the United States:

Washington, April 15, 1898.

GENTLEMEN: You are hereby instructed to keep a sharp lookout for the arrival and departure of Spanish war ships or other suspicious vessels that may possibly be fitting out as privateers, and to telegraph at once to the Department full information in the matter when in your discretion it seems of sufficient importance. In the case of suspected privateers you will also inform the diplomatic representative of the United States, if there be one in your country, in order that he can make proper representations to the Government, with a view of preventing the vessel's departure, if possible.

If there be no diplomatic representative in the country where you are stationed or if you be in a colonial dependency, like representations should at once be made through the consul-general, if there be one, or if not, by you directly to the local authority. You will also be alert to catch anything that will be of interest or value in case hostilities begin, and keep the Department fully advised.

All consuls will be expected to remain at their posts during the continuance of the present conditions, and leaves of absence will only be granted in very exceptional cases and for reasons of the greatest urgency.

Respectfully, yours,

WILLIAM R. DAY,

Assistant Secretary.

(Foreign Relations, U. S., 1898, p. 1169.)

Attitude of foreign governments.-Apparently, as telegraphic communication was not closed, the sending of telegrams in regard to the war was not regarded as the use of a port "for any warlike purpose."

The government notice issued from the office of the colonial secretary in Jamaica, April 23, 1898, regarding the Spanish-American war states that

During the continuance of the present state of war, all ships of war of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom, the Isle of Man, or the Channel Islands, or in any of

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Her Majesty's colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities for warlike equipment.

The Spanish Red Book of 1898, containing the diplomatic negotiations of that State during the SpanishAmerican war, contains many references to the matter of regulation of telegraphic communication, particularly by means of submarine cables. The Spanish authorities demanded that the use of the cable between Mole St. Nicholas and Santiago be suspended so soon as Santiago should be occupied by American troops. The company claimed that it could not do otherwise than affirm that its continued action was under vis major (communications No. 59 and 65). Other protests were entered in regard to the use of cables touching neutral points, but few definite conclusions were reached.

It is evident that the general opinion in 1898 was that messages in regard to the war could be received and transmitted from neutral points in the absence of express prohibition. The representative of one of the belligerents was forbidden to telegraph the arrival of the Oregon at the Barbadoes. The authorities, however, learning that the representative of the other belligerent had informed his Government of the arrival, allowed like privileges to both.

At other points telegrams were subjected to delay. In other cases more specific action was taken.

Portugal took definite action to secure the telegraphic service of that country against violation of neutrality in 1898 by discontinuing a portion of the service. The following is the announcement

DIRECTION OF THE TELEGRAPHIC AND POSTAL SERVICES,

DEPARTMENT OF TELEGRAPHS.

It is announced by superior order that at the semaphoric stations on the Continent, the Azores, and Madeira the telegraphic sea-notice service has been discontinued (to which reference is made in articles 274, 275, 276, 277, and 278 of the regulations relative to telegraphic correspondence of December 10, 1892) as regards that portion of it which relates to the appearance, entrance, and departure of war vessels of all nationalities; but the other semaphoric services mentioned in articles 265 to 273 of the said regulations,

and in articles 62 and 63 of the international telegraphic regulations (Budapest revision), will be continued.

Direction of the telegraphic and postal services, April 27, 1898.

For the director-general of posts and telegraphs.

(Foreign Relations of U. S., 1898, p. 895.)

ALFREDO PEREIRA.

The Publication for the Danish West India Islands in the Spanish-American war of 1898 says:

Furthermore, dispatches from or to any of the governmental authorities of any of the belligerent powers are liable to be considered as contraband of war, which it is forbidden to carry.

If it is forbidden to carry such dispatches on board neutral ships, it might be even more reasonable to prohibit their transmission by the more expeditious means of the telegraph; for the neutral alone can guard against the transmission of hostile dispatches by telegraph except so far as submarine or other lines are liable to interruption by the belligerents. The belligerent can not guard against such action as effectively as in transportation of dispatches by ship.

Les particuliers, ressortissant à un État neutre, qui expédient de la contrebande de guerre, le font à l'insu de leur gouvernement, et celui-ci ne peut être responsable d'actes qu'il a ignorés. La situation n'est plus la même quand il s'agit de l'emploi des câbles. Dans la plupart des pays, le télégraphe constitue un service public et chaque État, en concédant le droit d'atterrissement à des Compagnies privées, leur impose des obligations spéciales, notamment celle de ne pouvoir transmettre de correspondances que par l'intermédiaire de ses bureaux. L'État, auquel les articles 7 et 8 de la convention de Saint-Pétersbourg accordent un droit de contrôle sur le service international, a donc le devoir de surveiller les télégrammes; il doit s'abstenir de transmettre ou de délivrer les dépêches qui lui paraitraeint contraires à l'impartialité qui doit régir ses relations avec les belligérants. En agissant autrement, il donne une aide indirecte à l'un des belligérants et sa conduite justifie des mesures de rigueur contre le câble. L'État neutre devrait même, pour faire connaître aux particuliers et aux autres États son intention de ne favoriser par ce moyen aucun des belligérants, insérer dans sa déclaration de neutralité des dispositions semblables à celles qui furent édictées par le Brésil en 1898.

(F. Rey in Revue Générale de Droit International Public, 1901, 737.)

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By the fifth section of the neutrality proclamation of Brazil in 1898:

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It is prohibited citizens or aliens residing in Brazil to announce by telegraph the departure or near arrival of any ship, merchant or war, of the belligerents, or to give to them any orders, instructions, or warnings, with the purpose of prejudicing the enemy.

This position implies that the telegraph lines can be used only for innocent purposes. It is doubtful, however, whether this prohibition as worded would cover a message sent by the commander of a belligerent war vessel.

The inference would certainly be that a cipher message presented by a naval officer for transmission from a neutral port to his home government would be military in its nature. Even in the absence of statement by the neutral, by proclamation or otherwise, in regard to the use of the telegraph by the belligerents, it would be entirely proper for a neutral to forbid such use as being of the nature of unneutral service which would probably lay the means of the service open to interruption by the other belligerent, and this with just cause.

Conclusion. The action of the neutral authorities would be correct and justly within their rights. Hence the protest of the commander in the first instance need not be entertained by the neutral.

(b) Government censorship.-The refusal of the neutral authorities to allow the transmission of an openly worded message unless allowed to reword the message without materially changing its apparent meaning, and the claim of the neutral authorities to the right to refuse to transmit any portions of the message, provided they give notice to the commander what portions of the message will not be transmitted, is next brought under consideration.

It has been granted that the refusal of the neutral to receive a dispatch apparently military in character and in cipher is clearly within the rights of the neutral.

It is not difficult to understand that an openly worded dispatch apparently innocent upon its face, when read in accordance with a prearranged code, may be in reality a cipher dispatch, and it is against such a contingency that the neutral authorities seem to be guarding. The protest of the commander against the rewording of the