time in the absence of the neutral's own declaration to that effect, it is nevertheless in a high degree incumbent upon a neutral State to enforce the rule.

The technical correctness of the action of the commander in waiting twenty-four hours may be admitted, provided that it is granted that belligerent vessels may seek a neutral port in order to escape capture or defeat at the hands of the enemy.

Twenty-four hour rule in proclamations. The proclamations of neutrality of the various States at the time of the Spanish-American war show the current of opinion. The regulation of Great Britain, which in spirit serves as a model to a large number of others, is as follows upon this point:

GREAT BRITAIN.

RULE 2. If there is now in any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown any ship of war of either belligerent, such ship of war shall leave such port, roadstead, or waters within such time (not less than twenty-four hours) as shall be reasonable, having regard to all the circumstances and the condition of such ship as to repairs, provisions, or things necessary for the subsistence of her crew; and if after the date hereof any ship of war of either belligerent shall enter any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown, such ship shall depart and put to sea within twenty-four hours after her entrance into any such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs, in either of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be nesessary for her immediate use; and no such vessel which may have been allowed to remain within British waters. for the purpose of repair shall continue in any such port, roadstead, or waters for a longer period than twenty-four hours after her necessary repairs shall have been completed. Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war or merchant ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of Her Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war or merchant ship) of the one belligerent, and the subsequent departure therefrom of any ship of war of the other belligerent; and the time hereby limited for the departure of such ships of war respectively shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but no further or otherwise.

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(The same communication is sent by Lord Lansdowne to the Lords Commissioners of the Admiralty, etc., February 10, 1904.)

The British regulation would make it obligatory for a belligerent vessel to depart at the end of the twentyfour hour period, unless, on account of necessary repairs, provisions, stress of weather, or presence in port of a ship of the other belligerent.

The colonial regulations are in some instances more detailed.

China in the main follows Great Britain, though requiring the officials in charge of the port to compel the vessel to leave at the expiration of the period.

CHINA.

(2) After issuance of this proclamation, should any war ship of either belligerent come into a Chinese port, except on account of heavy winds or storms, or to obtain food for crews or for repairs, it must not remain over twenty-four hours, and the officials in charge of the port or waterway must, at the end of twenty-four hours, compel said boat to leave, and must not permit the loading of more provisions than are actually needed by the crew. In case of repairs, the ship must leave within twenty-four hours after repairs are completed. No delay must be premitted. War or merchant ships, of whichever nation, in a Chinese port, must be separated in leaving by twenty-four hours' time, and must not leave before or remain longer than said time.

The proclamation of Japan is more general, as is the Netherlands proclamation and the Dutch West Indies regulations:

JAPAN.

2. No man-of-war or other ship belonging to one or the other of the belligerent powers shall be permitted to commit any act of war or visit, search, or capture merchantmen within the territorial waters of the Empire. Neither shall such man-of-war or such other ship be allowed to make use of any portion of the territorial waters of the Empire as the basis or headquarters of naval operations or for any warlike purposes whatever.

3. The men-of-war and other ships used for warlike purposes, belonging to one or the other of the belligerent powers, may enter any of the ports that are open to ships for ordinary purposes of navigation, but should not stay in the waters of such port longer than twenty-four hours. In case when such men-of-war or such other ships used for warlike purposes have been compelled to seek the waters of such port on account of unavoidable circumstances, such as stress of weather, destitution of articles necessary for

navigation, or disablement, and are unable to quit the port within twentyfour hours, they should leave the territorial waters of the Empire as soon as such circumstance or circumstances shall have ceased to exist.

NETHERLANDS.

ARTICLE I. The vessels and ships of war of the parties at war shall be admitted to the Kingdom's sea channels, mentioned in article 1 of the royal order of February 2, 1893 (Official Gazette, No. 46), with due observance of the further provisions of that order, for a sojourn not exceeding twenty-four hours, unless it is absolutely necessary that a longer sojourn be granted them, either for the procuring of provender or coal or in case of distress or dangers of the sea.

DUTCH WEST INDIES.

ARTICLE I. Ships and vessels of war of the belligerents will be admitted to the harbors and roadsteads of the colony for a stay of twenty-four hours at most, unless it is shown to be necessary to grant them a longer stay to enable them to provide themselves with provisions or coal, or in cases of distress or in dangers of the sea. In such cases, however, they must depart as soon as they have finished taking in provisions or coal, within the first twenty-four hours, if possible; otherwise, as quickly as practicable, as soon as the danger is past, and in the case of repairs within twenty-four hours at the furthest after the repairs have been finished. The period of twentyfour hours at the utmost fixed for the stay in port shall be exceeded only when necessary to the execution of the provisions of article 5 of this publication. Such quantity of provisions may be taken on board as is sufficient for the subsistence of the crew, but the supply of coal must not be more than sufficient to enable the ship or vessel to reach the nearest port of the country to which it belongs or that of one of its allies in the war. The same vessel shall not be supplied a second time with coal until at least three months have elapsed since the former supply, unless special permission be granted to that effect.

The Italian regulation is concise and definite.

ITALY.

ART. VII. No belligerent ship of war or cruiser can remain more than twenty-four hours in a port or roadstead, or on the coasts of the Kingdom, or in the adjacent waters, even when it comes there alone, except in case of arrival under stress on account of bad weather, of damages, or want of the necessary provisions for the safety of the voyage.

For Russia a longer delay than twenty-four hours requires special Imperial authorization.

RUSSIA.

The Imperial Government further declares that the ships of war of two belligerent powers may only enter Russian ports for twenty-four hours. In case of stress of weather, absence of goods or provisions necessary to

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the maintenance of the crew, or for indispensable repairs, the prolongation of the above-mentioned time can only be accorded by special authorization of the Imperial Government.

The proclamation of Brazil, one of the fullest in its provisions, makes definite reference to the refuge from the enemy.

BRAZIL.

No war ship or privateer shall be permitted to enter and remain with prizes in our ports or bays during more than twenty-four hours, except in case of a forced putting into port, and in no manner shall it be permitted to it to dispose of its prizes or of articles coming out of them.

By the words "except in case of a forced putting into port" should also be understood that a ship shall not be required to leave port within the said time:

First. If it shall not have been able to make the preparations indispensable to enable it to go to sea without risk of being lost.

Second. If there should be the same risk on account of bad weather. Third, and finally, if it shall be menaced by an enemy.

In these cases it shall be for the Government, at its discretion, to determine, in view of the circumstances, the time within which the ship should leave.

Conclusion. It may be said in regard to the protest · of the commander that he is in the main justified in making a protest against a sojourn of longer than twentyfour hours on the part of the war vessel of State X unless the sojourn be on the grounds of special necessity and not for military reasons. In this position the opinions of writers and the general drift of neutrality proclamations agree.

Internment. (b) The question next arising is in regard to the proper course of action of State Y, a neutral, in view of the fact that the belligerent vessels of State X have sought her port to escape the capture by the vessels of the United States.

Land forces thus entering neutral territory are interned for the remainder of the war. Some maintain that the same course should be pursued in regard to maritime forces.

Unmanned vessel in neutral port.-The completed torpedo boat Somers belonging to the United States was not allowed to leave the British port for military purposes during the Spanish war. The dispatches concerning this boat show that the boat was practically interned.

Mr. Hay to Mr. White.

DEPARTMENT OF STATE, Washington, November 19, 1898. SIR: In view of a letter from the Secretary of the Navy, dated the 15th instant, you are instructed to make, if practicable, arrangements with the British Government permitting the bringing to the United States of the torpedo boat Somers, now stored at Falmouth, England, giving assurance that in case of the resumption of hostilities with Spain this vessel will not be made use of.

I am, etc.,

Mr. White to Mr. Hay.

AMERICAN EMBASSY,

JOHN HAY.

London, December 10, 1898.

SIR: Referring to your instruction 959, of the 19th ultimo, I have the honor to inform you that upon the day of its receipt I called at the foreign office and had an interview with Mr. Assistant Under Secretary Villiers, through whom I requested Her Majesty's Government to allow the torpedo boat Somers to leave Falmouth, on the understanding that in the event of a renewal of hostilities between ourselves and Spain she should not be made use of.

I subsequently addressed a note, of which I inclose a copy, to the Marquis of Salisbury on the subject, and you will observe from his lordship's reply, which is also transmitted herewith, that our request has been granted. I yesterday communicated this fact to you by a telegram, whereof I inclose a copy.

I have, etc.,

Mr. White to Lord Salisbury.

HENRY WHITE.

AMERICAN EMBASSY,

London, December 1, 1898.

MY LORD: I have the honor, in accordance with instructions from the Secretary of State, to invite the good offices of your lordship with a view to obtaining the consent of Her Majesty's Government to the departure from Falmouth, where she has been stored since the outbreak of the war, of the United States torpedo boat Somers.

I am instructed, in making this request, to give assurance to your lordship, in behalf of my Government, that in case hostilities should unfortunately be resumed with Spain, which would now appear to be highly improbable, the Somers will not be made use of, and I venture to hope that, upon this understanding, Her Majesty's Government may see their way to allow her to leave for the United States.

I have, etc., i

HENRY WHite.