A neutrai will not permit a belligerent's ship to coal in its ports except in case of necessity, and then only to the extent nec essary to carry them to their nearest home port ; and a belligerents vessel cannot take on coal again at any port of such neutral within three months. See 13 H. C. (1907) arts. 19-20.
It was formerly held that citizens of a neutral state may send armed vessels as well as munitions of war to a belligerent port for sale ; The Santissima Trinidad, 7 Wheat. (U. S.) 283, 5 L. Ed. 454; though they would be subject, of course, to capture as contraband. But this doctrine has been modified as between the United States and Great Britain by the treaty relating to the Alabama claims, by which those nations agreed that "A neutral state is bound : 1. To use due diligence to prevent the fitting out, arming, or equipping, etc., within its jurisdiction, of any vessel which it has reasonabie ground to believe is intended to cruise or carry on war against a power with which it is at peace, and also to use due diligence to prevent the departure from its jurisdiction of any vessel, etc., such ves sel having been specially adapted, in whole or in part, within such jurisdiction, to war like use." 2. "Not to permit or suffer either belligerent to make use of its ports or wa ters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men." A. belligerent may capture certain articles as contraband of war when carried in neu tral ships and having a hostile destination. See 13 H. C. (1907) arts. 5, 8. This includes munitions of war. Other articles are of doubtful use, ancipitis usus, and may be contraband or not according to circumstan ces. There is no settled definition of contra band, nor any practice in regard to its exact limits. Provisions, money, or coal destined for the use of a belligerent army or fleet have been included 'within the term. Coal is declared contraband in the proclamation of President McKinley, April 26, 1898, and by the British government on the breaking out of the Hispano-American war. Where
things are of doubtful use, that is, occasion al contraband, they are not usually confiscat ed, but are bought by the captor at a fair price. This is called Pre-emption (q. v.), and usually applies to cargoes of provisions. See CONTRABAND; 1 Kent 138.
The question whether a belligerent may take the goods of its enemy, not contra band, which are being carried in a neutral ship, has been much discussed, and also whether innocent goods of a neutral can be transported in a belligerent's vessel with out being confiscated when the vessel is captured. Formerly it was held that a belligerent might take enemy's goods from neutral custody, on the high seas. But the Declaration of Paris changed the rule of the nations, except in the case of the United States, Spain, and Venezuela, and a neutral flag now covers enemy's goods with the ex ception of contraband of war. This is a general rule of international law, although some treaties made by the United States have laid down a different rule; Snow, Int. Law 164; it was applied by the United States during the war of the Rebellion; 1 Kent 128; and adopted by it in the Hispano-Amer ican war of 1898.
By the Declaration of Paris (q. v.) the following principles were adopted : The neutral flag covers enemy's goods, except contraband of war. Neutral goods, except contraband of war, are not liable to cap ture under an enemy's flag.
Neutral goods on an armed belligerent cruiser are not subject to capture, though there was resistance to capture by the ves sel, provided the neutral owner did not aid in the armament or the resistance, not withstanding he had chartered the whole vessel and was on board at the capture; The Nereide, 9 Cra. (U. S.) 388, 3 L. Ed. 769; The Atalanta, 3 Wheat. (U. S.) 409, 4 L. Ed. 422. British practice is, however, to the contrary ; 1 Dods. 443. If the neutral vessel is in the direct employ of the enemy, both ships and goods are liable to capture; The City of Mexico, 24 Fed. 33 ; and so are neutral goods on a neutral vessel, if the latter be under the enemy's protection; The Schooner Nancy, 27 Ct. Cl. 99.