of every description and
to give the necessary facilities for the improvement of the means of
communication."[32]

[Footnote 32: Ibid., pp. 39-40. Italics our own.]

It is obvious that Article 14 could not apply to anything more warlike
than "_merchandise_" being transported from Pungwe Bay, where Beira is
situated, to the British sphere of influence. It is admitted by Mr. Baty
that Article 12 is inapplicable to any routes other than the water-ways
specified and the land routes and portages auxiliary to them. It is also
admitted that the only other stipulation that might apply, Article II,
"obviously applies to the territory far to the north, and concerns the
question of access to British Central Africa."[33]

[Footnote 33: International Law in South Africa, p. 76.]

Mr. Baty, however, contends that it was not a new right, that of passage
through Portuguese territory, but was one created by this treaty. Upon
the supposition that if the right still existed in times of war it must
have been by virtue of Article II, he says, "The question arises, 'Was
it such a grant as could be valid in war time?'"[34]

[Footnote 34: Ibid., p. 76.]

It should be remembered that Mr. Baty has concluded that Calvo asserts
the possibility of a neutral, without violating its neutral obligations,
allowing a belligerent to pass troops over neutral territory for the
purpose of attacking a State which is on friendly terms with the
Government granting the privilege. Mr. Baty asserts that a real easement
existed in favor of England if she might "force her way along" the
routes stipulated in the treaty, "without going to war with Portugal,"
But he says this interpretation is always "subject to the consideration,
that the terms of the treaty do not seem to contemplate the use of the
road as a military road at all," a conclusion which would seem to settle
the question, and deny that any shred of justification existed for the
use to which neutral territory was put in time of war. But Mr. Baty in
the same breath says: "There can be such a thing as a military road
across neutral territory. The German Empire has such a road across the
canton of Schaffhausen, and there used to be one between Saxony and
Poland. But it seems very questionable whether the roads indicated by
the treaty of 1891 were not simply commercial, and not for the purposes
of war at all."[35] And this English writer reluctantly admits, "The
treaty has, therefore, to be pressed very