rt to neutral port,"[39] Mr. Lawrence
possibly has reference only to the position taken _arguendo_ by the
German Government during the correspondence immediately following the
seizure of the German ships and not to the general rules formulated by
the German Chancellor on January 19, 1900, in his speech before the
Reichstag.[40] There is no indication that Mr. Lawrence had this speech
before him when he passed judgment upon the German doctrine, although
the preface to the third edition of his Principles of International Law
is dated August 1, 1900.

[Footnote 39: Principles of Int. Law, p. 679.]

[Footnote 40: The German argument was that according to English
expression in the past, notably in 1863, and expressly in her own naval
guide, there could not be contraband of war between neutral ports.]

It is possibly true that the German rules were advanced because of their
expediency in view of the geographical position of Germany. But the
English writer apparently admits a similar motive in opposing the
proposed German system, when he says, "Great Britain is the only
European state which could not obtain," in time of war, "all the
supplies she wished for by land carriage from neighboring neutral ports,
with which according to the doctrine in question, neutrals would be free
to trade in contraband without the slightest hindrance from the other
belligerent."[41]

[Footnote 41: Principles of Int. Law, p. 680.]

The view taken by Mr. Lawrence would seem unfair to the proposed rules
in a number of points. Count Von Buelow clearly pointed out that
belligerent vessels might capture a neutral vessel if the latter
resisted the order to stop, or if irregularities were discovered in her
papers, or if the presence of contraband were revealed. Under the term
"contraband of war" he admitted that articles and persons suited for war
might be included, provided they were at the same time destined for the
use of one of the belligerents, and he was ready to admit that
discovered contraband should be confiscable. It is true the caution was
added that should the seizure prove to be unjustifiable the belligerent
State should be bound to order immediate release and make full
compensation, and that the right of visit and search should be exercised
with as much consideration as possible and without undue molestation to
neutral commerce. It was understood that neutral merchant vessels on the
high seas or in the territorial waters of the bellige