would not be contended that horses or other means of warfare might not be loaned by private persons for service in war on land.

Hall gives a somewhat full statement of the English attitude in regard to what constitutes a public vessel:

Public vessels of the state consist in ships of war, in government ships not armed as vessels of war, such as royal or admiralty yachts, transports, or storeships, and in vessels temporarily employed, whether as transports or otherwise, provided that they are used for public purposes only, that they are commanded by an officer holding such a commission as will suffice to render the ship a public vessel by the law of his state, and that they satisfy other conditions which may be required by that law. The character of a vessel professing to be public is usually evidenced by the flag and pendant which she carries, and if necessary by firing a gun. When in the absence of, or notwithstanding, these proofs any doubt is entertained as to the legitimateness of her claim, the statement of the commander on his word of honor that the vessel is public is often accepted, but the admission of such statement as proof is a matter of courtesy. On the other hand, subject to an exception which will be indicated directly, the commission under which the commander acts must necessarily be received as conclusive, it being a direct attestation of the character of the vessel made by the competent authority within the state itself. A fortiori attestation made by the government itself is a bar to all further inquiry. (International Law, 5th ed., p. 161.)

The act of commissioning a vessel is an act of sovereignty, and no act of sovereignty can be done within the dominions of another sovereign without his express or tacit permission. Without such leave a commission can only acquire value as against the state in which a vessel has been bought, or has been built and fitted out, at the moment when she issues from the territorial waters. Up to that time, though invested with minor privileges, she is far, if she be a ship of war, from enjoying the full advantages of a public character. It is needless to say that, on the other hand, if the vessel reenters the territorial waters five minutes after she has left them she does so with all the privileges of a public vessel of her state. It is to be noted that tacit leave to commission a ship can not be lightly supposed. A state must always be presumed to be jealous of its rights of sovereignty, and either strong circumstances implying recognition in the particular case, or the general practice of the state itself, must be adduced before the presumption can be displaced. (Ibid, p. 163.) Need of established character. It is necessary that there should be some mark by which the character of a

vessel may be established so far as a neutral may be concerned. It is not in any way reasonable to expect that a vessel may one day fly a merchant flag and the next day that of a ship of war and the following day that of a merchant vessel again. If it is proper for a vessel to sail from a port as a merchant vessel and on the high sea to assume the character of a war vessel, would it not be póssible to reverse the process and make such changes as frequently as might serve a belligerent's purpose.

It is certain that acts of war on the sea should be confined to war vessels and that merchant vessels should not visit, search, or capture merchant vessels of an enemy or of a neutral. Under certain conditions a war vessel may, however, do these things. A merchant vessel is subject to the jurisdiction of the port in which it may be, so far as the local regulations require. A vessel of war is to a large extent exempt from local jurisdiction. There is little restriction upon the nature of articles which a merchant vessel may take on board. A war vessel of a belligerent in time of hostilities may not in a neutral port do certain acts or take certain articles on board which would be allowed in time of peace or to a merchant vessel in time of war.

If no restrictions are made, the neutrals may through ignorance of the character of a vessel furnish it with supplies of a forbidden amount or character. A vessel which could change its character at will might enter a neutral port repeatedly as a merchant vessel and after each departure again assume a warlike character, thus making of a neutral port a base. Of course, it is not reasonable to expect that such acts would be tolerated.

Summary.-There seem to be certain general considerations which should guide in the regulation of the use of subsidized, auxiliary, or volunteer vessels:

1. Such vessels should be during the war public vessels under regularly commissioned officers in order that the principle of Article I of the declaration of Paris, 1856, may be regarded. They should be incorporated in the navy.

2. The neutral in whose port such vessel may be or within whose port such vessel may come is entitled to

know the character of the vessel in order that the laws of neutrality in furnishing supplies, etc., may be observed.

3. The character once assumed should not be changed except under adequate restrictions in order that reasonable security may be given to the neutral in his relation to the vessel.

Conclusions. From the foregoing it is evident that the use, for all purposes of naval warfare, of auxiliary, subsidized, or volunteer vessels, regularly incorporated in the naval forces of a country, is in accord with general opinion and practice, and that this addition to their regular naval forces in time of war is contemplated by nearly all if not all the principal maritime nations. In fact auxiliaries have been so used in all recent naval wars. To secure for subsidized, auxiliary, and volunteer vessels the proper status in time of war, the following regulations are proposed:

1. When a subsidized, auxiliary, or volunteer vessel is used for military purposes it must be in command of a duly commissioned officer in the military service of the government.

2. When subsidized, auxiliary, or volunteer vessels, or vessels adapted for or liable to be incorporated into the military service of a belligerent, are in a neutral port in the character of commercial vessels at the outbreak of hostilities, the neutral may require that they immediately furnish satisfactory evidence whether they will assume a military or retain a commercial character.

3. Subsidized, auxiliary, or volunteer vessels, or vessels adapted for or liable to be incorporated into the military service of a belligerent, on entering a neutral port after the outbreak of hostilities, may be required by the neutral immediately to make known whether their character is military or commercial.

4. Until publicly changed in a home port, such vessels as have made known their character must retain as regards neutrals the character assumed in the neutral port.

5. The exercise of belligerent authority toward a neutral by subsidized, auxiliary, or volunteer vessels is sufficient to establish their military character.

APPENDIX.

CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED

IN ARMIES IN THE FIELD,

GENEVA, 1906.

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