191 5.] OF NEUTRALIZED TERRITORY. 10 



was only in the seventeenth century that the term neutralis, — mean- 

 ing to the minds of the people of that day, non hostis, — was 

 brought into general use by the publicists, and that since then the 

 condition of the neutral has been established, somewhat artificially, 

 as is considered by some writers,^ under the process of which the 

 term neutral has been extended to the flag of a nation which 

 chooses to take no part in the war, to its ships, its commerce and its 

 citizens. 



From this point of view it has been declared that neutrality is 

 " the continuation of a previously existing state." That is to say : 

 Powers which go to war and become belligerents alter their condi- 

 tion, — whilst those which choose to be neutral remain as they were 

 before. Consequently, in their case, their international rights are 

 unchanged; and " neutral states and their citizens are free to do in 

 time of war between other states what they were free to do in time 

 of peace. "^ 



But, under the rules of international law, the state of neutrality 

 carries with it certain rights and obligations which do not exist 

 when there is no war. It has been settled that neutral governments 

 may regulate the furnishing of certain articles to belligerent cruisers 

 that seek hospitality in their ports, though they are bound to pro- 

 hibit the supply of certain other articles, as, for instance, arms and 

 ammunition. They have the right to enforce the respect for the 

 neutrality of their waters, though they must not allow their territory 

 to be used for fitting out or equipping armed expeditions against 

 any belligerent. So also, the commerce of neutral individuals is 

 subject to certain restrictions, as, in the matter of contraband of 

 war, which do not exist in time of peace. 



But the theory of the law is that these are merely the changes 

 in certain details produced by common consent of the nations, — by 

 the condition of war; though the principle remains permanently 

 fixed, that the rights of a neutral continue, uninterrupted, in time 

 of war precisely as in time of peace, — his rights of trade and com- 

 merce, his rights of free intercourse with either belligerent, or with 

 anyone else; and that every restriction upon these activities that 



^ Holland, Fortnightly Review, July, 1883. 

 2 Lawrence, " International Law," par. 243. 



