According to Article XIII of the Treaty of July 11th, 1799,—confirmed by Article XII of the Treaty of May 1st, 1828,—between the United States of America and Prussia which is now valid for the whole German empire, in case one of the contracting parties is a belligerent, no articles carried by vessels of the other contracting party shall be considered contraband, but nevertheless the belligerent party shall have the right to seize any military stores carried by vessels of the other party on payment of their full value.
Has the Declaration of London, 1909, any influence on the validity of this old treaty stipulation?
If not, in the event of war between Germany and another power, can powers possessing most favoured nation treaties with Germany claim the same treatment with regard to contraband for their own vessels as Germany must grant to vessels of the United States?
48. The Island of Santa Lucia.
In 1639 the island of Santa Lucia, in the Antilles, was occupied by England, but in the following year the English settlers were massacred by the natives, and no attempt was made by England to re-establish the colony. In 1650 France, considering the island no man's land, took possession of it. England, however, contended for many years that she had not abandoned the island. After the Treaty of Aix-la-Chapelle in 1748, the question of ownership was referred to the decision of certain commissioners, and England claimed that having been driven out by force she had not abandoned the island sine spe redeundi, and that therefore France, in 1650, had no right to consider the island as no man's land. Finally, by the peace treaty of Paris of 1763, England resigned her claims.
SECTION XIII
49. An Attaché's Chauffeur.
In November, 1908, the driver to the Military Attaché at the United States Embassy was summoned at Huntingdon for driving a motor-car at Little Stukeley at a speed dangerous to the public, and which was stated to be 36 miles an hour. The solicitor for the defendant, who did not appear, claimed that he was exempt from proceedings such as these, but admitted that he was not in a position to prove it. A letter of explanation was read, which stated that it was very embarrassing to have a servant charged with an offence against English law, and asking that the charge be withdrawn. The bench decided to go on with the case, and imposed a fine of £12 and costs.
50. In Quest of Balata.