[5] The Declaration of London, Chap. iv. The Declaration of London however is not officially ratified by Great Britain, see Bentwich, The Declaration of London.
[6] England's delegates, Messrs. Twiss, Westlake, Lorimer, and Bernard gave the only dissenting votes to the proposition favoring the abolition of the right to capture private property at sea, Institute of International Law at its meeting at the Hague in 1875, see Revue de Droit International, 1875, vii, 288. England also opposed the proposition at the Second Hague Conference, in 1907, see Second Hague Conference, Acts and Documents, iii, 832.
[7] Among English Publicists favoring the abolition of the right to capture private property at sea may be mentioned Lawrence, Hall and Maine. The question came before the house of commons by motion of Sir John Lubbock, March 22, 1878, but was negatived without division. (See Phillimore, op. cit. iii, 361.) Lord Palmerstone once said, "Question Statesmen, none will tell you that the depredations of privateers have ever decided the success or final result of a war." (See Political Science Quarterly, 1905, xx, 711) and in a speech of 1856 he hoped for the abolition of the right to capture private property at sea. (See Speech by Rufus Choate, Second Hague Conference, Acts and Documents, iii, 770.) Among English publicists on the opposite side are Phillimore, Westlake, T.C. Bowles, Twiss, Lorimer, Sir Shurston Baker, and Norman Bentwich. John Stuart Mill in a letter to the Times, March 11, 1871 spoke of abandonment of the right to capture private property, as "the abandonment of our chief defensive weapon—the right to attack an enemy in his commerce." (See Phillimore, op. cit. 361.) However, in a speech in 1867 he had apparently countenanced the reform, (See Speech of Rufus Choate, Second Hague Conference Acts and Documents, iii, 770.)
[8] Section 21 of the proposed act. For text of this act see Bentwich, The Declaration of London, 174.
[9] Political Science Quarterly, 1905, xx, 711, see also note 7 above.
[10] The full result of the vote was as follows: Aye—Germany, United States, Austria-Hungary, Belgium, Brazil, Bulgaria, China, Cuba, Denmark, Equador, Greece, Hayti, Italy, Norway, Netherlands, Persia, Roumania, Siam, Sweden, Switzerland and Turkey,—21; Nay—Columbia, Spain, France, Great Britain, Japan, Mexico, Montenegro, Panama, Portugal, Russia, Salvador—11; Not Voting, Chile.
[11] For attitude of United States and other countries on this question see speech by Andrew D. White, at the first Hague Conference, (Holls, The Peace Conference at the Hague) and speech by Rufus Choate at the Second Hague Conference, (Second Hague Conference, Acts and Documents, iii, 770.)
[12] The French proposition was as follows: "Considering that, as the law of nations still positively admits the legality of the right of capture, applied to private enemy property at sea, it is eminently desirable that, until a binding agreement is established between states on the subject of suppression, the exercise of it be subordinated to certain modifications.
"Considering, that it is necessary to the above point that, conforming to the modern conception of war that it ought to be directed against states and not against individuals, the right of capturing private property apply only as a means of coercion practiced by a state against a state;