In this connection the neutrality clause of the Treaty of Washington is of interest.  This treaty was signed in 1871 by Great Britain and the United States and is illustrative of the requirements of neutrality as understood by these two nations should either be at war with a third party.  For the immediate purposes of war the allied republics of South Africa by the fact of their recognized belligerent status possessed rights equal in international law to those held by Spain or by the United States with reference to third powers during the Spanish-American War.  On April 26, 1898, the day after this war was declared, the British declaration of neutrality referred to the Treaty of Washington as embodying the terms upon which a neutral attitude should be observed:  “A neutral government is bound ... not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies of arms, or the recruitment of men, ... to exercise due diligence in its own ports and waters, and as to all persons within its own jurisdiction, to prevent any violation of the foregoing obligations and duties,"[39]

[Footnote 39:  Art.  VI; London Gazette Extraordinary, April 26, 1898; For.  Rel., 1899, pp. 865-866.]

Illegal enlistment was clearly defined as understood by Great Britain:  “If any person ... being a British subject, within or without Her Majesty’s dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any foreign state at peace with Her Majesty, ... or whether a British subject or not, within Her Majesty’s dominions, induces any other person to accept any commission or engagement in the military or naval service of any ... foreign state ... he shall be guilty of an offense” against this act.  And, “If any person induces any other person to quit Her Majesty’s dominions or to embark on any ship within Her Majesty’s dominions under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state ... he shall be guilty of an offense against this act.” [40]

[Footnote 40:  British declaration of neutrality, Apl. 26, 1898.  It was pointed out that this act extended to all Her Majesty’s dominions, including the adjacent territorial waters.]

The last clause of Article six of the Treaty of 1871 read:  “And the High Contracting Parties agree to observe these rules as between themselves in future and to bring them to the knowledge of other maritime Powers and to induce them to accede to them."[41]

[Footnote 41:  Gushing, Treaty of Washington (1873), p. 260.  Great Britain was averse to the acceptance of this article of the treaty, but finally acceded to it in the above terms by signing the mutual agreement.]