The Sun.
London, England, 1863-12-24 00:00:00

penalty of condemnation is incurred, although it be
designed to use an intermediate or neutral port as
one of transhipment of the cargo."
These two decisions of Judge Betts involve un-
fortunately not one but several violations of the law
of nations.

Let us assume for a moment, that the fact of its
being ulteriorly destined for one of the belligerents
renders the neutral cargo of a neutral vessel,
sailing between neutral ports, liable to seizure by
the other belligerent ; it still remains to be
proved that this cargo is composed of contra

band articles ; for were it not so it could not be
seized, except in the case alone of the vessel carry-
ing it attempting to enter one of the enemy's legally
blockaded ports. Bat neither the Springbok nor the
Stephen Hart has been accused of running the
blockade, both having been condemned for having
had on board contraband of war.

According to the libel of the American authorities
the cargo of the Springbok was composed almost
entirely of dry goods. There were, however, one
dozen rifle bayonets and one dozen swords, a few
hundredweight of nitrate of potash, besides some
bales of coarse brown cloth, said by the United
States authorities to be suitable for the use of the
rebel troops ; and lastly a case of buttons, on which
o lel
been
were stamped neither arms nor any national device,
but which the Federal authorities further declared
to be adapted to the
uniforms of the rebels.
has
s.
Sy
on account of these paltry articles the Springbok, a
fine barque, with all her valuable cargo,
seized and condemned by the tribute! of New York.
Let us see if the above-mentioned articles can be
legally considered as within the category of contra-
band of war ; and let us again turn to M. de Haut-
feuille, the most recent authority, and of all French
writers the one who possesses the greatest weight in
such matters. He sirs,
J " This restriction (that
which war imposes on the liberty of neutral com-
merce) affects those articles only destined immedi-
ately to become, in the hands of the possessors, a
direct means of attack or of defence —articles suited
solely for warlike purposes, without requiring to
undergo any industrial preparation or transforma-
tion to render them so."

"It may then be affirmed that contraband of war
s limited expressly to arms, instruments, and muni-

tions of war, fashioned and fabricated exclusively
to serve in war ; and that all other articles without
excepting even those substances suited for the manu-
facture of such prohibited articles, the instruments
even which without having a direct use in
hostilities, can, however, be indirectly em-
ployed in them, continue the objects of
free commerce on the part of neutrals,
either with both the belligerents or with one of
them."—(Hautefeuille, " Droits et Devoirs des Na-
tions Neutres," tome ii., p. 83.)
Contraband of war comprises, then, only instru-
ments of war, and so true is this that the United
States themselves have expressly recognised it in
several treaties. That concluded with France, and
signed Feb. 6, 1778, runs thus—
" Under the name of contraband, or prohibited
articles of merchandise, are comprised arms, cannon,
bombs with their fuzes, and other articles thereto
pertaining, balls, gunpowder, slow matches, pikes,
swords, lances, darts, halberds, mortars, petards,
grenades, muskets, bullets, shields, helmets, breast-
plates, coats of mail, and other implements of this
kind suitable for arming soldiers, gun slings, belts,
and all other warlike accoutrements whatever."

M. de Hautefeuille makes the following remarks
on the subject—
" Almost all the treaties recently concluded by
France, and especially by the United States of Ame-
rica with the new American States, contain the
same enumeration, with the addition of a clause
which appears to me to embody exactly the doctrine
which I have just laid down—viz., And generally
every kind of arms and instruments of iron, steel,
bronze, brass, ur any other material whatever,
manufactured, prepared, and fabricated expressly
for making war by sea or by land."—(lbid, t.
p, 158.)
On this point we might cite the 13th article of
the treaty between the United States and Peru of
Nov. 13th, 1836, which will bo found in the " Nou-
veau itecueil" of Martens, tome xv. p. 113.

Having thus established by reference to treaties
and to the fundamental principles of international
law that the articles above enumerated form alone
the objects of a prohibited commerce in time of war,
M. de Hautefeaille goes still further, and declares
that it is not permitted to a belligerent to extend
this prohibition to other articles.
" The restriction," he observes, " imposed by
war on the absolute liberty of neutral commerce,
in respect to the articles comprised under the name
of contraband of war, is a duty imposed upon
nations at peace by natural law, and is not a right
of the belligerent. The belligerent possessing the
exercise of no positive right is never entitled to
render the restriction more onerous on neutral
nations. He is not entitled to include in the pro-
hibited class such or such articles as he may desire
to deprive his enemy of, in a word, to enlarge or
circumscribe the circle of the restriction."—lbid., t.
ii., p. 82.)
Thus, according to international law and the ad-
mission even of the United States, neither cloth, nor
butter, nor, strictly, even nitrate of potash, are con-

traband of war. In the whole cargo of the Spring-
bok there were but one dozen rifle bayonets and
swords really contraband. Now, the presence of
these few articles amongst a cargo cannot justify
the seizure of the entire cargo and the confiscation
of the vessel which carried it. The law of nations
is equally clear on this head:—
"Neutral vessels laden, in whole or in part, with
contraband of war destined for the enemy, are sub-
ject to seizure, but not in an absolute sense. They
are not subject to this measure except in so far as
regards the prohibited merchandise which they
carry. On giving up to the cruiser this portion of
their cargo they ought to be free to continue their
voyage. In fine, except in the case of express
stipulations existing between the belligerents and
the neutral nation, the articles of merchandise pro-
hibited and subject to seizure are those only which
are considered as such by national law, and which
we have before enumerated, and that independently
of all the laws, ordinances, regulations, orders, and
proclamations of belligerents."--(lbid., iii., pp. 226
and 239.)
This right of neutrals has been recognised not
only by France, England, Sweden, Holland, Colum-
bia, and other states, but also by the United States
themselves, in the treaties concluded by them with
Prance in 1800, and with Columbia in 1843.
It follows,
4
from the preceding text and reasoning,
tlit the
. spril
bdecisions of Judge Betts in the case of the
_ok and of the Stephen Hart comprehend
three
~,,(51;:grant violations of international law,
1. The ‘ti3.
of commercel
to contraband
2. Arbitra;
assimilation of ordinary articles
to!atraband of war.
few Articles
of an entire cargo because it
comprised a batieles of alleged contraband of
war.

3. Capture and illegalondemnation of neutral
c
4 tm 11E,
property, under ne t
prete sai
°at 1 itso wayofnreo xt that o
f End
one
neutral port to another, ong then
property had an ulterior d esti), - to
ottrect attention to
belligerents.
We have deemed it our dia3, to
direct
American
these extraordinary aberrationa
bench. L?t us add, however, thatt,ile
fortunatel
they are only the doings of an inferior
tribunal
y,
to the Supreme 'Io
that the decisions which we have ezeozin ;
been carried, on appeal, have
the United States, where, for the reputation of of
they
will he
illustrious tribunal, it is to be hopcd,
reversed. Should it prove otherwise, and shell%
the Supreme Court adopt the legal heresies of
Judge Betts, and confirm his iniquitous condete.
nations, it will become the duty of all the maritime
powers to protest against such a flagrant violation
of national rights.

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