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

r penalty of condemnation is incurred, although it be
designed to use an intermediate or 'neutral port as
one of transhipment of the cargo."
Thesa 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. But neither the Springbok nor the
Stephen Hart has been accused of running the
blockee, 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
were stamped neither arms nor any national device,
but which the Federal authorities further declared
to be cdapted to the uniforms of the rebels. Solely
on account of these paltry articles the Springbok, a
fine barque, with all her valuable cargo, has been
seized and condemned by the tribunal 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-
fenille, the most recent authority, and of all french
writers the one who possesses the greatest weight in
such matters. He says, " 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 foarwarlike purposes, without requiring to
undergo
industtial preparation or transforma-
tion to render them.so."

"It may then be affirmed that contraband of war
is 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, ba 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,,,—(Flautefeuille, " 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 otter articles thereto
pertaining, balls, gunpowder, slow matches, pikes,
swords, lances, darts, halberds, mortars, petards,
grenades, muskets, ballets, 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
ea= 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 instrument) of iron, steel,
bronze, brass, ur any other material whatever,
manufactured, prepared, and fabricated expressly
for making war by sea or by itind."—(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, 183 G, which will be found in the " Nou-
veau Recueil." of Martens, totfie 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 Hautefeuille 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 nape
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 or, in a word, to enlarge or
circumscribe the circle of the restriction."—lbid., t.
ii., p. 82.) _

Thus, according to international law and the ads
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 bat 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 nut 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 flee, except is 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 rot
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
France in 1800, and with Columbia in 1843.

It follows, from the preceding test and reasoning,
that the decisions of Judge Betts in the case of tho
'priAgbok and of the Stephen Iltrt comprehend
three flagrant violations of intornatiozal law,
l' The arbitrary assimilation of ordinary articles
of e
2°l'4l:_ eo to contraband of war.
: °lt%ry seizure of an entire cargo because it
comprlsoa
'few articles of alleged contrab And of
war.

3. Capture "a ilk l
Property, nod" Ile ga condemnation of neutral
iiitfo, on the pretext that said
neutral port tanolltiitreal flag, on its way from
one
had
"' r destination to one of the
We have deemed it our d_
property
these extraordinary o,b,rra`73 to direct attention to
interior tribunal;
bench. IP9t us add, be„,,,,,,,n_s of the American
Supreme have
Court of
they are only the doings of 'arh) that,lfe fortunatel,
that the decisions whiei we ha,,,,
been carried, on appeal, to the
the United States, where, for the reputation
illustrious tribunal, it is to be hoped, th 0,11 of that
reversed. Should it prove otherwise, :4:will be
the Supreme Court adopt, the legal h„eV'loold
Judge Betts, and confirm his iniquitous cotide a
nations, it will become the duty of all the meritilt
powers to protest against such a filgrant violation
of national rights.
_...

----
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