The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-31
L. Grain C.ot,abs.,l .,r Wnr,

Il Grain COntpabsnd Of War!
Whenever feeling of sympathy aud mutual
regard seems abont to spring up between the
United States and England, some absurd priD-
ciple or arrogant claim is sure to be brought for
ward in the cid country that at once curdles the
kindly sentiment in the American heart. Thus,
Lord Clarendon, in his official position, uttered at
the beginning Of the Crimeaa war his boas,fnl
announcement Of the policy OF the Anglo
French alliance, and Immediately all the popu-
Lar feeling here was turned in favor of Russia.
So now, when general war mensces Europe,
and there is a growing disposition to stand by
England if she should be compelled to fight ia
defence o. her liberties, or the immunity Of her
trade, there is party there that would drag her
into the conflict whether or no. Casticg about
TO see how injury can be most effectively
wrought up, the belligerent to whom they are
;nimcal, their mouthpiecc, the London Times,
proclaims that 'it seems perfectly reasonable
that both grain and coal should be contraband
Of war; L. then goes back to the time Of
Charles l. to seek authority for making "grain
ard victuals Of ali sorts" contraband, and then
arrogantly claims that leach sovereign has the
pierogative to make new declarations Of con
trabaud" Now this is revival of all the
old hateful claims of England, upon which
her instructions to her cruisers in 1898 and her
infamous .Orders in Council' were founded
Any attempt on her part to revive them at the
present day will at once curdle every friendly
sentime nj towards England now existing in the
American heart, and the practice of them, as was
her went fifty years ago, will bring the two
countries to blows ut an carly day.
The rights Of heutrals aad the rule Of contra
band Of war are not very clearly defined in the
admitted law of nations. But the intelligence
of the present day requires that the doubt should
accrue to the benefit Of peaceful and not of cap
tious and bclligercnt nations. The decisions of
the British Courts of Admiralty, rendered
during the long and passionate conflict that
marked the beginning of the present century,
are often in conflict with the admitted principles
Of preceding times, and are not safe guides for
the present generation. During that struggle
England endeavored arbitrarily to bend the
principles of international law to suit her own
views and purposes, and by virtue Of might
alone insisted upon playing with the rest of the
world at The game OF "heads win, tails you
lose.'
On the 9Th Of June, 1893, she instructed
her cruisers to stop all vessels bound to France
laden with corn, -four or meal, and to
send them to British port, but not
for conGscation In her treaty with Russia Feb
ruary, 1877, it was stipulated that "only can
mons, mortars, firearms, pistols, bombs, grenades,
balls, bullets, firelocks, fnts, matches, powder,
saltpetre. sulphur, helmets, pixies, swords, sword
belts, saddles and bridles." should be held as
coniraband of war; and this list was afterwards
adopted in the convention between the same two
Powers concluded in 1901.
In determining what articles should be COM
prised in the list of coHiraband of war; there ia
very clear principle laid down by the publ
cists, which it would be well for all governments
to adopt and adhere to. That is, that contra
band Of war should not comprise any other ar
ticles than those useful only for purposes of war
II any attempt is made to include in it those ar
icles which are Of promiscuous use in peace aud
in war, the list would be interminable since there
is hardly any material out Of which something fit
for war may not be fabricated. AS for " the pre-
rogative Of each sovereign to make new declara-
tons of contraband," we reject it at once aud
completely. Therein lies the whole danger. 1t
would place the commerce of the world at the
mercy of any mad monarch who had the power
Of making war, or issuing an "order in council
70 his cruisers