New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-06-23
MARITIME LAW.
PRIVATE WAR ON THE SEA.

A few days ago CaDle uiSpatch from DIT
lin to TIE TRIBUNE announced that as the Alabama
claims are now practically decided by the ratification OF
The Treaty OF Washington, all the American ENJOYS on
the continent have received instructions to endeavor to
secure the assent Of the Powers TO the proposition
for the nvioaby of private property on the high seas
from capture and confscaton This principle TO wheh
the Government Of the United States has consistently
adhered possibly with exception. ever since the
Crmean war IS in harmony with the policy OF the Gov
eminent ever since the Revolution 1t involves an I'M
portau Change in international law, which, had hbeen
acoeded 10 when first officially proposed by the uhteo
States would have mtgated the great loss suffered Dy
our commercial marine in consequence OF the ReOeon
and have gone far to prevent the complications wilch
subsequently arose between the United States and Great
Britain; or perhaps both Of these msfortunes would
have been altogether averted The principle is well
worth careful study its own merits but II Is OF es-
pecal interest from the fact that to be mace
the subject of international negotiations.
Among the unaecountable inconsistencies in pubic
law which have gradually grown up in the course %
time is a distinction between methods of conducuue
war on land and on the high seas The general pn'P
that in time of right subsised Of sezing upon %
approprating all the property Of the enemy w." 49,
could be obtained was, I'm ancient tiiue' ~ -,
flied as 10 exempt from capture ana GUMS
were called res sdcr@-things empio!eu III i'NeVu
rites In modern warfare it has Deeome "I "000P'Ou
,o,, .ha. ,,r;oto Dronerty on land is also exempt
nom seizure EXCEPT in cases where it is taken from the
enemy in the field or in besegeo 'o"hs anu "noie !"
NAV be necessary to levy contribution to provide TOT the
maintenance or security OF the army Even IN 'hese
casss Bber policy pursued in practice, and where
. nortiop Of the territory OF conquered State
n.sses 10 the eonqueror, the latter only
derives the right Of eminent domain existing
undcr the former government; in other respects,
uriyate rights arc unaffected by conquest But the pro
grcs OF civilization has been less sofening In its IN
nucnees upon naval warfare for up to this day the pr
f1a atn -hcfh
taken at in port is liable to capture without dis
elimination In justification Of this distinction attention
has been called TO the usage Of considering private prop
erty when captured in cities taken by storm, as booty,
and the wcnown fact that contributions are evedu upon
territories occupied by hostile army in lieu OF general
cOnfseaton OF the property belonging TO the inhaDtant;
and that the object of by land being conquest OF
the ACQUISITION of territory to be exchanged as an equiv
aent for other territory lost the regard of the victor for
those who are TO have been his subjects naturally
restrans him the exercise Of his extreme rights In
this particular; whereas the object Of maritime wars Is
the destruction Of the enemys and navigation
the sources and snews Of his naval power which object
can only be attained by the capture and cOnscaton Of
private property.
A more liberal course was first adopted by Frederick
the Great Of Prussia and when the negotiations for
commercial treaty between Prussia and the United States
had become pretty far advanced in the Spring OF 1874
draft OF treaty was submitted by the Prussan Govern
ment TO the American agents establishing the principle
that free vessels shall make free goods e. that every
thing should be regarded free which should be found
on vessels belonging subjects Of either OF the contract
ing parties even though the cargo should belong en-
frey or in part the enemies OF one of the two contra
band articles excepted. This however. only applied TO
that property belonging to subjects Of belgerent powers
which was shipped in neutral vessels Provisions were
made to ameorate in degree the effects OF prya
teerng; but privateerng still sanctioned. Ii was
Benjamin Franklin who first advocated the freedom Of
the seas and this principle partially Incorporated in
a counter project Of treaty submitted TO the Prussian
Government These suggestions were accepted by that
Government and were included in the treaty which
signed in the of 1875 by John Adams, Benjamin
franklin and Thomas jefferson the part of the
United States and by Herr Won Thuemeier the Prusan
Envoy al the Hague, on the part of his Government
BY the treaty 1875 ii expressly provided that in
case OF a war between the two parties, "all merchant
and trading vessels employed in exchanging the products
Of places and thereby rendering the necessares
convenences and comforts of human life more easy to
be obtained. and general shall be allowed to pass
free and unmOested; and neither OF the contracting
parties shall grant issue any commission to any
private armed vessels, empowering them to take ca
destroy such trading vessels interrupt such COM
merce" These provisions, which were included In Art
XIII OF the treaty. recognized the right of property
ON the sea 20 be treated with the same eonsidera-
ton as property land, and privateerng be-
tween these nations was abolished. Another i'm
portant provision contained in Art XIII
of the treaty that in eherparty became engaged
In war with another power contraband articles car
red I'm the vessels of the other begerent should suffer
conscation and condemnation and loss Of property to
individuals But it might be lawful to detaln such yes
sci for any length of time the capors might deem neces
ary To prevent the inconvenience damage that might
ensue from their proceeding paying however, reason
able compensation for the loss such arrest should oc-
the prOprietors Moreover the eapors had the
right OF apprOpriang the eontraband articles to their
own upon paying the owners their full value Both
OF these articles the work OF Franklin, aud were
enforced until the treaty expired by limitation In 1885,
Commercial treaties were concluded in 1893 and 1928
between Prussia and the United States but neither of
them contained the beneficial provisions which Franklin
had inserted in Article XIII Of the treaty of 1885, Art
icIe XIII of that treaty. however renewed and is in
force to-day being Article XIII Of the treaty Of 1928
neutral ship covers the property OF subject OF beg-
eren power but the broader principle that private
property shipped under an enemys Nag, shall be nYi0-
liable, forms no part OF international law. .
MANY efforts have been made in that direction by the
United states dung the last half century In 1929 John
Adams who then Secretary OF state in his instruc
The object 10 which allude is the abolition OF private
war upon the 1t has been remarked that, by the
Of modern war; the private property OF an enemy
is protected seizure cophscation as SUCH and
private Itself has been almost universally exploded
upon the land. BY exception, the reason OF which it
IL not easy 10 perceive the private property ol an enemy
upon the sea has not 80 fully received tbe oene o. inc
general OF Christian nations nom their terrific
Tes has taken its last refuge upon the ocean, ana leie
continues disgrace and aflct them by system OF IL
censed robbery bearing all the most atrocOus eharacer
piracy. To a government intent, from motives OF
general benevOlence and humanity upon the maj ana
total suppression Of the slave trade cannon De nnitas
enable claim her aid and cooperation 10 the apOtoh
of private war upon the From the time that me
United States took their place among the nations OF the
earth, this has been one of their favCrite objects"
Mr.. Rush, the American Envoy at London TO whom
these instructions addressed on the 18th of August
1924 reported the result Of his negotiations with the
British Government on this subject:
next said 10 the British PienipOentiares that the
question abOlishng privateerng and the capture OF
private property az whether by national SHIPS or ny
from which their decision had been gwen 10
Upon this question, therefore, desired them 10 IN