The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-08
MN. FrsH,s DAMAGING DOCTRINE.
lntefprctine the Treaty Of Washington TO the
Injury 81 Our 1nterests.

Injury 81 Our 1nterests.
IL WIN be recollectcd that three rules were
established by the sixth article OF the Treaty Of
Washington, AS embodying admitted principles
OF international or public law which should
govern the decisions OF the Geneva Tribunal OF
Arbitration created by the same treaty. II was
further stipulated under the same article that
the high contracting parties should not only OBJ
serve these rules as between themselves in
future, "but should bring them TO the knowl-
edge OF other maritime powers and invite them
70 eccede to them" Pursuant to this stpu-
lation, after the Geneva Tribunal had made its
awards and decision, Lord Granville proposed
to our State Department the text or draft OF
a note to be Jointly signed by the proper Of
ncias Of the two Governmental, which was to
40 with these rules wnen they were brought TO
the knowledge OF the other maritime nations.
This note he regards necessary In view Of GER
tain discussions touching Che real scope OF the
second rule OF Genevi, and that note was de-
signed TO make plain that the reference In said
second rule to the use OF neutral ports or
waters for "tbe renewal or augmentation OF
military supplies OF arms" by a belligerent WIS
desipned to apply "only when those acts are
done for the service Of a vessel cruising or
ryina on war, or intends To cruise or carry on
war against another beliiRerent, and not when
military supplies or arms are exported for the
use Of beliverent power in the ordinary
course OF commerce."
Now, strange 10 say, this clrcumspection on
the part OF the British Secretary found imme-
diste justification. for Mr.fisn refused to SIGN
the proposed JOINT note, and denied its CON
struction Of the intent OF the second rule
FatlY denying the legitimacy Of commercial
trans ctiOns " In war supplies, he gravely set up
the Presidents proclamation of neutrality IN
1870, upon the outbreak Of the Franco PI ussian
war, IN support of his position.
Lord Granville eaey exposed the novelty Of
such doctrine In an American secretary OF
state, or its fragrant departure from the one
ALWAYS strenuously upheld equally by the Amer
lean and British Governments, and acted upon
by the subjects or citizens Of the two countries,
as lately even a. the Franco Prussan war.
However, after some discussion, he fedrafted
the note so that " should simply make plain the
right OF neutrals to sell aud trade ~ arms and
ammunition In the ordinary course of COM
merce with either party to war. hut hcEe he
was met by another objection on the side OF Mr..
dealings must be required to be "open." aud all
clandestine sales or purchases ne prescribed.
The singuiarty Of this last position OF our Secre
tery q State was promptly shown. That is to
say Mr.. Fish was reminded Of the uureason-
ablcness Of srule Of Puotc law that, relieving
neutral government from all responsibility for
the open trade OF its subjects citizens, should
make IL res, onsible for a secret trade which IL
might rnd most dimcult 10 hinder and besides
that. from their very nature. all such dealings
would he clandestine, 80 as to keep them from
was the state OF the discussion wnen the Glad
stone Ministry went out Of ONCE, and we can
ascertain nothing OF subsequent negotiations.
Assutedly this whole course OF Mr.. Fish bris-
ties with the inexpiicabIe. He cannot pretend
that thess three rules AFRO new legislation, bv
treaty, In public law they simOly define. 50 Tar
as they 20, the law which England and the
United States recognized to have been In exist.
ence atthe very time Of he war of the rebellion,
and therefore applicable to the operations OF
the Alabama and her cOnsOrts OF like origin,
which were TO be inquired into and adjudicIed
az Geneva. Consequently, Mr Fish, from some
tnscrdtable motive. has assurediy sought tn
stretch the second rule 50 as TO establish under
cover OF II an entirely new principle OF Inierna-
W, opposite
the highest judicial authority Of his own cot n
lncluGtng Mr.. Fish himself, at least as late ~
lode. Had Lord Granville been brought to ~
cent % his proportion on this point, an Amer
can secretary ~ state, without authority o.
Congress- OF Of treaty, would thus have hound
his country to rule of International law hostile
OF those strong aggressive, menacing European
states like Prussia, and perhaps Russia, and in
the hishest ueRree adverse OF perilOus to the
weaker European powers, and one, moreover,
fraugnt with disadvantage and injury to n great
and growing branch Of American INDUSTRY, tnat
VI arms and ammunition, by which more than
t4O.OJO'OD have been brought into tue country
from foreign sources quite recently.
There can be no extenuation for the fituitous
parent from the record: I. In the very argu-
ment or case" made up In his Office at y ash
admitted that the decisions OF our supreme
Court, as well IA the uniform rule of public law,
authorize the trade of neutrafs IN cOntraband of
war. nat Is to say, before tue Geneva Tribunal
Mr., Fish virtually a'scistinec the very Oouslruy-
llOn WuiOn subsequently. Wnen the time had
come for seeking 10 have other powers oooept
the second rule, he Is found urgent to nave ac-
copied with II. In other words, admitting that
the rule did not nave such intent when the
United states might possibly have pronted from
the construction he now sets up. he has sought
to engraft this meaning upon the rule at "A time
when IL cannot possibly be of All vantage To the
American people, anu h certain. soon or late,
tn hamper and Marin American trade ana indus
try 2. His course Is all the more mex plioaOle
IN the light Of the fact that, IN the OF the
supplementary argument' delivered by MT.
that distinguished LAWYER spoke thus oonclu-
siVely IA TO the intent Of the second rule ~ Nr.
Fish ought Ia know: "WnAt are re iIiy com msr-
cIai transactions IN contraDand of war are al
lowed by the practice Of the United states aud
Engiar o ecu lily, aud not understood 10 he pro-
scrbeo ~ hostile acts by the law of nations, aud
it Is agreed between the two countries that the
second rule is not To be extended Ia emDrace by
any largeness Of construction mere commercial
TRANSACTIONS" (See Argument at Geneva" D.
49, .. lhe construction embodied in Lord
Granville's proposed JOINT note MAS the one, yir-
tn lily recognized by the Geneva Tribunal, aud
not tue one urged by MIR. Fish.
We have SAID tue principle which MIR. Fish has
thus been seeking To fOtst INTO the law of ma
tons would have proved serious blow at
American industry. 1he manufacture Of Dreech-
loading hrns has received great development
In this country To meet European demands. The
Messrs. bennington have supplied In the last two
years not less I'll N 3OO,OO Of tneir rides aud car
bines To the spanish Government, wIth very
large number 10 the Carlsts, To Egypt, China,
japan, Mexico, and the several South American
states. The Providence Tool Company, at the
same time, has been furnishing the turkish
Government with some 6OOOJ0 of the Peabody
Mattlne rife anu carbine. ku,saihas lso been
"A heavy purchaser ot American arlus, including
the Calling gun ana 4 O,UOJ Of the Smith X Wes-
son revolver; white the Gatlng gun or nitraii-
louise mas been LARGELY supplied To- many OLher
European States. WITH all These arms went
large supplies of the proper ammunition, aud
we repeat that from these sources at least
Si0OJ,OOJ have accrued 10 the country In the
last two years. But once csi ab.h such a rule
OF public law as that which MIR. Fish has sought
to establish, and the whole capital necessaIIly
EMPLOY ed IN this creative industry Mould he
rendered So feyerish ard precariouSthst par
alysls would TIC sure to seize upon IL. 1t re-
mains To be ascertaiucd what purpose and in
tercsts lurK beneath this extraordinary and
apparently unaccountahle course OF MIR. Fish.
The first step toward lignt should ne demand
on me part Of Congress for information whether
the aforesaid three rules, as prescribed 10y the
treaty. have been brought to the knowledge Of
tho other maritime powers aud II not, why
not together with all the cores pOndence IN tho
premises.
Hetser Il Co.'s Denial.