The Hawaiian gazette., 1877-06-27
Neutrality and the War.

The war between Russia and Turkey. with the
possibility that other European nations may be-
come involved In the struggle, taken in cOnnec-
ton with the TACT that the United States will
hold the position of neutrality towards The be-
gerehts, has already awakened some discussion
IN this country as TO the duty of neutrals The
modern theory which underlies all these duties
Is that begerents have right to fight out their
own battles, and, hence to be left alone by other
nations at peace with them, doing us little harm
as possible to neutras. while contending with
each other. 1t is their quarrel, and subject to
the general laws of war, they are to manage it in
their own way, without any interference on the
part OF other nations. We say that this is the
modern theory, since under the old rules of in
ternallonaI law neutrals, so called, were allowed
to DO many things which are now deemed en-
uGely Inconsistent with the position OF neu-
trality.
The Treaty of Washington between the Uni
ted States and Great Britain contains, 10 the
sixth article thereof, the agreement between the
two governments to tue duties of neutrality
Tor The purpose OF settling the then pending dis
pute ana also stipulation that both of the
contracting parties would observe the rules there
laid down Us between themselves in the future,
and bring them to the knowledge of other ma.
lions and seek TO secure their acceptance of the
same. The three rules of neutrality embraced
In THIS agreement are as follows:
lst 10 use due diligence to prevent the
uttlDg out, armlng, or equppng, within its juris-
dlctlon, OF any vessel which il has reasonable
ground to believe is intended to cruise or carry
on war against power with which it is at peace;
and also to use like diligence to prevent the de-
parture from It's jurisdiction of any vessel intend
ed to cruise or carry on war above, such vessel
having been specially adapted, IN whole or in
part, within such jurisdiction, to warke use.
End Not to permit or suffer either be
gerents to make use of its ports or waters as the
base of naval operations against the other or
for the purpose OF the renewal or augmentation
OF military supplies or arms or the recruitment
of men,
q 3rd To exercise due diligence in its own
ports and waters, and as to all persons within its
jurisdiction, TO prevent any violation Of the fore
going obligations and duties"
The United States insisted upon the applica-
ton OF these rules in the settlement of the Ala
bama question, and Great Britain acceded to
them, and both pledged themselves to observe
them In the future. 1t is quite true that neither
Russia nor Turkey was a party to the treaty
yet the rules, if good for the purpose to which
they were originally applied and good as the
permanent basis Of agreement between two ma
tons as to the duties Of neutrality, ought 20 be
deemed just good in a wider application
especially when both parties pledged themselves
TO make efforts to secure their acceptance by
other nations. The Government of the United
States Is, by the laws of consistency and the
Claims of public honor. bound to adopt these
rules with reference to the bellIgerent state of
affairs between Russia and Turkey. II CON-
plains bitterly Of Great Britain on account of
their violation during the recent Rebellion, and
demanded indemnity therefor; and. surely, it
cannot ITSELF, without dishonor, do what it thus
sternlv condemned. We are at peace with both
helligerents and must not do anything or suffer
anything to be done, within the jurisdiction of
The United States, inconsistent with this posi-
ton.
The right of citizens of the United States to
trade with Russia or Turkey. and sell to each
arms, ammunition, provisions, and other war
supplies at their own risk is not involved in the
rules OF the Washington Treaty. There is no
international law that forbids the carrying on of
trade between the citizens of a neutral nation
and belligerents; and, hence the Government
OF the United States Is not bound 10 interfere
with the trade between its own citizen, and the
people of Russia and Turkey. This is ques-
ton which the traders are left to decide tor them
seues, taking all the risks thereof, in the event
that they violate the laws Of war. In 1854 the
United States negotiated a treaty with Russia,
in which It was agreed:
LIST. That free ships make free goods-that
is to say, that the effects or goods belonging TO
subjects or citizens of power or slate at war
are free from capture aud con6sca,ion when
found on board OF neutral vessels. with the ex-
cepiions Of articles conIraband of var.
2nd. That The property Of neutrals on board
OF enemy's vessels is not subject to confscation
unless the same be contraband Of war"