The New York herald., 1877-09-21

band should be seized ia aagrdnte delicto-that is
hostile port He then goes consider what
eject the SpringboK decision will have upon Tue CON-
merce OF neutral countries and quotes Mr. Evarts TO
show that will affect America quite as seriously as
Eng iand or Italy
STRANGE ANOMALIES.
Sir Travers also considers the cIect OF tnc uocuins
of continuous voyages upon the neutral states IN the
present He takes up the case Of cargo OF SAT-,
London the great enirepo for its supply to other
nations Of the world. vessel going from Calcutta
10 London with u cargo o saltpelre would De, oi
course proceeding from one neural port 10 another
bat under the doctrine OF continuous voyages the
Suspicion that the cargo was Ultimately destined tor
tTansshpment TO St Petersburg. he lurthermore
points out the strange paradox IN tho doctrine tna
vessel oi the kind described could not DO seized II II
were It's way from Calcutta to Hamburg IN place OF
London, although 1t might be clear that ST. Peters
burg was the ultimate destination OF tho cargo; be-
cause IN this case the cargo would have TO DO for.
warded by railway TO ST. Petersburg. For IS only
when a cargo Is be sent by TO tho belligcrcnt
port that the law is applied. Finally he points out
that this doctrine directly encourages thar system OF
paper blockade against which ono oi the Clauses o tho
Declaration OF Paris is especially directed.
INTENTION OF THE LAW MAKERS
Sir Travers concludes his paper with the following
obscrva,i0ns:-
Whatever may be the correct Interpretation of the
fourth article of the Declaration oi Paris, ana what
effect may be practically gwen TO u oy tnc fowers
who are parties TO it, one thing may DO affirmed ior
certain, thaL IL WAS the intention OF tnosc VINO uTe"
up that declaration TO mitigate anu no. W n,,r,s
by the blockade ot al cncmy's ports Grcat nf'aln
and the United States OF America had, until tneh oeeu
enforce aganst neutral merchants the con-
hscaton OF their property upon proof OF some con-
strucvc attempt on their part 10 violate blockade
1t has remained Tor the younger sister, uuder her OK
traordinary difficulties, TO initiate the do;trne OF con
sructvc intention, on the part OF neutral merchant
to yolate a blockade aud subject him to the con
lscaon oil his properly, mol upon The evidence oil any
present voyage OF the snip ana cargo, III which INC
shn and CARGO have been intercepted, but upon the
presumption of future voyage OF the cargo alone To
bockaued port after has been landed from the snip
at neutral por, II will be idle for the
cite IN evidence OF the greater mldness ol
modern maritime warfare toward ocean commerce
the concessions which have been made under the
Declaration OF Paris in favor OF cnemy's property
laden board tho same ship bound TO neutral por
il neutral properly laden on board the same sop Is
be liable condscaton under the general law upon
The suspicion OF It's ulterior destination to enemys
uses. Oi such anomalous conflict of law, Il be not
repugnant common sense IL may at least DO sa'u IN
the language OF the Roman sairlst:--
Dat venian corvs vexat censura columbus.
PRACTICAL VIEW.
At the conclusion OF the paper by SIR Travers iwss'
Professor Sheldon Amos read paper on kinurea suo
Ject arrived at kindred conclusions lie declared
that the intcrdependence OF more important states
each other for The first necessares oI lie rehaetca
the ipdscrimnatc pillage OF an cnemy's tade 100
futile and suicidal policy TO be any longer recKonea
among the necessities ol naval warfare. He secuted
the dea that the military gains all IN proper
lou 10 the commercial disadvantages
THE SUBJECT DISCUSSED.
A discussion then took place on the merits OF the
two papers. 80 49,
Mr. Glover, Of Hull said no could not join with Sir
sequences OF the decision OF tho American judges.
The United States were not party 10 the Treaty OF
Paris But America had offered to go one step iurther
than the declaration and 1t was England which held
bnck. Under the declaration blockade must De enec-
tive, but the blockade OF the Black sea Nv present
would be blockade, but "a mere paper notification.
That violation OF the declaration attached 10 the
treaty. .
Dr. Trstram thought the doctrine established by tho
decision in the Sprns box ght be SAID to have
added a terror to war.
Dr. Thompson, ut Berlin, as American subject.
raj ha 81 q
judgment of the American Appeal Court SIR Iravers
rwiss had explained the severity oil the judgments
against neutrals the English prize courts ny tho
iervd excitement caused by the French war. Ihis
might far account Tor what happened IN America.
Similar agencies were at work In America. his
coun rymen at That time lighting Tor all that was
dearest themselves and their children judges were
but men, and could not iail unconscousiy 70 10 ih-
fuen ced by the intensity OF public feeling.
Dr. Bredius OF The Hague, SAID that England was 70
blame tor the present state OF international law on
this subject What should be done was 70 induce
her accept tho proposal that had been made ny te
United States tor the better protection Of snip
ping
An interesting discussion took place on the mixed
tribunals Of Egypt
said IL was important to draw a distinction between
mixed tribunals ike thoe of Esypt, which consisted
OF natives and foreigners, and International tribunals
which were formed Of the reunion oil the
Consular Courts INTO one jurisdiction, Tor the use
OF tho fore gners oil all mathematics, ana VIII
out tho participation OF the local authority he
considered the fact that natives endeavored TO have
their differences settled by Transferring their rights
under their contracts TO Europeans showed the coni
dence inspired among them by tho new Judiclal
system.
creation was due to the present khedive and his Mn
iser Nubar Pacha and their persstency, spread over
ten wears alone brought the courts into being The
peculiar extraerritoral rights given TO the Europeans
Egypt maze 1t necessary TO obtain the consent oil
all tho Great Powers, anu the delays OF diplomacy
more than once threatened to be fatal, while the
Franco German caused the whole project to re-
main in suspense for several years. However. the
earnest advocacy OF It's promoters brought the plau
finally TO maturity, and tho Egyptian international
tribunals we're opened IN 1875 In each OF The
Courts Of FIRST Instance three European Judges
sit with natives, aud in the Appeal
Court i've Europeans are associated with three
natives, Their jurisdiction Is only Of clv
ana commercial nature, ana criminal questions
are determined on tue old system. All civil and COM
mercal questions between native and natve, or
oreis sner aud foreigner of the same nationality, are
also outside jurisdiction. The countries rep
resented IN the Egyptian masistracy comprise Eng
land, Germany, Austria, Russia, Italy, America. Bel
gum Helapd, Denmark, sweden aud Greece. The
codes are substantially the French codcs subject to
modiicators favor Of superior brevity. Mr..
Scott then pointed out that Ut present these courts
really international, only dealing wtn mixed
questions and purely tho creation oil treaty Tor ten
tative period oi live years. They cannot be consid
cred nnal reform oil the system oil justice In The
country long they do not deal with purely ma.
questions, and are wholly without penal Jurisdc-
ton. Al the same tune they doing good work and
popuarizng the idea OF right and equity IN land
where justice csed 10 be unknown.
Resolutions were carried expressing general approval
Of the opinions expressed IN these papers.
The hna question 10 winch will aiude is that OF
GENERAL AVERAGE.
committee from the main body OF the dssocia
was appointed to consider the means OF reforming and
cOily ing the law ol nations this question Alter
many debates tue committee adopted report, of
which TIE loliowing are the principal paragraphs:-
our committee adopted the basis OF their discussion
the Doy OF rules framed Tor similar purpose ut York
1854 aud known OF the York rules 1hey
ast revised thos, rules IN detail and then proceeded TO
consider what additions, II any suouid be made !" them
1he alterations which your committee have ade In the
York iuIlows:l. The brst YORK wGica
admitted into general kind only Of lecko
Jetson namely that of wood goodswasa and the
rule stands that 40 jettson OF deck shall
made good average - To The third rule
which provided tbat damage doue the taken
TO eNttngush u fire on shipboard shall be treated $
general average your committee have added the restrc
that 40 compensation shall be made too damage
By water 10 packages which have been vi s.
seventh and eighth ork rules which
vidng in certain the reoading
leaving ot refuge the crcws ana provi-
whiic in such shall be General aver
exempted from contribution to such avcraao
any goods aih been sold tho port g.
COMMITTEES have Withdrawn thar exemption. 4. In
RUE 10 VIII York rne had
freight three -ths OF its gross amount your com.
laid IL that the
pnrt tchu s.pi