The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1877-05-24

own ports and waters, and, as to all
persons within its jurisdiction, to pre-
vent any infringement OF the foregoing
obligations aud duties.
But ii cannot be said that the princi-
pies they laid down have ever been form
ally recognized by the nations. AL
though the United States would be
bound by these rules with reference TO
Great Britain it is not at all certain that
our government would be so bound with
regard to Russia or Turkey in the pres
cnt belIigerent state OF affairs. Some
question bas been raised as to the obi
CATION of the United States in relation
to the Russian fleet now lying IN New
York harbor. Laying aside new rules
of neutrality, as embodied in the treaty
'of Washington, there is no question OF
the right of tho Russian fleet to remain
in our waters, our government being
willing, for the old rule is that either
tclligerent may claim the right OF asylum
for its vessels of war, unless the neutral
nation signifies its refusal OF such asy-
lums. But it would not do for the Rus
sian fleet to take in any supplies except
provisions and such other neccssaries as
may be requisite for the subsistence OF
the crew and 80 much Goa! as would be
sufficient for an ordinary voyage OF the
feet in time of peace. And since our
Russian visitors arrived before the dec
laration of war between Russia and Tur.
key they might take such supplies as
have been indicated, even if the rules
LAID down in the treaty of Washington
are to be regarded as the standard of
neutral duties.
In relation to the rights of the citizens
of the United States to furnish arms and
ammunition, provisions, and other war
supplies, to either Russia or Turkey,
there seems to be no doubt, either under
the common law of nations, or any
treaties which exist between our govern
ment and either of the belligerents. IL
is true that expectations of contrabands
of war must be made at the risk OF the
parties interested, but our government
incurs no responsibility by allowing
such expectation. There has been re-
cent endeavor to change the rule of in
ternational law upon this point, and to
discourage the expectation of war sup
plies and tho making Of war loans by
the citizens ofneutrals; but the endeavor
has thus far been confined, apparently,
to publicists and phllanthropists,so that
the old privileges upon this point still
remain intact.
The law of the nations, consisting, in
part, of treaties, general usages, custom,
and the opinions of text writer's, and in
part of tho decisions of diplomatists
and courts in particular cases as they
may arise, it will be seen, is of the
most uncertain and vague character. In
time of peace it is very difficult for ma
tons to understand their rights and OBJ
legations with reference to each other !;
but in time of war this difficultyis magni-
fed to very great extent, causing
the utmost anxiety and perplexity. The
complications arising out Of the Eastern
war will be constant source Of danger
to all the neutral nations. Tho exist
ance of such state of things should
render the nations moro alive to
tho necessity of settling the principles of
international law on firm basis and in
a clear and unmistakable form. There is
no way in which this can be done ex-
cept by uniting in q general code or
treaty, defining their rights and duties
both in war and in peace. OF course,
there are great difficulties in bringing the
nations to agreement upon tho express
sion of the principles governing their
relations and intercourse but it is &C.
lieved that many of these difficulties are
insurmountablc and that with the aid
of the international law reform associa-
tons established in this country and IN
Europe at least the adoption of a partial
code Of international law could besecured
were the governments to act in conform
ity with the enlightened international
sentiments of the age and the demands of
our civil law. The advantages of such
a coditication between Russia and Tur-
key as this will become moro and more
evident eventually, as the rest of Europe
finds il more and more difficult to under
stand its rights and duties with refer
enco to the t.-International Re-
view.