The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-27

troll of duly com olcers-this being point
about which some doubts are entertained
Professor Bun.scnl 10 SAID 10 have been referred 20
IN connection with thts very matter ~ tho outoreak
o. tns FrancoGsrman war when No gAs W has since
90 the chisi oil the Imperial Russian oocsg lor
Inc Protection OF Maritime Commercs-thAt nef-
chant vessels might be turned iuto cruisers or otheF
vessels, provided their crews were organized In
military manner and placed unaer Responsible ofcsrs
RHGuLAR COMMISSION ONLY NkEDkp
According 10 Inc treaty OF 1855 ia course-wnion
only be translated by 'privateernx-"is ana re-
lshed, prvaIssrlug, according Professor Bluuscn,
has simply been reguarzsd on a formal OASIS. Even
IN me OLD days Of prlvsteerng no commanusa %
Recognised VINO dd nos mold letters VI msiqus
These, however, we're not. "a rule, ISSUED 70 cue
commander OF prvatecr, but usually 10 its owner
anu TINS method oil 0fhoering private SHIPS LOT I'D
course" Professor Buntsonn MAINTAINS, no longer
recognized ny The Powers winch signed me treaty o.
Paris. ANY number Of prvateers however may We sent
GU, PROVIDED they be paced under officers holding
Responsible 10 Inc higher naval au-
tnorilsS thus, regard 70 this particular point,
tho law OF war al sea Is assimated thai OF war on
land, ~ Interpreted by Russis, Ausrs uermsny anu
explained by tue HeldeIDerg jcrist, would have NO
practical effect IN uoing away with what useo 70 "
called 'priva,sering." The exact meaning Of the
term ia course defined A. the PARIS Conier-
encs, and possiby MOI cvcTy representative ptesen.
attached 70 the same s'ssnc4'o so, ,i Sas
winch is also tno WOW Of the German govern
ment anu apparently that Of the English governments
In the Paris treaty On subject prvatesrny was,
not 10 away with H. but merely 10 attach 10 Inc
unte.rs would be nearly IL The same position VI the
officers and crows OF privatscrs Ia iormer days But
II Professor Bluntsohs interpretation Of the clause
be the true the captain Of oacn steam yacht or
other vessel used Tor making war upon ibs sn.my's
commerce would be required 10 mold commission
from the Crown and would be Responsible 70
superior officer.
PRECEDExTs HISTORY.
II is known that wnen the War oil 1870 broke out
the Prussans 80 accepted Professor Biuntschi's
lucas tho subject Of privatecrDg that they pre-
pared 10 organize officers aud men Tor serves IN
Vh tah IA
while acting direcliy under government authority.
Vessels SO manned would possess as macn and as
steamers The Black Sea which Russia ~ the be-
ginning vi inc with turkey Converted into war
ships anu placed the Official list Ut The impsrai
navy. Seeking TO establish perfect analogy between
At and on land Professor Buntscni argues
IN his letter, as ne mad previously aons IN hls wen
Known work on international law. mat private prop
erty At ought not 70 be liable TO capture ~ NIL
lin the ancient times" NO says, "the ships Of The
conquered were seized aud The crews Carried INTO
slavery. When slavery ceased The properly alone u
the vauQusnsu became tns prey Of Ihs victor ana In
naval warfare, but IN naval warfare only, TINS prn
cple is observed even TO the present time" In war
land he adds the r1at Of soizing private properly
mas oosn snrsy gwen ssa ~ - npyS,a
properly ~ sea snouid not W equally Aoandoncu. NO
one, however, woo mas paid any attention 10 recent
tai wars including IN particular the war VI
Germany against France, can admt that the custom Of
seizng private properly IN war by land MAS been leu
urely gwen up" Properly Is not dss,royed from
mere onness-not, At ieast In wars between cav
Ilizeu mm.nnieS; but as long rs me system Of
reQulst1ons IN ktud ana money cuntriOu0nS 10 moIn.
tanned Is Idle 10 pretend that private properly 10
respected. The principle mat everything belonging
the conquered be maue use VI w the coLquer-
10 still recognized, though IN greatly modihed
FORM IL might even Ne argued that Tue ancient pac-
OF ensavpK the Inhabitants has not been alto
Rether for Inhabitants arc still forced
to invaders, not indeed AZ hshtng men, but az
carriers of provisions and ammunition. assinlate
war NJ sea 10 war on land II wouu be desirable nrss
be able to partition the ocean into districts. as
h country 10 partitioned by An occupying army.
In an N vsded counry no one Is allowed to pass out
nf mia "A
may DO carried, partly that the Inhabitants may
not jvin the ranks ot The national army. II msr-
chan could be similarly detained IN particular
without Deing captured II might De worth while
consider whether other respects war at sea and
war land could be regulated Wy the same princi-
pies Essays the most practicable plan Tor setting
International ieuds without fghtng would form ust
but dull reading ~ would De interesting, now
ever, might even be important 70 lave tho clause
in the Paris treaty on The subject Of privateering
Interpreted by one OF our Eugllsh International
juriss may may not accept tho Interpretation
gwen by Professor bluntsCnlL