The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-07
What Americans May Sell to RUS


OF Maine brings our relations 10 the I'M
pending war between Russia and England
wildly before the American public. Russia
needs many things which the United States
can supply, and it is important that Ameri-
can merchants and shipowners be able to
discriminate between unlawful and permit
ted transactions Our neutrality laws are
very strict and our people have no desire to
violate them. When the boundary line
is clearly drawn they will respect it,
and what they want to know is between
what classes of transactions the legal boun-
dairy runs. Can Americans sell ships to
Russia, and if so, with what limitations?
Can Americans sell arms to Russia, and II
so, under what liabilities? These are the
only questions which as yet seem impor-
tant, because ships and arms are the only
things which it seems likely that Russia
Will wish to purchase Of us.
AS to arms the case is perfectly clear and
free from all difficulty. War or no war, the
trade in arms is as free as any branch
OF commerce, so far as relates to in
reference with it by our government
Until war shall have been declared
the trade in arms and munitions is under
no restriction any more than trade IN
wheat or cotton. After declaration OF war
the trade in arms is equally free from gov
eminent restraint, but is attended with con-
siderable risk. Arms are contraband of
war, and are subject to seizure by the bel
ligerent against whom they are meant to be
used, but trade in them is perfectly free,
subject to this risk on the part Of the own
ers. It is for them. not for the government,
to decide whether they will take the risk
Of capture. But this risk will be
incurred by Americans only when the
contraband goods are sent abroad with
out change Of ownership to find
market with one or the other belligerent.
But this is not the ordinary course of this
description Of business. It is hardly sup
possible that American manufacturers Of
arms or American dealers in arms will be SO
imprudent and venturesome rs to send
their property abroad in search of market
subject to the risk of belligerent capture.
They will sell to Russian agents for cash,
and having got their money they have no
further concern about the goods which are
no longer theirs. The Russian agents will
ship them at the risk Of their own govern
ment. If they are captured and for
feited as contraband Of war the loss
falls on Russin, the new owner, and her
losses will merely serve to extend the Amer
lean market, since Russia will buy more
arms to replace those captured by the
enemy. The most recent and approved
writer's on international law merely in
dorse the exposition of this branch
of it put forth by Jefferson, in
1903, in on early stage Of the mighty
wars between England and France growing
out of the French Revolution. The British
government, with its customary arrogance,
had protested against the sale Of arms
to France by Americans. Jefferson,
in communication to the British
Minister, stated in reply what is now
the accepted law Of nations on this
vincing as was his habit in diplomatic argu-
ments. "Our citizens" wrote jefferson,
shave been always free to make, vend and
export arms. To suppress their callings,
the only means perhaps of their subsist-
ence, because o war exists in foreign and
Germ, would scarcely be expected. It would
be hard in principle and impossible in
practice. The law Of nations, therefore, re-
specting the rights of those at peace, does
not require from them such On internal de-
rangement of their occupations. It is satis-
fed with the external penalty pronounced
by the Presidents proclamation, that
Of confscation Of such portion Of
these arms as shall fall into the
hands Of any of the bclligerent Powers on
their way to the ports Of their enemies"
The view Of jefferson is at present the
universally recognized doctrine on this
point. Subject to the risk Of belligerent
capture, the sale of arms to Russia is as free
to citizens Of the United States as any other
branch Of trade. If the arms arc sold to
Russian agents the risk Of capture falls on
the purchasers, and even they are safe up
to the time Of an actual declaration Of war.
Arms caIi be captured on the ocean only in
the exercise Of belligerent rights, which fol-
low, and cannot precede, the actual out
break Of hostilities. Russia has, there
fore, the free use of our markets
for the purchase of arms and NUM-
tons. England cannot complain Of this,
since sho sold arms to both parties to our
civil war in the exercise of o right which
our government never called in question.
When we como to the sale Of ships the
subject assumes q different aspect. Tho
damages which England consented to pay
for permitting Confederate cruisers to es-
cape from her ports, while We made no
complaint OF the sale of arms to the Confed-
crates, attcsts tho different footing on which
these two branches of trade are admitted to
stand. Our neutrality laws are remarkably
strict in forbidding the fitting out and
equipment Of ships intended for hostile