The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-03

Although II is by no means proper Tor
n neutral power TO interfere with the
workings OF prize court or TO dictate rs
TO what shall be the mode OF procedure,
there il evidently right to insist that the
verdict shall be in accordance with the
evidence, consistent with international
law, and that the evidence shall be com
petent and reliable.
The points OF international law involved
in the case of the Iaytian Republic must
be carefully examined before admitting
the Justice OF her condemnation.
AS TO the charge of carrying contraband
Of war; of landing and selling n small gun
(said to be her salutng gum, the proofs OF
| which are not sufficient, International law
clearly asserts that n neutral ship shall not
be condemned for such oilenses unless
she is caught in the act AS soon as she
lands or disposes OF her contraband arti-
Giles she is no longer liable TO seizure for
that oiIense, even II IL has been done in
tcntionally and with full knowledge OF the
existence OF hostilities. Nor has 1t been
the custom in many cases TO condemn the
vessel even when caught in the act, but
the contraband articles alone have often
been contlscatcd, and the vessel and inno-
cent articles have been allowed TO go free,
especially when owned by different per
| sons.
As 10 the charge Of carrying troops and
| dispatches the same rule applies az IN the
/ case OF conlraband articles vessel is not
liable to condemnation unless caught in
the act. Tho law ispericcty clear and in
contestable on this point also.
Now, these alleged ofienses having been
committed by the Haytian Republic be-
I fore she was captured, there being no
! troops nor guns nor contraband articles on
board when she was seized, II follows that
these acts do not justify the condemnation
J OF the vessel by international law. IL Is
clear, therefore, that these alleged services
10 the revolutionists should have had no
weight in securing the verdict OF condem-
nation, except in 40 far ~ they might
, serve 10 prove evil intent regarding the
breaking of the blockade and tho carrying
oi emissarlcs
PERHAPS THE CAPTAIN DiDS'T KNOW IT.
As to tho charge OF carrying cmissarcs--
/ that IL, civilians belonging 10 the reyolu-
tonary party, international law ~ by no
means clear az TO the liability 10 seizure Of
such persons when carried az passengers
in neutral vessel. Tho Trent affair did
not fully settle that point Earl Russell
not only claimed that Mason and Slidcll
were not liable 10 seizure In going from
one neutral port 30 another, but he ~.
serted that they should not have been
seized in any case. But even admitting
that neutral vessel might be taken into
port In such case for investigation by n
competent court, IL does not follow that
the vessel is liable 10 conilscaiion. Tho
usual rule In the case OF contmhand might
with reason bo applied and the ship per
mitted TO 20 free, unless II were shown
that sho was chartered by the revolution
lists, or that tho captain knew that he was
carrying hostile persons
mail steamer engaged in carrying pas
sengcn might be required 10 exercise rea-
sonablc care and to refuse passage 10 such
people, but captain should not always los
condemned for failing to detect them since
the means Of doing No are not simple. IL
" perfectly plain that the steamer WIS not
liable 90 condemnation for having carried
cmissarics on the trips previous 10 her
seizure, and IL may be- doubted that few
hostile civilians found among her passcn-
gers when captured lawfully subject her
10 conhscAtion.
. In this particular case tho result was
, rather amusing u reports are true. The
, or hanged, but they wcrr given hearing
by the government authorities, were treat.
Ell To champagne and won over 10 the pro.
yisiOnal government. Under these cir.
cumstanccs the captain of the llnytian
Republic should have been rewarded rather
than condemned, siic' ho WIS Ihc
means oi winning adhcrcnis from the ranks
Of the enemy. The provisional govern.
mont would never have had the oppor.
tunity To win thcso cmiE'arcs had II not
| been Tot the llnytinn Republic, whose cap.
, tain WIS the innocent means VI bringing
these gentlemen under the benign aud
soothing influence OF NJ. Lcdtmo's cham.
, pnrnc. II would evidently pay the pros
, yi-.onnl governmental hirc a number Of
, lIayiian Republics To gather In the pout.
. ing rorthcrncrl II the results could be NJ
4. thnppy IN an cascs Viewed in H. serious
Z. or ln 90 comic aspect and according to Law
and custom, ID IL not clear that the chafgt
. Of carrying cmissarics Iusiiiicstho eonfica
r ton OF this steamer
, The only charge remaining 10 bc consid
cred h that OF forcing the blockade. II hai
been the custom IN recent years not onl,
10 publish general notification OF ablnck
. adc but IN warn vessels or ut the block
/. AIDED points until the could DO know
, everywhere.
n has been very clearly the tendency Il
, late years for France and other EurppcnI
{ powers To observe Ike practice and Civ
, neutral vessels every possible chancc. J
! y an undcninblc fact that the llayiial
F.. Republic did not know and could not hay,
heard oi the existence oi n blockade whci
A she approached the port Of - Mans. TIL
g question H. therefore, whether the fact a
- a guuboat firing her guns Ia the distance
~ was nn Ineligible notification oi the cN
z isicncc oi blockade. Gunboais flW gun
(, lor other reasons, target practice, ior Ia
4 stance, aud u iH not the custom Tor mcr
q chlnt-mcu 90 hCayc a. ON that account un
b. lees the mln.oi-War Ia ~ close NJ TO max
4 her meaning perfectly clear 10y firing n sho
g ucruss the bow oi q merchantmen.
Il TuFu UuNuo,Is uoN'r PRACTICE.
~ II b. only fair 10 state In connection viii
- the matter 1T target practice that a roi
y au Prince paper hootud nj this excuse nj
~ the plea That llayi.an gunboatH mover IN
dulgcd in the iuyuNly of target practice
pr sill, anculml might not know that the
F hushaudcd their ammunition ~ cafciull
10 aud saved ID an lof storm realities Of acluu
battle.
Tho distance OF ilic gunboat Is q Yer
4. important point. She was evidently ot
10 ~ range. aud 10 b. oven claimed that M
~ was so lar away that her guns could not d
Be- heard, nothing hut the smoke telling
lc the firing II n not just 90 Insist that
tt, U.uIrlI t.sH..l nfftf.HaltI 40 Ia t.Frf ,stfI..