The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-08
AMERICANS MAY SELL ARMS.
Conspirators Have Hard Rows
to Hoe.
ATTITUDE OF AMERICAN STATES
Penalties Specified in the Statutes
Against Those Fitting Out YES
sells for Privateering.

The course of events in the war between
China and Japan is being closely watched
In this city. In insurance and shipping
circles more particularly the interest is
keen and much speculation is INDUCED in
as to the probable duration of hOstilities
and the effect on San Francisco COM
mercial interests. There are rumors, too,
more than few, that all kinds of long,
lank, lean, dark, dank conspirators are
plotting their prettiest TO make things
hum on one side or the other.
1t is just this latter sort of gentry that
the trainers of the United States neu-
trality laws had in mind, when they drew
up the statutes; and the consequence is
that the revolutionary adventurer will
have hard row to hoe fitting up expedi-
lions in this country to descend ON
power friendly to the United States.
On the other hand there is nothing in
the neutrality laws to interfere with any
citizen of this country from selling arms
or ships or munitions of war to either of
he belligerent powers. Even the United
States Government can go that far if it
has arms to sell. Charles Page of the law
firm of Page, Eells & Wheeler. who was
of counsel in the celebrated Itata case, ex-
planned the bearing of the laws on this
point yesterday.
There is nothing to interfere" he said.
with an American citizen selling arms or
delivering them To the Governments of
China or Japan. They are subject to the
risk only of being intercepted in transit by
either one or the other of these nations on
the ground that they are contrabands of
war, IN case war is recognized to exist by
the Government of the United States.
This last point is the one that came up
in the case of the Itata, after the memora-
bic chase by the Charleston, in which
Senator White and myself appeared for
the Itata claimants. The Attorney Cen
eral of the United States fought the claim
on the ground that the United States,
not having recognized The Chilean revOlu-
tiOnists as belligerents, it was violation
of the neutrality laws to furnish them
arms. On this point we contended that
the Government not having recognized
state of war to have existed in Chile, the
AttOrney-Gen6ral could not be allowed to
plead the neutrality laws at all. Judge
Ross took our view of the case and the
Court Of Appeals affirmed the decision.
The decision was. in effect, that our
furnishing arms to the revolutionary Gov
eminent in Chile was perfectly legitimate.
and that the revolutionary Government had
a perfect right to send its agent to San
Francisco to receive arms so purchased
and take them down to Chile without
in interference from this Government.
1.-THE japanese Government and the
Chinese Government may each come here
and buy from our merchants any arms or
ammunition they may desire. That was
decided by a committee of the Senate of
the United States during the Franco
German War, and that committee had
some of the ablest lawyers of the United
States on it. 1t was held that the United
States Government had the right TO sell
arms. IL it had any for sale, to either one
of the belligerents, and the other would
have no reason to complain. The principle
is that. because two nations are fighting
each other, 1T is no reason why the COM
merce of another nation should be injured.
That has been the doctrine of this country
from the very beginning.
1.-The only thing we cannot do without
doing an unfriendly act and one which
would be the cause of war, perhaps, is to
allow expeditions TO be fitted out from our
ports with the intention of carrying on
hostilities against either one of the couu-
tries. That was the charge we brought
against England in the Alabama case"
The statutes go on further to state that
every citizen is forbidden to accept service
with foreign prince IN any war against
a people with whom the United States is
at peace. 1t is also forbidden for any cit
iZen to enlist or 10 hire or induce another
man, or to go beyond the limits of the
ing, in the service Of any foreign prince
as a soldier or sailor on board a war YES
sci or privateer. Citizens are also for
hidden to arm or attempt to arm, fit out or
procure TO be fitted out or be concerned in
furnishing. fitting out or arming any yes
sci with the intention that it shall be en-
plOyed in the service of a foreign prince
to cruise or commit hostillties against the
subjects of any foreign prince with whom
the United States is at peace.
This law will shut off citizen conspir-
atorS. and. if necessity requires. might be
stretched enough to cover the Poles and
Huns of the Pennsylvania coke region
who have expressed some desire of enter
ing the service Of Japan.
In marine insurance circles the question
Of war rates has been somewhat discussed
in general way. The general policies
provide against this, but the general feel
ing among the officers of local and foreign
companies is that they would take war
risks if asked. They are waiting now for
further developments, and there is no tell
ing just at present how the commerce of
this city will be affected by the hostile att-
tude of the Japs and Chinese.