The San Francisco call., 1896-02-05
WAR AND NEUTRALITY.

Until the state of war arises the condition of
neutrality does not exist. Neutrality is a cor
relative of the state of war. When war, and
consequently neutrality, arise-and they arise
together, the one as the consequence and i'm
plication of the other-then the law of nations
also becomes operative. The character of con-
traband or otherwise attaches to goods, rights
of seizure accrue to the belligerents, the state
OF neutrality attaches to other nations, and
along with the state those certain duties,
privileges and responsibilities that are Incl
dent TO it. Prior to the existance of state of
war and of neutrality the only obligations
resting upon nations are those imposed by
their own municipal laws. They are bound 10
enforce these as self-imposed obligation. If
they wilfully neglect to do SO q friendly nation
suffering through such neglect would have
moral claim to indemnity. III some instances
this claim might derive support from the Ian
guage of treaties.
These elementary propositions are notwlth-
out their bearing on the resolution adopted by
the United States Senate looking to q virtual
demand upon Spain to affirm the status of her
operations in Cuba. The position of the
United States as friendly power is becoming
intoler rabie. They nave the moral right to in
s1st upon being put in the position OF neutrals,
to which will attach certain clearly defined
rights and duties. If Spain is engaged in
war property contraband OF war is subject TO
vessels on the high seas may rightfully be
oyerhauled for the purpose of ascertaining the
character OF the cargo. If Spain is not at war,
but is engaged in no more than the police per-
formance of repressing domestic disorder, it
follows that she possesses no such rights on
the high seas.
It's own laws by fitting out expeditions to levy
war against nation with which it is at peace,
they have an unimpeachable right to sell to
wnom they please goods which, when the
q frQ hQ n md IN
clear such goods at any port of entry. This
primary right is not abridged even by the ex-
istence OF the state of war itself. No right of
interference at the port of shipment accrues
10 spain now, SO long as she is not at war, un-
I'll the goods come within her territorial
waters. Then, but not till then, her general
ponce powers attach; she acquires the same
KIND OF right to deal with arms and munitions
afoat that she would if they were loaded on
pacKtraln ashore, in custody OF owners agents
and destined to the use of rioters or insurgents
But even If at war Spain would have no moral
right OF protest nor any right Of interference
TIL the goods were clear of port and on the
high seas.
Upon representations made by the Spanish
Minister, and acting out of its own redun-
dancy OF zeal, the Federal Government has set
spies over several lawful shipments. and insti-
tuteI proceedings to prevent their clearance
wien wholly lawlesS procedure has been
quasned by the courts directly they obtained a
nearing. In Florida similar measures have
peeu carried out In a way even more high
named and without shadow of right. The
right TO enforce its own laws by arresting a
preach OF them in the very act is one thing;
the Feoeral authority may thus prevent the
sailing OF body of men organized for hostile
operations against Spain. A vessel clearly
Dullt for warlike purposes is not liable
70 eonnscatlon under any rule of law
SO long as a state of war does not exist
sne cannot even lawfully be converted
70 US own use upon payment of her value by
lhe government in whose port she lies, SO long
as no state of war exists. she must not sail with
lhe lntentlon H Of levying war on a power with
wnom the Government is at peace, for that is IN
oHense against our own laws, not against the
nor reasonable presumption of that destina-
non can De proved against her, she has law
Iui rlght 10 her clearance. The business of
piaylng detective and policeman at the dicta-
tion OF the Spanish Minister has already put
the government in o contemplate position,
ana us tlme the who.e business were stopped.