The times. [volume] (Richmond, Va.) 1890-1903, 1897-03-23
THE CRETAN BLOCKADE As AFFECT
ING AMEKICA.

ING AMERICA,
Sir II. Phillmore IS one OF the greatest
authorities on international law now liv-
ing. or. indeed, that ever lived. what
has been cabled to the press OF this coun-
try as the opinion that he has expressed
upon the legal aspects OF the blockade
Of the Cretan ports established by the
great Powers Of Europe. is undoubtedly
the law Of the case.
one nation has the right TO exclude
all other nations from trade or inter-
course with a nation that the first is
engaged with in war. provided the frst
makes the blockade Of the ports OF the
latter effective. But both of these con-
ditons must concur. There must have
been declaration Of war By one upon
the other. and the blockade must be
real and effective, and not a blockade
in name only.
Now Crete is an autonomous part or
the Turkish Empire. so recognized Tor
a long time and although the Powers
are said to contemplate detaching her by
force from the Turkish Empire. they have
not done it yet and. until they do it, ana
make proclamation of their action 20 the
world all the rights Of outsiders attach
TO intercourse with Crete that belong to
their intercourse with Constantinoplc. or
any other foreign port. which include the
right Of free trade with Crete. No one
Of tho Powers now engaged in biookading
Cretc's ports has declared war upon Tn-
key. and all the world, therefore. has a
perfect right TO enter and re-enter Gre
tan ports al its pleasure. and the Power
that impcdcs such entry does so at its
own proper peril.
in the present state Of tho case, there
fore # IS clear that the European Powers
have no right to exclude American YES
sells from Crete.
Nevertheless, is the case one IN which
we should be active in asserting our
EXTREMIST rights? We have not the
facts AT hand from which we can speak
docisivcly. but We doubt very mucn
whether an American ship enters Gre
tan port in the course of year. Our
rights are Of the abstract sort, there
fore that may never call for active as
sertlon. All Europe is now confronted
with a crisis of the most alarming char
acter, and If 1t can be safely passed
through by this small infraction OF an
ideal law, the civilized world viii tolerate
the infraction without much complaint.
However. for those restless Americans
who can never be satisfied with less than
the letter Of the law, we make this sug-
gosuon;
IT is a principle Of all law. international
as well as municipal, that wrong-doors
are liable sevcrally. az well as jointly.
England IS engaged in this unlawful
blockade. We are about 10 conclude q
general arbitration treaty with her, ana
il an An Crican vessel is excluded from
crete. England viii become liable to Us
for tho injury. The Americans who must
have the blood as well as the pound OF
IT Us may NtIlAllAs tl'itltihf 'ilat Nl'iN
shsr he an arbitration commission under
tn Il ca.y 20 make England pay US dam
ages tor her unlawful participation III
this blockade. 1T is true, the commits
sion would cost several hundred thou
saul dollars, while no more than go
Of damages might be awarded, but the
ST .k.aIs for Americas EXTREMIST rights
womi have had the national honor vim
d.cafCG. and that is something.
We suggest 10 them, too. that they
may Lose their whole case by no Amerl-
cal ship being excluded. SO that. by
way of procaution. it would be well for
them 10 fit one out and send it there TO
be excluded after NEEDLES fashion OF
inviting a rear kick TO secure law
suit for damages.