Evening star., 1898-03-12

Their Attitude In Regard to Priva-
feerinE.

Their Attitude In Regard to Priva-
feeriRE.
From the Philadelphia Record
Formerly neutrals as we'll as the citizens
or subjects of the belligerents might ac-
quire the right by letters of marque to
cruise against commerce; and as privateers
were allowed to keep for themselves all or
nearly all the proceeds of their prizes pri-
Watering became a lucrative trade for
lawless and adventurous spirits. The seam
dal growing out Of a trade which was little
better than piracy became so great, how
ever, that toward the end of the eighteenth
century nearly all the states of Europe
and the United States as we'll enacted laws
prohibiting their citizens CT subjects from
engaging in the service of any foreign
prince or state to levy war upon friendly
nations. A prohibition to this effect is in
cluded in what are known as our neutrality
laws; and no American citizen can lawful
l! serve as a privateer under a foreign flag
against a power with which the United
States are at peace. This legislation prac-
tcaily put stop to licensed piracy by neu-
trails
By the declaration of Paris, in 1857, all
privateering was abolished; but Spain.
Mexico and the United States have not
subscribed to the declaration of Paris. and
neither of them is, therefore, legally bound
to observe the agreement, although defer
ehce 10 enlightened puDnc opinion would
doubtless restrain them from adopting this
reprehensible method of naval warfare if
either should become involved in hostilitfes
with another power Moreover it might
prove extremely dangerous for either
Spanish or American privateers to make a
prize or vessel carrying neutral goods
such merchandise mot contraband of war;
Deing exempt from capture, in accordance
with the terms of the declaration Of Paris
even when carried in the vessel of an enc
my. II a private vessel licensed to commit
piracy under Spanish authority for in
stance should capture an American coaster
laden in part with British and French mer-
chandise. and take the ship to Cadiz to be
condemned and sold, Spain would doubtless
be brought up with a sharp turn by Great
Britain and France, and the commanders
of British or French naval vessels who
should meet the venturesome privateer on
the high seas might not scruple to treat
her letters of marque sLs a nullity and her
crew pirates.
The current opinion that American doc
trine favors privateering is erroneous JEFF
ierson, 1t is true, held privateers to be
cheap and effective weapons of offense"
and he said that nothing should be spared
to encourage them" AT the same time
when these principles were defended by
Jefferson. however, this country was COM
parat1Vely weak, having just emerged
from gigantic struggle with the greatest
maritime power of the world and was soon
to be involved in another naval war with
England. Moreover. public opinion had not
yet pronounced judgment of condemnation
against licensed buccaneering On the
other hand Franklin succeeded in embody-
ing an article in the treaty of 1885 between
the United States and Prussia by whicn the
contracting powers agreed that neither
would grant or issue commission to "any
private armed vessel empowering the
same TO levy war on the commerce of the
other. Secretary of State Marcy did not
refuse to become a party to the declaration
OF fafls because he approved of priyateer-
ing, but because the other signatory poWers
refused to consent to the exemption from
maritime capture of all private propertv
Except contrahand of war;, whether be-
longing to an enemy or to a neutral
The adoption of this principle would have
made the prohibition of privateering un-
necessary, because the exemption of all
private property, including ships. from bel
hSerent seizure would have left the IL
censed pirates nothing to prey upon The
position of the United States is TINS In
ADVANCE or the other powers; and a gov
eTnment Which stands for the inyiolability
OF private property at sea as well as on
land could not without self-stultifica ton IL
cense its citizens to loot peaceful mer-
chantmen. No letters of maraue were
granted by the government even in the
issued by any nation since 1856
Spain would not be likely to run counter
to the general sense of the civilized world:
ana, while not technically obliged to re-
fraln from employing privateers she would
probably hesitate to bring down on herself
the ill-Will of all the neutral powers who
possess maritime trade.