The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-04
Legal Cons eauences OF War.

While it is unlikely that congress
will this week make n formal declara-
tion of war against Spain. the probabil-
ity that a condition of war will soon be
reached lends interest to an article in
the Washington star pointing out some
of the legal consequences of such a
condition. From this article we now
quote:
IF a general war is declared, the
situation is governed by tire general
laws of civilized warfare, and every
thing that is recognized by the
international code of laws may
he done by one bcllgerent to
cripple, weaken and destroy the
other, even to the contiscation of
property on land and sea. AS II Gener-
al thing. the property of a citizen of
belligerent nation found within the ter
ritory of the other nation Is respected,
as are the owners life and liberty, but
in this country such properly could be
c0nfisCatcd by congress and the Su-
preme court, if such course was
deemed necessary as a war measure.
Spain would undoubtedly confiacate all
the property Of the citizens Of the
United states within it's borders, in the
event OF war, regardless Of the laws
bearing on the subject.
Under the law Of nations, a citizen
"f one country at war with another, is
given a reasonable time to withdraw
from the hostile territory, Il he see ut
4 III, t.
not clearly defined, in adjudicated
cases it has been held that eleven
months is more than reasonable
time. If. under existing conditions.
congress should. through the president,
issue an ultimatum to Spain that the
Cubans be granted independence, war
being conditioned on it's refusal there
would virtually be a declaration of
war the moment that Spain refused it,
War having been declared new civil
conditions and relations Immediately
| arise. According to one authority on
| International law, upon the outbreak
| of hostilities. the persons of the enemy
| are subject to Imprisonment and their
property to confiscation unless protect
| ed by treaty provisions. This alleged
! right of Imprisonment and confisca-
| tion is not always enforced. however,
| and notice Of the intention OF the gov
| ernment in this respect, is usually set
| forth in the declaration Of war. One
| Of the provisions of treaty entered
| into between Spain and the United
States in 1895 has a direct bearing on
this point. The provision in question
| is as follows: For the better promo
| ting of commerce on both sides, it is
| agreed that if a war shall break out
between the said two nations, one year
| after the proclamation of war shall be
allowed to the merchants in the cities
| and towns whore they shall live. for
collecting and transporting their goods
ana merchandise
Among the other effects of decla-
ration of war in addition to the actual
hostiIities, are the suspension of the
remedy for the collection of debts, the
cessation Of all intercourse between the
| countries at war and the respective
| citizens thereof (unless sanctioned by
the government or in the exercise of
the rights Of humanity, the suspension
Of contracts and the cessation of the
running Of interest"
Ii should be added that these conse-
| quences affect only contracts between
| Americans and Spaniards. The amount
Of business done between citizens of
Spain and citizens of the United State.
is not sufficient at this time 10 involve
much hardship through its Interrupt
tion by war. There IS consolation, too
in the probability that the war will be
| brief.