The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-04-14
CONTRABAND OF WAR


TO What Extent Coal May He Considered
ContrAband Not Yet Denniteiy Settled.
Any Goods Available For War Purposes.
Even N Used Peacefully. Are Contrsband.
In case Of war with Spain the question
Of what Is contraband Of war, subject to
capture on the high seds. will certainly be
involved. Since th. last great war, where
maritime matters were largely involved,
the conditions OF naval warfare have
changed TO very considerable extent For
instance. tho pressing necessity OF the re-
newal Of a warship's coal supply is of COM
paratiyely modern growth, and the ques-
ton 10 what extent IL may be considered
contraband Is not yet definitely settled.
In 1859, for instance, the United States
strongly objected to its being declared con-
traband, while in 1852 IL prohibited the
export of coal to the West Indies on the
ground that many ports there were merely
coaling stations for Confederate cruisers
and that to send coal 20 them was 70 help
the enemy. The British government seri-
ously objected 10 this discrimination
against it's ports. and the president then
prohibited the expectation Of coal TO any
port anywhere In the world, thus putting
In the Alabama award it was held that
the particular circumstances of each sale
OF coal In neutral ports must decide
whether or not it was a breach Of neutral
ity. From opinions delivered by members
of the Alabama court in the different cases
IL seems probable that 10 will in future be
held tbst hostile vessel may be furnished
with coal enough 10 take her home. but
not with a supply for the purpose of en-
abling her 10 cruise against an enemy.
This principle, IL maintained, would be Of
great importance. Itwould preclude Span
ish cruisers from leaving that country and
coming TO this in order TO do any pro-
ionged cruising against our ports. Few OF
them carry more coal than they need TO
cross the ocean and return, even at the
most economical rate of speed, and any
long stay on this side of the water would
render them helpless except to return
home. The same thing is true as regards
our movements in foreign waters, except
that few of our cruisers, such as the CO.
lumbia and Minneapolis, carry large
enough supply to keep the seas much Ion
ger than anything Spain possesses.
As regards many other articles of mer-
chandise, the question is little more set
tied. Many things have at various times
been held TO be contraband, but fixed rules
have been established as TO few of them.
Arms and munitions Of war are of course
contraband; coal, PROVISIONS money,
horses, medicines, merchandise, soldiers,
dispatches and diplomatists have all been |
so considered at various times. The gen.
eral rule is that any goods available for |
war purposes, even If ordinarily used for |
peaceful purpose, are contraband.
Trade in contraband goods is not by |
any means prohibited, nor is a neutral |
state required To prevent their export. |
They are merely subject to confscation if |
captured by the enemy. Thus If Cuba |
were recognized, vessels could clear for |
her ports with munitions of war without !
interference by our officers, as at present, !
but they would be subject to seizure If |
captured by Spain. In regard to this ques- ]
ton the law is well established. Two con
ditions may prevail:
First.-When a ship goes TO a blockaded |
port
Second.-Where she simply carries con |
traband to an open port.
Where there is an effective blockade |
that is to say, one where there is present !
blockading force. rendering access mani
testify difficult and dangerous ship |
attempting TO enter or leave that port is
subject TO capture and confiscation unless \
1t may have sailed for the port before the 1
blockade was declared, in which case it
can only be turned back. When a vessel |
has run the blockade, either inward or
she is liable to capture until the |
Of her return voyage, but is
not liable on any subsequent voyage.
Where there is no blackade neutrals may
send anything, contraband or not contra
band, to any belligerent port and are not
called upon TO prevent this being done,
but If these goods be contraband the bel
ligerent TO whom they are not in course Of
has the right TO seize them
and confiscate them. But only the contra
band goods themselves may be seized
Noncontraband goods on the same ship,
and the ship itself, are not liable to oonfis-
cation unless they belong 10 the same own
er, or unless there is some attempted fraud
involved, such as sailing with false papers
or with false destination. In this case tho
ship and its contents may be coDfiscated.
This right of confiscation involves the
right OF a belligerent TO stop and search
vessels of neutral which IL may suspect
OK carrying contraband. II is required,
however, to exercise this right with as lit
tie Inconvenience TO the ship that is stop
ped as may be possible under the circum.
stances. Chicago Times Herald.