The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-15
QUESTIONS OF NEUTRALITY
SOME NEW PROBLEMS IN TIER
NATIONAL LAW.
No Evidence That France Has Vio-
lated the Rules-Concession to the
Harvard at Martinique.

Washington, May 14.-The officials of
the state and navy departments strong
ly deprecate as mischievous and dan
gerous the efforts to create the impress
sion that France is not acting up to
the rule in the observance of strict
neutrality between the United States
ana Spain. They say that even were
there some slight foundation for the
statement, the time is very inoppor-
tune for newspaper attacks that might
involve France in the present HOSTILE
tles. AS a matter of fact, they say
there is no evidence of disposition on
the part Of the French colonies in the
West Indies to discriminate against
the United States and favor Spain. If
there has been any delay in the trans
mission of cablegrams from Martinique
10 the United States on the reverse di-
rection, our government is not in pos
session of any evidence tending in the
slightest degree TO show that obsta
cles were purposely interpOsed.
As far as the matter of cOaling is
concerned, there is also an entire alb
sence, as yet, at least, of any evidence
that the Spanish fleet was accorded
any undue advantage. If they took
coal at Martinique (and even this is
hot certainly known, much would de-
pend upon the quantity allowed. The
practice is to give a ship in such cir
cumStances just enough to carry it to
the next home port, which might be
Porto Rico or Cuba. If the Spaniards
replenished their coal bunkers from c1l-
Tiers lying in the port, another interest
ing question would be raised. In fact,
the application OF neutrality laws to
such cases as are row presented by
the frequent movements of both Span
iSh and American Warships is very
much becloude6.
4 distinguished official. one of the
leading lights of the construction of
international law, pointed to the fact
that there We're few Drecedents of
value to guide a neutral government
just now. and the probabilities are that
by the time the present war is at an
end. the United States. just as 1t did
in the war Of the rebellion, viii make
a good many precedents and a good
deal Of international law for the guild
ance of the family of nations here
after.
Such d question as that presented
h. the action of the French authori-
ties in OBTAINING the United States
steamship Harvard at st. Pierre for "a
hours after the departure of the Span
ish torpedo boat destroyer Terror,
which she found in that port, raises
in itself a host of interesting questions
and reveals the fact that there is abso-
lutely nothing like a uniform rule in
the matter. Some nations require, when /
two belligerent vessels meet in their
ports, that the first conner shall depart |
first. while the other shall be detained !
p hours.
Another rule is that the weaker YES |
sci shall be allowed to depart first. in |
order to prevent the stronger laying |
in wait for her outside. In other cases |
still. the second beat is not detained |
in port "A hours, but the neutral con- |
tents itself with a pledge from the |
commanding officer of the belligerent !
ship that he viii not engage in hostil- /
tiles with the other ship until "a hours !
shall have elapsed after his departure /
from port.
Generally these rules were founded |
on the old practice that obtained in the
days CT sailing ships. and they have
not been modified to meet the needs of
modern naval service. The matter of
coal supply is also obscured by doubt
ful interpretations in construction.
As far as the Harvard is concerned,
the rule has not worked to our hard
ship. On the contrary. the officials here
are rather inclined to be grateful to
the French authorities for their conCes-
sion Gf the privilege TO the harvard 70
in port until she has completed
some necessary repairs to her ma
With a number OF Spanish !
torpedo boats and cruisers lurking
around Martinique, there is 10 DISPOSE
ton on the part of the naval authOri-
ties to expose to their attack vessel
like the Harvard, absolutely without
protection against the smallest gun
fire, and without defensive power.