The herald., 1898-04-25

haps. provoke the interposition Of any neu-
trail state affected.
Until such list is prescribed whether ar.
ticies compared are contraband of war will
be governed generally by the law Of nations
and specifically by treaty stipulations be-
tween the belligerent captor and the neu-
tral state to whose subject the articles be-
long.
international law gives no hard and
fast rule for the determination Of the ques-
tion of whether articles are contraband,
except the general rule that all articles
Of an essentially warlike character and
destined for an enemy's use are CONTRA
band.
Many articles, such as provisions, coal,
ETC.. are of an equivocal character, and II
destined for the enemy's use are deemed
contraband.
'It follows that II such lists should be
prepared by the United States and Spsfn
they may be Identical, or may be widely
divergent, depending upon the policy Of
each government. The action of each gov
ernment will bind only itself and It's own
prize courts and neutrals. The question
whether contraband or not might, there
fore. depend upon whether the captor was
American or Spanish. And shippers in
neutral vessels would not only consider
the goods shipped, but whether destined
for American or Spanish ports and whether
the goods are included in the list denounced
as contraband by one or the other state.
This government has already announced
that 1t will not resort to privateering. In
the light of the previous declaration by
this government, Spain's announcement
that she will treat our privateers as pirates
is brutum fulmen, worthy of Don Quixote.
The Spanish government has published It's
intention to exercise the right Of search.
The right to do so is undoubted. But this
right can be lawfully exercised only for
the purpose of determining the nationality
Of the ship and it's destination, whether
its goods are neutral or enemy, whether
contraband or not, and whether it's con-
duct is neutral. Whether Spain adopts the
policy adopted by this government, that
the neutral flag protects the goods, If the
vessel and its conduct are neutral only con-
traband goods in such ships are subject to
capture. OF course, all merchant ships
must respect an effective blockade, on pen
atty of capture and confiscation.
1.-THE proposed concerted action of the
powers for the protection Of the flags of
neutral powers Is believed here to be de-
signed as a warning to Spain, rather than
to have any other significance. The rep
resentatives of the powers say the contem-
plated action is a very likely and natural
move, although their home governments
have transmitted to them no notification
of the negotiations to that end. 1t is
measure of precaution, sanctioned by the
usages of past conflicts. but there is not
implied in 1t. as understood here, any dis
position to question the sincerity of this
government, as expressed in the formal
notification of the course 1t will adopt
''The full observance of the neutrality
ment is not regarded as at all certain. At
the embassies of the powers seeking con-
certed action-Germany, France, Austria
and Italy-and at several others likely TO
be interested, there was no information on
this subject. This shows that the powers
are carrying on their negotiations inde-
pendent of conferences with their repre-
sentatives In the two contending countries,
and will await some definite result in the
way of formal understanding and agree-
ment on concerted action before communi-
cations are opened with Washington and
Madrid. 1t is possible that no concert of
action can be agreed on. On various occa-
sions efforts at concerted action on neu-
trality enforcement have failed by the re-
fusal of one of the great powers to par
ticipate."