The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-25
SPAIN AND PRIVATEERING.
SHALL COAL BE CoNTRABAND
OF WAR?
Attitude of the Sagasta Cabinet On
These Questions Treated By So
bcitor PenheId.

Washington, April 24.-The Spanish
article published by the Gaceta as to
the attitude of that government re-
garding privateering and the question
whether or not coal shall be held con-
traband of war. was discussed by the
state department officials today. In
response to questions put to him by a
representative of the Associated Press,
Judge William l.. Penfield, the solicitor
of the department, made the following
unofficial statement, which. he said,
is not to be regarded as indicating in
any way the action and policy of this
government, but is given for the in
formation of merchants and shippers:
This government. has not vet OIL
cially prescribed a list of articles which
it will treat as contraband of war. If
Spain has taken any such action, it is
not yet made public.
Each government is competent to
prescribe its own list for the guidance
of it's own authorities. Such list Is
conclusive upon the government max
ing il and upon all neutral nations, in
the absence of any disregard of the
treaty engagement and of international
law. Any gross disregard OF such law
or treaty obligation would perhaps in
woke the interpositioI - any neutral
state affected.
Until such list is prescribed, the
question whether articles captured are
contTaba=d OF wa viii be governed
generally by the law Of nations, and
specifically by the treaty stipulations
by the belliGerent captCrs and the neu-
tral state to whose subject the arti-
cles belong.
international law gives no hard and
fast rule for the determination of the
question whether articles are contra
band. except the general rule that all
articles of an essentially warlike char
acter and destined for an eneny's use
are contraband.
Many articles. such as provisions,
coal. etc. are of an equivocal char
acter. and If destined for the enemy S
use. are deemed contrabard.
1T follows that if such lists should
be prepared by the United States and
Spain, they may be identical, or may
be widely divergent, depending on inc
policy of each government. The action
of each government will bird oniV it.
self, and its own prize cour,s' and neu-
trails The question whether contra
band or not might therefore depend
upon whether the caDtor was Ameri-
can or Spanish. And shippers in neu-
tral vessels would not only consider
the goods shipped. but :. neither des-
tined for American or Spanish ports,
and whether the goods are included in
the list denounced as contraband by
the one or the other state.
This government has already an
nounced that it will not resort to pri-
Watering Spain has announced the
same policy. In the light Of the pre-
vious declaration by this government
SPANS further announcement that she
will treat our privateers as pirates is
brutum fulmon. worthy of Don Quix-
ote. The Spanish government has
published it's intention to exercise the
right of search. The right TO do so is
undoubted. But the right can be law
I fully exercised only for the purpose OF
! determining the nationality Of the shiI
and its destination, whether its goods
are neutral or enemy, whether contra
/ band or not, and whether its conduct
! is unneutral or neutral. Whether Spain
! adopts the policy adopted by this gov
eminent, that the neutral flag protects
the goods. if the vessel and its conduct
are neutral. only contraband goods In
such ships are subject to capture. OF
/ course. all merchant ships must re-
spect an effective blockade on the pen
/ atty of capture and confiscation."