The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1898-02-28

countries at war and the respective citl-
zeps thereof unless sanctioned by the
government COntiScatiOn OF property
BELONGING to the enemy is also one OF
the usual results attendant upon the
breaking out Of hostilities In the event
of war between the United States and
Spain there would be no property con-
fscated or resident Spaniards made pris-
oners during the first year OF the war.
This is due to treaty agreement en-
tered into between the two countries IN
1895 and never since abrOgated 10
quote the language of this agreement, 1t
reads as follows:
For the better promoting Of commerce on
both sides ii ia agreed if a war shall break
out between the said two nations, one year
after the proclamation OF war shall be al
lowed TO the merchants in the cities and
towns where they shall live. for collecting
ard transporting their goods ana merchan-
disc
Ordinarily the breaking out OF war
between two countries carrlcS with 1t
the immediate suspension of commercial
intercourse. The international law
which applies in such cases is terSely
stated by Kent in his celebrated COM
mentaries. Says this distinguished au-
thCrity on the subject:
one of the immediate and important con
sequences of The Dc, laralion of war j.. The
absolute interruption ana Introduction cf all
commercial "C"respCndencc intercourse.
ana dealing between TIL subjects ii III"
two countries The tdea that any COM
ner"iAl Intercourse or pacific dealing, can
lawfully SubstSt between the people of IN"
powers at war except under the clear ana
tAp,,SS sanction of the government, ana
without special license. is utterly inCon-
sI>t"nt vita the new class of duties grow
ing out of Il state Of war. The Introduction
flows necessarily from the principle already
st-ted, that a state of war puts all th"
members of The two nations respectively
IN hostility to each other; and to suffer i'll
dtVI'st ais TO carry ON a friendly or CONNER
ci4l Intercourse while the two governments
were al war would be placing the act of
the government ana The acts of the indiNld-
ual III contradiction TO each other. IL would
c0uhteract tn" operations of war. aud throw
obstacles in the way of the pub,ic efforts,
and lead to disorder imbeCllity and treason.
Trading SuppoScs the eNlstenc" of civil con-
tracts and relations. and reference 30
courts of Justice: and it is. therefore. nee
esSarly contradictory to a state of wan. f.
affords aid 10 the enemy in an effe1tual
manner by enabling the merchants of the
enemys country 10 support their govern
meut, ana it Facilitates the means Of con
veyn% intelligence an,. carrying on a trait
Urous correspondence with the enemy
These considerations apply with peculiar
force to maritime states. where the prln-
Cipal object il to destroy tn" marine re
sources and commerce Of the enemy in
order 20 force them TO peace.
In the event of war between Spain and
the United States the diplomatic and
trade relations between the two coun-
tries would cease Immediately. and while
under the terms of our treaty agreement
with Spain, resident Spanish subjects in
this country would be allowed one years
time in which to wind up their affairs
this consideration would not be shown
10 them longer under any circumstances.