The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-26
Principle of international Law
That VIII Arouse the Opposition of
Spaniards and Their Friends.
CAPTURE OF A SMALL VESSEL
TWO-MASTER TAKEN AS SHE WAS
LEAVING THE HARBOR OF HAVANA.
Sent to Key West in Charge of "a z'rixe
Crew-PeOple on Board Preferred
American Prison to Starvation.

A
WASHINGTON, June 25.-Under the head
of Instructions to Blockading Vessels and
Cruisers" the Navy Department has issued
general order No. 1872, which is likely to be
hereafter considered the most complete
epitome of the best international law relat-
ing to blockades. The work has been in
progress for months, and the best legal
minds in the State, the War and Navy De-
partments have participated in framing the
order. The duties of a master of a block
aiding vessel are clearly set out in detail
and no neutral acting in good faith would
have excuse for complaint if the letter of
the circular were followed in the case of
blockades. The very first definition lays
down in final form a principle of interna-
tional law that is bound to arouse the OPP
position of the Spaniards and perhaps OF
their sympathzers in Europe, for it en-
larges considerably the narrow limits of eff
fectveness of a blockade, as construed by
the Spaniards, and made a basis of protest
by them to the powers. 1t is said:
A blockade to be effective and binding
must be maintained by a force sufficient TO
render ingress and egress from port DAN
gerous. The continuity of a blockade IS not
broken if the blOckadlng vessels are driven
away by stress of weather or are absent
chase, but it is broken If they leave
voluntarily or are driven away by the
enemy's force. The suspension OF block
ade involve new nothcauon' ana Is
serious matter.
Under the head of notification to neutrals,
it is said that neutral vessels are entitled 10
notices of a blockade before seizure but
this notice may be given by proclamatlon,
by common notoriety or by notice from d
vessel of the blockading force. The rule IS
to be construed with liberality, however.
, Vessels attempting to enter port, aIter
in ~
\ cred by treaty. A neutral vessel may IN
good faith sail from blockaded port Witli
an alternative destination, to De decldeo
upon by information as to the continuance
of the blockade obtained at neutral. port.
But she must obtain this notice before she
reaches a port. Vessels in blockaded ports
will be allowed thirty days to leave after the
blockade is declared. Vessels resisting
visit or presenting fraudulent papers or , a.
tempting to escape should be seized. win
the termination of a voyage, Dlockade
runners danger ends, but she is lable 10
capture at any time before She reaches nSr
AIDED port
The cruiser blockade runners are not enc
mics nor prisoners of war and should be
treated with every consideration. They may
be detained, however, as witnesses before
prize court.
Neutral men-of-war, as a matter of cour-
tesy should be allowed free passage to ana
from a blockaded port. Blockade running
subjects the vessel to seizure without re-
gard to the nature of her cargo
Under the head of right of search, 1t is
said that this right may be exercised with
previous notice on all neutral vessels, but
should be exercised with tact and consid-
Grafton. Full directions are given as to how
this may be accomplished. A blank shot is
to be fired and small boat is to be sent
aboard the neutral with an officer to con-
duct the search. There may be arms in the
boat, but the men should not wear them on
their persons. If the papers show that the
vessel is neutral and trading between neu-
tFal ports, the examination goes no fur
Their. If bound to an enemys port, not
blockaded, the papers must be examined for
contraband and if none is found she must
be set free except under strong suspicion
requiring frequent search
Neutral vessels carrying hostile dispatches
when sailing as dispatch vessels in the
service of the enemy are liable to seizure,
but not when she is a mail packet and
carryS them in the regular and customary
manner without special arrangement The
voyages of mail steamers not to be in
terfered with, except on the clearest ground
of suspicion. "A neutral vessel in the serV-
ice of the enemy transporting troops is
liable to seizure. Merchant vessels of the
enemy are a good prize and may be seized
anywhere except in neutral waters. A neu-
trail flag covers enemys goods with the ex-
ception OF contraband.
The most important paragraph in the
order is that which defines contraband of
war, a subject concerning which the mari
time nations of the world are widely at
variance. 1t evidently has been the princi-
pie OF our government, recognizing the fact
that we are not always to continue at war
to reduce to the smallest limits the list of
contraband goods lest we suffer in turn as
neutral The section reads:
The term cOntraband of war .compre-
hends only articles having belligerent des-
tination as to enemy's port or fleet
With this explanation, the following articles
are, for the present, to be treated as con-
traband:
Absolutely Contra band-Ordnance; ma
chine guns and their appliances and the
parts thereof; armor plates and whatever
pertains to the offensive and defensive ar
mament of naval vessels; arms and nstru-
mentS of iron, steel, brass or copper or of
any other material, such as arms and in
struments being specially adapted for use
In war by land or sea; torpedoes and their
appurtenanceS; cases for mines of what
ever material, engineering and transport
materials, such as gun carriages caissons
cartridge boxes, campaigning FORCES can
teens, pontoons ordnance stores, portable
range finders, signal flags destined for naval
use ammunition and explosives of all kinds;
machinery Tor the manufacture of arms and
munitions of war; saltpeter military ac-
coutrements and equipments of all sorts;
horses.
"Conditionally Contraband - Coal when
destined for naval station, port of call or
a ship or ships of the enemy; materials for
the construction of railways telegraphs,
and money, when such materials or money
are destined for an enemys ship or ships
or for place that is besieged."
Under the head of prizes 1t is said that
imminent danger of recapture would Justify
the destruction of the ship if there was no
doubt she was a good prize. They will also
be destroyed if they cannot be sold are un-
seaworthy or infected with disease or lack
ing prize crew. Any person who removes
anything unnecessarily from prize is made
subject to court-martial and punishment
and the same penalty is provided if any
person in the navy maltreats or strips the
clothing from q person on a prize The
order will be sent out Immediately to all
naval officers on the blockading station.
REFUGEES FROM HAVANA.