The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-26


tionai law, characteristic Of the Yankee,
because sshoesfiities are not yet supposed
90 have begun" This opinion seems 10
have been formulated ut the tine the
white squadron was accommodating IN the
immediate vicinity of Havana narnoF.
The owners of the Inflated vessel, now
the property OF Uncle Sam, have. accord
inr TO a cablegram from Liverpool.
..sixned a protest against her capture.
because her cargo belongs to British sub
Jests.
Both these parties allege that lhs United
States should have declared war before
proceeding TO appropriate property belong
Ing 10 the enemy
This argument is contrary TO fixed prin-
ciries of international usage-whieh makes
law
No less authority than Lfeut.-Coi J. +.
Maurice. Of the British army. an accepted
exponent Of international law, a. far a. it
relates 10 warfare between nations. in his
treatise upon the subject. entitled Hos
tiilties Without Declaration Of War;" pub
Hshed by the British war department,
quotes during period Of going on TO two
centuries. and up to lSa9. 1o3 cases of hos
tiiities breaking out between csv.lissd ma
tions previous to any actual declaration
OF war.
Perhaps the most eminent lawyer on In
tefnationa1 law known to American jar
lists was Wheaton. In whose Elements Of
International Law II declared: "A decla-
ratios. OF war Is not essential. bat is
convenience to neufrals, that they may be
quickly and definitely informed Of the
fact.
Prof. N. NJ. Ramsey. Of the Columbian
university. In commenting upon inter
national Law bearing on the question OF
Cuban helligereney." arrives At the con-
clusion that international law. or the Law
Of nations. Is q body Of rules and princi-
Pies which have grown up by the general
consent OF c.vilixed nations. regulating
their treatment Of each other. Its feun-
dation Is the general good Of mankind:
Its sanctions are common consent. a rec
ignition of Its justice. and a fear OF gen.
eral retaliation: It's star..ards Of authority
are the decisions of regularly organized
prize courts and the compilations of emf
uent pubicists whose learning. wisdom
and fairness are generally recognized the
world over"
Richard Henry Dana. jr., doctor of laws.
In his notes on International law. says
that rules OF international law are some
times expressly recognized. or modified,
by treaties, but these treaties are binding
only on their signatories."
Il is acknowledged by all authorities
upon the subject that every IA ton has
q right. under the direction of its supreme
head. to make war upon any other nation
to secure a right or prevent a wrong, and
II Is allowed 10 be its own judge of the
right or wrong
Probably the heaviest fighting TO yindi-
cate our national honor and to redress the
grievance Of outraged humanity will be
on the water. The capture of Havana and
the complete overthrow of the Spanish
oppressors on the island bids fair To be a
comparatively easy task, since Weyler.
the butcher, and Blanco have not been
able to conquer the hungry, half-naked
and poorly-ar Cubans, many of whom
were compelled by necessity to capture
their guns and ammunition from the in
Quisftors before they could arm them
selves. What earthly show will they have
when confronted by weil-armed, well-fed
and thoroughly disciplined United States
troops. all remembering and anxious to
avenge the fate of the gallant officers and
sailors OF the Maine? The American peo-
pie are slow to anger. but when they have
suffered indignit.es and almost national
humiliation from a foreign enemy. their
mighty wrath becomes surcharged with
the bolts OF Jove.
1t is principle of war that all vessels,
whether the enemy or a neutral carrier.
forfeit the ship and cargo. IL il can be
shown to the satisfaction OF the prize
courts that the Buena Ventura and the
other vessels captured by our war vessels
carried contraband goods. then the fate of
the vessels and their cargoes will soon be
known. The prize court cannot of neces-
sity be that of Spain, and neutrais gener-
ally refuse the use Of theirs: hence it
must be the court OF the United States.
Referring to the question of blockade.
Wharton explains that neutral ships OF
war are not privileged to enter biockaded
Ill
effect that an innocent trader shall be
warned of but not allowed TO enter; also
that a ship in blockaded port must take
In no more cargo after its commencement,
but may pass out with the cargo already
on board. The offense of carrying contra
band or violating blockade begins at the
port OF departure and continues through
out the voyage or until capture. That OF
blockade running covers the return home
ward.
II is a well established rule In the prac-
tee of International law that defective or
fraudulent ships papers are induhitable
evidence of the destination and character
OF both the captured vessel and her cargo.
II after the examination OF these papers
the captor Is yet in doubt as TO the true
character OF the vessel under his guns,
he has right 10 search the ship further
He has the privilege and right to search
that sails the sea: to know for surety
whether she Is an enemy loaded with
goods contraband or goods intended for the
maintenance of the enemy, or a blockade
runner. The public vessels OF a friendly
or neutral nation mus, not he visited and
searched.
In celebrating upon the explanation Of
The carrying OF contrahand Of war"
competent authority has decreeyi that the
action forfeits the ship and cargo of the
neutral carrier BY thus aiding directly
in the conflict the alleged neutral carrier
ceases to that extent to be neutral, and
virtually becomes. II is urged. an ally and
consequently an enemy. This Is sound
logic, and IL has been so accepted by ali
civilized nations. What classes come UNI
der the contraband head? All munitions
Of war or articles specially adapted for
the purposes of war are classified under
this schedule
Prof. Ramsey. In enumera ting contra
band articles, asserts that articles that
minister only to the wants Of women and
caildren. to the offices OF religion, the fine
arts. education and learning are not con-
traband. Between these may be classified
very many articles that may or may not
be raband. according TO circumstance.
When destined for military or naval
stores. stations or forces. they ara cisssi-
@3.A md.