The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-11
C0NTRABAND GOODS IN WAR
A Matter of Great Importance Conc cern.
Ing Which There Is Some Differ
eace of Expert Opinion.
From the Times-Herald.


In case of war with Spain the ques-
ton of what is Contraband of war, sub
Ject to CAPTURE on the high seas, will
certainly be involved Since the last
great war, where maritime matters
were largely involved the conditions
of naval warfare have changed to a
very considerable extent For instance,
the pressing necessity of the renewal
OF war ships coal supply is of COM
paratiVely modern growth, and the
question to what extent it may he con-
sidered contraband is not yet definitely
settled. In 1859, for instance, the United
states strongly objected to its being
declared contraband, while in 1862 il
prohibited the export OF coal to the
West Indies on the ground that many
ports there We're merely coaling sta
tiOns for confederate cruisers and that
to send coal to them was to help the
enemy. The British government seri-
ously objected to this discrimination
against its ports, and the president
then prohibited the expectation of coal
to any port anywhere in the world,
thus putting all countries on an equal
basis.
ALABAMA PRECEDENT
In the Alabama award it was held
that the particular circumstances of
each sale of coal in neutral ports must
decide whether or not it was a breach
of neutrality. From opinions delivered
by members of the Alabama court in
the different cases it seems probable
that it will in future be held that a
hostile vessel may be furnished with
coal enough to take her home, but not
with a supply for the purpose of en-
abling her to cruise against an enemy
This principle, if maintained. would be
Of great importance. 1t would pre-
clude Spanish cruisers from leaving
that country and coming to this in
order to do any prolonged cruising
against our ports. Few of them carry
more coal than they need to cross the
ocean and return. even at the most
economical rate of speed, and any long
stay on this side Of the water would
render them helpless except to return
home. The same thing is true as re-
CARDS our movements in foreign waters,
except that few of our cruisers, such
as the Columbia and Minneapolis, carry
a large enough supply to keep the seas
much longer than anything Spain pos
sesSes.
AS ItSuIuS lUdllS Otlef articles OF
merchandise, the question is little more
settled. Many things have at various
times been held to be contra band but
fixed rules have been established as
to few Of them. Arms and munitions
of war are, of course, Contraband: coal,
provisions, money, horses, medicines,
merchandise, soldiers, dispatches and
diplomatsts have all been so consid-
cred at various times. The general rule
is that any goods available for war
purposes, even if ordinarily used for
peaceful purposes, are contraband.
TRADE NOT PROHIBITED.
Trade in cOntraband goods is not by
any means prohibited, nor is a neutral
state required to prevent their export.
They are merely subject TO confiscation
If captured by the enemy. Thus, if
Cuba We're recognized, vessels could
clear for her ports with munitions Of
war without interference by our Of
fcers, as at present but they would
he subject to seizure If captured by
Spain. In regard to this question the
law is well established. Two conditions
may prevail
l. When a ship goes to a blockaded
port
q Where she simply carries contra
band to an open port.
Where there is an effective blockade,
tsat is to say, one where there Is pres
ent blockading forge, rendering ac-
cess manifestly difficult and danger