The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-25
CoNTRABAND OF WAR.
Each Nation May Make It's Own
List,

List.
WASHINGTON, April 24.-The Span
ish decree published by the Gazette, as
to the attitude of that government re-
garding privateering and the question
whether or not coal shall be held to be
contraband, was discussed by the state
department officers 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 indf-
eating in any way the action and pol
icy Of this government, but is given
for the information Of merchants and
shippers:
This government has not yet off,
cially prescribed a list of articles which
1t will treat as contraband Of war. If
Spain has taken any such action 1t is
not yet made public. :,
Each government Is competent to
prescribe its own list for the guidance
Of it's own authorities. Such list le
conclusive upon the government max
ing it and upon all neutral nations, In
the absence of any disregard of treaty
engagement and of international law.
Any gross disregard Of such law or
treaty obligation would perhaps pro-
woke the interposition of any neutral
state affected.
Until such list Is prescribed, the
question whether articles captured are
contraband of war will be governed
generally by the law Of nations, and
specifically by the treaty stipulations
between the belligerent captor and the
neutral state to whose subject the ar
tlcles belong.
International law gives no hard and
fast rule for the determination Of the
question whether articles are contra
band except general rule that all
articles Of a warIike character and
destined for an enemy's use are con-
traband. Many articles, such as pro-
visions, coal, ETC., are Of an equivocal
character, and If destined for the en-
emy's use are deemed contraband.
1t follows that if such lists should be
prepared by the United States and
Spain they may be widely divergent
depending on the policy of each gov
ernment. The action Of each govern
ment will bind only itself and it's own
prize courts and neutrals. The ques-
ton whether contraband or not might
therefore, depend on whether the cap
tor was American or Spanish, and
shippers in neutral vessels would not
only consider the character of the
goods shipped, but whether destined
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
Spain's further announcement that
she will treat our privateers as pirates
is brutum fulmen worthy of Dor
QuiXote.
The Spanish government has pub
lished its intention to exercise the right
of search. The right to do so is un.
doubted. But the right can be lawfully
exercised only for the purpose of de-
termining the nationality Of the ship
and it's destination; whether it's goods
are neutral or contraband, and wheth.
er it's conduct is unneutral or neutrai
If Spain adopts the policy announced
by this government that the neutra
flag protects the goods if the vesse
and it's conduct are neutral, only con-
traband goods in such ships are sub
ject to capture. Of course all merchant
ships must respect effective blockade
or take the penalty of capture and con
f1scation.