The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-15

BELLIGEREsTs IN PORT.
The new methods Of warfare are start
Ing some equally new questions In In
teraa tinnai Law. One Of these has arisen
In connection with the detention by the
French authorities Of the Harvard at
Martinique. II seems TO be only just
to recognize the fact that France was
not actuated by any inimicai purpose in
requiring that vessel to remain for
twenty-four hours after the departure
of the spanish gunhoat. II rather seems
as IL the French had made a concession
than presented an obstacle The Har-
ward was permitted to remain until she
had made the necessary repairs to her
machinery. and ii was more of favor
than otherwise TO compel her TO re-
main In port until she would be safer
from attack from Spanish torpedo boats
and cruisers lying in wait for her.
There is no uniform law on the sub
iect. but some nations require when two
beliigerent vessels meet In their ports
that the first conner shall depart first,
while the other shall be detained twenty
four hours. Another rule is that the
weaker vesse, shall. be allowed 10 depart
first. in order 10 prevent the stronger
from lying In wait for IL outside. In
other cases. the second boat Ia not de-
tanned In port .wenty-four hours. but
the neutral requires pledge from each
commanding officer that he will not en-
gage In hos'ilities with the other ship
un.il twenty-four hours shall elapse
after his departure from port.
These rules were adopted In the old
days af sailing ships. and they have not
been modified TO meet the needs of mod
ern naval warfare. This twenty-four-
hour rule was frat adopted in regard 10
privatecrs. a public vessel of war being
subject 10 promise on the part of Its
commander not TO engage In hostilities
against another vessel issuing from
neutral port shortly before him. The
distinction was made because the COM
mander3 of privateers were regarded
as less responsible than naval COM
manderu. The practive was af;erward
generally extended to public vessels of
war. 1t is good rule, and being ex-
tended 10 both beiligerents. insures a
certain fairness.
The acts Of helligerent resulting in
neutral Jurisdiction, can be taken cog
nizance of by the neutral and repara-
ton he demanded. This country has
acknowledged that right. In 1864 the
Unitsd States war steamer wachusett.
In pursuance OF a plan nlatured by the
United States consul towed the Confed-
crate cruiser Florida from her maorings
In the h.srbor Of Bahia Into the open
SEA, Upcn protest being made by the
Brazilian government. the United
si&ies disayowed and apologizei for
tae action of her olfisi4I, dismissed toe
ccasui and tried the commander of the
United states vessel by eeart martial
II was impossible IL restore the vessel,
which had meantime been sunk. but the
United States surrendered the crew Of
the captured cruiser and caused the flag
Of the brazilian empire 10 be sa!uted
a. the point where the offense was COM
mitted,
This doctrine is so rigidly observed
that should neutral state fall 10 pre-
Vent such acts OF fail 20 demand rep
aFauon, The injured beliigereut might
properly demand satisfaction for tais
failure u uphold its neutrality. upon the
ground tnat the neglect ef TIE neutral
had converted him !nto an active Of
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