The times., 1898-05-01

of his nationality, under his charge. and
has no contraband articles on board
The United States is on record as IA
voring the exemption Of conveyed ships,
and the Spanish naval regulations for
1876 instructed officers commanding
conveying ships not to allow ships un-
der their protection To be searched. but
10 be sure that no cunuaband goods
were being carried in them To belliger-
ent ports. AS TO whether neutral YES
sels placing the mselvas under con-
yoy Of a belligerent cruiser render
( themselves liable To capture. Dr. Snow
says: The lords Of appeal in England
decided that saiing under the convoy
Of an enemy was sufficint ana concus-
IL grounds fer condemnation. Mr.
/ Wheaton maintained that. though il
might be considered presumDtiVe eVi-
dence. IT could not be regarded as con-
elusive evidence. The weight Of opin-
ion favoTs the doctrine that such acts
are sufficient To condemn the vessel
Joining belIigerent convoy.
In Bowen's statement of the prin-
eiples of International law. it is put
forth that a belligerent out Of comfy
| or because If treaty stipulations. gem
orally abstains from visiting and
searching the merchant ships Of neu-
{
vessels. provided the commanders of
such public vessels satisfy the bell g
erenJ that the merchant ships do not
! belong 60 the enemy and do not carry
goods that may be properly seized.
PriYateers are not allowed
to send a visiting party TO, or to modest,
d convoy
The same work says "PiraticaI
ships. or ships suspected of being pi-
ratical, may at any time be visited
but proceedings against them must
cease at once if it is discovered that
they are not piratical Any act of
supererogation on the part Of the
searchers iustiies a demand for re-
dress"
OF the rules as TO goods on the high
seas, prizes and salvage. il says: The
general rule Of international law as to
property on the high seas is that each
belligerent has the right to seize all the
enemys property Of every kind except
such property as is protected by a spec
ial permit but that prizes may nos be
made Of the property Of neGtTalS unit IS
it is contraband. Therefore the goods
Of an enemy on the ship of a neutral
may be taken Cbut the ship is entitled
10 freight, and the contra band
goods going to the enemy may always
ought to be restored. ContTaband
goods going 10 the enemy amy always
be taken, no matter To whom they be
long. The Inconvenience and delays
caused by these rules have led many OF
the nations 10 stipulate with each othzr
i'm their treaties that free ships make
free goods Except conraband Of waD,
and that enemys ships make euemy's
good The rules that are now nding
on all Of the maritime powers except
.l.y l,x.h. h,t oh,
served them during the civil war; are
the two embodied in the declaration of
Paris. 1856: /. The neutral flag Gov
ers enemy's goods. except coutraband
Of war; ,. Neutral goods, except con
traband Cf war. are not liable TO cap
ture under the enemy's flag.
The right TO take prizes is given both
To a belligerents public ships and To
privateeTs. The United States statutes
provide that the net proceeds of all
property condemned a. pIiIa shall,
where the prize was Of equal or super
ior force to the capturing vessel, go To
the caprors, and where Of inferior force
one-half TO the captors and one-half to
the United States, except that where
capture is made under letters OF mar
qUe everything goes To the captOr un-
less IN his commission ii is specified
otherwise.
COntraband Of war is any property
intended for the enemy of actual use in
conducting war. The government Of
a neutral is not bound to prevent its
citizens or subjects from exporting
oontraband goods to a belligercnt," ac-
cording to Bowen; If such goods are
exported bona fide by one neutral to
another neutral. they may not be con-
sidered contraband; otherwise they
may be. often treaties are made be
tween nations in which are specified
the articles that are to be considered
by them as cOntIaband in case Of war.
Furthermore, the belligerents usually
issue a list Of articles they will treat
as contraband. When no such lists are
issued and when there is no treaty ap-
plicable TO seizures, the courts may
take into consideration the character
and use Of the articles. and the peculiar
circumstances and conditions in which
the belligerents find themselves.
Coal and provisions and other articles
used in time Of peace may lawfully be
seized if they are intended To supply the
army and navy of an enemy. or if they
viii prevent the enemy from aning for