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

/ AQfef0mSEl
piracy and being in defiance OF interna-
tional law, characteristic of the Yankee.
because 'hostilities are not yet supposed
to have begun This opinion seems 20
have been formulated a; the time the
white squadron was reconnoifering IN the
immediate vicinity of Havana haroor.
The owners of the Inflated vessel. now
the property of Uncle Sam have. accord
Ing to cahlegram from Liverpool.
'.signed a protest against her capture.
because her cargo belongs 10 British SUB
tects.
Both these parties allege that ihs United
States should have declared war before
proceeding 10 appropriate property belong
ing TO the enemy.
This argument is contrary to liked pfin-
ciples OF International usage-which makes
law.
No less authority than Lieuf.-col J. +.
Maurice. Of the British army. an accepted
exponent OF international law, as far a. Il
relates to warfare between nations IN his
treatise upon the subject. entitled Hos
tiiities Without Declaration OF War;" pub
hshed by the British war department.
quotes during period Of going on 10 two
centuries. ana up to 1879. les cases Of hos
tilities breaking oat between eiv.liYed ma
tons previous to any actual declaration
OF war.
Perhaps the most eminent lawyer on In
ternationai law known to American jug
lists was Wheaton. In whose Elements OK
International Law" is declared: "A decla-
ration Of war Ii not essential. but is
convenience to neutrais, that they may be
quickly and definitely Informed OF the
fact"
Prof. N. ~. Ramsey. cf the Columbian
university. In commenting upon Inter
national law bearing on the question or
Cuban belligerency." arrives at the con-
clusion that international law, or the law
Of nations, il a body OF rules and princi-
pies which have grown up by the general
consent Of civilized nations. regulating
their treatment Of each other. Its foun-
dation Is the general good OF mankind:
its sanctions are common consent, rec
ignition Of its justice, and a fear OF gen.
eral retaliation: its standards OF authority
are the decisions Of regularly organized
prize courts and the compilations OF emf
uent pubiicists 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."
1t is acknowledged by all authorities
upon the subject that every nation has
head. to make war upon any other nation
to secure right or prevent a wrong, and
II Is allowed to be its own judge of the
right or wrong"
Probably the heaviest fighting to vindi-
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
comparatively easy task. since, Weyler.
the butcher, and Blanco have not been
able to conquer the hungry, half-naked
and poorly-armed Cubans, many Of whom
were cOmpsiled by necessity to capture
their guns and ammunition from the in
quisitors before they could arm them
selves. What earthly show will they have
when confronted by well-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 PEG
pie are slow to anger. but when they have
suffered tndignit!es and almost national
humiliation from q foreign enemy, their
mighty wrath becomes surcharged with
the bolts OF Jove.
1t is q principle OF war that all vessels,
whether the enemy or a neutral carrier,
forfeit the ship and cargo. II 1t 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 viii soon be
known. The prize court cannot OF neces-
sity be that Of Spain. and neutrals gener-
ally refuse the use Of theirs: hence 1t
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 blockaded
ports. Provision is made, however, to the
effect that an innocent trader shall be
warned off but not allowed to enter; also
that 4 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.
1t is a well established rule In the prac-
t!ce OF international law that defective or
fraudulent ships papers are indubltahie
evidence of the destination and character
OF both the captured vessel and her cargo.
If after the examination of these papers
the captor is yet in doubt as 10 the true
character of the vessel under his guns
he has a right TO search the ship further.
He has the privilege and right to search
thoroughly every apparently peaceful ship
that sails the sea; to know for a surety
goodh coatrahand or goods intended for the
maintenance OF the enemy, or a blockade
runner. The public vessels of friendly
or neutral nation must not be visited and
searched
In celebrating upon the explanation OF
the carrying OF contrabaHd of war"
competent authority has decreed that the
action forfeits the ship and cargo of the
neutral carrier. by thus aiding directly
In the conflict the alleged neutral rarrier
ceases TO that extent TO be neutral, and
virtually becomes, 1t Is urged. an ally and
consequently an enemy. This Is sound
logic. and IL has been so accepted by all
civilized nations. What Glasses come un-
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 enumeTa ting contra
band articles. asserts that articles that
minister only 10 the wants OF women and
children. TO the Offices OF religion, the fine
arts. education and learning are not con-
fraband. Between these may be classified
very many articles that may or may not
be eontraband. according to circumstance
When destined for military Or naval