New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-25
CONTRABAND ARTICLES.
11rDcr PENF1EID ON THE GENERAL
RULES FOR DETERMINING THEM.
EACH GOVERNMENT MAY MAKE ITS OWN LIST
SPANS oUIxoTIo DECLARATION AS
TO PR1vATEERING-THE RIGHT

TO PRIvATEERING-THE RIGHT
OF SEARCH
Washington. April 24-The Spanish decree
published by the "Gaceta" as to the ATTITUDE Oh
that Government regarding privateering ana INC
question whether or not coal shall De pe'o W o'
contraband of war was discussed by the o'a'e
Department officials to-day. In response '"
questions put to him by representative OF inc
Associated Press, Judge William L. fehhe'u'
the Solicitor Of the Department, maze the ioi
lowing unofficial statement WHICH, ne sa'o' -
NOT N he regarded as Indicating in any way the
action and policy Of this government ou' -
given for the information OF merchants and
shippers:
This Government has not yet officially pre-
ortad q lief Of articles which 1t will treat as
contraband OF war If Spain has taken any such
oo,,o, I, &c not vet made public. Each Govern
ment is competent to prescribe its own iist lor
tho Guidance Of its own authorities. Such lst
is conclusive upon the Government making II
and upon all neutral nations. in the absence
of any disregard of treaty engagement ana Oh
International law Any gross disregard OF such
law or treaty obligation would, perhaps, pc
woke the interposition OF any neu'Ia' "'a'o a"
fectcd. 49,, o.,,o,
"I-ntu such list Is prescribed the question
whether articles captured are conrapand Oh wal
will be governed generally by the Ia" OF ma
tions and specifically by the treaty ,aI
between the beigerent captor ana the heu''a
State TO whose subject the articles oeions.
international law gives no hard- ahd-ias' ~
for the determination OF the question "ue.aiI M
articles are contraband. except the gemcial sure
that all articles OF essentially warhke char
acter and destined for an enemy use ar
traband Many articles. such as provisions
coal etc. are OF an cquivocal charactet' anu -
destined for the enemy's use are deefned con-
traband. -, !. o
1T follows that II such lists should be pre-
pared by the United States and spain tney ma!
bc Identical or may be widely divergent ~
pending on the policy of each Government me
action of each Government will bind only itself
and its own prize courts and neutrais' my
question whether contraband or NOT might
therefore. depend on whether the caPtol ~
American Spanish. And Shippers IN hcu1. a.
vessels would not only consider the character
of the goods shipped, but whether they were
destined for American or Spanish ports az"
whether the goods included IN the iiSt nr-
nounced as contraband by the one or the other
State.
This Government has already announced tnat
II will not resort To privateering. Spain mas
announced the same policy. In the lght Oh
the previous declaration by this Government;
Snain's further announcement that she will
treat our privatecrs as pirates Is brutum 1ui-
men, worthy of Don Quixote. The Spanish
Government has published it's intention 10 ex-
ercisc the right of search The right TO 90 20
Is undoubted But the right can be lawfully
exercised only for the purpose Of determining
the nationality Of the ship and It's desthotoh'
whether it's goods are neutral or the property
Of the enemy: whether contraband or not. ana
whether its conduct is neutral or not. II Spain
adopts the policy announced by this Govern
ment. that the neutral nag protects the goods
II the vessel and It's conduct are neutral, only
contraband goods in such ships are SUBJECT 20
canture or course. all merchant ships must
respect an effective blockade on the penalty OF
capture and conhscation.