New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-05-08
THE LAW or BLOCKADES.

Under settled American and English law ana
,,roo.;co ,oo Fronch vessel seized before Havana
was q lawful prize. whether she sailed from
Corunna before the Presidents proclamation
OF the blockade had been officially no'ined 10
the French Government or not. Uhder IencH
law md practice followed also by some OF me
other maritime Continental nations, the omclaI
notification to the Government before the 'cs-
sci sails is held to be necessary, as well as Tue
direct notification 10 the vessel at the blocKaded
norf. But even under the French practice ana
claim the vessel was n lawful PRIZE. BECAUSE
after direct notification on The spot from war
shin Of the blockading squadron. II Subsequent
" undertook To take the law into It's own hahu'
defy the blOckadng feet and enter the haroor.
The American and English view of interna-
tional law. as stated by Wheaton and CON
Cured in practically by all the authorizes, IS
that the fact Of blockade publicly notinrd 10
"the party on the spot is Of itself sufficient 10
"affcct him with the knowledge of it. that the
.public notifications between governments can
"he meant only for the information OF lhdlVid-
mails: but if the individual is personally IN
formed that purpose is still better obtained
Than by public declaration" The practice
Of the United States for over n hundred years
is embodied in the treaty between the United
States and Great Britain of November 10, l'o4,
and n similar clause is contained in many other
treaties between the United States ard foreign
Powers This article reads: "WhereaS. III RE
"ouentlv happens that vessels sail for port
cor nlaco belonging to an enemy without KNOW
"inc that the same IS either besieged. block
aided or invested it is agreed that every vcs-
"sel so circumstanced may be turned away
from such port or place, but she shall not he
"detsinpd nor her cargo. II not contraDand. DE
"condscotpd un,cSs after notice she ShdU again
"otfempt 10 en'er" II is curious fact that even
France executed similar agreements with sew
eral of the governments Of Spanish America
with Brazil in 1S2S. with Bolivia In 1924, with
Texas in 1899 with Venezuela in lS43 and with
Ecuador in 1915. 1t is true, however. that
recent French writer's on International law,
with the exception of Hautefeuille (the best OF
them, consider that two notices are essential to
establish the binding character Of a blockade
the general notification to the Government ana
the special notice to the particular vessei At
tempting TO enter the blockaded port.
If authority We're given to the French writer's
and the claims Of the French Government the
question rs 10 whether tAis French vessel could
have been laH fully excluded from havana
would have turned on the point whether she
sailed from Corunna too soon for her owners
70 have advised her of the blockade after the
French Government mad received It's oMcial
notification The dates seem TO make II clear
that they might have so advised her. for the
blockade was proclaimed and notified 10 Tor
eien governments on April 90. and the Lafay-
cite did not leave Corunna until April y.
Under the circumstances. therefore. ii must
be confessed that the French Government asked
an unusual courtesy and that our Government
strained a point 10 extend il. when promising
10 let this French vessel land mails and pas
sengers in the blockaded porte especially II 1t
be true as reported that among these passen-
gers were a number Of Spanish officers OF the
army. 1t was Il misfortune that in attempting
10 extend this unusual courtesy somebody
Numbered so seriously as to come near convert
ing II into an international affront. The French
Embassy made its request on April 20, and or
ders are said to have been sent TO the fleet TO
comply with it on May 2. These ought 10 have
reached our own fleet, within SIX hours sail or
our own coast, before the evening Of May ..
When these questions become a little more IA
IL liar to the subordnatcs now dealing with
them, and when their gravity is better under
stood, we shall be less liable 10 such regret
table strains and subsequent miscarriages OF
courtesy.