The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-03-27
VIII be No PrMateering.

There Is some curiosity. as well as
variety OF opinions. concerning the posi-
ton our commerce would occupy on the
seas both in our own and in neutral ships,
in case OF war with Spain. The matter
| IS really plain enough. Under interna-
tlonal Law, as interpreted by the admiral
~ courts for ages. and as accepted by
most nations Until 1856. beliigerent can
seize his enemy's goods In neutral bot
toms on paying the freight due 10 the car
rier- In fact. in these days when war was
in more credit than il IS now. and when
every power expected 10 be = beIligerent
next month, international law was form
ed largely with view Of helping the bel
hgerent 10 do his enemy aS much damage
as he could AS civilization has gained
ground and commerce HIS grown in i'm
portance, however. there has been an in
creaSing disposition 10 be easy with the
neutral, and TO deny the right of the bel
hSerent 10 seize cargo. no matter TO
whom il belonged Out OF this DISPOSE
ton has grown the long controversy.
which began nearly century ago. IN IA
vor of free ships making free goods
or. in other words. OF the doctrine that
| the haS covers the cargo" We. Is the
great carriers OF the world during the
Napoleonic wars. were vigorous advocates
OF this, but England as the great sea
power was unwilling 20 concede IL. But
at last even she gave in. and when the
powers met in Paris after the Crimean
war. they all-that is England. France
Russia, Prussia. and Italy-agreed that
free ships should mako free goods-that
is, an enemy's goods should always be
safe in a neutral vessel.
Neither Spain nor the United States
signed this declaration, nor the declara-
| -
small navies are. as rule. reluctant to
give up privateeTtng. Therefore. under
the law OF nations. American goods. no
matter by what ships carried. would be
exposed 10 capture by Spanish cruisers
Although most of our exports so in Brit
ish ships, these ships could be stopped on
the high seas and their cargOes. II belong
ing TO Americans be taken from them
Our only defence would be the use OF the
telegraph to make the purchases on this
side. But they would have 10 be bona-fide
purchases. The courts Of admiralty have
always been very strict about fictitious
or evasive sales. This would doubtless
be an impeachment to trade. hut il would
proably. in the main hold us harmless.
But Spain. by a treaty OF trade and
commerce concluded with Us October o.
1895. explained and ratified by another
treaty concluded in 1873 agreed not only
that free ships should make free goods
as between Spain and the United States
that is, that neither of them would seize
the others goods in case of war on board
a neutral vessel-but also that they would
not seize the goods OF any power at war
with them on board a neutral vessel if
the government of this neutral vessel had
acknowledged this principle e, that
free ships make free goods. Now Eng
land and France have both acknowledged
this principle. so that American goods
on the vessels Of either of these powers
would be safe from Spanish capture. In
fact, both America and Spain have Writ
ually acknowledged the principle. by mu-
tual agreement. and the agreement is
such as TO cover the signers of the de-
claration of Paris.