The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-15

The new methods o. warfare are start
ing some equally new questions In in
ternationai law. One Of these has arisen
In connection with the detention by the
French authorities CT the Harvard at
Martinique. II seems to be only just
to recognize the fact that France was
not actuated by any inimical purpose in
requiring that vessel to remain for
,wenty-sour hours after the departure
OF the Spanish gunboat. II rather seems
as Il the French had made a concession
than presented an obstacle. The Har-
ward was permitted To remain until she
had made the necessary repairs to her
machinery. and IL was more Of favor
than otherwise to compel her TO re-
main in port until she would be safer
from attack from Spanish torpedo boats
and cruisers lying In walt for her.
There Is no uniform law on the sub
ject, but some nations require when two
beiligerent vessels meet in their ports
that the first conner shall depart first.
while the other shall be detained twenty
four hours. Another rule is that the
weaker vessel shall be allowed to depart
first. in order 10 prevent the stronger
from lying in wait for 1t outside. In
other eases. the second beat is not de-
tanned in port twenty-four hours. but
the neutral requires pledge from each
commanding officer that he will not en-
gage in hostilities with the other ship
until twenty-four hours shall elapse
after his departure from port
These rules were adopted in the old
days of sailing ships. and they have not
been modified TO meet the needs of mod
ern naval warfare. This twenty-four-
hour rule was first adopted in regard to
privateers. public vessel Of war being
subject to a promise on the part of its
commander not To engage ir hostilities
against another vessel issuing from
neutral port shortly before him. The
distinction was made because the com
mandegs of privateers were regarded
a. less responsible than naval COM
mande:s. The practive was afterward
generally extended to public vessels Of
war. 1t is a good rule. and being ex-
tended TO both belligerents. insures q
certain fairness
The acts of belligerent resulting in
injury TO his enemy. committed within
neutral jurisdiction. can be taken cog
nixance OF by the neutral and repara-
ton be demanded. This country has
United States war steamer Wachusett
in pursuance of plan matured by the
United States consul. towed the Confed-
crate cruiser Florida from her moorings
In the harbor of Bahia into the open
sea. Upon protest being made by the
Brazilian government, the United
States disavowed and apoiogized for
the action of her Official. dismissed the
consul, and tried the commander OF the
II was impossible to restore the vessel.
which bad meantime been sunk. but the
United states surrendered the crew Of
the captured cruiser and caused the flag
Of the Brazilian empire TO be saluted
az the point where the oifense was COM
mi;ted.
This doctrine Ia so Flgidiy observed
that should 4 neutral state fail 10 pre-
ven; such acts cr fall 10 demand rep
aratlon, the Injured helligerent nigh:
properly demand satisfaction for this
failure 70 uphold its neutrality, upon the
ground that the neglect Of the neutral
had converted hia into an active Of
fender.