The Portland daily press., 1898-04-28
THE LAW OF WARFARE.
How Conflict With Spain May Affect our
Maritime Commerce.

With foreign power that lew pusiheSs
men realize intelligently what woulo
happen to American and foreign shlps III
the event of conflict with spain. ihe
situation is rendered additionally compL-
Gated by reason of the fact that thelDeciar
alton of Paris binds neither the United
Stats nor Spain, SO that conAio' pe-
tween these powers would Dc governed
by different conditions to one between
powers that have drawn up and signed
set IF rules to render easier the great
game of war.
Here. however, are the laws under
which both Spain and the United States
would fight. The p ints wherein con-
fict between these two nations and one
between other nations would differ will
be explained further on:-
Immediately on declaration of war the
nations of the world ara separated into
beIllgerents and neutrals, and the rules
of war replace the laws of peace. Between
neutral nations commercial relations con-
tinue without interference from either
of the hostile powers. Between neutral
nations and the hostile powers commerce
continues subject to these restrictions.
All passengers on vessels leaving port
belonging to either of the hostile powers
must BIZ furnished with certificates show
ing passports, and, if the vessel be laden,
1t must be furnished with certificates
showing the nature of the cargo. If not SO
furnished the vessel, under whatsoever
flag sailing, is liable to be seized and
taken before prize court, which shall
determine the right of the vessel to con-
tinue its voyage.
Any contraband of war, arms, artillery,
ammunition, or military or naval &C..
coutrements will De seized if found upon
q vessel trading to port within the Dor
ders of one of the hostile countries. 1t
Is lawful for instances. for a Spanish
man-of-war to stop British vessel bound
for New York, search her, and if contra
band of war is found in her cargo, to
confscate this, and allow her to proceed
on her voyage. Britain could make no
legal protest on this account. Spain could
not seize the vessel. Only the contra
band cargo is liable to seizure. according
to international agreement. Having ap-
propriated this Spain must allow the
British vessel to proceed on her way.
THE LAWS OF SEARCH.
So particular have the nations been
regarding this right of searching vessels
on the high seas during war times that
the law of nations specifically says that
vessel searching another shall "remain
at safe distance, aud send small boat,
capable of making the passage under the
circumstances of wind and sea, and the
degree of suspicion attending the vessel
to be visited.''
OF course, each belligersnt power has
the right to make prizes of every vessel
flying the flag of the other power, wher-
ever and whenever encountered. That is
war.
When ports are blockaded the laws are
changed. A hostile nation Iblockading a
port must first notify all neutral nations
that that port is blockaded. 1t is not suffi-
Gent that paper blockade be declared
The port must be so watched by warships
that it is impossible, or as much so as
anything can be impossible in war time
for vessels to get in or out. When such a
blockade has been established, the follow
ing laws come into force:-
Vessels arriving at a blockaded port in
Ignorance of tbs blockade are to be turned
away without the conhscation of any of
their cargo, and not even contraband of
war Ctu D6 SelZGu uuQ6T OQ6 CIRCUMSTANCES,
unless. after being notified that the port
is blockaded, the vessel again makes
an attempt to enter, in which case she
does so at her own risk, and the country
whose flag she flies can make no claim
for damages, no matter what happens to
her.
Vessels arriving at port supposed at
the time of departure to be blockaded can
not be captured and condemned for an
attempt to enter unless on proof that they
had, or could have learned of the continu-
ance of the blockade; but an attempt to
re-enter after warnings will subject
the vessel to condemnation.
V essels Of neutrals in port with cargo
aboard before the establishment of the
blockade are to be permitted to depart
with their cargoes. After the establish.
ment OF the blockade vessels that were
being loaded when the blockade was de-
clared can depart, having first discharged
their cargo.
THE RIGHTS OF BELLIGERENTS.
The question of the right of belligerent
powers to interfere with the commerce
of neutral nations has been much dis
oussed one. Here are the laws bearing on
she subject: Subsequent to the Crimeap
war in 1856. six of the powers of Europe
met and drew up the set OF rules known