The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-06-22

titled to freight. and the non-contraband
goods OF q neutral on an enemy's ship
ought to be restored. Contraband goods
going to tho enemy may always be taken
no matter to whom they belong. The in
convenience and delay caused by these
rules have led many of the nations to sitp-
ulate with each other in their treaties that
free ships make free goods Except contra
band of war;. and that enemy's ships make
epemy's goods. The rules that are now
binding on all the maritime powers except
the United States (who. however, observer
them during the civil war; are the two en-
bodied in the declaration Of Paris 1856: l.
The neutral flag covers enemy's goods ex-
cept contraband Of war; 2. Neutral goods.
except contraband Of war, are not liable
to capture under the enemy's flag"
The right to take prizes is given both to
a belligerents public ships and to pri-
vateers. The United States statutes pro-
vide that the net proceeds of all property
condemned as prize shall. where the prize
was OF equal or superior force to the cap
turing vessel. go to the captors. and where
OF inferior force one-half to the captors
and one-half to the United States, except
that where a capture is made under letters
Of macQue everything goes to the captor
unless in his commission 1t is specified
otherwise.
Contraband Of war is any property intend
ed for the enemy of actual use In conduct
ing war. THE government Of a neutral is
not bound to prevent its citizens or sub
Jects from exporting contraband goods to
a belligerent," according to Bowen; 'if
such goods are exported bona fde by one
neutral to another neutral. they may not
be cons dered cOntraband; otherwise they
may be. Often treaties are made between
nations in which are specified the articles
that are to be considered by them as con-
traband in case Of war; Furthermore, the
belligerents usually issue list of articles
- I'LL
such lists are issued and when there is no
treaty APPLICABLE to seizures. the courts may
take into consideration the character and
use of the articles, and the peculiar circum-
stances and conditions in which the bel
ligerentS find themselves Coal and
provisions. and other articles used in time
Of peace may lawfully be seized if they are
intended to supply the army and navy Of
the enemy, or if they will prevent the
enemy from suein3 for peace but
generally provisions should not be regard
ed contraband, unless it is intended to
send them to besieged or blockaded place
occupied by the enemy
PRIVATEERING: LETTERS OF
MARQUE.
The Century Dictionary's definition of let
terS or letter of marQue is: "Originally a
commission granted by the supreme author
ity of a state to a subject, empowering him
to enter enemys territory and capture
the goods or persons of an enemy in return
for goods or persons taken by him. In pres
ent usage, a license or extraordinary com
mission granted by a sovereign or the
supreme power of a state to it's citizens to
make reprisals at sea on the subjects Of an
other, under pretence of indemnifcation for
I'M Tries receiVed-that is, a license to en-
gage in rrivateering.
These commissions are frequently spoken
Of letters of marque and reprisal.
Formerly they We're often issued in adj
ri oil ,ho,,
face there was no war in prospect. Their
issue was not considered necessarily 10 be
u declaration or an act of war, but a means
of enabling citizens of one state to obtain
justice or redress to citizens of
another, or from another state
for wrongs, grievances or Injustice
suffered individually and not aof suf-
hclent Importance to go to war oyer. One
of the quotations in the Century Dictionary.
from HowelIs Letters bears on this point:
divers Letters of Mart Gan old form. of
the worD are granted our Merchants and
Letters of Mart are commonly the Fore
runners Of a War" r4-
They were sometimes made us Of in old
times to strike an advance blow before the
enemy could begin d war; or to get an
early advantage of a prospective enemy in
the beginning, as appears from another eta
ton by the dictionary editors from Draw
tons Battle of Agincourt:"
All men OF war, with scripts Of mart that
went, I5-
AND had command the coasts Of France to
Keep the coming Of navy to prevent.
The issue of letters of marque by a coun-
try about to begin a naval attack on an
other developed the practice OF commission
Ing cltlzens OF neutral governments for the
same purpose. Then it came to be resorted
TO by states having no navy, and SO in the
sixteenth century it came to be possible for
government not supporting a navy Of its
: own to harass the commerce of a maritime
state without itself doing any sea fighting.
Ihls practice, however. has fallen into dis
iepute, although Bowen says:
Inc citizens or subjects of neutral if
It's municipal laws or treaties do not forbid.
may serve in the army or navy of a friend
~ bell1gerent. and may accept letters Of
marque authorizing them to undertake pri-
watering expeditions. The present ten
dency of the nations, however is to forbid
these privileges to thir citizens or subjects
All private individuals attacking others
at sea unless empowered by letters of
marque, are to be considered pirates" ac-
cording to McCullochs commercial direc-
tory, published in London in 1882 If they
have the letters they are '.privateering.''
Bowen says: "Privateers are private ves-
sells commissioned for war. They carry let
tiers of marque end reprisal. and they are