New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-23
RIFLES OF NAVAL WAR.

In accepting for present use the second ana
third rules Of the Declaration of Paris, THIS Gov
eminent will act consistently with its policy and
practice from the beginning. As long ago as
the NapOleonic war America insisted that free
ships should make free goods. with the excep-
ton. Of course of goods contra band OF war. To
that principle. at first not accepted by all or
them the European Powers gave their approval
in 1876. But while they declared that the ncu-
trail flag should make neutral goods, they did
not declare the converse. that the enemys flag
should make enemy's goods. On the contrary
they agreed that Just as the enemys goods
under a neutral flag should be exempt from
confiscation. so neutral goods under the enemy's
flag should likewise be exempt contraband Of
war being in both cases excepted. That Is the
ground long taken and now rcaffirmed by the
United States.
There Is room for much dispute however, as
TO the meaning Of the term "contraband Of
war" Arms and ammunition unQucston
come under that head. Other things as certain
" do not But between the two there are lnnu-
merablc articles the status Of which is in doubt,
and, indeed which may at one time be contra
band and at another not. Some OF these are i'm
portant articles Of merchandise Coal, for ex-
trality TO sell coal to bellgcrent ship visiting
the port Of sale casually, under stress or
weather. but II Is such breach 10 supply coal
regularly TO all ships Of a certain belligerent.
Great Britain. 1t will be remembered. refused 10
sell coal 10 the French fleet in the North Sea In
1870 Her present rule IS not TO sell coal 10 bel
ligerent ships save in such quantities as 10 en-
able them TO reach their nearest home port, and
not again I'LL after an interval OF three months.
Food Is another disputed article. This country
hundred years ago claimed that under no cir
c,lmstances could Il be reckoned contrab band.
Other nations held otherwise. The late Sir Henry
Maine finally laid down the principle now wide
" accepted, that food can be deemed contra
band only when destined for a port at which the
enemys feet Is lying.
Again, the question OF contraband goods being
settled, there remains the even moro vexat!ous
one Of the right Of search. There IS scarcely
topic In International law that has been more
fruitful Of discussion and dssenslon. Techni-
cally the warships OF a belgerent are entitled
to stop on the high seas and search any ship
under any flag to ascertain its nationality and
to seek contraband goods. Any resistance 10
such search renders the ship liable to confs-
cation. IF no resistance be made, but con-
traband articles be found, the ship may he taken
to a convenient port and the contraband cargo
condemned and conhscated. after which the ship
may 60 on its way. Now. it b perfectly evident
that the exercise Of this right of search must in
any case prove highly annoying TO neutral Pow
ers whose commerce Is thus !nterfcred with,
while the margin OF chances OF serious compll-
cations Is a very broad one. A general over
hauling OF British ships by Spanish cruisers and
prlva:eers. and a few seizures Of cargoes which
Spain regarded and Great Britain did not regard
as contraband of war, might produce extremely
awkward results. In renouncing for the present
the practice of privateerlng the United States will
be safeguarding itself against the chief danger Of
misunderstanding Of this sort. and by directing
It's cruiser service with discretion It will doubt
less be able to keep itself entirely In harmony
with the most enlightened sentiments OF the
world.