The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-04
"THI0 FLAG COVERS THE CARGO"
Condition of Our Property on the
High Seas in Case of War.
New York Post.

New York Post.
There is some curiosity, as well as q va
r1ety of opinions, concerning the position
our commerce would occupy on the seas
both in our own and in neutral ships, in
case of war with Spain. The matter is real-
ly plain enough. Under international law
as interpreted by the admiralty courts for
ages, and as accepted by most nations until
1856, belligerent can seize his enemy 5
goods In neutral bottoms on paying the
freight due to the carrier. In fact, in the
days when war was in more credit than it
Is now, and when every power expected to
be a belligerent next month, international
law was formed largely with a view of help
ing the belligerent to do his enemy as much
damage as he could. AS civilization has
Importance, however, there has been an in
creaSing disposition to be easy with the
neutral, and to deny the right of the bellig-
erent TO seize his cargo, no matter to whom
1t belonged. Out of this disposition has
grown the long controversy, which began
nearly a century ago, in favor of free
words, OF the doctrine that 1.-The flag covers
the cargo. We, as the great carriers Of
tho world during the Napolconic wars, were
vigorous advocates of this, but England, as
the great sea power, was unwilling to con-
cede 1t. But at last even she gave in, and
when the powers met in Paris after the
France, Russia, Prussia and Italy-agreed
that free ships should make free goods
that is, an enemy's goods should always be
safe in neutral vessel
Neither Spain nor the United States signed
this declaration nor the declaration against
privateering. Powers with small navies are
as rule, reluctant to give up privateering
Therefore, under the law of nations, Amer
lean goods, no matter by what ships car
rled, would be exposed to capture by Span
ish cruisers. Although most of our exports
go in British ships, these ships could be
stopped on the high seas and their cargoes,
IL belonging to Americans be taken from
them. Our only defense would be the use
of the telegraph to make the purchases on
this side. But they would have to be bona
no rfC nf n 1fKr1f ~
have always been very strict about fictitious
or evasive sales. This would doubtless be
an impeachment to trade, but it would prob
ably in the main hold us harmless.
But Spain, by a treaty of trade and COM
merce concluded with us Oct 81 1895, ex-
planned and ratified by another treaty con-
cluded in 1919, 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 neutral vessel if the government
of this neutral vessel had acknowledged this
principle i. e., that free ships make free
goods. Now, England 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 virtually acknowledged the principle
by mutual agreement and the agreement
is such as to cover the signers OF the decla-
ration of Paris
This answers an inquiry made in another
column AS most exports of grain are pur-
chased on this side, they would on the seas
be foreign property, but if captured in an
American ship the ownership would have to
be proved in a court of admiralty. The
SpaniardS would almost certainly take an
American prize before one OF their own
courts But if found on board neutral ship
there could, under the treaties, be no in
quiry. THE flag would cover the cargo"
Whatever remains of our foreign carrying
trade would be transferred to British ships.
But as regards our coasting trade, we
lookout for Spanish privateers as the Brit
ish are prohibited under our navigation law,
from carrying it on. We should have to
rely on our navy to keep these privateers
away from our shores.
Although, therefore, our foreign commerce
would be comparatively secure the state of
the moral atmosphere would not be very
suspicious for business.