The times. [volume] (Washington [D.C.]) 1897-1901, 1898-03-26
CONTRABAND. GOODS.
What Could and What Could Not
Re Seized on the ser,

ne seized On the ser
In case of war with Spain the question
of what is contraband of war. subject to
capture on the high seas, will certainly
be involved. Since the last great war
where maritime matters were largely in
volved, the conditions of naval warfare
have changed to a very considerable eX-
tent. For instance. the pressing necessi-
ty of the renewal of IA warship's coal
supply is of comparatively modern
growth, and the question to what extent
it may be considered cOntraband is not
yet definitely settled. In 1889, for in
stance. the United States strongly OBJ
jected to its being declared contraband.
while in 1862 it prohibited the export of
coal to the West Indies on the ground
that many ports there were merely coal
ing stations for confederate cruisers and
that to send coal to them was to help
the enemy. The British government Sc
riously objected to this discrimination
against its ports. and the President then
prohibited the expectation of coal to any
port anywhere in the world. thus putting
all countries on an equal basis.
In the Alabama award it was held that
/ the particular circumstances of each sale
/ of coal in neutral ports must decide
/ whether or not it was "A breach OF neu-
/ trality. From opinions delivered by mem
! bers of the Alabama court I'm the differ
/ ent cases it seems probable that II will
! in future be held that a hostile vessel
may be furnished with coal enough to
( take her home. but not with "a supply
for the purpose Of enabling her to cruise
,fY,..t r.vttr m
maintained. would be of great import
ance. 1t would preclude Spanish cruisers
( from leaving that country and coming
to this in order to do any prolonged
cruising against our ports Few OF them
carry more coal than they need 10 cross
the ocean and return. even at the most
economical rate of speed, and any long
stay on this side of the water would rem
der them helpless except to return home.
The same thing is true as regards our
movements In foreign waters. except that
a few of our cruisers. such as the Column
ba and Minneapolis, carry a large
enough supply to keep the seas much
longer than anything Spain possesses.
AS regards many other articles of mer-
chandise, the question is little more set
tied Many things have at various times
been held to be Contraband, but fixed
rules have been established as to few OF
them Arms and munitions of war are
OF course contraband; coal, provisions
money, horses, medicines. merchandise
soldiers, dispatches and diplomatists
have all been so considered at various
times. The general rule is that any
goods available for war purposes, even
if ordinarily used for peaceful purpose
are contraband.
: Trade in contraband goods is not by
: any means prohibited. nor is neutra
. state required to prevent their export
: They are merely subject to confiscatior
if captured by the enemy. Thus, If Cuba
were recognized. vessels could clear fol
l her ports with munitions of war without
Interference by our officers, as at pres
ent but they would be subject TO seizure
: if captured by Spain. In regard to thi'
question the law is well established. I'VE
conditions may prevail
l. When a ship goes to biochade'
9 port.
3 Where she simply carries contra
band to an open port.
Where there is an effective blockade
that is to say, one where there IS preseh
u a bockading force, rendering acces
manfestly difficult and dangerous, an!
= ship attempting to enter or leave thd
port is subject 10 capture ana cohlsca
ton. unless 1t may have sailed for tn
: mort before the blockade was declared, Il
- which case 1t can only be turned back
:, When a vessel has run thex blockade
either inward or outward, she is liable [
( capture until the termination of her re
turn voyage, but is not liable on an
a subsequent voyage.
Where there is no blockade, neutral
70 NAV send anything. contraband or no
- contraband. to any belligerent port, ant
:, are not called upon to prevent this bein
~" done but if these goods be contraban
N the oelligerent to whom they are not Il
- course Of transmission has the right I
seize them and confiscate them But onl
the contraband goods themselves may b
seized Non-contraband goods on tn
u same ship, and the ship itself. are not liza
&c BILE 10 confscation unless they belong t
the same owner or unless there is som
4 attempted fraud involved. such as sail
Ii ing with false papers or with false dest
20 nation. In this case the ship and it
20 contents may be confiscated
/ This right of confscation involves tn
n right OF a belligerent to stop and scare
vessels of a neutral which IL may sus
y pect of carrying Contraband 1t is re
% CURED however, To exercise this RICH
y with as little Inconvenience TO the shi
lc that is stopped as may be possible unde
"a the circumstances.