Worcester morning daily spy., 1898-03-25

AS the anxiety over the Spanish Cr1-
sis grows more intense, two questions
that have only occasionally been re-
ferred to are beginning to receive more
serious attention. These are the posi-
bility Of Spain's resorting to privateer-
ing and the possible seizure of American
goods carried in neutral vessels. The
Spy has more than once recalled the
fact that neither Spain nor the United
States signed the convention Of Paris,
whereby the other great nations of the
earth agreed to abandon privateering
md announce that enemy's goods car
ried in neutral vessels should be ex-
empt from seizure. From this it is ar
gued that neither Spain nor the United
States would be bound to abide by this
compact.
While this may be technically true it
is to be remembered that the bulk of
International law does not rest upon in
ternational legislation, but upon Gus
tom and usage. Privateering has fallen
into disuse as a method of warfare and
the principle that "the flag covers the
cargo" has been admitted as estab-
lished by all authorities on information
al law since the Crimean war, because
in practice the principle has been OBJ
served, even by the United States and
Spain. Our own government withheld
its approval from the Paris convention
not because it disapproved of it, but be-
cause it desired to extend the principle
still further, and exempt the property of
non-combatants from seizure Prussia
announced this very policy in 1871, but
afterwards saw reasons in the conduct
of the French for abandoning it. 1t ap-
pears, therefore, that so far as interna-
tional custom goes, privateering and the
seizure of enemy goods in neutral YES
sells is condemned by international law,
and any belligerent who should resort
to these methods would be apt to en-
counter a strong and adverse interna-
tional sentiment
But would such disapproval be merely
passive? How long would England,
France or Germany submit to the stop
ping and searching of their steamers
and the seizure of goods on board, with
out making vigorous protest? The pro-
test of great power means that it will
be enforced if it be not needed. Two
treaties between the United States and
Spain are cited as an agreement to ac-
knowledge both the points in question
as binding, but authorities disagree as to
this Interpretation. Certain it is, how
ever, that Spain would be in danger of
making trouble for herself in Europe if
she should refuse to admit that ''the
flag covers the cargo"
Now as to privateering. Hasn't its
day gone by? This is the era of steam
vessels, and privateers will be as de-
pendent as warships upon a friendly
coal pocket. They will not be able to
undertake a cruise of indefinite length,
as they did century ago, and both
short cruises and long cruises will be
much more expensive than they were
then. Privateers will be subject to hith-
erto unknown perils, too; for how many
privateers could Spain send out that
would outrun the fast American cruis-
ers, to say nothing of the inequality of
an armed encounter? The purpose OF
these cruisers is to scour the ocean, not
to stay in-shore for the protection of the
coast. The damage Spanish privateers
might do would be directed chiefly at
our coastwtse commerce. so that the ac-
tual area to be patroln by the cruisers
would be very considerably contracted
With our swift ships to threaten him,
and the Havana and Porto Rico coal
docks closed, the privateer's life could
hardly be long or happy.