The evening times., 1899-10-27
THE RIGHTS OF YEUTRALs.
Great Britain May Isuy COntraband
Supplies In khfs Country.

/ thizers in the United States have question
ed the legality Of the purchase Of mules
and horses in this country for the use Of
the British troops the South African
| campaign. 1t was announced this morning
that the Cunard steamer Corinthia sailed
from New Orleans yesterday with q cargo
Of mules for the British army in the Trans
vaal and adjacent territory.
| The Secretary of State believes that the
matter will not be ofieially brought to the
| attention Of this Government, as the law
covering the contention raised is very clear
as to the rights and duties of neutral ma
| tions.
| 1t is a rule of international law that a
| neutral nation may trade with either bel
| ligerent. 1t is laid down by the strongest
| American writer's on the law of nations
that the citizens OF the United States have
| always been free to make, vend, and ex-
port arms and other munitions Of war. 1t
| is held to be the constant occupation and
| livelihood Of some Of them, and that to
| suppress their csllings. the only means,
| perhaps. of their subsistence. because a
| war exists in a foreign country. in which
! we have no concern. would be unjust.
| Francis Wharton, in his International
Law Digest, declares that "it would be
| hard in principle and impossible in prac-
tice." He says that the law OF nations re-
| specting the rights of those at peace does
not require from them such an internal de-
| rangement in their occupations. 1t is sat
isfed with the external penalty commonly
pronounced in proclamations Of neutrality;
sFftg- nf
these arms and munitions of war as shall
fall into the hands of the belligerent pow
ers on their way to the ports OF their enc
mics.
Alexander Hamilton, as Secretary Of the
Treasury, issued circular on August L..
1898. in which he maintained that the pur-
chasing within and exporting from the
United States by way OF merchandise, ar
ticles commonly called contraband, being
generally warlike instruments and military
stores, is free to all the parties at war,
and is not to be interfered with.
Vattel has handed it down as settled
principle that the right Of neutrals to
trade in articles contraband OF war is
clearly established in the first place. by
selling to the warning powers who come
to the neutral country to buy them; and
in the second place. by the neutral subjects
or citizens carrying them to the countries
OIL Ile pONSIs III NdE, tHCiC otiiAHS
them This doctrine was quoted and en-
dorsed by Mr. Pickering Secretary Of State,
in a letter to the Minister OF France, dated
May 10, 1886.
President Pierce, in his second annual
message to Congress, in 1854, wrote as fol-
lows: In pursuance of this policy. the
laws of the United States do not forbid
their citizens to sell to either or the
belligerent powers articles contraband of
,,.ta NJ IL
diers on board their private ships for trans
portation. and although in so doing the in
diyidual citizen exposes his property or
person to some of the hazards of war,
his acts do not involve any breach or ma
tional neutrality. nor OF themselves I'M
plicate this Government. Thus during the
progress of the present war in Europe our
citizens have, without national RESPONSE
bility therefor. sold arms and gunpowder
TO all buyers, regardless of the destination
of those articles. Our merchantmen have
been. and still continue to be, largely em-
ployed by Great Britain and by France in
transporting troops provisions. and muni-
tions of war to the principal seat of mill
tary operations and in bringing home their
sick or wounded soldiers, but such use OF
our merchant marine is not interdicted
either by the international or by our mu-
nicipal law, and therefore does not COM
promise our neutral relations with Rus
sia."
Secretary Marcy, in 1854. in a letter to
Senior Molina. Minister at Washington from
the Republic of Guatemala, declared that
the mere expectation Of arms and munitions
of war from the United States to a bellig-
erent country, has never been considered as
an offence against the act Of Congress OF
April 90, 1918. He pointed out that all bel
ligererts enjoy this right equally. and
privilege which is open to all, cannot justly
be complained of by any one party TO
war Guatemala, however, he said had
right under the law OF nations and under
her treaty with the United States 10 seize
contraband Of war on its way to her enemy,
and this Government would not complain
if she should exercise this right in the
manner which the treaty prescribes-
In 1862 Minister Romero, representing
Mexico. complained to Secretary Seward.
of the shipment of wagons from the Unit
ed States for the use of the French troops
in Mexico. Secretary Seward replied that
under the rules and usages of international
law the complaint Of Mexico was not well
founded.
Early in 1872 complaints were made to
the Senate of the United States that certain
sales Of ordnance stores had been made
by the Government of the United States
during the fiscal year ended June 80. 1871.
to parties who were agents of the French
government, such stores to be used by
France in the war then pending with Ger
many" A committee was appointed to in
vestigate the subject. and this committee
through Senator Carpenter its chairman.
submitted report in which it was observed
that the Government being in possession.
at the close of the civil war, of a large
quantity of muskets and other military
stores, for which it had no use, statute
was passed in 1868 authorizing the sale of
such arms and stores as were unsuitable
for use. Under this provision certain large
sales were made without preference to pur-
chasers as to opportunities or conditions Of
purchase, except that persons were ex-
cluded from the opportunity to purchase
who were suspected Of being agents Of
France then at war with Germany.
This investigating committee maintained
that Congress, having by the act OF 1868
directed the Secretary of War to dispose of
these arms and stores. and the Govern
ment being engaged in such sales prior to
the war between Germany and France, had
right to continue the same during the
war. and might in the city of Washington
have sold and delivered any amount OF
such stores to Frederick William or Louis
Napoleon in person. without violating the
obligations of neutrality. providing such
sales were made in good faith and not for
the purpose of influencing the strife, but
in execution of the lawful purpose of the
Government to sell its surplus arms and
stores.
1t was alleged at the time that the Rem
ingtons, who bought heavily of the stores,
were acting as the agents of France.