New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-28
THE SEIZURES OF FLOUR.
STATE DEPARTMENT NOT WORRIED
OVER THE AFFAIR.
THAT ENGLAND WILL MAhD
FULL PREPARATION IF HER AGENTS
HAVE ACTED ILLEGALLY.
[BY TELEGRAPH TO THE rRrBUNE.I

Delaeoa Bay with cargoes exported from the
United States. The officials express confidence
that the British Government will make ruii
reparation for any act committed by lts ha'ai
agents If It turns out to have been Iegal or uh-
justified. and they profess profound conviction
that Engshmen are not taking any hazardous
chances just at present Of antagonizing any con-
siderable popular element In America
1t Is not known to the Secretary OF State
whether cargoes owned in this country have
actually been confscated, nor precisely what
articles Great Britain proposes to regard as con-
traband during the continuance Of the South
African war 1t is said that every nation on
becoming engaged in hostllities makes It's own
rules, as rigid or lax as the occasion seems 10 oe-
mand and seldom takes other nations into A's
confidence on the subject This was the case
when the war with Spain began. Neither nation
having subscribed to the rrivateerlng clause OK
the Treaty OF Paris, proclamation was issued
by the President. announcing adhesion 70 i's
provisions The Queen Regent Issued Decree
which while reserving the right OF privateerlhs'
announced that letters Of marque would not %
granted But Spain did not announce wnat
course she intended 10 pursue in other matters
nor did the United States. except in confidential
general orders to naval officers. hx any deini'e
policy as to seizures and contraband.
NO HASTE SHOWN.
The supreme serenity Of the state Department
regarding the -four seizures is perhaps best Illus
trated by the steps already taken TO ascertain
the facts OF the case. which are an essenuaI pre-
liminary to further action. On the receipt oi
complaints from American exporters that 'he'r
products had been detained and that their oe-
livery at the neutral port Of destination De'a
goa Bay had been refused, the secretary OK
state Immediately transmitted the complaints
TO Ambassador Choate at London ana consul
Hollis at Pretoria for investigation ana report
These notes went by mail. and Mr.. Choate mas
barely received his own by this time, while that
% Consul Hollis will scarcely reach him before
March l. 1900. AS agents Of the STATE Depart
,nert renlv to communications by the Same
means Of transmission as the original query no
official information is apt to be in the possession
~ the authorities in Washington for weeks OF
months.
,,, raasor tbere was no resort TO the cable TO
so.orr,,ra y,hether American interests have been
,ri,r,ousv affected is found in preced"nts estao-
lisbed over wear ago. when. notwithstanding
the seizure of British and other vessels py
American cruisers European nations reahheo
that this Government IN It's admiralty courts
u,o,,d determine the merits Of each case as rap
,d,,. as nossible as well as be amenabe for DAM
ayes in the case of every mistake and that tne
greater the mistake and the longer the oe'ay
the greater would be the damages 10 pe sa
IT, consideration shown by foreigners whoss
vessels had been captured last year a"u
IL rri,o crows 10 en- American port or de-
,ar,,on uas extremely gratifying 10 this GOVERN
o+ ,rbicb might have been seriously emoar-
rassed had neutral governments by sno" oi
impatience forced the Executive into the a''i-
tude of fastening the judiciary. Tne point oi
ec,ols make is that the British Imperial
authorities in London are not YET moi'
acquainted with all the facts in the de-
tcntion of ships off the south coast Ok
Africa than are American officials and as these
ships admittedly did not fly the American flag
there is no National afront involved calling for
drastic measures as when the Aanca was
fired on or when Captain sigsbee brought to
the Restormel In the latter case the British
Government made no complaint whatever
ARTICLES CONTRABAND OF WAR
The rules for contraband OF adopted by
the United States last year, as embodied In
Paragraph 10 Of General Orders No. 1872 issued
to the Navy on June 80. as follows:
The term contraband Of war comprehends only
articles having a begerent destination as to an
enemys port or fleet. With this explanation tho
following articles are. for the present TO Do
treated as contraband:
Absolutely contraband-ordnance; machine gapr
plate. and Whatever pertains TO the offensive and
defensive armament OF naval vessels arms ana
instruments oi iron, steel oless OF CopPeE, OF ..
any other material. such arms and Instruments
or ors se prorpedoes and their appurtenances cases
for mines. OF whatever material: engineering ana
transport materials, such as gun carriages, cais-
sons cartridge boxes campaigning forges, can.
teens pontoons; ordnance stores; portable rang'S
munition and explosives Of all kinds; machinery
for the manufacture OF arms and munitions OF
war saltpere; military yo sceoU'efnen's anu e'u'p-
| Condtonally contraband-Coal when destined
| FOR a naval station, port OF call, or n snip or
ships OF the enemy; materials for the construction
0 erss or 1 money are destined Tor the enemys
forces; provisions. when destined ior an ehein'
ship or ships or for place that is oesiesed'
The claim is made by State Department om'
| clals who assisted IN the preparation or these
| regulations that they were advisedly limited to
articles VIGOROUSLY contraband because OF the
weakness OF Spain commercially. OF her great
distance from the island the United States had
| determined to liberate and because OF the
| knowledge that no European Power would in-
| terfere These considerations made IL COM
| raratively easy matter to enforce an effective
| blockade near the coasts OF this country. II
the war had been prolor ged. however. and
| blockade OF a Spanish pennsular port had been
| necessary II is said that the President might
| have taken further steps to cut off Spanish
| food supplies.
| LEGAL Aspects OF THE CASE.
| A. Porter Morse, the well known internaA
| tonal lawyer In a statement made to-day on
the legal aspects OF the reported seizures. says:
| The British claim to seize American breadstuffs
| afoat I'm Delagoa Bay on the ground that they
| intended for transsh!pment TO the territory
| of the Beers raises the question to its Legality
| according the prize law. and involves again tho
consideration OF guilty intent in relation 10 conti-
nuity OF voyage IN the sense OF prize courts. The
| theory OF continuity OF voyage is not a inven-
tion. Il having originated with Sir William Scott,
| who applied II adversely to certain American In
| terests In the last century. II was, indeed a re-
| viva OF the famous rule OF the OF 1856 AL
| though II repudiated by Continental jurists