The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-31
SEIZURE or ELOUR sHIPS.
"Tho Sun" and the Practice rs Stated by the
British Foreign Once in 1868.

"Tho Sun" and the Practice as Stated by the
British Foreign once In 1868.
wAsHrHGToS Dec. 30-THE Sun Is right in
saying that tho seizure OF -four In Dclagoa
Bay Is matter which demands calm consld-
Grafton on the part OF the United States.
Tho first thing to be done Ia to ascertain tho
facts and they ought to be easily ascertain
able. II these 1ours were shipped from New
York. the customs records there will show by
whom. to whom. and to what port they were
shipped. II an inspection OF those records
shows that they were shipped by American
owners to merchants In a neutral port
then tho presumption IL that they were
innocent merchandise which . bclger-
ent has no right to soiZe or stop In
transit. Tho burden OF proof will then he upon
the captors TO rebut this presumption by evil
dence showing that the clearance papers were
fraudulent and that the fours were the prop
erty Of the Beers or were intended for tho use
OF their military forces. Failing to show this
the British Government will be responsible to
the United States for the injury done It's cti-
zens By tho unlawful seizure or btoppage OF
their property.
As far as the responsibility OF aroat Britain
IL concerned. 1t matters not whether these
fours were In British or Dutch vessels
British vessel would only aggravate the injury
When the British Government permits its mer-
chantmen Tying It's flag to visit neutral ports
and receive from neutral owners merchan-
disc for delivery to other ports. It guarantees
to these owners the protection OF that flag
while In transit, and for It to seize or stop that
merchandise would be an act, not only OF vlo-
cnce. but Of bad faith. which 1t is not 10 be as.
sumed that Government would be guilty Of
Nothing but fraudulent papers or the contra
band character OF the merchandise could
Justify such step. Evidently the British au-
thorities who seized or stopped the four
thought was contraband. II II was contra
band. the authorities did right II not. they did
wrong. and their Government will disown
their action at the proper time and indemnify
the owners for all loss they may sustain by
reason thereof.
According TO the law OF nations. all such
questions in case Of doubt must be determined
by the prize courts OF the captors. Their de-
cisions may not always be satisfactory. but un-
less they are clearly contrary to the law or the
evidence. the NATURAL nation acquiesces. In
our own Civil War. the United States navy
made numerous captures which were adjudl-
Gated by our prize courts. and though in some
instances foreign nations were inclined to
complain. yet rs a rule they submitted to the
decisions OF our courts. At the time OF the
capture OF the Peterhon British merchants
were very much exercised over II. and one Of
them. Mr.. Gourlay. appealed to the Govern
-u,.oI, .aai,, ., Na,. ~,
81, rnroi,,, nc,o. -. A., ,op' VI
a., ,i,..,,, 49,, - =. -, - VIC ,fa'
80. 80 ~" 49,, "' !" '",S u""n ''e fuie oy
""'." ''"' IMAM p'uPoeeu to aolue as
n'"''"' uut '"k our war iuo'e IL az iair eN-
what Ela m ha a cd 70, AZ
rom us during her present war with tho
Beers;
'" Crffet, hpr'l ~ 1909
~" Nv" u'ie''e" w hA'i husseil 10 mako
t'"', 80 Wv Io".'u''n NJ "n'vh' nav
-, ~, - ~ ~ WIN tne law ON
W '"o 'our ie''oF OF 'ho Aoth OF March.
-, w w ~ 'ekaru 10 mo risht OF
a. ~" '' " ""u' WIN M"'aporas' her Ma
- " ,.' n'"'u' nave A.'Nea
t"o Governments OF the United statos have
a." ~, - 'sLo nt'uSn vessels bona
'S 80, '''" WI, country OF from ANY
60 p''So''''"' W vac pof's OF Vera
i ""As' OF e"her OF them. or
W. "".es' eu'n 'es'e" attempt 10 touch at.
. ~ VI contingent destination
so..at,n -, p1rs OF pace or arc oarre" OF
s'- "'""'' VI war uesuhea TOT tho confederate
800. NV :" a"S Auni''seu eAso OF such unlawful
~. "'i "a'''o " government would feel It
49,. r'N ',' " 'n'e.'o'o' win view 10 OBJ
,i,,, ,,,, ..e .', y, 'Ao 'nip ah" cargo
,,rooood,,a. a. '.,'A a"u Tnn""' 'ne ueiAy OF
80. - Pm. p'N" ,o"'t' her hAiosy Govern
,I,,a,, "'u' ,Ioi",nG mo rules OF 'hternA'
-. -. 49,, ,o' D'''," ''sre'S navigating o.
-. 'a'n a"u 'n"N' places any general
t,..,ar -, 49," '"' ''fseI'h' rRht OF WIS.,
$50 ~ Wv .t'''e'A o' 'ne ohNed states.
,b,, snch 49,. - -, - A''.nnp''oh
capture lawful and jus,Iasble. Notb,ne 4. NOR.
common than FOR those who contemplate. n breach
of blockade. or tho carriage OF c,ntrab,nd. to dis
gus' tlor purpose by simulated destination and
by deceptive papers; and tho situation Of tho porta
on the coast of Mexico with reference to tho Con.
fedeTate States Ia such az to make 1t not only possible
p" IN many cases prooao'e. that an ostcnsiblo
n"h'vah "eS',hH'oh Wonld 10 resored to "s cover
h. "ou'u 'eAy 'uS'liY capture 1t
voa..r. ,ro h.nn .aa, ~ many cases 'hat British
o,,,ro,',Ir ,aTnt,, 49," $40 'ns'sou IN voyages
"PI"' "'' '""i"'' ""''" 'ehSos nave Atterwnrd
been proved III the prize courts to have been really
guilty of endervorin2 to break the blockade, or OF
Carrying con.raband to the Confodcrates
vessels reasonable susnsc,.d 90 .,h. -, .Sp''Io all
Crosslons OF international law Vand whensv.r snv