The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-27
The British Seizure OF Food In Delsgoa
bay.


Tho seizure Of three cargoes OF -four by
the British feet in Dclngos Bay seems to
Indicate the determination OF tho British
authorities to prevent the landing OF pro-
visions at the Portuguese ports In that
neighborhood. Tho reason for this I'M
doubtedly Is the fear that they will
eventually be carried over the Portuguese
boundary to the Boer army In the Trans
vaal Republic. These cargoes were shipped
from this country by the Pennsylvania
Milling and Export Company. and their
seizure raises the question whether the
British authorities can lawfully intercept
provisions in transit between the neutral
ports Of the United States and q Portu-
guese colony.
The answer to this question depends
upon whether In this case provisions are to
be construed as innocent merchandise or as
contraband OF war. In 1893. during the
war between Great Britain and France the
former claimed the right TO seize and con-
tiscate all provisions destined to French
ports. Mr. JEFFERSON denied this right ex-
cept In case OF blockade. declaring that "a
stoppage to an unblockaded port would be
an uneQuvocal infringement OF our neutral
rights" While admitting that i'm plements
OF war destined for the enemy might be-
captured by belligerent on the open seas,
he insisted that corn, -four and meal are
not OF the class Of contraband, and con-
stantly remain articles OF free commerce"
Great Britain, however. insisted that in view
OF the fact that the whole male adult popu-
lntion ofFrance was engaged in war and that
oh" was dependent upon outside sources
for the support OF her people, her enemies
had right to cut of this source Of supplv
and thereby compel her to make peace In
order to avert famine. Mr.. JEFFERSON
maintained his position "a long as he was
I Secretary OF State hut after he left the
Cabinet compromise was made In the
jay treaty OF 1894, the eighteenth article
OF which provided:
"WA,rrds. Tho dihHcuty Of agreeing on the precise
cases in which alone provisions and other articles
not generally contraband may DO regarded as such.
renders II expodient to provide against the incon.
yeniences and misunderstandinR. which might
thence arise Il IL further agreed that Whenever any
such articles 40 becoming contrabsnd. according to
the existing laws n nations shall Tor that be
seized the same shsl not 10 oon nscasl but the
ors thereof shall be speedily and com pleelv ndemni.
ned. AID the captors or, in their default, the Gov
eminent under whose authority they Act. shall pay
% the asters owners OF such vessel, the rull
value OF all such articles With . reasonable pront
thereon. together with the freight, and also the
demurrags incid' Mt t. such detention"
| This article was denounced by the fol-
lowers OF JEFFERSON IA a surrender to
! Great Britain OF the principle of neutral
! rights. The war Of 1912 terminated the
! Jay treaty and no subsequent treaty has
contained any reenactmcnt Of this article
The principle upon which modern author
, tiles on international law are agreed in
reference to provisions is that their status
Is to be determined by the use for which
they are intended. In the case OF The
Jongs Mhrgaretta, decided in the High
Court OF Admiralty in 1799 Sir WILLIAM
SCOTT held that cargo OF cheese was
contraband, because the proof showed that
1t was intended for the use OF the French
navy Referring to the tests by which
merchandise was to be adjudged innocent
or contraband he said: But the most i'm
porthnt distinction Is whether the articies
were intended for the ordinary use Of life.
or even for mercantile ships use; or whether
they were going with highly probable
destination to military use"
And in the case OF the "Commercen. :"
Justice STORY. In delivering the opinion OF
the United States Supreme Court, said:
| by tho modern law IF nations provisions are lot
in gencr, Il deemed contraband. hut thoy become go
although the property OF neutral on account Of the
particular situation Of tho war. or on account Of
their destination. II destined for the ordinary use
OF life In the onemys country they are not 10 ger
contrabAnd but 1t is otherwise II destined for mill
tary use Hence. II destined for the army or navy OF
tho enemy or for his ports Of naval or military
equipment, they arc deemed contrabAnd,"
The British Government claims the right
to extend or reduce the list OF articles to
be held absolutely or conditionally confirm
band, according to circumstances, and the
British Manual OF Prize" Law for 1883
gives lists OF articles which 1t declares are
for the present" pronounced absolutely or
conditionally contrabnnd. Provisions eft
for the consumption OF the army or navy"
are placed among the articles conditionalIy
contraband.
In 1885, France during her war with
China. issued manifesto declaring all rice
shipped to any port north OF Canton to he
contraband. but the British Government
protested against this declaration, and
Lord Granville wrote TO the French Ambas-
sador:
II regret to have to inform you that her Majssty's
Government feel compelled to take exception to the
proposed measure. 40 they cannot admit that oon
sstsntiy with the law and prA tics Of nations md
with the rights OF neutralS. provisions IN general
can De treated ~ eontrabAnd OF war. Hor Majsstys
Government do not contest that under particular
circumstance provisions may acquire that oharao.
ter as, for instance. II they should be consigned
dree' TO the nset Of bellssrsnt or to port whsro
sueh meet may be lying, and facts should exist
raising the presumption that they were about TO
10 employed in yictuallinR tho feet of tho
enemy In such case It 10 not denied that the
bsllgerent would be entitled to seize the provision.
~ contrAbAhd OF war, on tue ground that thew
would enable wArlike operations to be carried on
But hei MAjtstys Government cannot admit that IL
such provisions were consigned to the port OF A
oolligerent toren though II should he port OF naval
eIhpmeno they could therefore be necessarily re-.
g.rded a. contrA6and Of war In the view Of her
overwhelmingly the tett appears to be whether
'here are circumstances relative to any lar
Cargo or lite destination. to displAce the prcsump-
non that ArSSiss Of this kind are intended for The