The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-17
coNrRAnASD OF WAR.

Ammunition Cnn he shipped to the
Bci,iEerents.
New York, December 10. The ship
ment of arms nnd ammunition from
this country to South Africa for use
by the British forces against the
Boers last Tuesday cnuscd Consul
Pierce of the Orange Free state to
protest with Secretary of State Hay
in Washington. Today Mr.. Pierce
received u note from Wr. Hay de-
clnring that the department of stnte
could not take action In the prem
iscs According to the authorities
cited ny the secretary of stntc, in
case OF war, beIliEcrcnts have the
right To purchase nny kind of goods
I'm II neutral country subject to con-
ascntion after shipment. As the
Beers have no navy and no port OF
entry, the ruling is decidedly nd-
hantnEeous to the British.
Last Monday l received letter from
Or. iIendrlck Muller, envoy extraordinary
of the Orange Free State at the Hague,
| said Mr.. Pierce. calling my attention to
the shipment by a cartridge company OF
! Bridgeport. Conn, Of 100000 cartridges
to South Africa. He also stated that this
company has received other large orders
from the British government | at once
transmitted DR.. Aluler's letter TO Wash
ington and today received the reply. In
| his answer Mr. Hay quotes from Kent
Commentaries page ~, as to the law OF
1 nations on the subject. as follows; 1t
was contended on the part of the French
mutton in 1896 that neutral governments
| were bound to restrain their subjects from
ceiling or exporting articles contraband
Of war to the belligerent powers. 1t was
successfully shown on the part OF the
United States that neutrals may lawfully
sel at home TO belligerent purchaser or
carry themselves to the belligerent pow
ers contraband articles subject TO the
rights of seizure In transit. The right has
since been explicitly declared by the ju-
dicial authorities OF this country
Mr. Judge Storey the letter con-
tiuues. In the case of Santisina Trinidad
7
guoge: There is nothing in our laws or
in the laws of nations that forbids citizens
from sending armed vessels as well as am
/ munitions of war TO a foreign port for
sale. II is a commercial venture which
no nation is bound to prohibit and which
only exposes the persons engaged In 1t to
| the penalty Of contiscaton.
7 " In the case OF Bermuda GO Wallace,
! 5l4) Chief Justice Chase said: 'Neutrals
/ In their own country may sell to belliger-
! ents whatever belligerents choose to buy.
1 Tho principal exceptions to this rule are
| that neutrals must not sell TO one bellig-
erent what they refuse to sell TO the
other
The appendix OF Whartons Digest az
| International Law, section sol, will make
| II clear that the executive department. OF
! this government from the earliest period
have maintained the correctness az the
doctrine stated by Chancellor Kent and
that In this position they have been sup
ported by the decisions Of the courts OF
the United States and by the opinion OF
eminent authorities on international law
| Under tho circumstances therefore and in
view of tho fact that law on the subject
In the United States Is well settled. the
department does not consider II necessary
! to cause an investigation as 10 The cor
reetness Of the facts alleged by Dir, Mnl-
| ler'"
Are you in communication with the
Orange Free StnteT" Mr.. Pierce was asked.
When necessary they have means OF
reaching me and | can get word to them
hut as you know the regular direct cable
communication is in British hands"
How could American volunteers get
! 10 the Boer country
Now, know nothing OF it--in fact,
know nothing at all myself. But I have
heard that II volunteers go from this
country to certain port In Europe. there
are funds on hand there for the transrsp-
tatlon Of suitable men who want to Join
the Beers. II this Is so, they undoubtedly
have some route by which the Boer com
try can be reached"