The daily morning journal and courier., 1900-01-25
PROFESSOR WOOLSEY ON SEIZ-
 URES.

Mutual Rights and Contraband o
 War is the subject of paper by Pro- lessor Theodore s. Woolsey, of Yale ir
 this weeks Outlook. He says in eff
 feet that the act of Great Britain ir making the recent seizures "has irrita- ted both Germany and American ship pers. and has brought into notice some old doctrines of maritime capture un- der new aspect" After citing the particular seizures he continues:
 Nov, much of the law applicable to these various cases depends upon an exact discovery of the facts attending each incident. Thus if North Delagoa Bay is within Portuguese territory, and the search of the Bundesrath took place within territorial waters, the act was a gross violation of Portuguese sover- eighty, and full apology is due, not to Germany, but to Portugal; while Ger many's remedy is against Portugal, not against Great Britain"
 Professor Woolsey discusses cases in which the questions of contraband have heretofore been raised and adjudicated He continues:
 "There are, however, broader ques- tions raised in both the German and the American complaints, which are important and should be interesting. And though the doctrines upon which the English government must base it's action, if it has any basis, are trifle technical and not very well established, they are historically existent.
 lone of these is called the doctrine of continuous voyages and is in truth the only possible foundation for action against neutral commerce under the circumstances, since the Transvaal and Orange Free State have no seaport.
 ''The Italian jurist, Signor Fedozzi gives his sanction to the doctrine of continuous voyages for the enforcement of laws of contraband and cites Twiss, Gessner, Calvo and Blunschli in quali- fled approval; and this doctrine was sanctioned by the Institute of Interna- tional Law in 1896, by formal declara- ton.
 There is plenty of authority, and good authority, on the other side; but the enforcement of the doctrine as ap- piled to contraband by the prize courts of France, Italy and the United States must be conclusive of it's validity, if the hostile destination is perfectly man. fest All depends upon this fact; for if the contraband goods are to be sold in open market, if the intention of impor- tation ends with that, then no hostile destination can be inferred.
 "The hostile destination may be con- cealed by all sorts of devices, by circu- lar tours and simulated voyages, on water, and on land, but after all, if it can be made to appear, then the con- traband character attaches, England will protest against this doctrine when her interests are neutral, though sub hitting to foreign judgments. Quite as certainly she will enforce this doctrine when belligerent, if it serves her turn. And just now nothing but this doctrine can entitle her to shut out fresh sup plies of war material from the Boers ex- cept brute, unlegalized force.
 Professor Woolsey cites as the best legal opinion in the doctrine of ossa- sional contraband Hall's treatise on h. ternational Law, second edition, 1885. page 61S, prefacing the opinion by say ing that Hall is not only modern and weighty authority, but is robustly Brit ish in his treatment of the rights of maritime capture:
 ''The opinion explicitly condemns the English practice during the French Revolution as an indefensible extension of the doctrine. The same condemna- ton would hald good were provisions carried from New York to a Transvaal port, did any exist, at the present june ture. How much less defensible is the English action when we reflect that these provisions are bound to neutral port, with no military use inferable, with no hostile destination except on the theory of a continuous voyage, thus lacking both of the characteristics of contraband, hostile character and hos tile destination, and depending upon the absolutely novel combination of two exceptional doctrines, that of continuous voyages, applied to the same cargo. If our weak government of 1794 refused to | admit the principle that provisions were | contraband if sent to beligerent France, | is it likely that now, grown strong, it | will permit the revival of the doctrine | after generations of disuse, and the ex tension to cover provisions sent to neu- | tral Delagoa? Truly, if it does SO it | will be false to it's birthright, it's right | to feed a hungry world