The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-01-05

which England is desirous Of avoiding
II Is felt by the authorities here that
the time has come for the Brltsh HoN-
ernment to declare what II considers con-
traband of war.
Tho captrre of German mail steamers IS
very different from the seizure Of the.
American cargoes in foreign bottoms. Tor
in the former case there Is tie added m
Jury sustained by the fag-
Nh Alexander Porter Morse. wsli-knoWn
international law expert. thus explained
the law in the case of the detention of the
German steamer General at Alden:
Il assume that Germany can and Will
safeguard the neutral rights Of German
shippers and shipowners in the latest re-
ported case of detention of the German
steamer General at Alden. by British au-
thorities, and | am entirely satisfied that
the neutral rights OF American shippers and
shipOwners may be safely intrusted 10 the
Secretary of State and the American Am
bassador at London, without any assistance
from the outside.
There are some general principles. how
ever. which usually guide civilized States
in this regard Those upon which our Gov
ernment and public vessels proceeded dur
ing the Civil War were embodied in the in
structions issued by the Navy Department
under authority from the President. The
substance of them was that a vessel was
not to be seized without a search being
carefully made far as TO render il rea-
sonabe to believe that she WAS engaged in
carrying contraband of war fer or 10 the
beligersnts and TO their ports directly or
indirectly. by trans-shipment or otherwise,
violating the blockade.
As early as ltse the Congress of the Fed
Grafton declared II t. be lawful to capture
and obtain condemnation of all contra aband
goods. wares and merchandise 10 whatever
nations belonging, although found in neu-
trail bottom, IL destined for the use of the
.f bold ~, ,,ra
Court in 1866 that contra aband merchandise
Is subject to 4 different rule ir respect to
Interior destination than that which applies
to merchandise not contrahand. The latter
is liable to capture only when there is Il
violation of blockade or one is intended; the
former when destined to the hostile country
or to the actual military or naval use Of
the enemy. whether blockaded not. The
trade of ncutrals with belliseren:s In con-
traband articles Is always unlawful and
such articles may always be seized during =
transit by sea. Aa there Is no blockade Of
neutral port short of an act If war, the
question of blockade does not arise in re-
spect to Lorenzo Marquee, if that be in all
these recent seizures the port of destina-
tion.
"A weIl-informed publicist has said that
The Interests of peace and commerce on
the one hand. and those OF on the
other have. in the conflict Of their forces
interests OF peace have prevailed so far as
10 permit the carrier to transport contra
band goods subject to no other penalty
than TIE loss of his commercial enterprise
I. 9, his freight and expenses-whiic the in
terests of war have prevailed so far as to
permit the belIigerent to stop the contra
band goods on their passage and convert
them into his own use
The advantage of this IL that the carry
ing trade of the world may go on subject
to ascertainable risks. which may be pro-
vi,ied for by contract and guarded against
by Insurance, and Producers and merchants
can continue their business ard procure
transportation without criminaEty taking
the risk of capture and condemnation of
roxious articles. At the same time the bel
ligercnts have the further security Of hains,
able to condemn all the interests involved
whether vessel or cargo. If there have been
fraudulent practice or hostile service. In
sirictnesS. every article which is either
necessarily cOntraband. or which has be-
come SO from the special circumstances OF
the war. IS liable to confiScation hut II Is
usual for those nations. who vary this
list of Contrdhand To subject tho latter
class 20 pre-emptirn. only. which, by the
English practice. Tsans purchase of the
merchandise AT its market value. together
with "A reasonable profit. usually calculated
AT ~ per cent on the amount