The evening times., 1900-01-10


publishes the following from its Paris cor
respondent: Il had a conversation at the
Hotel Du Rhin with Mr.. Sidney Webster.
the authority on international law, who is
row en- route for Cairo. Regarding the re-
cent British seizures of vessels suspected
Of carrying military aid TO the Beers he
said be was UNIFORMED Of the details,
which were published while he was on the
voyage from New York.
Regarding the nationality Of the seized
vessels their cargoes, and the places of
seizure. whether on the high seas or in
neutral harbOr, such as Delagoa Bay is as
sumed to be, as the South African Repub-
lie has neither seacoast, nor ports, nor
ships, the seized vessels, saiG Mr.. Webster,
must therefore have been those Of neutrals.
If any seizure was made in Delagoa Bay
or in the territorial waters OF Portugal,
continued Mr.. Webster there was. unless
she consented thereto, an invasion Of her
sovereignty against the like OF which a
self-respecting neutral power would be
likely TO vigorously protest.
Should the seizures prove TO have been
made by England outside Of the territorial
waters Of Portugal and in the open ocean
very different questions Of law viii emerge.
None OF the legal incidents Of the block
ade and the attempted violation thereof can
cOmplic4te the existing state OF affairs. in
asmuch as the Beers have no ports to be
blockaded. and ii is not to be assumed that
England has declared a blockade OF the
neutral harbor Of Delagoa Bay any more
than OF New York or Hamburg.
If Oelagoa Bay belonged 10 the Trans
vaal then England could by an effective
blockade acquire the right TO seize on the
high seas any vessel intending to violate
it, and the questions Of contraband neu-
trail flag. free ships making free goods, and
continuous voyages. would come 10 a point.
Pending questions said Mr. Webster.
relate only TO the right OF neutrals TO
make. yend or transport on the high seas
or in neutral harbOrs or by railways on
neutral land. munitions Of war or contra
band even when intended for the Beers,
and 10 the belligerent right OF England TO
seize on the high seas and out Of her own
territorial Jurisdiction and out OF the BOer
territorial jurisdiction the property OF her
enemy.
Apart from running a blockade the
general rule OF public law governing such
pending questions is not obscure. The
nominal industries Of neutrals in making
way munitions Of war are not TO be sus-
pended OF interfered with by belhgerents
because they are at war The questions
Of contraband do not apply.
If. however. either the United States or
Germany were TO permit anyone in the
jurisdiction Of either 10 depart from ven
lures OF a purely trading and commercial
character. and fl out military enterprises
against either Gelligerent a different re-
suOnsibiliLy would attach itself
Anyone can discover the difference be-
tween passive cCnJraband. incapable Of de-
Tending itself, and active contraband, like
a vessel such as was the Alabama,
capable Of immediate offence The first a
beIlr ecrent must prevent In his own bel
Iig, ecnt jurisdiction. but the departure OF
the second a neutral must prevent.
During long periods Of revolt like that
in Cuba, the situation, 50 far as il affected
the United States, was that Spain in deny
ing that she was at war against the Cuban
rebels did not declare a blockade OF the
Cuban ports. and the Government al Wash
ingtOn resisted the right Of Spanish CTuis-
ers TO arrest or the high seas an American
vessel. even although carrying munitions Of
war TO the Cubaus. but conceded the right
Of Spain 10 arrest such vessel in Cuban
waters il found there undertaking or in
tending 70 violate the Spanish laws
Even in the case OF the Virginius,
which constituted a military expedition,
the United States successfully resisted the
legality Of the Spanish seizure OF her on
the ocean. In that case. however. il must
be remembered. Spain streuuOusly denied
that the Cubans constituted a belligerent
state
As TO the Beers. the laws OF the United
States do not forbid their manufacturers
or merchants to sell to the Beers all or
anything they wish TO buy or convey mu-
nitions Of war to the TraUsvaaL
If New Workers undertake on their
own account and risk 20 deliver munitions
OF war in Delagoa Bay or on the TransvaaI
frontier. to be there paid for by the pur-
chaser, the munitions cannot be lawfully
seized by England in transit. as the prop
erty Of her enemy That is plain.
When. as in the present situation. there
is not technical blockade the only dis
cernible possible claim Of right under
which England can stop visit, and search
neutral vessels on the high seas is that
they have on board Boer property. Under
that plea Of the enemy's property contra
band is immaterial
The great neutral powers can 4 they
please submit TO such 2n OverhauIing Of
their ships on the ocean. VIII they?
What Portugal may tolerate in Delagoa
Bay is another matter but for what She
there permits TO be done to American sbips
or cargoes she will be responsible to the
United States. Portugal is a sovereign
power. and. it is TO be assumed capable
Of yindicating her sovereignty
1t has seemed from the outset" said
Mr., Webster that Delagoa Bay and the
forty or fifty miles Of intervening portu-