The evening times., 1900-01-10

| NEW YORK. Jan. 1e.-The Herald
publishes the following from its Paris cor
respondent: II 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 he 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 a
! 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, said Mr.. Webster,
must therefore have been those of neutrsls.
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 will emerge.
None Of the legal incidents Of the block
ade and the attempted violation thereof can
complicate 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 Delagoa Bay belonged to the Trans
vaal then England could by an effective
blockade acquire the right to seize on the
high seas any vessel intending TO violate
ii, and the questions of contraband neu-
tral flag, free ships making free goods, and
continuous voyages, would come 10 point.
Pending questions said Mr.. Webster,
relate only to the right OF neutraIs 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 BoeT
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,
vending, or conveying in a commercial
way munitions Of war are not TO be sus-
pended or 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 to depart from ven
lures Of a purely trading and commercial |
character and fit out military enterprises !
against either belligerent, a different re-
sponsibility would attach itself.
Anyone can discover the difference be- |
tween passive contraband. incapable Of de- |
Tending itself and active contraband. like |
a vessel such as was the Alabama, |
capable of immediate offence. The first a /
belligerent must prevent in his own bel |
igerent Jurisdiction. but the departure Of
he second a neutral must prevent.
During long periods Of revolt like that
n Cuba the situation, so far as it affected
he United States, was that Spain in deny
ng that she was at war against the Cuban
rebels did not declare a blockade OF the
Cuban ports and the Government at Wash
ngton resisted the right of Spanish cruis-
4rs TO arrest or the high seas an American
'esseI, even although carrying munitions Of
var to the Cubaus, but conceded the right /
# Spain TO arrest such a vessel in Cuban I
waters if found there undertaking or in
ending to violate the Spanish laws.
Even in the case OF the Yirginius,
which constituted a military expedition,
he United States successfully resisted the
egality of the Spanish seizure Of her on
he ocean. In that case. however. it must
e remembered Spain strenuously denied
ka1I 1
tate.
"As to the Beers. the laws of the United
tates do not forbid their manufacturers
r merchants to sell to the Beers all or
nything they wish TO buy or convey mu-
tions of war to the TTansvaal.
IF New Workers undertake on their
wn account and risk TO deliver munitions
( war in Delagoa Bay or on the Transvaal
rontier TO be there paid for by the pur-
haser, the munitions cannot be lawfully
ezed by England in transit, as the prop
rty of her enemy. That is plain.
When as in the present situation there |
not technical blockade the only dis | {
ernible possible claim of right under
hich England can stop. visit and search
eutral vessels on the high seas is that ( !
hey have on board Boer property. Under
lat plea Of the enemy's property contra a
and is immaterial.
The great neutral powers can, il they 5
lease. submit to such an overhauing of l
leir ships on the ocean. Will they? b
What Portugal may tolerate in Delagoa
ay is another matter but for what she {
lere permits TO be done to American sbips c
cargoes she will be responsible to the [
nited States. Portugal is a sovereign '
)wer and. it is to be assumed. capable I
vindicating her sovereignty. I
1T has seemed from the outset" said {
r. Webster. that Delagoa Bay and the c
rty or fifty miles of intervening Portu- I