The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-19

Judge Parlange's Decision Diminishing
ping OF Horses and Mules From Amer
lean Ports For Use ofBritfsh army in
south Africa.

i SOUTH africa.
New Orleans. April 1s.-Judge Par
LANCE, in the United States court today
handed down a decision dismissing the
suit for injunction, brought by Boer
representatives here with a view to
preventing the shipment of mules and
horses out of New Orleans to the Brit
ish army in South Africa
Judge Parlange holds that the trans
actions between citizens Of the United
States and the British government were
conducted urder the order Of private
citizenship and that the courts had alb
solutely no jurisdiction to interfere
The horses and mules, he court said.
were bought in neutral territory. Judge
Parlange continues:
IF the compliments could be heard
TO assert here rights personal TO them
selves in the treaty invaded. and II the
mules and horses involved in this cause
are munitions OF war, all OF which is
disputed by the IL would
become necessary to determine wheth-
er United States intended by the dec
hration of the treaty (of Washington
May s, 1S7I TO b the we'll estab-
lished principle of international law
that the private citizens OF a neutral
nation can lawfully sell supplies TO bel
H~gerents.
1T is Almost impossible to suppose.
a priori, that the United States have
lone so and would have thus provided
for the most serious n extensive de-
| rangement of the injury to the COM
merce of our citizens, whenever two
or more foreign nations should go to
| war; and it would seem that there is
| nothing in the treaty, especially when
| its history and purposes are considered.
| which would warrant the belief that
| the United States insisted upon insert
ing therein a new principle of interna-
| tioal law from which the greatest DAM
| age might result to the OF
this country and which was absolute
| ly different from and antagonistic to
the rule and policy which the govern
ment of this country has heretofore
strenuously and invariably followed.
1.-The principle that neutral citizens
| may lawfully sell to belligerentS has
long since been settled in this country
by the highest judicial authority"
Judge Parlange cites numerous au-
thorities in support of the foregoing and
continues:
1.-The principle has been adhered to
here by the executive department of
| the government from the time when
Mr.. Jefferson was secretary of state to
the present day. Mr.. Jefferson said
in 1898: Our citizens have always been
4 Tree W IldhS, NcuO anu SApoil Ia
It is the constant occupation and live
lihood of some of them. To suppress
their calling, the only means, perhaps
of their subsistence, because a war ex-
lists in foreign and distant countries in
which we have no concern, would
scarcely be expected. 1t would be hard
in principle and impossible in practice.
The law of nations, therefore, respect
ing the rights of those at peace, does
not require of them such an interna-
tional arrangement in their occupa-
tion.'
ITO the same effect are numerous
expressions and declarations of the ex-
ecutive department of the government
from the earliest period of the country
TO the present time.
"Afidavits in the cause purport to
show that the vessels which make the
expectations of mules and horses OF
which the bills complain, are private
merchant vessels. If these afidavits
set out the facts truly, 1t is difficult to
see how a cause Of complaint can arise.
If a belligerent may come to this coun-
try and buy munitions Of war, it seems
clear that he may export them as
freight in private merchant vessels of
his own or any other nation, as the car
go could be exported by the general
public.
mo precedent has been cited to the
court which in it's opinion could even
remotely sustain the cause Of the COM
plainants. The three compliments are
private citizens; it is true that the com
p%lainant Pierce ayers that he is con-
sui general of the Orange Free State;
but his demand is exclusively a per-
sonal one and he must be deemed to be
suing in his personal capacity. They
w property in the South African re-
public and the Orange Free State
They fear that the war, If continued
will result in the destruction of their
property. They believe that If the
shipments of mules and horses from
this port are stopped the war will
cease; they claim that by virtue of e
declaration OF international law, con.
tanned in an international treaty tt
which the foreign countries in which
their property is situated were no
parties, they have the personal RICH
to enjoin the shipments for the purpos.
of stopping the war and thus savin.
their property from the destruction