The Savannah morning news., 1901-04-14
NEUTRALS CAN SELL
BCER CASE DISMISSED AT NEW
ORLEANS.
HAS NO LEG TO STAND UPON.
VERY ABLE DECISION BY JUDGE
PARLANGE.

Conducted Under the order of Pri-
vate Citizenship and Courts Have
no JurisdictiOn to Interfcre-A
We'll Established Principle of In
tcrnatiOnaI Law That Private Citi-
zcns of Neutral Nation Can Law
fully Sell Supplies to BeIIigerents
New Orleans. April 13.-Judge Parlange,
in the United States Court to-day, handed
down a decision dismissing the suit for
injunction. brought by Boer representa-
tives here, with a view to preventing the
shipment of mules and horses out of New
Orleans to the British army in South
Africa.
Judge Pariange holds that the trausac-
tions between citizens of the United
States and the British government were
conducted under the order of private citi-
zenship. and that the courts had absolute
ly no jurisdiction 10 interfere. The horses
and mules, the court said. were bought
in a neutral territory. Judge Parlange
continued:
IF the complainants could be heard to
assert here rights personal to themselves
in the treaty invaded, and if The mules
and horses involved in this cause are
munitions of war, all of which is disputed
by the defendants. 1t would become nee
essary to determine whether the United
States intended by the declaration OF the
treaty (of Washington, May s. 1S7D, TO
subvert the we'll esta blished principle of
International law that the private citizens
of a neutral nation can lawfully sell
supplies to belligerents.
1T is almost impossible 90 suppose a
priori that the United States have done
so, and would have thus provided for the
most serious and extensive arrangement
of the injury to the commerce of our cfti-
zens, whenever two or more foreign ma
tions should go to war: and it would seem
that there is nothing in the treaty, es-
pecially when its history and purposes
are considered, which would warrant the
belief that the United States insisted upon
inserting therein a new principle of in
ternational law from which the grea test
damage might result 10 the commerce Of
this country and which was absolutely
| different from and antagonistic to the
| rule and policy which the government of
| this country has heretofore strenuously
and invariably followed.
4 Well Settled Principle.
"The principle that neutral citizens may
lawfully sell to beligerents has long since
been settled in this country by the high
est judicial authority"
Judge Perlange cites numerous authori-
ties in support Of the foregoing and CON
tinues;
The principle has been adhered to here
by the executive department of the gov
eminent from the time when Mr.. Jeffer-
son was Secretary of State to the pres
ent day. Mr. Jefferson said in 1893:
" Our citizens have always been free
to make, vend and export arms. 1t is
the constant occupation and livelihood of
some of them. To suppress their call
ings, the only means, perhaps of their
subsistence, because war exists in for
eign and distant countries in which we
have no concern, would scarcely be ex-
pected. 1t would be hard in principle and
impossible in practice. The law of ma
tions. therefore, respecting the rights Of
those at peace, does not require of them
such an international arrangement is
their occupation.
expressions aud declarations to the exec
utive department of the government from
the earliest period of the country to the
present time
"Affdavits in the cause purport to
show that the vessels which make the ex-
portations of mules and horses Of which
1.-The bills complain, are private merchant
vessels. II these afhdavits set out the
facts truly. it is difficdlt to see how a
cause Of complaint can arise. If a bellig-
ercnt may come to this country and buy
munitions of war it seems clear that he
may export them as freight in private
merchant vessels of his own or any 9TH
er nation, as cargo could be exported by
the general public.
Nothing to sustain Complaint.
mo precedent has been cited to the
court which in its opinion could even re-
motely sustain the cause of the complain
ants The three complainants are private
citizens; IL Is true that the conDlainant
Pierce AYERS that he is consul general OF
the Orange Free State, but his demand
Is exclusively personal one. and he must
be deemed to be suing In his personal ca
paclty. Ihey own property in the
south African Republic and
the Orange Free State They
fear that the war II continued will result
IN the destruction of their property. They
D'4i'Nf tHdt il lHs shipments OF mueeS
and horses from this port are stopped the
war viii cease, they claim. that by virtue
OF declaration Of international law con-
tanned In an international treaty. 10 which
the foreign countries in which their prop
erty IS situated wero not parties. they
have the personal right 10 enioin the
shipments for the purpose OF stopping the
war and thus saving their property from
the destruction which they apprehcnd will
70 A..
war. When complainants' cause Is thus
analyzed and the nature of the alleged
right under the treaty IS considered, II Is
obvious that q court Of equity cannot take
cognizance Of the cause.
II am clearly OF the opinion that this
cause is not within the cognizance Of this
court and for that reason the rule must
be denied"
Horses for AfricR.
New Orleans April l3.-Thc steamer
Rlpulugham Grange cleared to-day for