The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-06

Gen. Sir Richard Campbell Stuart, an aid
of the British army, on a tour of in
spection of the transport service in the
vicinity Of New Orleans. He also incIoses
number of newspaper clippings and
statements from individuals as to the
operations of the British remount service
transcript of the proceedings in court
and a number of letters from individuals
protesting against the continuation of the
animal shipments
President Orders Investigation.
The most important Of these probably
is an affidavit Of one Tourres setting
forth his engagement for service on the
transport Milwaukee. signing articles be-
fore the British vice consul, being as
signed to duty by Lieut.. Thompson, OF
the Yeomanry of the British army and
acting under his orders to Cape Town,
thence to Durham, where horses were de-
hvered to British officers in uniform. and
where the men were not allowed to go
ashore unless he would agree to sign
with the recruiting officer and join Jne
British army" He also alleged that the
Milwaukee was commanded by army
officers.
Secretary Hays letter in answer to that
from the governor says:
L have received your letter of March
70 and submitted it to the president, who
directs me to inform you that he has re-
quested an opinion from the attorney
general in regard to the points of law
involved In the matter to which 1t refers
and has also ordered an immediate in
vestigation of the facts in the case
The attorney generals opinion is dated
April 4. He says: ut seems necessary
to say nothing as to the duties and pow
ers of the state officials. except that they
involve, of course, the exercise of the
II civil of no
peace, in the improbable event of its
breach in the manner supposed to be
suggested by Pearson. l cannot believe
that the latter contemplates taking the
law into his own hands in defiance of the
state and federal governments; nor does
he threaten to act without the presidents
permission, which, it is needless to say,
he Will not receive Nor can I believe
that he expects any such permission. His
| object is doubtless to bring forcibly to
! the attention of the government that ne
considers the proceedings Of the British
government equivalent to carrying on war
| upon our territory
! Finds Points to Justify Trade.
The attorney general says that the
| principal question. and a delicate one, is
whether there has been a departure Of
neutrality on the part of our govern
| ment in this matter, and notwithstand-
! ing the urgency of Pearson and Gov.
| Heard he thinks this government should
| not take any action without mature con-
| sideration by the president and his ad-
| Visers. He submits some tentative sUg
| gestions:
First" he says, ''the sale of contra
| band or war supplies to a beIIigerent is
| held by many emfnent authorities to be
| unlawful, and something which neu-
| trel nation ESast forbid to its citizeHs
| But the weight of authority is the other
IBnx V11in Of LOW full oa6
| upon is a neutral nation shall not give
! aid to one of the belligerents in the car
| rying on Of war. Carrying on commerce
| with a belligerent in the manner usual
| before the war is not giving such aid.
| The mere increased demand for wariike
! articles and their increased quantity in
! the commerce does not make that COM
merce cease to be the same as before the
/ war.
1T does not seem to be settled that
| the fact that the belligerent government
| is purchaser makes. the neutral gov
| ernment's permission of the commerce a
! departure from the obligation to give no
! aid to the belltgerent.
Duty in Municipal Law.
The fact that the neutral merchants
give aid to the belligerents from motives
| of gain-Seeking does not relieve their
| government from its obligation to pre-
vent, otherwise it would be lawful to
|
| powder. The difficulty lies in drawing
| the line between the right of carrying
on, and of governmental permission to
carry on, the commerce usual before the
war, and the obligation of the govern
ment and citizens of the neutral govern
J ment to give no aid to the belligerents."
The attorney general adverts at some
length to the difficulty in disposing of
| these cases, each different from the
ether, and without exact precedent, and
I he falls back upon the principle recognize
sA1 ,frv. ~
Gerant characteristics must control the
! determination. He enters into long CT
/ tation Of cases in the nature Of prece-
! dents, and says in conclusion:
While discussions Of such matters
have, as in the Alabama claims cases,
| principally concerned war vessels and ex-
| petitions by sea, it cannot be doubted
| that aid given to an army engaged in
actual warfare stands upon the same
! fec ting as aid given to a fleet so en-
! gagged, since both equally involve a taking
Tart by the neutral in furtheripg the
military operations of the 5eIligerent
! Nor should the municipal Jaws of Eng
| land and the United States, or Of other
| countries, by principally dealing with
such vessels end expeditions, fail to OBJ
serve the fact that aid can as well be
/ given to military operations Of the bel
! Hgerent the one way as the other, by
/ proceedings carried upon the territory.
From all that has been said, I think
! that it may be concluded that in deter
| mining whether a transaction OF the
\ KIM referred TO, winch IN one respect Is
| considerable in character, is yet not en-
| titled to enjoy the rights belonging TO
! commerce, but is prohibited to the neu-
! trai nation and It's people as being an
/ aid to one Of the beIligerents in carrying
| on war against the other, the criteria
! are practically impossible to specify, and
| enumerate in advance. Each case that
/ arises must be considered in all its cir
| cunnstances and determined accordingly.
| ''fn the case before us there is no
| statement of facts by you upon which to
| give official opinion as to the law and
| dc not understand that one has been re-
! quested. number of allegations and
| some testimony has been sent me, and
| they are sufficient to challenge attention
But the first thing to be done is to ascer-
tain what allegations are true. I have
/ endeayored, as well as I could, in adj
| vance, to indicate the law to be applied
| to them. and shall only add that, among
the points by which to be guided, are
| the systematic character Of the transac-
tons. their greater or less extensiveness.
their persistence in time. or the reverse,
| their governmental character or the alb
/ sence Of it. their objects and results,
and principally, Of course, their relations,
if any, with the prosecution Of the mill