The times. [volume] (Richmond, Va.) 1890-1903, 1902-04-06
INTERESTING POINTOf
international Law.
CONTINUED from Thirteenth Page.)

Louisiana, except that they involve, OF
course. the exercise OF the usuai eiViA
means of preserving the peace in the Inn
nrohab1e event of its breach in the man.
nor supposed to be suggested by Pearson
cannot believe that the latter con-
templates taking the law into his own
hands, in defiance OF the State and natlon-
al Eorernmets, or does he threaten ~
act without tho Presidents permission,
which. it is needless to say, he Will not
receive. Nor can L believe thae ne eA.
pects any such permission. dls eDJece
is doubtless to bring forcibly to the at
tcntion OF the Government tnat nc ooii-
siders tho proceedings of the british
no,,iva1ent 10 carrying on war upon our
territory.
The Attorney General SAYS that the
principal question, and a delicate one, IS
whether there has been departure IRON,
neutrality on the part OF our 1oNeiliiiie.ie
in this matter. and notwithstanding tn7
urgency of Pearson and Governor ltea,u'
..,rhinks this Government should not take
any action without mature consideration
by the President and his advisers
TENTATIVE SUGGESTIONS
He submits some tentative suggestions:
First. he says the sale Of contra band Oh
war supplies to a lDelllSercnt Is nero u!
many eminent authorities TO be uniaW1ui
and something which 4 neutral natloii
must forbid to its citizens, but the weight
of authority is the other way. a rule oil
law now fully agreed upon is that a Icu-
trail nation shall not give aid to one Oh
The belliEercnts i'll the carrying on OF
war. Carrying on commerce Win q nsi-
lEerent in the manner usual peIo1e tiie
war is not giving such AID. Inc lliei :
increased demand for warlike articles anu
their increased quantity in the commerce
31,,t IT
be tho same as before the war 1t does
not seem to be settled that the TACT tnat
the belliSercnt Government is a. purchaser
makes the neutral Governments perHls-
sion Of the commerce a departure from
the obligation to give no aid TO the pei
licerent Tho fact that neutral merchants
give aid TO the bclligerents from MOVIES
Of ,ain-seelSing does not relieve their
Government from it's obligat ton to pre-
vent, otherwise it would be Lawful 10
supply warships with coal, cannon anu
powder. The difficulty lies IN drawing
The line btween tho right OF carrying on
and Of governmental permission TO carry
on the commerce usual before the va
and the obligation upon the Government
aud cit,zens Of the neutral Government
TO give no aid to the belligerents.
DIFFICULTY QUESTION.
The Acknowledgement adverts at some
length to the difficulty in disposing OF
these cases, each different from the other
and without exact precedent, and ne 1aiis
back upon the principle recognized IN IN
ternatio1al law that the preponderant
Characteristics must control the determi-
nal. He enters into a long citation OF
cases in the nature Of precedents, and
says in conclusion:
-'Nfile the discussion Of such matters
has, in the Alabama claim cases, princi-
~o1e \
tons by sea, it cannot be doubted that
aid given to an army engaged in actual
warfare stands upon the same footing as
aid given to a feet so engaged, since both
equally involve a taking part by the neu-
tral in furthering the military operations
of The belligerent. Nor should the munic-
ipal laws Of England and the United
States or OF other countries, by 3rinci-
paily dealing with such vessels and eApe-
ditions, obscure tho fact that aid can as
we'll be given 10 military operations OF
the belligerent the one way Is the other,
by proceeding upon the neutral territory.
ON ITS MERITS.
..From all that has been said, think
that it may be concluded that in deter
mining whether a transaction Of the
kind referred to, which in no respect IS
commercial in character, is yet not en-
titled to enjoy the rights belonging to
commerce. but is prohibited to the neu-
trail nation and its people as being an
aid to one Of the belligerents 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
cumstances and determined accordingly.
I'm the case before us there is no
statement OF facts by YOU upon which to
give an official opinion as to the law,
and do not understand that one has
been requested. A number of allegations
and some testimony have been sent me.
and they are sufficient to challenge at
Stention. But the first thing to be done
10 to ascertain whether the allegations
are true. have cndeavored. as Well as
4 could in advance. to indicate the law
TO be applied to them, and shall add
that among the points by which to be
guided are tho systematic character Of
The transactions: their greater or less
extensiveness; their persistence i'll time
or the reverse: their governmental char
acte,, or the absence of it: their objects
and results. and principally. of course.
their relations if any. with the prosecu-
ton OF the military operations in South
Africa -
r. Elks' Carnival.