The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-08
1iate investigation of the facts in the

date investigation OF the IactS III the
case"
The Attorney Generals opinion is
dated April A. He says
"It seems necessary to say nothing as
to the duties and powers of the .-tate of
Louisiana, except that they involve, of
course, the exercise of the usual civil
means of preserving the peace, in the
improbable event of it's breach in the
manner supposed to be suggested by
Pearson. l cannot believe that the lat
ter contemplates taking the law into MS
own hands, in defiance of State and the
Federal Governments, nor does ne
threaten to act without the President
permission, which it is needless to say
he will not receive. Nor can pelleVe
that he expects any such PERMISSION
His object is doubtless to bring forcloly
to the attention of the Government tnat
he considers the proceedings OF inc
British equivalent to carrying on war
upon our territory.
The Attorney General says that the
principal question, and delicate one,
is whether there has been departure
of neutrality on the part of our GOV
eminent in this matter, and notWlth-
standing the urgency of pearson ana
Governor Heard thinks this Govern
ment should not take any action with
out mature consideration by the Presl-
dent and his advisers" He submits
some tentative suggestions;
First, be says, the sale of contraband
of war supplies to a belligerent is held
by many eminent authorities to be an
lawful and something which a neutral
nation must forbid to its citizens, but
the weight of authority is the other way.
rule of law now fully agreed upon
is that a neutral nation shall not give
aid to one of the belligerents in the
carrying on of war. Carrying on COM
merce with a belligerent in the manner
usual before the war is not giving such
aid. The mere demand for warlike arti-
cies and their increased quantity in the
commerce does not make that commerce
cease to be the same as before the
war 1t does not seem to be settled that
the fact that the belligerent government
is a purchaser makes the neutral gov
ernment's permission of the commerce
a departure from the obligation to give
no aid to the belligerent. The fact that
neutral merchants give aid to the belll-
kerents from motive of gain seeking
does not relieve their government from
its obligation to prevent, otherwise
it would be lawful to supply warships
with ccal, cannon and powder. The diff
ficulty lies in drawing the line between
, the right of carrying on, and OF govern
mental permission to carry on, the COM
merce usual before the war and the OBJ
legation upon the government and citi-
zens of the neutral government 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
other and without exact precedent, and
he falls back upon the principle recog-
nizcd in international law that the pre-
ponderent characteristics must control
the determination. He enters into long
citation of cases in the nature OF pre-
cedents and says in conclusion:
while the discussion of such matters
have, as in the Alabama cases. princi-
pally concerned war vessels and expedi-
lions by sea. it cannot be doubted that
aid given an army engaged in actual
warfare stands upon the same footing
as aid given to a fleet so engaged, since
both equally involve taking part by the
neutral in furthering the military OPP
erations of the belligerents. Nor should
the municipal laws of England and the
United States or of other countries, by
principally dealing with such vessels and
expeditions, obscure the fact that aid
can as well be given to military opera
tions of the belligerent the one way as
the other, by proceedings carried upon
the neutral territory.
From all that has been said, l think
- ,e,xv H. Ind d hot in doto in
whether a transaction of the kind refer
red to, which in one respect is CONNER
cial in character is yet not entitled to
enjoy the rights belonging to commerce,
but is prohibited to the neutral nation
and it's people as being an aid to one OF
the belligerents in carrying on war
against the other, the criteria are prac-
tically impossible to specify and enum-
crate in advance. Each case that arises
must be considered in all its circum-
stances and determined accordingly.
In 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 had
been requested. number Of allega-
lions aud some testimony have been sent
me and they are sufficient to challenge
attention. But the first thing to be
done is to ascertain whether the allega-
tions are true. l have now endeavored
as we'll as l could in advance 10 indicate
the law to be applied to them, and shall
add that, among the points by which to
be guided. are the systematic character
of the transactions, their greater or less
extensiveness, their persistence in time
or the reverse"
BOTH SIDES LOST HEAVILY.