The Washington times., 1902-04-06
A BREAD FAMINE IN
WASHINGTON AVERTED
Mr.. KNOX ADVISES
PROVING OF CHARGES
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, appears to be whether the transactions
concerning the horses and mules involve
departure. on the part of the United
States Government from the duties OF
neutrality, with regard to the South Afri-
can war. Mr.. Knox says that this is
delicate question. in view of the interests
OF American citizens engaged in selling
and otherwise dealing with the animals
and of our foreign relations. In his re-
view of the matter. Mr.. Knox says:
The sale of contraband or war sup
plies TO beliigerent is held by many
eminent authorities on international law
to be unlawful and something which
neutral nation must forbid to its citi-
lens. But the weight of authority is the
other way. One CT the rules Of interna
tional law which seems to be now fully
agreed upon is that neutral nation shall
rot give aid to ore of the belligerents
in the carrying on OF the war. Carrying
on commerce sXith the belligerent nation
in the manner usual before the war is
likewise agreed not to be in itself giving
such aid. But in international
law as in municipal. cases must be de-
cided for which no exact precedence can
be found. 1t is impossible to do nothing"
Authorities Quoted.
Mr Knox quotes number of eminent
authorities on international law. and cites
the case where, on the complaint of the
German Government. large number OF
guns were sold in the open market at New
York to agents of France. President Grant
put a stop 10 the sales. notwithstanding
the purely commercial designs with which
the sales were being made. the assistance
to France in her warfare overwhelming
the commercial elements Of the business.
Mr.. Knox quotes Count Solopis, one of
the arbitrators under the treaty of wash
ington. which prohibited the use OF neu-
tral ports for maintaining a renewal or
augmentation of military supplies. to the
effect that lit is not a violation OF the
laws of nations to furnish arms to the
belligerents." Other authorities are quot
ed TO the same effect.
Mr. Knox Concludes.
In concluding his opinion the Attorney
General says:
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 foot
ing as aid given to a fleet SO engaged,
the neutral in furthering the military op-
erations of the belligerent. 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 operations
Of the belligerent. the one way as the
other, by proceedings carried upon the
neutral territory.
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 one respect is COM
Tnercial in character, is yet not entitled
TO enjoy the rights belonging to COM
merce. but is prohibited to the neutral
nation and its 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 enumcr-
ate 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 has been re-
quested. number of allegations and
some testimony have been sent me, and
they are sufficient 10 challenge attention.
But the first thing TO be done is to as
certain whether the allegations are true
have endeayored. as well as / could in
advance, to indicate the law to be applied
10 them, AID shall only add that among
the points by which TO be guided are the
systematic character of the transactions.
their greater or less extensiveness, their
persistency in time, or the reverse, their
governmental character or the absence OF
II, their objects and results, and the princi-
pally, of course. their relations If any
with the prosecution of the military oper-
ations in South Africa"
General Brooke May Investigate.
Gen. John R. Brooke will probably be
sent to New Orleans to make the inyes
tigation. General Brooke commands the
Department of the East, and ChaImette is
included in his territory He is now in
Washington, having come from New York
for talk with the Secretary of War.
One of the Purposes of his visit here
was to consult with Secretary Root in re-
gard TO the proposed camp at Chicka-
mauga- IT is the intention of the War De-
partment to send the Seventh Cavalry 10
Chickamauga Park for encampment when
ii returns TO the United States from Cuba,
AS result of .he War Departments con-
clusion IL has been decided to send Gem
eral Brooke to Chickamauga to arrange
for camp for his regiment and select
for II a suitable site.
General Brooke will leave for the South !
this morning. and will spend several days
at Chickamauga
In view Of the recent developments in !
the matter of the British camp charges |
it is quite probable that General Brooke |
will be instructed later to proceed to New
Orleans for the purpose of examining the
alleged British camp.
Some War Department officials are OF
the opinion that General Brooke will need |
no specific Instructions to do this, owing
to the fact that his military department |
includes the territory said TO be invaded. /
IL is not likely, however. that he viii |
take any steps in the direction of an in !
yestigation without first consulting the /
Secretary of War
On the other hand. should an examina-