New-York tribune., 1902-04-06
NEUTRALITY IN BOER WAR
THE LAW DEFINED BY ATTORNEY GEN
ERAL KNOX.
SECRETARY HAY DIRECTS AN INvEsTIGA-
TON INTO ACTS COMPLAINED OF
BY THE GOVERNOR OF
LOUISIANA.

BY THE tIONERNoh Or
LOUISIANA
washington. April 5-The State Department
.o-aaz made public the correspondence that has
..1,an -,1ace between the United States Govern
mont and Governor Heard Of Louisiana re-
snecting the Governors statement regarding
the shipment Of live stock and supplies for the
british army in South Africa from Chalmctte'
"a There are three principal letters and a
,,,r,ter Of appendices. The principal letters are
one from the Governor Of Louisiana, dated
March % regarding conditions a chal-
-,e-te. a reply from Secretary Hay. dated April
4 announcing that he had ordered an investtga-
+ton which VIII lie made by an army officer.
ard a long opinion from the Attorney General
On the legal points involved in the Chalmette
shipments
GOVERNOR HEARD'S COMPLAINT.
Governor Heard's letter has already been out
lined in the press dispatches He began with
statement that he had received from the Mayor
Of New-orleans copy Of letter from secre-
tarv Hay calling his attention to a threat Of
Samuel Pearson. the Boer representative in this
country TO commit a breach Of the peace in
Navv-Orleans" and referring that letter to the
Navor for consideration. Mr.. Pearson's letter
WAS dated New-Orleans. February l. and ad-
dressed to the President. calling attention 10
the condition Of affairs at New-Orleans and
Chalmette. The Mayor transmitted this corre-
spondence to the Governor the grouni that
the acts complained Of were committed in the
parish Of ST Bernard. out Of the jurisdiction of
the city authorities. The Governor imme iiately
wrote TO Sheriff Nunez. of that parish The
sheriffs reply. which is made a part Of the
Governors letter, is dated St Bernard. La,
February IS He reported that mules and
he
British Government either directly or indirectly,
but the loading was done by longshoremen of
the city Of New-Orleans, supervised by English
men, who might or might not be officers Of the
British army. Certainly, there one there
In uniform. In conclusion the sheriff says:
There is no such thing as a British post with
men and soldiers established at Port Chalmette-
So far as the recruiting of men is concerned, L
am sure can certify that ii Is not being done
in the parish Of St Bernard. As l understand,
the only men taken on the ships are the
r1gleteers who are employed in the city OF New
Orleans. I have always endeavored TO enforce
obedience TO the laws Of this State well as
TO the laws OF the United States. and, therefore,
should you inform that said shipments are
contrary TO the law, I will certainly prevent any
further violation Of said law
Governor Heard says IT is conceded by the
British officers themselves that the animals
were for the British army in South Africa He
continues:
The burghers Of South Africa making
fight for their homes and their liberties. which
cannot but appeal, at least, TO the sense Of fair
play OF the American people. As the Executive
Of the commonwealth Of Louisiana, whose peo-
pie have always been ardent lovers Of these
boons, cannot but feel that the establishment
and maintenance Of base Of war supplies for
the British army upon her soil place upon me
grave responsibility. These mules and horses
shipped from Port Chalnlette, 1t is claimed, are
Indispensable to the operations of the British
army. Hence they must be considered as con-
traband Of war, Of greater value than arms or
soldiers, that England easily furnish
from within her borders.
CALLS ON GOVERNMENT TO ACT.
TIE Governor says IT is his opinion that It is
tie function Of the national government, and
not of the State, TO enforce obedience to the
neutrality laws: yet II such duty belongs to the
State where the violation occurs, he would not
hesitate TO act as the law may warrant, and
calls OF the Secretary Of State for his views
IN a postscript 10 his letter the Governor re-
ports the arrival in New-Orleans Of General Sir
Richard Campbell Stewart. Of the British army,
On q tour Of inspection Of the transport service
the ueighborhood of 1Sew-Orleans- He also
incloses q number Of newspaper clippings and
statements from individuals to the opera
ti9ns Of the British renount service, q tran
script Of the proceedings in court, and asnumoer
OF letters from individuals protesting against
the continuation Of the animal shipments The
OF one Tourres, setting forth his engagement for
service on the transport Milwaukee. signing ar
ticles before the British Eice-Consul, being as
signed to duty by Lieutenant Thompson, OF the
Yeonanry OF the British army, and going under
his orders 10 Cape Town, thence to Durham,
where horses were delivered TO British officers in
Uniform and where the men were not allowed 10
go ashore unless we would agree TO sign with
the recruiting officer and join the British army.
He also alleged that the MlIw aukee was com
manded by army officers.
AN INVESTIGATION DIRECTED.
Secretary Hays letter to the Governor says:
have received your letter of March % and
submitted il to the President, who directs TO
inform you that he has requested an opinion
from the Attorney General in regard 70 the
points Of law involved in the matter TO which II
refers and has also ordered an immediate IN
vestigat;on of the facts in the case
ATTORNEY GENERAL KNOXS OPINION.
The Attorney Generals opinion is dated April
4 He says:
II seems necessary TO say nothing as to the
duties and powers of the State Of Louisiana
cept that they involve. Of course, the exercise
OF the usual civil means OF preserving the peace
In the improbable event of its breach in the
manner supposed TO be suggested by Pearson
cannot believe that the latter conternplates
taking the law into his own hands, in defiance
OF the State ana federal governments, nor does
he threaten 10 act without the Presidents per
mission, which, ii is needless TO say, he will not
receive Nor can ! believe that he expects any
such permission. His object is doubtless to bring
fcrcibly TO the attention Of the government that
he considers the proceedings of the British
equivalent TO carrying war; upon our terri
tory
The Attorney General says that the princi
ral question, and a delicate one, is whether
there has been departure from neutrality On
the part Of our government in this matter, and.
notwithstanding the urgency of Pearson and