The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-22
MR.. TAYLOR READSPA
HE APPEARS BEFORE THE SCHOOL
FOR LIBRARIANS.
A Discussion of "The Rights and Du-
ties of Neutral States in Time
of War"

AT the school for Librarians in the State
house yesterday Attorney General Taylor
read a paper on The Rights and Duties
of Neutral States in Time of War" He
said librarians in the discharge of their
duties properly needed some knowledge of
law. He defined international law, giving
its sources, defining high seas, the laws
OF expatriation and giving the practices al
lowed in war. Mr. Taylor said in part:
"A neutral state is bound TO do nothing
which will aid either belligerent TO the
detriment of the other. 1t cannot
state furnish arms, equipment or aid or
comfort to either belligerent, nor can Il
permit ships to be fitted out in its harbors
intended TO aid either of the belligerent
parties. But while this is true of a cOun-
try a whole, ii is not the rule which
governs individual action. There is a wide
misrepresentation as TO this rule The in
dividual members of a country can sell at
will to either Of the belligerent forces. They
can sell arms. ammunition, provisions and
equipment.
This rule was first laid down in this
country by Thomas Jefferson when secre-
tary of state in 1898 at the beginning of the
war between France and all Europe. he
then proclaimed the doctrine that citizens
of this Republic had the right to make.
lend and export arms 10 either OF the con-
tending powers This was followed by
Mexico, and il has been upheld by the
united line of decisions of the Supreme
Court of the United States.
There is another rule, likewise well
tablished, that a neutral nation, while it
cannot loan money to one of the belliger
ents. yet the individual citizens or corpora
tiors of such neutral country can loan
money and give credit to either of the con-
tending countries
LAS to enlistment of soldiers the same
rule prevails A neutral country cannot
permit a foreign officer to enlist soldiers
within it's territory, but the individual cit-
zen of such neutral territory can enlist in
the army OF either OF the belligerent pow
ers, and are governed in such army by ex-
actly the same rules as are the other sol
oiers in such army
MAY SELL ARMS.
THUS it is that individual citizens of
America may sell arms, ammunition, pro-
visions an6 horses to either England or the
Beers and no legal objection can be made
by either country TO such sale This rule.
however. cannot be extended further than
stated and sharp distinction must be
drawn between the right Of the individual
to sell at will TO belligerent powers and
the right of either Of such powers to es
tablish what is called base of operations
In neutral territory. Neither OF the con-
tending powers can under the law establish
a base of operations in neutral territory.
A base of operations is a legal term.
Neither a British officer nor a Boer officer
could establish headquarters in this coun-
try for purchasing arms, provisions or
equipment or as a rendezvous for enlist
ments Such headquarters would be base
of operations and would come within the
inhibition of the law. All such arms, am
munitiOn provisions, equipment and horses
sold 10 a bellgerent power are necessarily
contrabands of war and subject to seizure,
but the right to sell the same by individuals
is now no longer questioned. There are
rules which govern the sea as well as the
! land. The term high seas is technical.
1t has come TO be defined TO be those waters
which are outside of a marine league, or
three miles; from low-water mark.
THE decks of ships on the high seas are
/ still the territory Cf the country whose nag
| is at the mast. This rule follows war ships
into neutral ports; not so with merchant
| men. Merchantmen in neutral ports are
| governed by the laws OF the ports. war
/ ships of belligerent powers are allowed TO
/ enter neutral ports only Tor the purpose OF
| necessary repairs and TO obtain suftcient
| provisions to take them TO the nearest home
/ ports This time, by the increased speed OF
/ vessels, has been reduced by common con-
/ sent of all nations TO twentyfour hours. II
/ was this rule which Spain invoked against
China, and which compelled Dewey 10 leave
! the Chinese port: and II was the enforce
/ ment of this rule which drew down upon
/ Spain the capture of Manila. 1t is whole
some rule or ii would not be adopted by
/ all the nations of the world. What may
| be termed international law is really moth
! ing but rules, customs, usages, treaty pro-
visions and texts Of law writer's, which
| have been accepted by unanimous consent
| of the countries governed by such rules II
| is a rule of the seas that a neutral flag not
! only covers neutral goods, but also covers
/ enemies goods, except contrabands OF war
/ The purpose of these rules is 10 lessen the
rigors of the ancient rules, which drew
/ their inspiration from pirates. Commerce
| must be carried on in time of war as well
/ as in time of peace, and II is to protect the
| commerce not only of neutrals, but of bel
| ligerents, that the notifying influences OF
| modern times has lessened the rigors of the
| old International code.
FIXED RULES.
| There are fixed rules which govern bel
! ligerents as well as neutrals. 1t has come
to be the accepted law of all civilized cour-
tries that prisoners are to be cared for:
that no chain shots are to be fired. poi
soned arrows TO be shot or poisoning of
waters to be allowed, or assassination or
wanton destruction of property permitted.
Deceit and strategy are. allowable: not.
| however, 10 the extent of carrying flag
/ of truce for that purpose. FunstOns cap
! ture of Aguinaldo was strictly within the
| rules of international law. The sending of
| spies is entirely permissible; of course, if
! the spy is caught he can be shot. a soldier
| in uniform in an enemy : country Is n spy,
/ but cannot be shot Germany IN the
/ FrancO-P rusian war, insisted that OCCu-
| pants of ballOns were spies. and were sub
| iect to be shot. This is not the accepted
rule to-day, nor was the rule then accepted
by any other nation. except Germany.
Mr. TAYLOR then proceeded TO give an ac-
count of constitutional. statutory and COM
! mon law. beginning with the unWrltten con-
/ stitutional law of England, the written con-
/ stitutional law Of the United States. France
and Switzerland. and touching upon the
! constitutions of the States and praising the
/ Constitution OF Indiana. The attorney gen
| eral traced the development Of law from
! that OF ancient Athens, adopted with two
| additions by the Romans, carried by them
/ into England. where IL was modified by the
! Saxons and Normans and thus became the
/ basis of the laws of the United States. Mr..
| Taylor illustrated his lecture with eX-
! amples