The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-04-06


as TO the duties and powers of the
state OF Louisiana, except that they
involve, of course, the exercise Of the
usual civil means of preserving the
peace, in the improbable evnts of it's
preach in the manner supposed to be
suggested by Pearson. l cannot be-
heve that the latter contemplates
taking the law into his own hands, in
denance of the state and federal gov
ernments; nor does he threaten to act
without the Presidents permission,
which, it is needless to say, he will
not receive. Nor can l believe that he
expects any such permission. His OBJ
Ject is doubtless to bring forcibly to the
attention of the government that he
considers the proceedings of the Brit
lsh equivalent to carrying on war up
on our territory"
The Attorney General says that the
principal question, and a delicate one,
is whether there has been a departure
of neutrality on the part of our gov
eminent in this matter. and notwith-
standing the urgency of Pearson and
Gov. Heard, thinks this government
should not take any action without
mature consideration by the President
and his advisors"
Merely "a Commercial Matter.
He submits some tentative sugges-
tons:
First, he says. the sale of contra
band of war supplies to a belligerent
is held by many eminent authorities
to be unlawful, and something which
neutral nation must forbid to it's cit
liens, but the weight of authority is
the other way. A rule of law now fully
agreed upon is that neutral nation
shall not give aid to one of the bellig-
erents in the carrying on of war. Car
will n n hal1 farnr ~
in the manner usual before the war is
not giving such aid. The mere in
creased demand for warlike articles
and their increased quantity in the
commerce does not make that COM
merce cease to be the same as before
the war. 1t does not seem to be set
tied that the fact that the belligerent
government is purchaser makes the
neutral governments permission of
the commerce a departure from the
obligation to give no aid to the bellig-
erents. The fact that neutral mer-
chants give aid to the belligerents from
motives of gain seeking, does not re-
lieve this government from it's obliga-
ton to prevent, otherwise it would be
lawful to supply warships with coal,
cannon and powder. The difficulty
lies in drawing the line between the
right of carrying on, and of govern
mental permission to carry on, the
commerce usual before the war end
the obligation upon the government
and citizens of the neutral govern
ment to give no aid to the belliger-
ents.''
The Attorney General adverts at
some length to the difficulty in dispos-
ing of these cases, each different from
the other, and without exact precedent,
and he falls back upon the principle
recognized in international law that
that the preponderant characteristics
must control the determination. He en-
ters into long citation of cases in the
nature of presidents and says in con-
clusion:
while the discussion of such mat
tiers have, as in the Alabama claims
cases. principally concerned war ves-
sells and expeditions 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
fleet so engaged, since both equally in
volve taking part by the neutral in
furthering the military operations of
the belligerents. Nor should the
municipal laws of England
ana the United States, or OF
Other countries, by principally deal
ing 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 neu-
trail territory.
Very Difficult to Distinguish.
From all that has been said,
think that it may be concluded that
in determining whether a transaction
of the kind referred to, which in one
respect is commercial in it's charac-
iC VET entitled fn oy1i low fba
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
practically impossible to specify and
enumerate in advance. Each case that
arises must be considered in all it's
circumstances and determined accord
ingIy.
I'm the case before you there is 10
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 allega-
tions and some testimony have been
sent me, and they are sufficient to chal-
lenge attention. But the first thing to
be done is to ascertain whether the al
legations are true. l have endeavored,
as well as l could in advance, to indi-
cate the law to be applied to them, and
shall only add that among the points
by which to be guided, are the syste-
matte character of the transactions,
their greater or less extent, their per-
sistence, in time, or the reverse, their
governmental character, or the absence
of it, their objects and results, and
principally of course, their relations, If
any, with the prosecution of the mill
tary operations in South Africa"