The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-21
PROTEST RUSSIA Needed.
SECRETARY HAYS VIGOROUS
NOTE ON CONTRABAND.

Refusal to Accept Russian Ruling, Which
was Menace to Legitimate Ameri-
can Commerce - Firm stand Taken
for the Rights Of Neutral Nation.
WASHINGTON, Sept. 2o.-Russia's recog-
milton OF the United States position on the
distinction between absolute and con-
dtional contraband OF war followed a
vigorous protest which Secretary Hay,
on Aug. so, made against the Russian de-
cision in the case Of the cargo OF the seized
steamer Arabia. The protest was sent to
Ambassador Mccormick at st. Petersburg,
who communicated it to Count Lams-
dorf, the Russian Minister OF Foreign
Affairs.
The protest was an emphatic and I'M
qualified condemnation Of Russia's at
titude, accompanied by an expression OF
regret and concern for the position she had
taken.
The yladivostok prize courts ruling in
the Arabia case was communicated by
Count Lamsdorff to Ambassador Motor
mick on July 81. With it was Count Lams-
dorf's answer to the request Of the United
States for the release Of the non-contraband
part OF the Arabia's cargo. This answer
was to the effect that the question could
only be decided through judicial channels
on the basis Of the prize courts decision.
Secretary Hay, after remarking that
the confscation appears to have been
founded on the mere fact that the goods
were consigned to commercial houses In
Japanese ports. said that in view OF its
we'll known attitude 1t was hardly neces-
eary to say that the Government Of the
United States was unable to admit the
validity of judgment which appeared
10 have been rendered., in disregard Of the
settled law Of nations respecting contra
band.
Mr. Hay recited the clauses Of the Rus
sian order Of Feb 20, denouncing telegraph,
telephone and railway materials, rice, pro-
visions, &C., as contraband, and remarked
upon the ambiguity of the language OF the
order, especially as to whether the word
enemy In the order meant the Govern
ment and forces or the ports and territory
Of Japan The very obscmity Of the terms
used seemed to contain destructive mem
ace to legitimate American commerce.
In the circular Of the United States OF
June 10 the State Department interpreted
the word enemy In a mitigated sense IN
accordan ee-- with. the enlightened human
prinAip1ss Of International law. namely,
meaning the Government and forces. II
Z benign Interpretation was placed on the
language used 1t was because such an In
terptetation was doe to the Russian Govern
men, between whom and the United States
q most valued and unbroken friendship
had always existed, and II was no less due
to the commerce OF the latter, inasnuch
as broad Interpretation would have i'm
Piled q total inhibition Of legitimate COM
meroe between Japan and the United States.
In which IL would be impossible for the lat
ter to acquiesce.
Whatever doubt could have existed In
regard to the meaning Of the imperial order
was apparently removed by Count Lams-
DORIS note, stating tersely and simply
the sentence Of the prize court. It was
impossible for the United States to accept
this as indicating either q principle Of law
or policy which belligerent State may
lawfully enforce or pursue toward the
United States as a neutral.
Further reviewing Russia's action In de-
plaring contraband telegraphic, telephone
and railway materials, Secretary Hay
declared that the United States could not
ooncede that they could be coniscated
merely because they were consigned to
the open ports OF belligerent. He pro-
oeeded to insist that when war exists be-
tween powerful States IL is vital to the
legitimate commerce Of neutrals that there
be no relaxation Of the rule determining
what 10 oontraband, and pointed out that
Articles OF ordinarily innocent, but capable
Of warlike, use are not liable to oonflscation
unless it is proved that they arc destined
for the forces Of belligerent.
This substantive principle of the law Of
nations cannot be overridden by q tech
hioal rule OF prize court that the owners
Of oargomust prove that It will not eventu-
ally como to the hands Of an enemy's
forces. Such proof Is impossible. and the
absence OF It cannot Justify a seizure. II
10 were otherwise, all neutral commerce with
the people Of a belligerent State would
be impossible. The innocent would suffer
iu0VltdD1o COuuClulhhhOh WlIu LILO Suhtys
The established principle Of discriminate
ing between contraband and non-oontra-
bood must either be inhexibly adhered to
or abandoned by all nations. There IL and
can be no middle ground
Continuing. Secretary Hay said: IF the
principle declared by the Vladivostol prize
court, which has not, 90 far been dlsavowed
or explained by his Imperial Majesty's
Government, il 'aoquiesoed in II will mean,
II carried to full execution, tho complete
destruction Of all neutral commerce with
the non-oombatant population Of Japan.
1t would obviate the necessity for blockades.
1t would render meaningless the principle
OF the declaration of Paris, set forth In the
imperial order Of Feb. 20, that blockade
in order TO be obligatory must be effective.
1t would obliterate all distinction between
commerce in contraband and non-contra-
band goods. and Is In effect a declaration OF
war against commerce Of every description
between the people Of a neutral and those
OF belllgerent State
Mr.. Hay concluded by directing Mr..
Mccormick to express to Count Lams-
dOrT tho daap raorat md 1rava oonoar,,