New-York tribune., 1904-08-08
NEUTRALITY PRACTICE.
Russian Instructions to NaUaI Com.
manders-Saez Gryd Panama Cau4l,
London .In1r sn

here. That is the drastic nature Of the Russia,
regulations officially communicated to fo-afs-
governments at the opening OF the war wftS
Japan. The text Of these regulations was prtn,-
ed in THE London Gazette" last March ava
there Is no evidence that any protest was mad
either by the British government or IN arv
foreign capital against instructions to Rusyia,
naval commanders directed against all nep+-,,
commerce. One of these regulations aflrms +bo.
| all suspicious vessels. even if they are flying .
neutral flag. are liable to detention and captnr.
and another justihes a naval commando A.
considering a merchant vessel "suspfcious- a.
/ there be any hesitation in heaving to after m.
summons has been received It has been ra-
/ ported in dispatches from St. Petersburs t,o.
the knight Commander did not heed the warn
| ing until four shots had been fired from A.
Russian cruiser. In that case the Russian nava1
officers followed instructions in seizine the s,,,
picious craft; and their instructions would bav,
authorized them to burn or sink the shin IN an,
one Of these CONTINGENCIES:
| Cd When it is impossible to preserve the caa,
ured vessel on account of her unseawortbv CO..
dition
| % When there Is danger Of the vessel bs,nv
recaptured by the enemy.
| I'D When the captured vessel IS Of verv HAN,
value and her conveyance would take too muc,
time and entail too great consumption Of coal
t4l When conveyance appears difncult in con-
sequence OF a distance or blockade Of the MORT.
TO which the vessel should be brought
| 90 When the conveyance may prevent the su.-
cess Of operations OF war in which the fnperia,
cruiser is engaged or expose her to danger
As the Vladivostok squadron was crufsiro- -
the coast Of Japan it was exposed to attack
from superior fleet. and the risks Of sending
the captured ship into Russian port were S.
rious. Under the regulations ordered bv tbs'
Russian Admiralty the destruction OF the sb,,
would have been justified since the convevanc,
or the prize TO VIadivostok would have baar
difficult and might have prevented the success.
OF the operations in which the cruisers were
| engaged The Instructions state explicitly that
the commander "incurs no responsibility what
ever, it the captured vessel is really liable n
conAscation as a prize and the exceptional cir
cumstances in which the imperial ship is placed
imperatively demand the destruction OF m,
vessel" If the cruisers were exposed to dan
ger IN their raiding operations, as they un-
doubtedly were. It was the duty Of their COM
manders. under the regulations. to burn or sink
the captured ship after taking or all the per-
sons on board, and II possible the whole or mart
or the cargo, and also all papers and articles,
which might be necessary for the elucidation OF
the case in the prize courts. They could act on
their own responsibility but would be reouirea
by their Instructions to draw up report ex-
planning the circumstances which induced them
to destroy the captured ship
The sinking OF the Knight Commander has
been described with precision by Mr. Balfour as
breach OF international law. According TO the
accepted usage Of maritime nations the neutral
hag covers all goods except contraband Of war
and the right Of search and seizure must be ex-
ercised with due care and formality. The naval
officers may find prima facie evidence OF con.
traband goods, but they are not Judges OF the
proofs and are net competent TO decide the mat
ter after glaHcing az the ships papers. The
sinking OF suspected ships is contrary to the
practice OF nations. as Mr.. BaIfour has smphatf-
cally remarked in the Commons. It Is inde-
fensiee, since il involves the destruction Of the
evidence by which alone seizure or capture can
be justified in prize court Yet ii is quite clear
that the Russian Admiralty in the regulations
has virtually ordered the commanders OF cruis-
ers 70 do precisely what has been done in the
case OF the knight Commander. and, moreover
that there was no protest from any governments
when the instructions were hled in London and
other capitals With the Japanese supremacy
in sea power established. the Russian squadron
is forced TO conduct raids upon merchant ships
with caution and celerity; and when prizes are
taken their conveyance TO Vladivcstok, the only
port open to them, is highly hazardous. ii not
impracticable The commanders follow their
Instructions. as they are bound TO do. and the
admiralty itself is responsible for breaches OF
international law which are authorized by care
lessIy drawn regulations. The martinets OF the
Russian bureaucracy hava defined oontraband
Of war so loosely as to make it impracticabs
for neutrals 10 conduct any trade with secur-
ity. they have officially dispensed with prize
courts and authorized their naval commanders
to decide whether goods are contra5and and to
destroy ships when it is inconvenient 10 send
them into port; and they have interpreted treaty
law respecting the Dardanenes 10 suit their con-
venience: but DEGREES like these do not have
the authority Of International law. and merely
indicate the audacity and ineptitude Of the i'm
periaI government
A British consular report from Port said con-
tains the regulations respecting the coaLng of
belligerent ships at the ports of the Suez CanA
during the war in the Far East These resu-
IatIons were issued by the Egyptian govern
neat Immediately after the outbreak OF hos
tiIities and were designed for the guidance OF
the port authorities. While the Suez Canal as
Mr. BaIfour has stated this week in Parliament
is under international control the Egyptian gov
ernment has determined the conditions under
which il could be used in war time; and LORD
Cromer is the power behind the throne in Cairo
BY these regulations every beIligerent warship
is required TO pass through the canal in tha
shortest time possible. without stopping except
in case of necessity or by order OF the canal an-
thorIties. Coal may be supplied in sufficient
quantity TO enable the vessel to reach the near
est accessible port whence the voyage may Do
continued but the permit cannot be granted IN
Til the commander has signed a written declara-
ton stating the destination Of the warshiP ana
the amount already in the bunkers. No bei-