The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-06-08
WAR NEUTRALITY.


| 1t is recognized principle of interna
tional law that armed ships of belli
gerent are to he admitted into the ter
ritorial waters of neutral for refuge
whether from chase or from the peril'
of the sea, SAYS the Z. |, But, as stat
ed by Attorney General Gushing, in the
seventh volume of the Opinions of the
Attorney General, page ls2, 1T is y
question of mere temporary asylum
accorded in obediance to the dictates OF
humanity and to be regulated by speci,
fie eNigency, The right of asylum is
nevertheless, presumed where it has not
been previously denied"
The custom has been, in modern times
to limit the stay of belligerent vessels
in neutral port to twenty four hours,
save where she is in urgent need of re-.
pairs. This is when the belligerent is
merely seeking temporary asylum. pro,
posing to resume her voyage and partici.
pate further in the war then on. Dur,
ing the civil war the United States in.
sisted strongly on the twenty four
hour limitation. There is a distinction
which has not been clearly marked by
the writers on international law. be.
tween extending an asylum to belligrr
ent vessels in obedience TO the dictates
of humanity, and permitting Il belliger.
ent to make such Use of a neutral port
as amounts to the use of neutral terri.
tory as base of military operation,
against the other belligerent
Thus, while the Russian vessels have
the right of asylum in our territorial
waters of Manila, it would come dan.
gerously near the line of rendering ac-
tive assistance to Russia to permit those
vessels to make such repairs as would
enable them to put to sea again in con.
dition to wage war either on Japanese
vessels or on japanese commerce. The
rule which should apply to warships
should be identically the same which ap-
plies to beaten army or fugitives there
from who cross the border into neutral
territory to avoid pursuit from the other
belligerent. In such cases the laws OF
nations requires the fugitives to lay
down their arms and take no further
part in the war then on.
If the Russian vessels desire to STAY
in the port of Manila for a greater
length of time than the twenty. four
hours established by custom as the
limit of stay of a belligerent vessel
hey should be interned. 1t is the duty |
'f the United States to protect them.
put to see that they do no take any fur,
her part in the present war The propes
attitude to be adopted by the United
States toward belligerents and their
was laid down by Mr.. Clay,
when secretary of state in a letter to Mr.
Oregon. dated May l, 1928, in which
le says:
The government Of the United States
las been sincerely disposed to perform
oward both belligerents all OF the offices
I hospitality enjoined by humanity and
he public law and consistent with their
for both; but it can ont
ermit, neither under allegations of dis.
ress, either real or feigned, to perform
cts incompatible with strict and i'm.
artial neutrality"
This might have been written with
pecial reference TO the situation now
resented at Manila. Humanity and
Iws of nations both require that an
sy-lum be extended to the disabled
ussian cruisers and to their wounded
strict regard for the neutrality re.
uires that the Russian vessels be in.
srned and permitted to take no fur
ler part in the war, unless their com.
Ianders elect to leave our protection
ithin twenty-four hours.