The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-08-13

hPVtt 40 DHtaoNo~NUA
The Coming Peace Congress and Our
Commercial and Naval Interests.
It is obvious that this country, like
every other s~ignatory Of the Hague
convention, is deeply concerned in the
SCOPE of the agreement that may be
reached by the coming peace congress
concerning the submission OF disputes
to arbitration. There are other mat
tiers, however, certain to be brought up
fordebate In which likewise we are much
interested, namely, the proposed changes
in the provisions Of international law
which relate to maritime warfare, in
| GLIDING the definitions not only OF the
| rights and duties Of neutrais but also OF
the rights Of belligersnts at sea. Several
| incidents in the recent war between Russia
and Japan have shown that the law needs
reimbursement with reference to those
points, and 1t might be well for u Fed
eral Government to consider beforehand
whether 1t e to adhere to the posi-
ton which it took with regard to one
| of them at the preceding congress. The
course which Great Britain shall pursue
has already become a subject Of earnest
discussion. Since the close approach
to disappearance Of u merchant navy
/ from the ocean the status Of neutral
ships has become Q matter Of much less
consequence to us than it used to be, but
the status OF neutral cargoes is still for US
a question OF very great Importance, and
it remains open to argument whether, as
a conceivable belligorent, this country
ought to renounoe the right Of seizing
the private property Of an enemy's sub
jects at sea. .
1t is probable enough that the next
peace congress will reach al agreement
respecting the laying Of mines and the
bombardment Of unforti6ed ports, towns
and villages by naval forces. 1t ought
also to be possible to bring about a
consensus defining the conditions under
which the sea borne trade OF q neutral
should be immune in time OF war. What
stands in the way of such a consensus is
the practice OF excepting c~ontraband OF
war from the commodities that may be
covered by a neutral flag. 1t Ia pretty
clear that our interests would dispose us
to do away with the exception and to
concede immunity to goods of all kinds
carried under a neutral flag, though, OF
course, the right of visit would have
to be maintained in order to establish
a ships nationality. II such complete
immunity were granted to a neutral flag
by international law, the conveyance OF
~contraband Of war to an ensmy's ports
could be prevented only by the strict
maintenance Of q blockade. The right
OF blockade should. Of course, be pro.
served intact, the proposed immunity fos
q neutral fleg being restricted to vessels
encountered on the high seas. II 30 val
liable o concession as the establishment
OF the principle that a neutral's flag
shall DOVER not only o belligerent's prop
erty but even %contraband of war should
be made to the advocates of the extern
sion OF neutral rights, 1t is certain thai
the congress would be justified in exact.
ing in return q rigorous formulation OF
neutrai's duties. That those duties neec
to be restated with authority Ia plain Il
any one who marked the different con
ceptions Of them exemplifed in the con
duct OF France, Germany, China and thu
United States toward Russia during thu
war that ended with the Peace OF Ports
mouth. The opportunities Of recoaling
reviotualling and repairing given b.
France in Madagascar and 1ndo-Chines'
waters to the Russian feet under Ro
yEsryHNsKY bore witness to a very la:
Interpretation Of a neutrel's dutie
toward Japan.
We come to the question on which tn
next peace congress is almost certai
to be divided-the question, namel,
whether the private property Of bellig
erents at sea shall. though found unde
the belligerent's flag, be immune fror
seizure, contraband Of wal alone e1
|, eepted. There is no doubt about on
former attitude touching the matte
: 1t was defined in a letter signed by a
our representatives at The Hague o
, June 20, 1890, and was set forth more q
length about a fortnight later in an ad
: dress by Mr.. WHITE. The peace cor
. gress was requested to adopt the prime
Die embodied in the twelfth article Of tn
!, treaty OF 1871 between the United State
and Italy. The parties to that treat
agreed that In the unfortunate ever
A of a war between them the priva,
Q property Of their respective citizens an
subjects, with the exception of contr'
r band Of war, should be exempt frol
: seizure or capture on the high seas {
8 elsewhere by the armed vessels or h
the military forces OF either party.
= being. however, understood that Il
exemption should not extend to vesse
and their careoes which might atteml