Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-12-24

band. If it is proved that contra
band cargo has an unltriOr and hos
| tile destination different from that
of the ship, the destination Of The
| ship should not protect it. 1t is
also held that ship carrying contra
band should be liable to seizure at
any moment throughout the whole
course Of her voyage SO long as she
is en- the high seas or in bellegerent
waters and her liability to seizure
should not be affected by the fact
that she intended to touch at some
neutral port before reaching her des-
tination. When contraband has
been discharged, however, liability
to seizure should be at an end.
The right to search a merchant
ship when under convoy Of a neu-
trail warship impressed in the Brit
ish statement. II is held that a
neutral ship should not be entitled
TO resist search by bellegerent war;
ship on the ground that she is un-
der convoy of warship Of her own
nationality. FOrcible resistance by
her or by the neutral warship should
be ground for condemnation of both
ship and cargo.
AS regard to blockade, the British,
as opposed to continental view, holds
that the blockading force may be
disposed or held at any distance from
the ports OF the enemy that the ma
val commanders think it necessary,
provided 1t is not so placed as to
prevent access to a neutral seaport.
On the question of the right to
seize neutral ship carrying cargo
to a neutral port. which cargo is in
tended ultimately for the enemy, the
British brief says:
Great Britain never has raise
any objection to the condemnation
of British goods seized while on the
way to neutral port where it has
been proved that the goods were to
be trans-shipped at the neutral port
to the enemy's territory"
Great Britain strongly holds to
her contention raised during the
Russo-Japanese war, that it is due
bellegerent captor to bring in for
adjudication by prize court any
merchant vessel which has been
seized. Where this is impossible.
the captured ship, if she is an
enemy's ship, may be DESTROYED after
the removal OF the crew and papers.
nut ii her nationality is neutral. or
II there be any doubt as to her ma
tionality she should be dismissed. for
her destruction cannot be justified
as between neutral owner and captor
by any necessity on the mart of the
bellgerent."
The conversion of merchant ves-
sells on the high seas, is a question
to be decided, Great Britain thinks,
by reference to the rights of neutrals
ut is essential" the statement goes
on, that there should be no posi-
bility OF the. the ships entitled to
exercise the rights of search. 1t
should be strictly limited to ships
known to be public ships of the bel
legerent fighting heet."
Japan differs from Great Britain
on only one question. This is in re-
spect to the right to search a neutral
ship under convoy of warship of
her own nationality. On this Japan
holds:
"A neutral vessel under convoy Of
a vessel of war Of her own nation
atty Is exempt, except in cases of
grave suspicion, from a belligerent
visit or search If the commander of
the convoy makes a statement in
writing that the vessel under convoy
has no contraband on board, is not
engaged in an attempt to violate a
blockade. is not performing neutral
service for the other bellegerent
and the ships papers in order and
complete.