New-York tribune., 1908-12-27

MARITIME SAFEGUARDS
International NGual Conference =
Traditions and Progress.
London. December 70.

London, December -.
Tha interests of commerce require adaptation
to modern situations and the sacrifice OF ooso-
lete traditions. The international naval CONFER
ence, which has been making general survey
of the conditions of maritime practice In time
of war has gone far enough to leave no DOUBT
that the successful operation of a court OF ap-
peal at The Hague involves concessions on the
part OF every important government Each
maritime nation has its own definition OF con-
traband and its own rules of blockade. and be-
fore there can be any agreement upon r1gnts oA
beIligerents and neutrals and liabilities TO
seizure and conffscation antfquated precedents
must be brushed aside and practice be mod
erntzed with practical intelligence. Otnerwise
the aspirations of tine Hague congress for uni
forrnity Of prize legislation will be DISAPPOINTED
American practice for example, was regulated
under stress OF necessity during the Civil war;
when an immense seaboard could not be r1gor-
o,sly blockaded and when the English principle
of the continuous voyage was applied In dras-
tic way. Blockade running was conducted un-
der neutral flags. and transshipment at neu-
trail port of goods, whether contraband or not
was not considered interruption Of the Voy-
age Even when there was land transport, as
when goods shipped from a neutral port were
carried across Mexico to the Texas frontier
breach of blockade was claimed In the Ber-
muda, Springbok and other prize cases the
United States Supreme Court declared that
while goods, contraband or not could not be
captured If really destined for Nassau or any
other neutral port, they must be condemned II
destined for any port under blockade In other
countries the doctrine OF the continuous voyage
has not been carried so far Blockade running
has been regarded as the attempt to cornmun-
cate with prohibited port. cargo bound for
jo pof tainted
fact that II may be subsequently transshipped
and carried into the prohibited area
These American precedents were established
when a life and death struggle for the preser-
walton of the Union was In progress Broao
construction was the rule OF the federal courts
and ANYTHING that was necessary to make the
blockade Of Southern ports effective was done
The suppression Of rebellion was the supreme
national interest. and the earlier traditions Of
the sanctity OF neutral trade were ooscured- In
the course Of tins there has been a shifting of
interest from the precedents Of the Civil war
blockade toward increased security for neutral
trade Americans have ceased to dread the out
break of rebellion within their own eorders.
They have an immense commerce, and the pro-
lection Of it in time Of war is of paramount I'M
portance Their interests will not be sacTinced
If the rules of the Springbok and other cases
are relaxed in response 70 the opinion Of mari
time countries. AS neutral traders, who do
not want to have their commerce interrupted in
time of war, they have nothing to lose and
much TO gain from the modification OF prece
dents for blockade and continuous voyage, which
were necessary forty years ago but have ceased
to be useful.
Similar Illustrations might be offered from the
traditions and practice Of other maritime
nations Under French law there Is a narrow
area Of capture and liability to II until ship
attempts to run blockade. Under English pro-
cedure there is a wide area and the liability OF
seizure begins as soon as the ship leaves port
The German and Russian definitions OF contra
band are as far apart che italian and Japan
ese laws OF blockade. There viii have to be
compromises on these and many other points be-
fore there can be an approach to concurrent ac-
,fo7 at the international naval conference by
which the prize court authorized by the Hague
congress can be established a permanent
neace tribunal. Points Of law and procedure
which have been followed for decades with hair
splitting argument win have to be sacrificed
and the traditions revised to be In con
formity with the modern conditions OF neutral
commerce.
There viii be resistance from naval n1artinets
who are not convinced that the world has moved
since the days Of Mr.. Midshipman Easy, and
there will be the inertia of conservatism at the
ceive instructions. With moral support behind
It the international naval conference can do
must useful work III providing the prize court
of appeal with a code Of law IN which the most
diverse principles of practice are reconciled. If
there can be an agreement respecting defni-
ton OF contraband, the conversion Of merchant
ships into fighting craft the zone and manner OF
operations in blockade, the continuous voyage
and other disputed points, 1t will be most i'm
portant agency of reform The main point TO be
considered In America and other progressive
countries is the security of neutral commerce
and reduction of risks taken by merchants and
insurance companies. These risks IN the event
of naval war are now at the maximum. because
neither shippers nor insurers know what IS con-
traband nor what the conditions Of block
ade and transshipment, where neutral ship
is liable to capture. II these and similar points
can be settled and a court of appeal opened at
The Hague there will be less uncertainty, and
merchants and insurers viii know where they
stand. Anticipated traditions are OF slight con-
sequence in comparison with the security of
neutral commerce under guarantees OF interna-
tional law. l. n. F.
REBELS REPEL TROOPS.