New-York tribune., 1909-02-15
CONFERENCE
Il Nezo international Code for The
Hague Prize Court
London. February 8.


jettisoned in order to tighten the ship Each
Of the ten nations represented in this naval
council had to abandon antiquated traditions,
which were OF practical value. This has
been done and agreement is in sight which
will facilitate the establishment Of a prize
court OF appeal at The Hague. with definite
code of international law behind 1t. A good
many minor details 10 be arranged. and
Germany has insisted that there must be. unant-
nous approval OF the entire convention; but the
crisis has passed. there is general acceptance of
the compromise scheme and the conference is
approaching it's end with a consciousness OF
having rendered important service to civfliza-
ton The delegates have been presented TO the
King the final complimentary dinners have been
arranged. and the convention. unless unfore-
seen dificuties arise, will receive the finishing
touches in the course Of few weeks.
The principal advantage gained from these de-
lberations and compromises will be the crea-
ton Of definite code OF maritime law respect
ing contraband. blockade continuous voyages
and belligerent and neutral rights. Whenever
there is naval war. shippers and merchants in
neutral countries will know what they can do,
and will not be forced to insure cargoes against
extra hazardous risks. Under existing law each
maritime nation has been a law unto itself, and
has regulated it's prize courts definitions
OF contraband and blockade practice. With an
agreement among
tions respecting a code for the court of appeal
at The Hague. there will be a concentration Of
opinion and practice upon a common law. If
the convention. as now seems likely. represents
the unanimous action Of America, Great Britain.
Japan. Germany. France. Austria Hungary.
Russia, Italy Spain and The Netherlands, the
minor maritime powers can hardly fail 10 De
Influenced, ard ultimately there win be uniform
practice throughout the world. The appellate
court at The Hague will nave a higher moral
authority than national courts admiralty tri-
bunals. The law. which it will be called upon
to administer, will be a progressive reformed
code adapted TO the requirements of modern
warfare and to the interests Of neutral trade
No nation will want to decline to refer its mari
time practice 10 superior tribunal for arol-
tration. Every country will seek to adapt lts
own prize courts and naval orders to the re-
formed procedure sanctioned by the maritime
powers
When every nation has had its own definition
OF contraband and It's own precedents for deter
mining seizure Of ship or cargo. naval warfare
has been standing menace to neutral COM
merce The naval conference is dealing de-
cisively, II not as comprehensively as is de-
sirable with this highly controversial question
II has adopted the list OF absolute contraband
formulated at the last Peace Congress at The
Hague This is restricted 10 naval and military
stores Of unnstakable character. To this the
conference is adding list of conditional contra
band including foodstuffs. coal and other mer-
chantise which is ordinarily exempt from seiz-
ure but may taint a ship If destined for military
or naval use by sarrisons or fleets The con-
ference is also compiling free list of merchan-
disc immune against capture and condemnation
In any circumstances The free list is not so
complete as It ought to be. and the catalogues OF
absolute and conditional contraband are open 10
criticism, but the three schedules are at least
definite, intelligible and practical In time OF
war merchants will know what is liable to seiz-
ure and what they at liberty 70 ship under
international usage which the court of appeals
at The Hague will be under moral obligation TO
recognize II there were other results. these
regulations respecting contraband would JUSTIFY
the deliberations Of the naval conference.
There is however an important gain for neu-
trail commerce in the Limitation OF the principle
OF continuous voyage irrespective of trans
shipment This was the oldtine British practice
of seizure anywhere on the high seas II the
goods we're destined for the enemys ports, and
during the American Civil War the principle was
carried 20 an extreme point in the enforcement
OF blockade of Southern ports, cargoes being
seized on the way to Nassau and other neutral
ports and even in Mexico. while in land transit
The conference nearly went to pieces over this
vexatious question, but a compromise has been
timely
American. Japanese and British governments in
the interest Of neutral commerce The principle
OF continuous voyage has been restricted in
oneration 70 absolute contraband. Military and
naval stores destined for the enemy will taint a
ship wherever IL may be or for whatsoever neu-
trail port IL may be heading. Otherwise there
can be no interference with a voyage of neu-
trail ship TO a neutral port. For example. If
Germany and England were at war, coal. food
,f-N,I I-,lNI- In
tended for the use of a belligerents army or
navy could be shipped TO Rotterdam or Cher
bourx and be exempt from seizure, although de-
signed for transshipment across the Rhine or
over the Channel Operations which were con-
Quoted by American cruisers during the Civil
War cannot be respected under the new interna-
tionaI agreement. Cargoes. unless tainted by
absolute contraband. will be safe the high
seas when the destination is a neutral port.
The State Department. in authorizing the
American delegates TO agree to this concession.
has abandoned an extreme and longer
ful Interpretation of the principle of continuous
$oyaqe and has sanctioned notifications which
will irnpart security TO neutral trade. 1t would
have been foolish 10 cling to traditions of the
Civil War when they had ceased TO have any
value II was much wiser to recognize the
truth that American interests required the pro-
lection Of neutral trade and full facilities for
transghipment In neutral ports III IKE man
ner Russia has consented TO abandon the pro-
cedure OF seizing vessels at long distance from
the theatre Of hostile operations. France has
agreed TO a new law OF blockade at variance
with its oldtin1e precedents. and other powers
are sacrificing points OF maritime procedure
which they have considered important IN past
wears The progress of naval science. the crea-
ton OF torpedo hotlla and the increased range
Of guns have rendered the Oldtime system Of