New-York tribune., 1909-03-23
SEA WAR LAW.

The Declaration Of London. as the agreement
which has been reached by the international
maritime conference. and which has Just been
published, may appropriately be called. affords
a commendable example of the triumphant
progress Of international law in the control Of
those things which were originally sup
posed to be quite lawIess. Time was when on
land and on sea inter d7plG Ieges silent was
true in it's extreme application. The only law
Of warfare the arbitrary will of the bel
lgerents. Those who are so inclined will find
il an interesting and enlightening task TO trace
the gradual development of rules of war,
for the mitigation Of its horrors, for the pro
lection of neutrals and non-combatants for the
humane treatment of prisoners, and in general
and in brief for the keeping of war within the
narrowest possible limits and the safeguarding
of those not involved in it from its detrimental
effects. They will find that this fine progress
has been suggested and effected not exclusively,
nor. indeed, chiefly. by those whom, without in
tent of offence, we may call the professional
propagandists of peace, but rather by those
who recognize that war is occasionally inevta-
ble. and that the best way to make its occur
renee most rare is TO be fully prepared for it
at all times
The present convention is by no means revo-
lutionary, but il marks Il considerable advance
along the lines which this country has been
consistently seeking since first it became a
naval power. II does not. as some wished 1t TO
do. apply all the rules of land warfare to war
fare at sea, hut recognizes an essential differ
ence between the two forms of beligerence. 1t
goes far, however, toward exempting non-bel-
ligerent navigation from interference, and
makes much more definite than ever before the
risks which such commerce must endure and
the exemptions which ii is to enjoy. The de
tailed and definite classification of articles of
commerce in their relation to the law of contra
band and the more precise definition Of con
tinuous voyages should particularly aid in the
avoidance of meddlngs and MISUNDERSTANDING
The article which provides for the seizure of
any person belonging TO the armed forces of
the enemy who may be found on A neutral
vessel, though the vessel itself may not be
seized, is said. not altogether accurately. to con-
form with the contentious of the@United States
in the famous case of Mason and Slidel on the
Trent. Those agents of the Confederacy were
seized by Captain Wilkes not as belonging To
the armed forces of the Confederate states but
As diplomatic messengers carrying DISPATCHES
hostile TO the United States. which dispatches
of course. were ccntraband. One OF the chief
arguments against the legality Of the seizure
was based upon the fact that Captain Wilkes
took the men from the Trent and let that vessel
proceed without further interruption. ii being
held that If the Trent was really CARRYING con
traband she should have been seized. held and
taken TO port where she could have been
properly tried by Il competent prize court Now.
the Declaration Of London just made a9Dar-
entity would not justify such a seizure of dino-
matte agents, and TO that extent does not con
form with the American contention in that
case. But 1t would justify the taking of mill
tary officers from neutral ship without taking