Evening star., 1914-08-11
RIGHTS Of SHIPPERS
T0BEDETERM|NED
Status of u. S. Commerce With
European BeIigerents Re-
ceives Grave Attention.
OFFICIALS HERE REFUSE
TO DISCUSS SUBJECT
International Laws Governing Yes
sells and Their Cargoes Will
Be Summarized.

Rights of United States merchantmen
TO carry on commerce with the belliger-
ent nations of Europe and rights of
American cargoes in the ships of warning
nations are subjects that are receiving
grave attention of the State and Com
merce Departments. Officials of these de-
partments today refused to discuss the
subject. but they are understood to be
preparing a summary of international
laws upon the subject for the guidance Of
American shippers and importers.
Under The Hague convention any ship
captured by belligerent is supposed to
be taken to court and the case argued
by both sides before prize court, which
should decide whether the vessel was
lawfully seized. But international law
yers say that when a ship is seized and
lost while in the hands of captors they
cannot be held liable therefor.
When a vessel is seized by belligerent
and sent to port for adjudication, should
the crew attempt to overpower the prize
crew the act would be unlawful: and
would change the decision regarding the
prize vessel. even though she had pre-
viously been innocent and the seizure un-
lawful
Papers Used as Evidence.
When a case is tried before prize
court as to whether a vessel was legally
captured the papers found on her are
taken as prima facie evidence and it rests
with the court to order further investiga-
ton.
One Of the most important considera-
tions is what is known as the right OF
visit and search. This is described as
the right of belliserents to protect
themselves. ITO detain for examina-
tion is the right of beliigerents
and to visit and search and ship
on the high seas but this does not
sci. etc. of a neutral nation. When a
vessel is SO seized the belligerent has the
right to satisfy himself as to whether the
vessel under SUSPICION has contraband
aboard. as to her right to fly the nag OF
a neutral country, whether her invoice
agrees with what she has in cargo, and as
TO the character of her passengers and
crew.
Instructions Of q. S. in 1898.
/. OF bearing on this subject are the in
structions given to United States block
aiding vessels and cruisers during the
Spanish-American war. June 20. 1895
These said: The beligerent right of
search may be exercised without previous
notice upon all neutral vessels after the
beginning Of war to determine their ma
tionality. the character of their cargoes
and the ports between which they trade.
1t is held by international lawyers that
il does not make any difference whether
a vessel carries mail or not. The carry
ing of mail does not exempt her from de-
teltion and search. But usually a mail
carrying vessel is not subjected to the
right of search except on well defined sus-
picions.
Regarding the seizure Of an enemy's
goods on a neutral vessel it is held that
an enemy's goods may be seized and con-
fscated whether found in an enemy's ship
have special treaty stipulating that their
goods in neutral ships shall not be seized.
As far as could be determined, Great Brit
ain has never entered into any such agree
ment.
View of Largest Nations.
The declaration of Paris says that a
neutral flag covers an enemy's goods, ex-
cept contraband of war and the converse.
This is known as the free ship and free
goods clause" This. however, has not
been accepted by the largest nations, and
the general practice has been that an
enemy's goods in a neutral ship are liable
to seizure, but neutral goods in an en-
emy's ship must be returned or indemnity
paid.
send a vessel to Germany for a cargo of
toys and IL caught by a British ship the
American vessel would be let go, but the
cargo confiscated. A German vessel carry
ing a cargo of American grain or cotton if
caught BY a British ship would be con-
fscated. but the cargo restored or paid for
If 1t was proved to be of American own
ership.
If a vessel contains contraband of war
Is running blockade it Is liable to
seizure and condemnation, whether neutral