The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1914-09-30
The Seizure of the NOOrdam.

steamship NOordam, bound to Rot
terdam from New York, with Ger
man rcservists and a general cargo.
which latter, it is declared in the dis
patches. was destined for GERMANY"
may possibly give rise to some ex
tremely interesting questions The
NOordam is the vessel of neutral
country and was bound from one neu-
trail port to another. The general
principle of international law is that
"neutrals have the right during war
to trade with the belligerents, sub
ject to the law relating to contra
band and blockade" The existence
of this right, says John Bassett
Moore in his Digest of International
Law" is universally admitted, al
though on certain occasions it has
been in practice denied. OF those
occasions the most memorable are
the wars growing out of the French
Revolution and the Napoleonic wars
that succeeded the breach of the
peace Of Amiens, when French de-
crees and British orders in council
assumed to dictate the trade in which
neutrals should be permitted to en-
gage, or to prohibit them from trad
ing with belligerents altogether"
The general right of neutrals to
to be still stronger. Admitting the
British right to take off the German
reservists who were on the Noordam,
would the act Of conveying them from
one neutral port to another make her
liable to confiscation as a prize? If
not, could her cargo be seized as con-
\ traband, if consigned to Rotterdam
merchants? In regard to the reserv-
lists, it may be very strongly urged
that she was practically acting as a
transport for German soldiers and
therefore had abandoned her neutral
character and her neutral rights. But
if it could be proved that the agents
and officers of the Noordam did not
know the military character and pur-
pose of their passengers, a different
question would be presented. The
presence of the reservists is, of course.
the ground on which the Noordam
has been taken to Queenstown; but if
the cargo and the ship are confiscated,
the NoOrdam case may figure after
the war in claims against Great Brit
ain for pecuniary idemnity. And
there probably will be a good many
claims for such damages if the war
continues for any great length of
time.
What gives something more than
speculative interest to this incident is
the admitted British objection to any
trade with Rotterdam which would
give even indirect aid to Germany. If
there had been no German reservists
aboard, but only food supplies con-
signed to the Holland port, it is clear
that no warning power would have
had the right to lay it's hands on her.
"Neutrals in their own country"
says Mr.. Moore, may sell to bellig-
erents whatever beligerents choose to
buy If they may sell to belligerents,
they can surely sell to other neutrals.
and international law seemingly gives
them this right, even if there is rea-
} son to suppose that the buyers will in
turn sell to the nations at war. The
article of export which we are chiefly
concerned in selling at present is food;
and if Great Britain shou' try to pre-
} vent it's reaching Germany by declar-
ing it contraband of war, a,.d attempt
ing to exclude it from Holland, a ques-
ton of the first importance would be
raised. 'In order to constitute con-
traband of war;" says an authority
quoted by Mr.. Moore, lit is absolutely
, essential that two elements should
, concur-viz. a hostile quality and
hostile destination. If either Of these
elements is wanting, there can be no
2 such thing as cOntraband. Innocent
goods going to a belligerent port are
not contra band. Here there is hos
tile destination, but no hostile quality
Hostile goods, such as munitions of
war, going to neutral port are not
contra band. Here there is a hostile
quality, but no hostile destination
Such points belong, of course, SO
far to the realm of speculation and
for referring to them is because the
strain and stress of war may tempt
some Of the cOmbatants to assume an
untenable position with regard to neu-