Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-01-04
EXPERT VIEWS
UPON SEIZURE
OF CONTRABAND
William Bayard Hale Says
FoodstuffS Are Regarded as
Unlawful Under Certain.
Conditions,

OOltbitIVIloi
New York, Jan 3.--ln a letter e
the New York Times on British ano
American shipping, William Bayard
Hale writes In part as follows:
TO understand the significance oi
! the action taken by the United states
government in dispatehing to the
! British government on December rs
its note protesting against the Brit
ish attitude toward American com
merce, a little knowledge OF the in
! ternational laws of naval warfare Is
Indispensable.
1T is the common understanding
among the powers Of the world that
! In the event of war either party TO
! the war is at liberty TO detect at sea,
/ if II can, and confiscate articles on
! the way to its enemies and destined
/ 10 be used against il in the conflict
/ From early times, for instance, q ma
/ ton at war with another nation was
at liberty to apprehend saltpeter on
its way to its enemy saltpeter being
clearly intended for the manufacture
of powder Articles of this kind
| clearly intended for warlike uses of
an enemy are known as an absolute
contraband,
This right of a belligerent to detect
AT sea and confiscate contraband is
not to be interpreted MS laying any
obligation upon a neutral country to
prevent the export Of contraband.
That is another subject but in gem
eral it may be said that the citizens
of neutral country are AT liberty to
coll 20 "a nd If - h.I far
erents-subiect always to the danger
of its being seized in transit by the
enemy of the belligerent to which II
Is consigned.
There is a second class of articles
of commerce. articles which might or
might not be destined for military
use. To this class belong, for in
stance, such things as clothing. coal
and provisions. II is clear that fuel,
clothing and foodstuffs may be in
tended for actual use in warfare or
may be intended for consumption Of
the population OF one of the bellig-
erents in the ordinary ways of life.
This class of articles is defined as the
class of conditional contraband, and
the rule of international law regard
ing il is this Conditional contraband
Is subject to seizure by an enemy If il
Is detected al sea on its way to the
army, navy or official administration
of the enemy government, II Is not
subject to seizure IL consigned to
neutral country or to private citizens
of a country at war. The issue be-
tween the government of the United
States and that of Great Britain lies
here
"A study of the attitudes historical
ly taken by the governments of the
United states and ,of Great Britain on
this question is of peculiar interest /
II may be taken for granted that the !
note sent by our government to Lon
don made the following points:
The Jeffersonian Attitude.
I'm 1895 the British government. |
being then at war with France, by an |
order in council directed the seizure |
of all vessels laden with provisions
bound for French ports. The govern
ment of the United States protested |
against this action. 1t secured the
In 1895 of a mixed COM
mission for the purpose of awarding
damages by reason of illegal captures
and COMBINATIONS by the British.
This commission held that the action
Of the British In holding up provisions
on the way to French ports. but not
intended for the French
1rmy and navy, was Illegal and
awarded large damages.
THE language of Thomas Jeffer-
son, secretary Of the United States. in
nstructing Mr. Pinckney. our minis
er in London, September Z, 1893, rep
'esents the position which this gov
'rnment has ever since consistently
Z" When two nations go to war
hose who choose to live in peace re- ,
ain their natural right TO pursue :
heir agriculture, manufactures and !,
ther ordinary Vocations, to carry the
produce of their industry for ex-
hange to all nations. beligerent or 4.
eutral as usual
Edmund Randolph, secretary of T,
tate on May 6, 1884. instructed Mr.. :
NY, who had gone on a special mis-
ion TO England in connection with :
he subject that provisions. except in !,
he instance of a siege, blockade or =
lvestment, are not to he ranked con- i
raband
Since 1896 the government of h
reat Britain did not for l19 years, 4
Undertake 10 assert that provlsions
estined elsewhere than TO the gov
army or navy of a belliger- :,
Mt were contraband. Indeed, 1t has, a
ntil the present year, 1914, constant -
Z maintained the opposite position, !,
In the year 1885 France being in q
state of hostility with China declar- n
shipments of rice destined to any 81
orts in northern China TO be con II
aband The pretension was resist n
! by Great Britain on the ground n
lat while provisions may in particu o,
r circumstances acquire contra OF
and character, they cannot in gen 81
'al be so treated During the Boer b.
ar the question arose as to the po- bi
ton of the British government with b,
gard to dispatch OF provision to 81
Iuth Africa. Lord Salisbury, then
cad OF the government (January 10, o,
'00), thus defined 1t. If
Foodstuffs with hostile destin- ia
ion can be considered cOntraband al
war only II they are supplies for I'll
e enemy's forces. II Is not sufn- m
ent that they are capable of being al
used It must be shown that this in ri
CT Is their destination al the time w
the seizure hi
During the Russo Japanese war go
q Russian government undertook 10 IA
Il foOdstuffs on the oontraband list. nj
ie British government protested, 10
ID the American government declar- ~
Us total inability 10 aequiesce IN
e liussian position"
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