The Birmingham age-herald., 1915-01-29
The St. Harlampy Case

of vague apprehension?'
 The St. Harlampy Case
 Senator Walsh referred to the case of the St. Harlampy, a steamer purchased from Russian citizens by Boston mer- chants during the Crimean war. A warn- ing that French cruisers would seize the ship had been disregarded, he said, and the vessel was not moested
 "But suppose she had been captured. D he added What reason is there to sup pose that such an incident would have involved us in war with France? If re- dress were not obtainable through dip lomatio channels, this government doubt less would have demanded that the con- troversy be arbitrated. Before an arbi- tral tribunal the controverted legal ques- tion would have been fought out and an authoritative declaration of law upon the point obtained
 Such undoubtedly will be the general course should the Dacia be captured. There is no reason why even the most timid should look with alarm upon her eventful voyage"
 Senator Walsh cited the sale of some GOO American register ships to neutral cit izens during the Civil war.
 eve lost our merchant marine be- cause when we were at war other na- tions al peace with us could buy them u lS iOW dSStTltQ L1dL DN some DT1l- liant feat of diplomacy we are de- prived of the right to buy their ships when they are at war;
 The senator quoted at length from the records of British courts and ad- miralty instructions to British naval officers to show that Great Britain al- ways has held that bona fide trans fer of an enemy ship to a neutral flag in war time was recognized. He also UllOfp6 EnpiGb wrifarc nn int m . tional law and cited an opinion rem dered by the British privy council dur ing the Crimean war involving a pur- chase effected before the declaration of war. The opinion said: If the sale was absolute and bona fide, there is | no rule of international law, as laid down by the courts of this country, which makes it illegal"
 British Ruling
 Another British ruling he cited was: There have been cases of merchant vessels driven into ports out of which they could not escape and there sold, in which, after much discussion and some hesitation of opinion, the validity of the purchase has been sustained" France alone of the great comlner- cial nations, Senator Walsh said, had held differently; but the attitude of France has been vigorously assailed by the other powers, and her laws for bidding transfers of enemy ships dur ing war had not been enforced. Senator Walsh read an opinion by Attorney General Gushing of the Uni ted States in 1854. maintaining the right of a neutral, to purchase a mer- chant vessel during war from Q cit 1 izen of either of the belligerents | quoted former Secretaries of State and supreme court decisions in the case ol the Benito Estranger during the span
 ish- American war. to show that that l declaration had been the American doctrine for over 100 years. If 1t hac l been surrendered during Senator Roots incumbency as Secretary o State, he said, the nation never had been informed of that act.
 Tt is idle to assert" the speaker l continued, that the declaration O.
 London. so contemptuously treated b, si the allies, can be appealed to by then
 in Justification of any course they ma.
 take in the present war; or even tha
 it can justly have any persuasive fore, in the ultimate determination of ou | right to purchase the interned ships.'
 After Senator Walsh concluded, Sen attack on the bill. He suggested tha the government go into the milling business and start sheep ranch 10 re
 Iieve the situation resulting from higl
 flour and wool prices.
 Food and clothing are infinitely more important to the people thai transportation over the sea-" he in sisted.