TaÌˆgliche Omaha tribuÌˆne. [volume] (Omaha, Nebr.) 1912-1926, 1915-01-16

AfAf ~ VIZ 1RN W
ing arisen as 70 the position Of the
British Government with regard TO
dispatch Of proyisions 70 South Africa
Lord Salisbury, then head Of the
Government, (Jan. 10. 1907 tnus
defined Il.
'Foddgtuffs with a hostile dos.
tinati0n can be considered contra
band Of war only II they are
supplies for the enemy'a forces.
1t lis not sufficient that they nre
capable Of being 50 used; II must
be shown that this vas In fact
their destination az the time Of
the seizure"
During the Russo-Japanese wal
the Russian Government undertook V
put ~foodstufls on the contraband list
The British Government protested
and the American Government do
clared its total inability % acquiesrs
In the Russian position.
Lord Lansdowne, British Minister
of Foreign Affairs, on June III, 1904
instructed Sir Y. Hardinge British
Ambassador at st. Petersburg, thai
his Government observed with great
concern that rice and provisions will
be treated as unconditional contra
band, a step which they regard az
inconsistent with the law and Nactlcg
OF nations The British Government
could not admit that II such pro
visions were consigned to the pofl
OF a belligerent (eyen though II
should be a port OF naval equipments
! they should therefore be necessarily
regarded as conrraband Of war" in
less there are circumstances relating
to any particular cargo to show thai
It is destined for military or nayal
use.'
Our Notice to Ressla.
The United States Government was
especially emphatic In It's refusal 70
admit the Russian contention. This
! steamship Arabia, bound for JAPANESE
ports and laden with railway material
and flour, consigned 10 pTiFsta com
mercial houses, was seized by tht
! Russians ard taken 10 tl2daYostok
A prize court held that the Arablai
cargo should be eo~nfisc3ted. 10 tn
course OF q remarkable letter Of IN
struction SEN TO Mr.. McCormick
our Ambassador at ST, Petersburg
on Aug. 80, 1904, Mr.. Hay made usI
Of the following language:
''The Government OF the United
States is unable to admit the
validity Of the judgment which
appears to have been rendered
In disregard Of the settled law
of nations in respect 10 what
constitutes contraband OF war. II
the judgment ana the c0mmuaica-
ton accompanying its transmits
sion are to be taken Is an express
sion OF the attitude OF his I'M
perial Majesty's Government, and
as an Interpretation OF the Rus
sian imperial order 81 Feb. 20
last, 1t raises a question of
momentous import in It's bearing
on the rights OF neutral CON-
MERGE
"The department is therefore
constrained to take notice of the
principle on which the condemna-
tion is based. and which 1t is
impossible for the United States
to accept, as indicating either 2
principle OF law or a policy
which a b%elligereHt State may
lawfully enforce or pursue toward
tho United States as a neu-
trial.
when war exists between
powerful States 1t is vital to the
legitimate maritime commerce Of
neutral States that there be no
relaxation OF the rule-no devia-
ton from the criterion for deter-
mining what constitutes contra
band of war. lawfully subject to
belligerent capture, namely: War
like nature, use and destination.
Articles which, like arms and
ammunition, are by their nature
Of self-eYidant warlike use, are
contraband Of war IL destined to
enemy territory; but articles
which. like coal, cotton. and pro-
visions, though a ordinarily in
nocent are capable OF Warllke use,
are not subject to capture and
c~onfiscation unless shown by
evidence to be actually destined
for the military or naval forces
of a belligerent.
'This substantive principle OF
the law or nations cannot be over
ridden by technical rule OF the
Prize Gburt that the owners OF
the captured cargo must prove
that no part Of 1t may eventually
come to the hands of ~the-enemy
forces. The proof Is OF an impos-
sible nature; and it cannot be
admitted that the absence OF
proof in its nature impossible
to make can justify the seizure
and condemnation. II IL were
otherwise, all neutral commerce
with the people Of a belligerent
State would be impossible; the
innocent would suffer inevitable
condemnation with the guilty.
1.-THE established principle Oh
discrimination between contra
band and non-centraband goods
admits OF no relaxation or refine
ment. 1t must be either in
flexibly adhered to or abandoned
by all nations. There is and can
be no middle ground. The
criterion Of war-like usefulness
and destination has been adopted
by the common consent Of
civilized nations after centuries
OF struggle, in which each bel.
igerent made indiscriminate war
fare upon ali commerce Of all
neutral States with the people
Of the other belligerent, and
which led to reprisals as the
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