Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-07-24
JUDGE STUART SAYS NEUTRALS
SHOULD.DEFIVE RIGHTS ON SEA
Suggests That U. S. Call Meet
ing of Representatives of All
Powers Not at War

E -. Y VbSto nOS 01 bU
That now or never is the time Il
settle once for all the rights of neutra
nations on the high seas, is the opin
ion of Judge T. B. Stuart of Honolulu
who proposes that the American gov
eminent issue call to all of the ma
tions of the world now neutral in thu
matter of the great European war, il
order that the neutrals may clearly
define their rights and take steps Il
see that the belligerents observe them
Judge Stuart has set forth his opin
len, ably supported by international
law. in the following statement pre-
pared for the Star-Bulletln:
"The trouble THAT the United States
and all neutral nations are involved
In today seems to arise
First: Through treating solemn
treaties and duties under the inter
national law as being entitled to nc
respect;
Second: Through mutual disagree
ment by the belligerents as to the
rights of noncombatants and neutrals;
Third: On account of the new in.
struments of warfare, namely, the air
craft and the submarine.
Belgium, from her position, and
her treaties, could not be otherwise
than neutral in the dispute between
Austria and Serbia, but Germany wish
ed to strike France and England
through Belgian territory, and it is
claimed that without a shadow of
right or excuse, in violation of her
compacts. completely ignored and yio-
lated all the rights Of this neutral ma
ton and sought in fact. to destroy her
national existence.
Immediately England, as the leader
of the Allies, while complaining bitter
~ of Germany, sends forth her de-
crees in admiralty, which may prop
erly be said not to be based on any
law of nations, but claim their valid.
ity from these DEGREES alone, in dis
regard of the rights of neutral nations
as they have heretofore been under
stood
ENGLAND claims the right of search
upon the high seas and the capture OF
neutral vessels on the high seas, and
the taking of them into her ports,
judging their cargoes, not by the law
of nations, but by her DEGREES and
DEGREES in admiralty, as to
they contain contraband OF
war or not. 8
ssThat the United States and all neu-
trail nations had the right to carry on
commerce with all the combatants as
though war did not exist, can hardly
be gainsaid. The only thing assigned
against it Is the assumed ownership
Of the high seas by England, through
her DEGREES in admiralty. True, she
might, under the old law of nations,
blockade any German port by an eff
Fective blockade mot paper one),I
and shut out all illegitimate CONF
merce with Germany; but neutral
vessel outside the three-mile limit OF
the coast of nation Is on the high
seas. No power can rightfully inter.
fere with her, and to capture her
through force and condemn and take
her cargo Is in conflict with the rights
II neutrals under the law of nations
,s It has heretofore existed. England
has recognized this. as being true by
making compensation in every in,l
stance to the full value of the prop
erty so taken, but the making OF COM
Densation, even to double the amount
81 the property so taken, does not
validate the wrongful act in any res
pect.
"The compensation or double com
pensation for the injury committed
does not make the act right, but is
simply an admission that the act itself
s wrong and indefensible. The diff
terence in the English method and
he German method of violating inter-
national law as to the rights of neu-
rails lies not In the essence Of the act,
but the difference in their magnitude.
England takes the vessels; Germany
sinks them with all on board 1t will
not do to admit that any nation has
he right, by her individual DEGREES,
o restrict the rights of other nations
lpon the high seas. Nations actually
1t war have the right to capture the
De vessels of war or engaged in com.
nerce. But even between battleships1
t has always been duty to save as
many of a sinking vessel as possible.
demands such action. When
{ comes to unarmed vessels, there is
no war that has heretofore existed
that has countenaaced the wanton
destruction of human life by sinking
hem. 1t has been said that when an
American sets foot on an English
boat that he is, in contemplation OF
he law of nations. on English soil BE
{ so; he is nevertheless a noncombat
mt and neutral. and were he upon
he land there would be no justifica.
ion for taking his life. 1t cannot be
,aid that the German armies have the
light to annihilate the nonconbatants
IN the land surrounded by the war
zone, even though they are of the
enemy. II they have not this right on
and, they surely do not have 1t on the
Ugh seas, which are common proper.