The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-28

ldh' bllPnte
1t may he noted. however. that Prof.
kuno Franckc If Harvard University
has recently expressed the opinion
that the establishment Of an embargo
on arms would inevitably bring our
Government into conflict with Eng
land and might drive us into war
with England"
There are certain rights in the ex-
erclse OF which by q belligerent a ncu-
trail. suoh as the United States. is
bound 10 acquiesce. Two deserve at
tention-the right OF blockade and
the right of visit and search.
A blockade may be defined ~ the
| obstruction by a b%elligercut naval
force Of communication with the ports
or coasts belonging To or occupied by
the enemy. Since the Declaration OF
Paris OF 1886 nations have been agreed
that a blockade in order to be bind
ing must be effective; that is to say.
Il must be maintained by a force
sufficient really to prevent Access to
the enemy coast. The right OF block
d does not embrace the right Also
to establish by force. even IL It were
possible to do so, q barrier across por-
NA'''' ~ NAt' ilSA SNdN thldNNuI VI
enemy territory and constituting n
common highway for neutral com
merc~.
Nor does the right Of blockade trs-
tify a b%elligerent incapable Of excrrs-
ing It in cutting on all scceRs OF neu-
trail Vessels to the encmy's ports by
other processes. Vessels Of the United
States have the right to proceed IN
every ~unblockaded beiligerent port.
except in 80 far as they are captured
and condemned OF detained By reason
Of the carriage of c~ontrahand or the
commission Of some %unneutral service
Every helllcrrert po~sesses tho ri-ht
To visit and search n neutral merchant
vessel on the high seas for the pur
pose OF asccrtaining its true national
ity. and the nature Of it, vcyag e and
the character and destination OF its
cargo. The examination N the ship.
papers and 81 the cargo itself /. com
monty made At sea.
During the present war British
naval authorities have hahitually
taken neutral vessels into British port.
and have there conducted ~leisurely
and protracted searches tn ascertain
the existence " C~ontrahand. Sir Ed
ward Grey has defended this action
10y the plea bf necessity. He declares
that under modren conditions, where
there ia real ground for suspectinc
the presence Of contraband. tho ves-
sells should be brought into port for
examination: in no Their way" he
adds. can the right OF search b. exer
cised. and but for his practice /,
would have 20 be completely ahan-
| doned."
That suspicious may h strona
enough in special cases 70 justify the
British practice L. tho view of the lead
ing naval authority uf the United
Statcs-Iear Admiral Stockton. Prof
~Opprnhe!m Of Cambridge Univ. rsity
declares that II a search a, sea "ha.
brought nothing to light against the
vessel seizure should take place only
in case of grave suspicion
The Department OF State readily
admits the full right of a b.lligereut
tO visit and search on the high SEA.
the vessels Of American citizens oi
other neutral vessels carrying Aneri,
can goods. and to detain them whOy
there is sufficient evidence TO justf,
a belief that contrahard goods are In
their cargoes," II protests. however
against the taking Of American ship,
or American cargoeS into British port.
and their detention in such ports 40
the purpose az searching generallv fo'
evidence Of contrabaud." In view %
the mode Of exercising the right %
visit and seArch in past wars tn,
protest of the United States IS be-
licved warranted.
During the present war rhe rnite4
States has been called upon to &C
quiesre IN the assertion Of certain bel
ligerent claims respecting the mode O
conducting hostiilti.e that not onl,
hack precedent hui also challenge OH
mos, vital interests and tend 10 i'm
pair what have heretofore hoen =.
; gIrds as the imprcGnahle rights OF
. neutral.
These Extraordinary b lligeren
claims are due in part to the eNistenc
III extraordinary weapons of offenCs
by the submarine and the antomau
contact mine there L. undertaken tn
work OF the battleship and the al
fashioned torpedo boat. The auto
, matte contact mine is no ~resr~cter G
neutral vessels, while the suOmartn
may need strong glasses and A sti
{ stronger conscience TO hold back il
+. fatal sting from any helpless victim,
r Thus far no American vessel ha
encountered a mine on the high seni
: and happily no serious diplomats
issue has as vet arisen. The eighth {
1 the Hague conventions OF 1907 mad
I wise regulations for the use u suc
: instruments Of destruction. While
: has been ratified by the United State
! Austria-Hungary and Belgium are N
only b~elligererts in me present wa
| accept It without reservation: an
! Montenegro. Russia. Servia ar
: Turkey have refused to ratify il.
The convention fails. therefore,
: impose a c~ontractual Obligation upo
any heli'Ecrent with respect IN n
United States. N"verthelcSs il in b'
= lieved that the placing of sutunarir
| automatic contact mines in tho hir
seas is none the less contrary to III
T established law of nations, for 81 u,
= only r"cklessly i'nperIls the s4fctr
4 the non participant a. well uS III
h participant but also holds IN content
the right Of the neutral to the ~
% molestel use ~ the high seas.
So cautious 4 writer ~ Prof, .iu.
t Rassett Moore a recently 4. clare
= that AS a mctlrOI of warfare III
NUS be regarded not only as a
= atrcity which no nation is at libert
Ia I,pruetrate lint a1a, ne a dirast 81.