TaÌˆgliches Cincinnatier volksblatt. [volume] (Cincinnati [Ohio]) 1885-1919, 1915-08-23

almost invariably confound the opin-
ion of the court with the judgment
of the court. Now there may be,
thero often 10. difference, some
times a very great differences, and
sometimes an apparent. II not real
contradiction between these two
things. Many Of our judges are too
much given TO writing opinions
IT, e.. reasons for the judgements
10 show off their superior learning
or their brilliant rhetoric. and many
OF them write their opinions hastily
and loosely.
springbok Case No Precedent.
Chief Justice Chase, who wrote
tho opinion in the springbok case
was OF this latter class, and In al
most every opinion he ever wrote
there are expressions difficult to re-
concile with the judgment. But we
American lawyers know that It Is the
judgment which is the precedent and
not the opinion. Now what was the
judgment In the Bpringbok cassf 1t
was that the vessel should be sur
rendered 10 its owners and the car
20. consisting partly Of Dntraband
and partly Of noncontraband articles,
all belonging 10 the same owners,
should be condemned. The exact
wording of the Judgment was as fol-
lows. The decree of the District
Court must. therefore, be reversed as
TO the ship. but without cost or da-
mage 10 the claimants. and affirmed
as TO the cargo. The District Court
had condemned both ship and cargo.
Now, on what principle Of inter
national law did this judgment Of the
Supreme Court ressti Not on the prtn-
ciple surely Of the blockade OF tho
port OF Nassau. for. In that case, the
court would have condemned the YES
sci. no matter whether its owners
were the owners OF the cargo in
whole or part. or not and no matter
whether the cargo was contraband
or not II would have condemned the
vessel. OF course. In punishment OF
the unlawful act OF undertaking 70
run the blockade.
II not than on the law OF blockade.
II mhnifcstly rested ON the law OF
enrf pa ha ph nn Tho - ~fv, ~ a hafIs-
gerent warship to halt and search
anywhere upon tho high seas q nso-
trail merchantmen. which tho COM
mander of the bciligarent warshfp
suspects OF carrying contraband Of
war TO the enemy OF his government.
and, on finding his suspicion con-
Armed. 70 taxa the ship OF the neu-
trail into q port OF his own country
and deliver II into the Jurisdiction Of
u prize court thersin. and On the
right Of tho prize court Of ths balli-
gercnt. ON sufficient svfdenoe. To
oonfiscate tho eontrahand cargo, and.
In case the cargo is partly noncon-
traband. but belongs 70 the same
owners. TO confiscats that also re-
leasing the vessel. provided IT'S
owners are not the owners Of ths
eontraband cargo and not In ooiiu-
sion with their unlawful undcrtak-
ing
Britain Twists thu Law.
But II is superfiuous Tor me TO say
that this principle does not contain
the slightest Qualification Of, or pre-
cedsnt for. the blockading Of neutral
ports by a belligsrent. In strict ju-
ristic verify. the Springbok case is
precedent only for q situation Of
the following description. viAi Let
US suppose that the British govern
ment was q federal government and
Scotland was one Of the states
thereof: that an insurrection had
broken out In Scotland OF sufficient
strength 10 control the stats govern
ment therein; that the United States
Of America had recognized the belli-
gerency Of tho insurrectionist gov
ernment In Scotland and had given
Il thus standing in international
law; that the United States OF Ame-
rica possessed q small island some
whore within 900 Miles OF the Scotch
coast. inhabited chiefly by q few
thousand semi-sayages. and that the
United States Of America allowed the
sole harbor Of that island 70 bs used
ss the entrepot for sending arms.
ammunition and other contrahand
OF war 10 the insurgents In Scotland.
Now. upon the basis of situation
OF this sort, the Judgment In the
6pringbox case would be . precedent
for q British warship 20 halt and
search q nerchantman Of the United
States OF America which the COM
mander OF the warship suspected Of
carrying oontrahand Of war by way
OF that entrspot 70 the Insurgents in
Scotland. and, on finding the suspi-
cion confirmed. 70 take the merchant
man into q British port and deliver