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

a mixed commission for the purpose
Of awarding damages by reason OF
Illegal captures and cOndemnations
by the British. This commission helu
shat the action OF the British In
holding up provisions on the way 20
French ports, but not specifically
intended for the French army and
navy, was Illegal, and awarded large
damages.
Tho language OF Thomas jefferson.
Secretary OF State Of the United
states, in i%hstructng Mr.. P~inckney.
our Minister IN London, Sept. 2, 1898,
represents the position which this
Government has ever since on
aistentiy maintained:
eWhen two nationa go 10 war.
those who choose TO live 10 peace
retain their natural right TO
pursue their agriculture, manu-
factures, aud other ordinary voca-
tons, TO carry the produce Of
their, industry for exchange to
all nations, belligerent or neutral,
as usual"
Mr.. Jefferson contended that the
fact that GreI Britain and France
were at war AFFORDED neither OF them
the right to interrupt the agriculture
and commerce Of the United States.
such interruption tended directly to
draw us from the state OF peace in
which we wished to remain. Mr..
Jefferson instructed Mr.. Plnckney
that the United States Government
could not allow itself TO be forced
either TO withhold provisions from
France, tthus making ourselves a
party 10 the war;. or to withhold
them from both France ana her
enemies, (thus closing TO farmers,
manufacturers. and shippers all the
ports OF Europe) He admitted that
Great Britain might feel the desire
OF starving an enemy nation, but she
can have no right Of doing it at our
loss, nor Of making US the instrument
OF IT,.
Edmund Randolph, Secretary Of
State. on May 6, 1894, instructed Mr..
Jay. who had gone on a special
mission to England IL connection with
the subject. that provisions. except
in the instance Of a siege, blockade,
or investment. are not to be ranked
among c~ontraband."
Great Britalnfs Attitude.
Since 1855 the Government of Great
Britain did not, for lt9 years, under
take to assert that provisions destined
elsewhere than 10 the Government,
army or navy OF a beligerent were
e~ontraband. Indeed il has, until the
last year, 1914, constantly maintained
the opposite position.
In the year 1885 France. being In
q state Of hostility with China, de.
clared shipments Of rice destined %
any ports In Northern China TO be
c~ontraband. The pr~etension Was
resisted BIZ Great Britain, on the
ground that though provisions may,
in particular Instances, acquire q
~eontraband character, they cannot in
general be so treated. Lord Gran.
Vile. British Minister Of Foreign AZ
fairs. 10 a note to NJ. Washington
Feb. q, 1855, replied TO the French
contention that the British Govern
ment could not admit. 1t. Lord Gran
vile declared that the British Gov
eminent did not deny mat provisions
might acquire a e~ontraband character
under particular circumstances, such
as ii they were consigned direct,
TO the fleet Of a belligerent, or to
port where such fleet was lying, bui
that there must be circumstance
relative to any particular cargo. Of
its destination, to displace the pro
sumption that articles of this kline
are intended for the ordinary use o.
iifel' The British position was that
before they could be treated al
o%ontraband OF war, it must be shown
that provisions are destined fol
military use.
The United States Minister at Der
/ lin. Mr. Kasson, wrote to Mr.. Bayard
Secretary Of State, April 28, 1886
relative to the discussion then goinl
on ia Europe over the French declala
lion making rice eontraband. Mr.
Kasson said:
Il beg your attention to the
Importance Of the principle In
yolyed In this declaration, as 1t
concerns our American interests.
We are neutrals in European
wars. Food constitutes an inn
mense portion of our exports.
Every European war produces an
increased demand for these supp
lies from neutral countries. The
French doctrine declares them
contrahand, not only when
destined directly Tor military con-
sumption. but when going in the
ordinary course Of trade as food
for the civil population Of the
belligerent Government. II food
can be thus excluded and
captured. still more can clothing,
the instruments OF industry, and
ali less vital supplies be cut off,
o n the ground that they tend to
support the efforts OF the bel
Iigerent nation. Indeed. the real
principle involved goes to this
extent. that everything the want
Of which will increase the dis
tress OF the civil population Of
the belligerent country may be
declared contraband Of war.
aThe entire trade OF neutrals
with %beIligerents may thus be
destroyed, irrespective Of an eff
fective blockade Of ports. War
itself would become fatal
!. to neutral States than to bel
ligerent Interests.
, sThe rule of feudal times, the
: starvation Of beleaguered and
fortified towns, might be extended
TO an entire population Of an
5000 u h . rntrrn Ia