The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-10

in the course OF time he obtained the eal
of the House of Commons, to whose
members he exhibited the severed ear;
his story gained credence and provoked
widespread Indignation throughout the
realm; and the incident, insignificant as
it seemed In the beginning, was one of the
principal causes, if not the chief cause, of
The war between England and Spain
which broke out In 1879. 1t seems
strange that an author who expects her
readers to know all about the War Of
Jenkins's Ear should on the other hand
deem it necessary to inform them that
"a Dutch lawyer named Grotius wrote
a learned treatise on the law of prize"
Most people capable Of approaching her
book at all would know who Grotius was
without thus being told. They hardly re-
quire to be informed that the writings
of "a Dutch lawyer named Grotius" are
classics in international law, especially
that part Of it relating to the Freedom
of the Seas
These points, however, do not detract
from the substantial interest and value of
Miss Browns book, which will prove use
full to all students desiring to inform them
selves concerning subject Of worldwide
importance which is certain to come to
the front again, although for the moment
apparently forgotten.
III.
Let rs now turn to the Collapse and
Reconstruction of Sir Thomas Barclay
and consider what a modern authority
Of recognized standing In international
Jurisprudence has to say in his chapter
on Freedom of; Navigation.
For many years there have been two
Sir Thomas Barclays in the English
hightage: the present author, a lawyer
residing In Paris, who has devoted much
effort for many years before the Great
War to the promotion of friendly reIa-
tons between Great Britain and Ger
many, France and the United States. and
who visited this country in 1903 in fur
therance of arbitration treaties between
the British Government and ours; and
Sir Thomas Barclay of Birmingham, a
venerable chemist, druggist and phar-
macist, distinguished for his. public spirit
in promoting the introduction of good
water into Birmingham. No other
European jurist that we know of has dis
eussed President Wilson's supposed sea
policy as critically as the Sir Thomas
Barclay Of Paris; and his competency to
exercise the province of critic in such
matters viii be generally acknowledged
even by those who may not accept his
views on the particular question under
consideration.
SIR Thomas Barclay eonfesses that he
feels some anxiety in approaching Presi-
dent Wilson'S second proposition, wherein
he demands absolute freedom of naviga-
ton Aalike m peace and in war;" He
points out that freedom of navigation is
positively incompatible with war and that
This proposition accords with the tradi-
tionai policy of the United States no less
than with that Of Great Britain. There
cannot be absolute freedom of navigation
when the right Of search for contraband
and to seize blockade runners exists, as it
does in time Of war. Such right was
recognized by the Hague Conferences of
1899 and 1907 by the United States, which
endeavored On both occasions to secure
the adoption Of a resolution In these
words:
"The private property of all subjects
or citizens Of the signatory Powers, NTH
TIE exception Of contrdband Of aodr, shall
be exempt from capture or seizure on the
High Seas or elsewhere by the armed YES
sels or the military forces of any Of the
said sgnatory Powers. But nothing here
in contained shall extend exemption from
seizure to vessels and their cargoes which
may attempt to enter port blockdded
hv fhn naval fo-Noc of oDu ,f tba