Evening star., 1939-07-16

Neutrality, upon which depends the
peace and prosperity of the United
States, is one of the most important and
least understood problems confronting
the American people today.
We are living in world that is strug-
Cling to maintain peace and order in an
atmosphere of mistrust and broken
pledges. At least 10 different neutrality
bills have been introduced in this session
OF Congress, and each has but one
avowed objective-to keep this country
out of war. What is done or left un-
done at this session of Congress ON the
neutrality question will have world wide
consequences. With reference to this ex-
tremely complicated subject one must
understand the trend of past American
legislation in order fully to comprehend
the development that has taken place
since the founding of the League of
Nations.
In these critical days one finds that
there is no stable international law with
respect to neutrality. The chaotic sit
uation relating to the rights of neutrals
on the high seas and the laws of contra
band remains unchanged, just as the
World War left it. Before the war MANY
authorities had written upon and de-
fined neutrality and neutral rights and
many tribunals had interpreted and ap-
piled its laws, but in the last few years
the subject has been hidden by the ac-
tivitieS of the League of Nations.
The leading definitions of neutrality
that have appeared in the United States
since 1871 are important.
Implies Third Friendly Nation.
In 1871 the Federal Court of Appeals
held in the Case of the Resolution that
the idea of a neutral nation implies
two nations at war. and third in
friendship with both"
by the usual principles of interna-
tional law" wrote John Quincy Adams,
the Secretary of State. to Albert Gala
tin on May 10, 1918, "the state of neu-
trality recognizes the cause of both par
ties to the contest as just--that is. it
avoids all considerations of the merits
of the contest
In 1897 Chief Justice Fuller delivered
the opinion in the Case of the Three
Friends" wherein neutrality was defined
as the relationship which exists be-
tween the belligerents and "the states
which take no part in the war"
Modern American text authors have
written that one of the essential fea-
lures of neutrality is "impartiality in
the application of the law" and this con-
sists lin treating all belligerents equally"
The neutrality laws of nations are
purely domestic regulations which orig
inally formed no part of the body of in
ternational law. In the last $50 years
the greatest controversies have CEN
tered about neutral rights and duties
with relation to trading privileges.
Keystone Set Up in 1894.
The Neutrality Act of 1894, which fol-
lowed Washington's proclamation of
1893, is the keystone upon which the
arch of American neutrality has been
built. The principles therein contained
were later accepted as part of the in
ternational neutrality code and all SUBJ
sequent American legislation has de-
pended upon it. The act prohibited
American citizens from accepting COM
missions to serve foreign state or
enlisting other persons for the service
Of foreign state. 1t prohibited the
fitting out of vessels in United States
ports. 1t prohibited all persons from
increasing within the United States the
crew OF any warship of foreign state.
1t prohibited all persons from participate
ing in any military expedition against
the territory of state with which the
United States is at peace. 1t conferred
jurisdiction on the district courts to
hear complaints on captures within the
territorial waters of the United States.
1t gave the President power to. force the
departure of any foreign vessel which
ought not to remain in the territorial
waters Of the United States, and to en-
force all the aforementioned provi-
sions. 1t further declared that the act
should not be construed as preventing
prosecution for treason and piracy.
The act of 1894 was revised in 1918.
The next really important step in the
codiflcation of the law of neutrality is
not found until the Declaration of Paris
OF 1885, At the close of the Crimean
War the nations of the world came to
the conclusion that neutral rights were
not clearly enough defined. Belligerents
were continually beset by conflicting
claims from neutral nations. To clear
up this conflict, four very important
principles were embodied in Article l
of the declaration. The first declares
that privateering is abolished; the Sec
ond that the neutral flag covers enemy
goods with the exception of contraband
Of war; the third that neutral goods. with
the exception of contraband of war, are
not liable to capture under senemy's flag,
and, fourth, that blockades, in order to
be binding must be effective-that is to
say, maintained by force sufficient to
prevent access to the coast of the enemy.
The United States refused to sign the
declaration, but at the outbreak of the
Civil War Secretary Of State Seward as