Evening star., 1940-03-24
A Court Preview
Of "keutroIity"
By Frederic J. Haskin.

During the spirited and protracted de-
bate in the Senate on the neutrality bill,
one Of the participants sarcastically de-
ciared that the Government would have
to decide who it would be neutral against.
and while such statement may seem a
contradiction in terms, nevertheless, ex-
perience shows that neutrality is prac-
tically an impossible status for any but
the dead.
Never was there better illustration
OF this than was furnished by the case
OF the Den Onzekeren, a Dutch mer-
chairman which was captured by the
French privateer City of Marseilles about
century and half ago, and brought
as prize into Charleston, S. c.
Early in November Of the year 1894 the
Den Onzekeren had sailed from the Port
OF Demerara in British Guiana, now
known as Georgetown. She was laden
with rich produce of the tropics and was
laying her course for Middleburg in Hol-
land. In the year 1894 Holland was at
peace with Great Britain but not with
France
The United States was neutral In the
wars going on in Europe, but the bitter
ness against Great Britain which had
melted the War of the Revolution was as
keen as ever; indeed, perhaps more 50
because the British continued to impress
American seamen. The Marquis La
fayette was still very much alive and, in
general, large number of Americans
were sympathetic to France in spite of
the horrors of the French Revolution.
At least, as between Great Britain and
France, American sympathies lay with
the Frenchmen.
1t was against such a political back
ground that the case of the Den Onzek-
eren came on to be heard by the Supreme
Court of the United States Oliver Ellis
worth was Chief Justice and the rest of
the court was made up of men who had
had a hand in the foundation of the
Nation and the framing Of its Constitu-
tion.
The case developed because, when the
Dutch ship was brought to Charleston
as a prize her Dutch owners brought a
libel declaring that instead of adjude-
ing the ship good prize, the American
courts should look at the violation OF
neutrality which had been involved in
the whole proceedings. Abundant testi-
mony had been taken and the story was
developed with clarity.
The City of Marseilles was sailed to
the Port of Philadelphia and there, it
was said by Capt. Victor Chabert, her
privateering commander, underwent
such superficial repairs as painting and
such relatively minor matters which
would in no way strengthen her fighting
capacities. 1t was testified that, when
delphia, she mounted a given number oj
guns and that when she sailed away
again she showed the same number.
The owners, however, were able tc
bring forward testimony of very diff.
ferent and highly romantic and fasci.
mating character. It was admitted that
to all outward appearances the privateel
departed with the same number Of gun.
she had shown upon arrival, but thess
appearances were challenged.
The City of Marseilles had sailed ur
the Delaware River and passed the usua
inspection of the customs and the mill.
tary men and she had, indeed, IL guns
showing. Actually, it was declared she
had only a couple of real guns, the 9th.
ers being of wood, carefully carved anc
painted to look like guns While at Phil.
adelphia, Capt. Chabert had purchased
the cannon he required, had eithe,
broken up the wooden dummy guns fol
f1rewood or otherwise disposed of then
and mounted the real weapons in theil
stead.
But there was more to the story thar
that There was all sorts of testimon,
to the effect that when the City Of Mar.
settles had dropped down the Delaware
River some miles various things begar
to happen. Even today. there ar,
stretches along the Delaware River be.
tween the port of Philadelphia and tn,
open sea which are fairly lonely, but
century and a half ago these shore.
showed few inhabitants and fewer build.
ings. There was many a desolate cove
and inlet.
The story goes that seamen who hac
been enlisted in the taprooms of Phila.
delphia quietly dropped downstream tt
one or more prearranged places anc
there were taken as quietly aboard
A violation of American neutrality
OF course it was violation and, the ole
printed records indicate. everybody wa
fully aware of the circumstances. Blu
the French cause was popular at tn,
time and privateersmen were tn,
glamour boys of their period. It was
full century later that Finley Peter
Dunne's Mr.. Dooley observed that tn,
Supreme Court of the United States al
ways reads the election returns. 4
seems there had been no alteration ir
that century and that the first Suprem,
Court knew the political temper Of tn,
times. At least the decision was thai
the privateersman had the same number
Of guns when she sailed as when sh,
came in to Philadelphia, and, therefore
neutrality had not been violated.