the question of privateering may not become a
practical one during the approaching war. Both parties may expressly
renounce the practice, or they may follow the example of Prussia in
1870, and Russia at a later date, in commissioning fast liners under the
command of naval officers--a practice, by the by, which is not, as Sir
George seems to think, "right in the teeth of the Declaration of Paris."
See Lord Granville's despatch in 1870.
On Sir George's proposals with reference to the carriage of enemy goods,
little more need be said, except to deprecate arguments founded upon the
metaphorical statement that "a vessel is part of the territory covered
by her flag," a statement which Lord Stowell found it necessary to meet
by the assertion that a ship is a "mere movable." There can be no
possible doubt of the right, under international law, of Spain and the
United States to visit and search neutral ships carrying enemy's goods,
and to confiscate such goods when found. They may also visit and search
on many other grounds, and the question (one of policy) is whether,
rather than permit this addition to the list, we choose to take a step
which would practically make us belligerent. This question also, it may
be hoped, will not press for solution.
In any case, let me express my cordial concurrence with your hope that,
when hostilities are over, some really universal and lasting agreement
may be arrived at with reference to the matters dealt with, as I venture
to think prematurely, by the Declaration of Paris. A reform of maritime
law to which the United States are not a party is of little worth. That
search for contraband of war can ever be suppressed I do not believe,
and fear that it may be many years before divergent national interests
can be so far reconciled as to secure an agreement as to the list of
contraband articles. In the meantime this country is unfortunately a
party to that astonishing piece of draftsmanship, the "three rules" of
the Treaty of Washington, to which less reference than might have been
expected has been made in recent discussions. The ambiguities of this
document, which have prevented it from ever being, as was intended,
brought to the notice of the other Powers, with a view to their
acceptance of it, are such that, its redrafting, or, better still, its
cancellation, should be the first care of both contracting parties when
the wished for congress shall take place.
May I add that no serious stud
|