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Neutrals

war, neutral, contraband, property, belligerent and search

NEUTRALS, nations who, when a war is being carried on. take no part in the contest, and evince no particular friendship for or hostility to any of the belligerents. 'As a em end rule neutrals should conduct themselves with perfect impartiality, and do nothing which can be considered as favoring one belligerent more than another.

The ditties and obligations of neutrals at sea have given rise to many complicated questions. It is allowed on all hands that a neutral state forfeits her character of neu trality by furnishing to either belligerent any of the articles that come under the denomi nation of contraband of war (q.v.). If she does so, the other belligerent is warranted in intercepting the succors. and confiscating them as lawful prize. Contraband of war. besides warlike stores, has sometimes been held to include various other articles, a sup ply of which is necessary for the prosecution of the war; and it„has been doubted how far, iu some circumstances, corn, hay, and coal may not come under that category.

An important question regarding the rights of neutrals is, whether enemies' goods not contraband of war may be lawfully conveyed in neutral bottoms. The principle that free ships make free goods was long resisted by this and other maritime countries; and the general undesstanding has been that belligerents have a right of visiting and search neutral vessels for the purpose of ascertaining—First, whether the ship is really neu trtd, as the hoisting of a neutral flag affords no absolute security that it is so; Second, whether it has contraband of war or enemies' property on board. Neutral ships have therefore been held bound to provide themselves with passports from their government, and such papers as are necessary to prove the property of the ship and cargo; and it is their duty to heave to when summoned by the cruisers of either belligerent. It has been

considered that a neutral ship which seeks to avoid search by crowding sail, or by open force, may he captured and confiscated. When a merchant-ship is sailing under convoy of a vessel of war it has been said that the declaration of the officer in command of the convoy that there is no contraband of war or belligerent property on board is sufficient to bar the exercise of the right of search.

A declaration having important hearings on the rights of neutrals was adopted by the plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Tur key, assembled in congress at Paris on April 16. 1856. By its provisions, 1. Privateering abolished. 2. A neutral flag covers enemies' goods, with the exception of contraband of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. 4. Blockades, in order to be binding, must be effective —that is, maintained by a force sufficient really to prevent access to the coast of lime enemy.

It has sometimes been proposed to exempt private property at sea from attack during war. Such a project, however, seems inexpedient. There may be a propriety in respect ing the property of individuals on land in a time of war, because its destruction. how ever injurious to the persons immediately concerned, can have little influence on the decision of the contest. But at sea private property is destroyed, because those from whom it is taken, being purveyors or carriers for the community at large, its loss must seriously affect the public, and have no small influence in bringing the contest to an end. See 13LOCKADE, PRIVATEER.