| Show SUPPLIES FOR BR TISN Are Horsesand Mules Contraband Con-traband of War CORRESPONDENCE ON CASE State Department Mokes Matter Public Pub-lic There Are Thrco Principal Letters Let-ters and a Number of Appendices One From Governor of Louisiana A Reply From Secretary Hny ALong A-Long Opinion From the Attorney > General on the Legal Points Involved Gencnt Igl volved Washington April 5lIie State department de-partment today made public the correspondence corre-spondence that has so Car taken place between the United States Government and the Governor Louisiana conI corning the lattors statement touching the shipment of Jive stock and supplies for the British army In South Africa from Chalemeltti La There are throe principal letters and a number of appendices ap-pendices The principal letters arc one from the Governor of Louisiana dated March 2Sth touching the conditions at Chalmette i reply from Secretary Hay dated April 4th announcing that he had ordered an investigation which will be made here by an army ofllcer and a long opinion from the Attorney General on the legal points Involved In the Chalmette shipments GOY IIEARDS LETTER Gov Heards letter already has been outlined In the press dispatches He begins with the statement that he had received from the Mayor of New Orleans Or-leans a copy of a letter from Secretary Hay calling his attention to a threat of Samuel Pearson to commit a breach of the peace In New Orleans and referring that letter to the Mayor for consideration Mr Pearsons letter let-ter Is one heretofore published dated New Orleans February 1st and addressed ad-dressed to the President calling attention atten-tion to the condition of affairs at New Orleans and Chalmette The Mayor transmitted this correspondence to thc Governor of the State on the ground that the acts complained of were permitted per-mitted in the parish of St Bernard out of the Jurisdiction of the city authorities CALLS ON SHERIFF The Governor immediately wrote to Sheriff Nunez of the parish In regard to the matter The Sheriffs reply apart a-part of the Governors letter Is dated St Bernard La February 2Sth He reports concisely that mules and horses were being loaded at Cnalmettc for the I British Government either directly or Indirectly but the loading was done by longshoremen of the city of New Orleans Or-leans supervised by Englishmen who might or might not be officers of the British army Certainly there was no one there In uniform In conclusion the Sheriff says NO BRITISH POST There Is no such thing as British post with men and soldiers established estab-lished at Port Chalmette So far as the recruiting of men Is concerned lam sure lean certify that It Is not being done In the parish of St Bernard As r understand the only men taken on the ships arc muleteers who are employed em-ployed In the city of New Orleans GOV HEARDS OPINION Gov Heard says it Is conceded by the British officers themselves that the animals an-imals were for the British army In South Africa Says he The burghers of South Africa are making a fight for their homes and their liberty which cannot but appeal I to the sense of fair play of tho American I Ameri-can people As the executive of the commonwealth of Louisiana whose people have always been ardent lovers of the Boers I cannot but feel that the establishment and maintenance of abase a-base of supplies for the British army our soil places upon me a upon soi a grave responsibility These mules and horses shipped from Port Chalmette are Indispensable In-dIspensable to the operations of the British army Hence they must be considered as contraband of war of greater value it seems than soldiers that England can so easily furnish from within her borders ENFORCE NEUTRALITY LAWS The Governor gives it as his opinion that It is the function of the National Government and not of the State to enforce en-force obedience of tho neutrality laws yet If the cut belongs to the State where the violation occurs ho would not hesitate to act as the law may warrant and calls upon the Secretary of State for his view on the matter BRITISH INSPECTORS VISIT In a postscript to his letter the Gov nor reports the arrival In New Orleans of Gen Sir Richard Campbell Stuart an aide of the British army on a tour of Inspection of the transport service In the vicinity of New Orleans He also encloses a number of clippings from newspapers and statements from Individuals as to the operations of the British remount service a transcript of the proceedings In court and 0 number num-ber of letters from individuals protestIng protest-Ing against the continuation of the animal shipments AFFIDAVIT IS PRESENTED The most Important of these Is probably prob-ably an iiflldavlt of one Tourenne sot ting forth his engagement for service on the transport Milwaukee signing articles before the British ViceConsul being assigned to duty by Lieut Thompson of the yeomanry of the British Brit-ish army and acting under his Orders to Capetown thence to Durban where horses were delivered to British olllccrs In uniform and where the men were not allowed toro ashorfi unless wo would agree to sign with the recruiting officer and Join the British army He also alleged that the Milwaukee was commanded by army offlcera SECRETARY HAYS REPLY Secretary Hays letter In answer to that of the Governor says I have received your letter of March 29th and submitted It to the President who directs di-rects me to Inform you that he has requested an opinion from the Attor neyGeneral In regard to the points I of law Involved In the matter to which It refers and ha also ordered an Immediate Im-mediate investigation of the facts in the case ATTORNEY GENERALS OPINION The AttorneyGenerals opinion is datQd April I He says that the principal prin-cipal question and 0 delicate one Is whether there has been a departure from neutrality on the part of our Government In this matter and notwithstanding not-withstanding the urgency of Pearson and Coy Heard he thinks tJilo Government Gov-ernment should not take any action without mature consideration by the President and his advisers CONTRABAND OF WAR He submits some tentative sugges tions First he Bays the sale of con traband of war sUP les to a belligerent belliger-ent ID held by many eminent authori ties to be unlawful and something whl ha neutral nation must forbid to its citizens but tho weight of author ity la the only way A rule of war now fully agreed upon Is that a neu tral nation shall not give lId to one of ih belligerents ju tho durrYlnl on of war Carrying on commerce with u belgrenlin tho manner usual before be-fore he war Is not giving such aicl < The m r Increased demand for warlike war-like articles and their Increased quantity quan-tity In tho commqrce does not make that commerce ceaso to b the same as before tho war ONE QUESTION NOT SETTLED I does not seem to be settled that the fact that the belligerent Government Govern-ment as 0 p purchaser nccds the neutral l Governments permission of the commerce com-merce Is a departure from the obligation obliga-tion to give no aid to the belligerent The fact that neutral merchants give aid to the belligerents from motives of gain seeking does not relieve their Government from Its obligation to prevent otherwise it would lie lawful to yupply warships with coal cannon and powder Tho difference lies In drawing the line between the right of carrying on and of Governmental permission per-mission to carry jon the commerce usual before the war and the obligation obliga-tion upon the Government and cllI l jjcns of the neutral Government to give aid to the belligerents DIFFICULTIES IN WAY The AttorneyGeneral adverts at some length to the difficulty In disposing dis-posing of these cases each different from the other and without exact precedent pre-cedent and he falls back on the principle prin-ciple recognized In International law lhat the preponderant characteristics must control the determination He enturs into long citations of cases In conclusion the nature of precedents and says in HIS CONCLUSIONS While decisions oC such matters have as In tho Alabama case principally pal r concerned war vessels and expeditions ex-peditions by sea it cannot he doubted that aid given fo an army engaged In actual warfare stands on tho same footIng ac all given to 0 fleet fo engaged en-gaged since both equally Involve f taking part by tho neutral In furtherIng further-Ing the military operations of the bel llgorent Nor should the municipal laws of England andrthe United States or of other countries be principally prin-cipally dealing with such vessels and expeditions Observe tho fact that aid can as well be given to military operations oper-ations of the belligerent the one way as the other by proceedings carried upon the neutral territory EACH CASE CONSIDERED From all that has been said I think It may be concluded that in determining de-termining whether 0 transaction of tho kind referred to which In one respect re-spect Is commercial In character is yet not entitled to enjoy the rights belonging be-longing to commerce but Is prohibited prohib-ited to the neutral nation and Its people peo-ple as beIng an aid to one of the belligerents bel-ligerents In currying on war against the other the criteria are practically Impossible to specify and enumerate in advance Each case that arises must be considered In all its circumstances cIrcum-stances and determined accordingly In the case before us there Is I no statement of fact by you upon which to give an official opinion as to the law and I do not understand that one has been requested A number of allegations al-legations and some testimony have been sent me and theyare sufficient to challenge attention But the first thing to be done Is to ascertain whether wheth-er the allegations are true I have endeavored as well a I o euld In advance ad-vance to indicate the law to be applied ap-plied to them and shall only add that among the points by which to be guided are the systematic character of the transactions their greater or1 less extensiveness their purpose in 1 time or tho reverse their Governmental Govern-mental character or the absence of I their objects and results and principally princi-pally of course their relations If any with the prosecution of the military operations In South Africa |
