contested. To deny to an insurgent the right to prevent the enemy from receiving material aid can not well be justified without denying the right of revolution. If foreign vessels carrying aid to the enemies of the insurgents are interfered with within the territorial limits, that is apparently a purely military act incident to the conduct of hostilities, and, like any other insurgent interference with foreign property within the theatre of insurrection, is effected at the insurgent's risk. To apply these observations to the four points presented in Professor Wilson's memorandum, I may remark: 1. Insurgents not yet recognized as possessing the attributes of full belligerency can not establish a blockade according to the definition of international law. 2. Insurgents actually having before the port of the state against which they are in insurrection a force sufficient, if belligerency had been recognized, to maintain an international law blockade, may not be materially able to enforce the conditions of a true blockade upon foreign vessels upon the high seas even though they be approaching the port. Within the territorial limits of the country, their right to prevent the access of supplies to their enemy is practically the same on water as on landfensive act in the line of hostility to the enemy. -a de Certain conclugent blockade. sions as to insur an enemy. in 3. There is no call for the Government of the United Insurgents never justified in States to admit in advance the ability of the insurgents to treating a neuclose, within the territorial limits, avenues of access to ternal waters as their enemy. That is a question of fact to be dealt with as it arises. But in no case would the insurgents be justified in treating as an enemy a neutral vessel navigating the internal waters-their only right being, as hostiles, to prevent the access of supplies to their domestic enemy. The exercise of this power is restricted to the precise end to be accomplished. No right of confiscation or destruction of foreign property in such circumstances could well be recognized, and any act of injury so committed against foreigners would necessarily be at the risk of the insurgents. The question of the nature and mode of the redress which may be open to the government of the injured foreigners in such a case hardly comes within the purview of your inquiry, but I may refer to the precedents heretofore established by this Government in enunciation of the right to recapture American vessels seized by insurgents. I have the honor to be, sir, your obedient servant, JOHN HAY. 2056-04- -14 INDEX. ADMIRALTY JURISDICTION. See JURISDICTION. ADULA- Case of (105). AGENTS- Immunity of those of foreign governments in United States courts (38). To blockaded port unwarranted, even to make inquiries, by master knowing of ARBITRATION— Fur seal (Bering Sea). See BERING. ARMS- Distinction between arms as cargo and as equipment (130); generally contra- ARREST- Of deserters under foreign flag in home jurisdiction (192). ASSIGNMENT- Neutral title by, to cover enemy interest, overridden by captor's claim (163). Status of Yale in Spanish-American war (200). Operation of neutrality act not necessarily dependent upon state of (23); nor BENITO ESTENGER- Case of (136). BERING SEA- Award of Arbitration Tribunal in matter of the preservation of fur seals, and of BILLS OF LADING- Only quasi negotiable (154). Different kinds of (47); difference between military and commercial (49); actual, 211 (120); effectiveness of can not be disputed by vessel captured after once being warned (45); of north Cuban coast instituted and proclaimed (60); of Guantanamo competently established (109); insurgent (207); strict, and measures attending its exercise (207); strict, can not be established by unrecognized insurgents (208, 209); limitations upon insurgent blockade when belligerency is recognized (208, 209). BLOCKADED PORT Masters knowing of blockade must not approach, even to make inquiries (112). BOUNDARY Between Great Britain and Venezuela, title by prescription recognized (165) BRITISH FOREIGN ENLISTMENT ACT (31). BUENA VENTURA Case of (70). BUNDESRATH Correspondence in case of (195). CABLES Cutting of neutral, in enemy waters not ground for indemnity (194). CAPTOR Claim of, overrides neutral title by assignment to cover enemy interest (163). CAPTURE Probable cause exists for, when circumstances warrant suspicion (57); justified by probable cause (79); right of, unaffected by secret liens or private engagements (155). CARGO On enemy vessels is presumably enemy property (151). CARLOS F. ROSES Case of (146). CAUSE Probable, for capture, exists when circumstances warrant suspicion (57). CHARTER Of neutral vessel to an enemy makes her to a certain extent an enemy vessel (120). CHINA Extraterritorial jurisdiction of consuls in (176). CIVILIAN Officers and crew of auxiliary cruiser Yale "in the service" (201). COAST FISHING VESSELS Exemption from capture, see EXEMPTION; Sampson's dispatch concerning (102); Department's answer (103). COLONY, DISTRICT, OR PEOPLE Why words were included in act of 1817 (27); application of words (28, 29). CONDEMNATION— Colorable transfer is ground for (142). CONTINUOUS VOYAGES- Case of the Bundesrath (195). CONSULAR FUNCTIONS Assumption of by naval officers during military occupation (205). CONSULS Extraterritorial jurisdiction of in China (176); those of the United States have no authority to give a license of exemption to enemy vessels (141). CONTRABANDArms: Cargo as opposed to permanent equipment (130); arms and ammunition generally contraband (131), but not when kept on board solely for defense against "enemies, pirates, and assailing thieves" (132); provisions are not, in general, but may become so (139). COOPERATION British China Station orders concerning (177). CRUISER Auxiliary: Case of Yale (200). CUBA Declared free and independent by joint resolution of Congress (58). DATE Of sailing unimportant if prior to that set for beginning of war (76, 78). DECREE Spanish, at opening of war with the United States (61). DESERTERS Arrest of, under foreign flag in home jurisdiction (192). DISTRICT Application of words "colony, district, or people" in neutrality act (28, 29). DUTIES Accrue to military occupant (204). EFFECTIVE BLOCKADE. See BLOCKADE. ENEMIES- Who are, in general (137); status of, not affected by individual acts of friendship (140). ENEMY PROPERTY Determined by illegal traffic (137). ENEMY STATUS Not affected by individual acts of friendship (140). ENEMY VESSEL Cargo on board is presumably enemy property (151). EXEMPTION FROM CAPTURE Not governed by a state's diplomatic attitude, but by international law (66); only for vessels on original voyage from the United States (77); none for enemy vessels because of neutral ownership (69); vessels sailing shortly before as well as shortly after war began included under President's proclamation (78); none by international rule for mail ships (128); none for ships carrying government mail except by express order of the government (129); consuls of the United States have no authority to grant to enemy vessels (141). EXEMPTION FROM CAPTURE, COAST FISHING VESSELS— History of rule (82); doctrine familiar to United States (84); recognized by the United States in treaties with Prussia (85); interrupted during French Revolution (86); recognized by United States in Mexican war (90), and in treaty with Mexico, 1848 (93); not denied since 1806 (94); opinions of various writers (94); now established rule (101); voided by warlike employment (101); does not include "great fisheries" (101); attitude of United States in Spanish war (102). EXILES Reentry of American, into foreign countries (193). EXTRATERRITORIAL RIGHTS In Shanghai (174); of consuls in China (176). FISHERIES Coast, see COAST FISHING VESSELS, also EXEMPTION; great, not included in exemption of coast fishing vessels (101). FOREIGN ENLISTMENT ACT, BRITISH (31). FUR SEALS Award of Arbitration Tribunal (168); concurrent regulations for preservation and protection of (170). GUANTANAMO— Blockade of, competently established by Admiral Sampson (109). |