go THE HAMILTON ASSOCIATION. 



The net result was free ships make free goods, but the converse 

 that enemy's ships make enemy's goods was not adopted. 



The United States was not a party to this declaration, but fol- 

 lowing the Christian tendency of the nation it did not adopt in the 

 late war the system of privateering, which has rightly been considered 

 by civilized nations only another name for piracy. 



So many questions arose about the American filibustering 

 expeditions prior to the recent war with Spain that it will be inter- 

 esting to look at the cases in which the use of neutral territory by a 

 belligerent forms a subject of complaint. There can be no question 

 that had Spain been in a condition to fight she would have declared 

 war long before the war actually broke out, by reason of acts in 

 breech of neutrality, and she would unquestionably have been 

 justified by international law, for one of the great questions is that 

 a neutral State cannot allow its territory to become a scene of 

 hostile operations to the disadvantage of one of two belligerents. An 

 example of a filibustering expedition was the Fenian incursion into 

 Canada, for which Great Britain was entitled to claim compensation, 

 but refrained. 



So, too, we see the operation of this rule when the United 

 States fleet was ordered by the British Government to leave Hong 

 Kong on the outbreak of the recent war, the rule being that supplies 

 can only be meted out by neutrals to belligerents in accordance with 

 the necessities in each case ; but the law even goes further, and the 

 intent of acts innocent separately, but culpable when combined, are 

 within the neutral jurisdiction. 



In accordance with this view it was contended on the part of 

 the United States before the tribunal of arbitration at Geneva that 

 the Alabama and Georgia, two vessels in the Confederate service, 

 were in effect armed within British jurisdiction. The Alabama left 

 Liverpool wholly unarmed on July 29th, 1862, and received her 

 guns and ammunition at Terceira, partly from a vessel which cleared 

 a fortnight later from Liverpool for Nassau, in the Bahamas, and 

 partly from another vessel which started from London with a clear- 

 ance for Demarara. In like manner the Georgia cleared from 

 Glasgow for China and received her armament off the French coast 

 from the vessel which sailed from New Haven, in Sussex. These 

 .acts, innocent separately, rendered Great Britain liable for the hugg 



