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passing strictures upon this peculiar ar- rangement, and it is extremely unlikely that any Russian diplomat would be eager to make a change. Its possibilities in the way of excuses, and explanations, and safe pur- veyance of political pie crust are too numerous to allow so convenient au arrange- ment to be lightly set aside. Indeed, we are told that the mere suggestion of any reform of that kind is looked upon with extreme disfavour." The formation of a Ministerial Cabinet was one of LOBIB MELIXOFF's proposals that was approved by TSAR ALEXANDER II., and it was one with other flashes of Imperial commonsense that, before and since, have been quietly shelved in the bureaucratic interests. In view of these, it is difficult to agree with Dr. DILLON that the Tsar de jure all power ful, is so de facto. "The promises made by the Taar himself," he says, "have been uniformly kept." If that be so, it was the duty of the "all-powerful" Tsar to see that the promises of the Foreign Office, made in his name and for him, were kept. Other- wise, being all powerful, he is laid open to a charge of sheltering himself behind this very peculiar arrangement referred to, and so discounting the merit of the few under- takings carried into effect. It may be "his word is better than parchment treaties," but if he permits the parchment treaties of his representatives to be worthless, his best could be bettered with advantage.
ROBBING THE MAILS.
a
(Daily Press, 21st July.) Wherever two are three are gathered together, there must Law be in the midst of them. It is one of the inventions born of gregarious humanity's necessity. Its evolu- tion, from pbratry law and tribal law to national law, is patent. International law has been evolved, but not yet perfected, from the world's shrinkage, from the greater frequency of contact of nation with nation. It is designed to meet the imperative need referred to, the need for mutual concessions, Whether it be nation and nation, or only man and wife, there has to be, if the wheels of life are to run with any smoothness, good deal of "give and take." As we have said, international law has not yet attained its evolutional acure. Ancient as it is in principle, it is as yet rawly new as to development. There are so few established precedents applicable to the fin de siècle problems constantly cropping up; so many moot points with no final authority to settle them, that the definitions recorded are still regarded as more academic than legislative. Thus, when in the Red Sea Russia demon- strates her notion of the "give and take principle by giving great provocation and taking the mails from neutral vessels, men speak of international law, without quite knowing the locality of the international law courts. The question of the status of these "volunteer or privateer cruisers of hers, as well as that of their passage through the Dardanelles, must be settled between the Powers, Turkey, and the offending nation. It is governed by the Treaty of Berlin, and resolves itself, apparently, more into a question of fact. It is the definition of contraband around which the knottiest problems have been congregating; and yet in molesting the mails, Russia has not con- fined herself, it would appear, to searching for such cargo, nor to contentment when it did not happen to be discovered. The car riage of despatches is not closely analagous to the conveyance of contraband cargo, although in the text books the branch of international law dealing with it is some- times classified as, and entitled, “ Analogues
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[July 25, 1904.
MAN-TRAPS AT SEA.
THE HONGKONG WEEKLY PRESS AND
of Contraband." Neutral vessels are, of course, expected not to carry despatches vital to the conduct of the campaign; and
(Daily Press, 22nd July.) it is very little use pleading that the carrier The dozen modern authorities on interna. was not cognisant of the contents of his tional law have almost as little to say on mail bag. The stoppage of despatches is so the new and unpleasant fashion of mine- essential a factor in modern war that every laying as had their thrice twelve predeces- latitude has been accorded to belligerents in sors, to whom, of course, it was unknown. this respect. The neutral carrier of letters Not one of them, we presume, ever had to carries out his task at his own peril, and his consider the ethics of mine-laying as it is knowledge of the nature of his charge is being conducted by the Russians in this constructively determined. That is to say, present war, a reflection, which, to the dis- his knowledge of the destination of the des- credit of a humane age, seems to go some patches is considered to be knowledge of way to justify that reactionary expression- their nature, and of recognition the "good old times." We hasten, here and of his own risk in taking them. now, to dissociate ourselves from the few who Supposing the Nippon Yusen Kaisha con- have charged the Russians, in this connection, tinued to carry the communications between with malice propense; but if the news, or the Japanese Government and its repre- rather the rumour, embodied in our Tientsin sentatives abroad, as it may be assumed telegram yesterday morning prove to be a that subsidised line did in time of peace, truth, it will go far to emphasise the com- Russia would be obviously correct in seizing plaint that civilisation has against Russia all it could catch, and it would be just as on account of her criminal recklessness in patently unfair for neutral vessels to carry sowing the seas with such deadly destruc- duplicate despatches, and thus rob Russia tive obstacles.
It is beside the question of the success she had otherwise obtained where these mines were originally deposited; by capturing the enemy's despatches. Lord whether they were planted in the high seas STOWELL'S ruling in the Atlanta case would outside the limits in which (we think with- be applicable. On the face of it, it might out just reason) some of the commentators be, and Russia appears to think it is, have agreed their bestowal was permissible; applicable to-day. But the same learned or whether they have drifted thither con- judge has established another definition, trary to the intent and purpose of their based upon an important distinction between artificers. That they were and are where despatches and ordinary correspondence. they had no business to be is a statement In the Caroline case, despatches were being amply confirmed by the notifications of the carried from the ambassador of one of the Chinese Imperial Customs. It is a practice belligerents, resident in a neutral State, to pregnant with danger at all times to non- his own country, and Lord STOWELL EU- combatants having business in the vicinity; phasised the distinction that exists between but conducted within understood limits, there an executive officer of the Government, con- does not seem to be any opening at present ducting its affairs (nud including, we sup- for effective protest. As the Russians have pose, its wars), and a representative residing been doing, it is murderous, but it is not war. in a neutral State for the usual purpose of It is almost as if one of the gladiators in sustaining amicable relations between his the arena, enraged by his inability to catch ' country and such neutral. The question of his opponent, were "running amok ' among destination, and source, again enters, to the spectators. The object of laying these determine the presumption as to the nature mines, as understood in the beginuing, was of the correspondence. Russia's right to
to do damage to the blockading ships, a examine any or all ships on the high seas proper enough design, so far as the laws of cannot be disputed. It is the incontestable war go, and one at which no one, not oven right of the lawfully commissioned cruisers the Japanese, could cavil. Neutrale have of any warring Power; but the legality of been notified, as is required by the practice these recent Russian confiscations of neutral of England and the United States, that mail bags is seriously called in question. If certain waters were unsafe for navigation; the mails from Europe are to be counted as
but such notices were never intended to contraband cargo, or as bellicose despatches, clear the traffic from all the waters that Russia might as well be permitted to stop cover the earth in this hemisphere. It will the mails between London and Canada, hardly be disputed that the unfortunate which, very likely, carry an occasional letter crew of the peaceful Hipsang (assuming for calculated to foster pro-Japanese sympathy the occasion the lamentable fact) came in North America. Such a letter could be under the category of ** persons upon whom construed into a military despatch, for there the incidence of belligerent pressure has has been about as much fighting for sym.
"been generally deemed illegitimate." pathy in this war as there has beea for Port Transfer the incident from the Yellow to Arthur. In the China seas, and the Sea of the Baltic Sea; suppose these mines to be Japan, there is much more likelihood of a floating there; what would the governments pregnant despatch being found, but some- of Sweden and Denmark not have to say how the Red Sea is regarded as healthier about them? The mere suggestion of such by Russian naval men. They may be safer a possibility converts it from a subject of there, but the energy they are displaying argument to a matter of conviction. If over the mail bags can serve no useful pur-soft-nosed bullets are to be considered in- pose, and it is, moreover, even from the Russian point of view, ́ ́had business.”
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permissible, on the ground that they cause Buffering to the enemy disproportionate to their military advantages, with how much more reason should these minės be tabooed,
Medhurst College, at Shanghai, was on the 12th to neutrals is made so clearly, apparent? The first Speech Day of the recently-opened when the probability of death and damage inst. The College, which is the first and only Especially is that so when they are distri British missionary boarding school in Shanghai,buted with the sceming promiscuity and is named after Dr. Medhurst, the first Protest- indifference to results that havo characterised ant missionary in Central China, who arrived in their use in the Russo-Japanese war. It is Shanghai sixty years ago. It was opened far from being our intention or desire to It is under the charge of the Rev. H. L. W. last March, and now has forty-four boarders.
encourage or enhance the storm of British Bevan, M., of the London Missionary indignation and resentment sure to be Society; Mrs. Bevan, the Revs. E. Box aroused by such news as was contained in and W. N. Bitton; and four Chinese our telegrams of yesterday morning. The teachers are also on the staff.
high-handed doings in the Red Sea were
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