Contrabandista

“ The contrabandistas, if hard pressed, become desperate. Some dismount, use their horses as breastworks, and fire over their backs; others cut the cords, let the packs fall off to delay the enemy, and endeavor to escape with their steeds. Some get off in this way with the loss of their packages; some are taken, horses, packages, and all; others abandon everything, and make their escape by scrambling up the mountains. “And then,” cried Sancho, who had been listening with a greedy ear, “se hacen ladrones legítimos,”—and then they become legitimate robbers. ”

“ They travel by the roughest, wildest, and most solitary roads, where it is almost fruitless to pursue them. The custom-house guards do not attempt it: they take a different course. When they hear of one of these bands returning full freighted through the mountains, they go out in force, sometimes twelve infantry and eight horsemen, and take their station where the mountain defile opens into the plain. The infantry, who lie in ambush some distance within the defile, suffer the band to pass, then rise and fire upon them. The contrabandistas dash forward, but are met in front by the horsemen. ”

“ It is also essential to keep in mind that the question of contraband has nothing to do with a blockade, for, under this drastic method of making warfare, everything is contraband. Contraband is a term applied to cargoes, such as rifles, machine guns, and the like, which are needed in the prosecution of war.
That a belligerent nation has the right to intercept such munitions on the way to its enemy has been admitted for centuries. ”

“ Whether any given article should be treated as contraband is, in the first instance, entirely a question for the belligerent Government and its Prize Court. A neutral Government has no right to complain, of hardships which may thus be incurred by vessels sailing under its flag, but [131] is bound to acquiesce in the views maintained by the belligerent Government and its Courts, unless these views involve, in the language employed by Lord Granville in 1861, "a flagrant violation of international law." This is the beginning and end of the doctrine of contraband. ”

“ The reservation, then, in favour of confiscating property that is contraband of war has left the right of visiting and searching neutral or hostile merchantmen for contraband untouched; though nothing has been a more fruitful source of quarrel than the want of a common definition of what constitutes contraband. Anything which, without further manipulation, adds directly to an enemy’s power, as weapons of war, are contraband by universal admission ”

“ A far more important question is, I venture to think, raised by the Russian list of contraband, sweeping, as it does, into the category of "absolutely contraband" articles things such as provisions and coal, to which a contraband character, in any sense of the term, has usually been denied on the Continent, while Great Britain and the United States have admitted them into the category of "conditional" contraband, only when shown to be suitable and destined for the armed forces of the enemy, or for the relief of a place besieged. ”

“ When once banditry had become well established in any area, its suppression by force was rendered difficult because of the defective communications in the interior of the country. It is in regions which are difficult of access, where a few miles may involve days of travel, that large armed bands can move freely, appearing and disappearing suddenly, without their abodes and movements being known. When bandit suppression has been long neglected, and when the soldiers even co-operate with bandits secretly, as has happened often enough, traffic along highways and waterways is interfered with. ”

“ Voices of the Contraband. Solvuntur risu tabulæ. An epigram abolished slavery in the United States. Large wisdom, stated in fine wit, was the decision, “Negroes are contraband of war.” “They are property,” claim the owners. Very well! As General Butler takes contraband horses used in transport of munitions of war, so he takes contraband black creatures who tote the powder to the carts and flagellate the steeds. As he takes a spade used in hostile earth-works, so he goes a little farther off and takes the black muscle that wields the spade. ”

“ This frontier on the south has undergone few changes in the last half century, and no improvements have been made. Here the smuggler against both governments finds an inviting field. The bandit and the robber feel equally at home under either flag. Revolutionists hatch their plots against the powers that be; sedition takes on life and finds adherents eager to bear arms and apply the torch.
Within a dozen years of the close of the century just past, this territory was infested by a band of robbers, whose boldness has had few equals in the history of American brigandage. ”

“ In the districts of the interior, bandit suppression is much more difficult, because guerilla warfare inevitably develops.
Communism a challenge to the authority of the Central Government.But, though the personal armies of local Generals and the prevalence of bandit hordes throughout the country may disturb the internal peace of the country, they are no longer a menace to the authority of the Central Government as such. There is, however, a menace of this kind from another source—namely, Communism. ”

“ An unknown horseman goes through at the gallop, with haggard cheeks and dishevelled hair: ‘Up, to arms, they are here!’ Some natives rush up: it is only too true: they have seen them, the bandits are no more than a league or two away! The alarm bell booms out, the people fly to arms, line up in battle order, start off to reconnoitre. In the end, nothing happens, but their terrors revive. The brigands have only turned aside: every man must remain under arms. ”

“ A man to be a bandolero must have entrails of iron. This Pernales is of the right guts. He likes nothing better than to meet a policeman alone in the hills and to fight him to the death. The men of the Guardia Civil would capture and slay him if they could; but when they come up to him on the high road, he turns and gives battle with laughter and taunt, with ardor, strength, desperation, and ferocity! ”

“ The twelfth century men were great bandit-slayers. Probably there were more bandits to be slain because there was more wealth worth robbing in Western Christendom than formerly. The mercenary soldier, a man without a country, hired by the princes of the time for their big or little wars, was not far from the bandit, even when in campaign. In England the name of King John’s mercenaries was hated and feared for generations. In his times of unemployment, when he was drifting about the country he tended to become the bandit pure and simple. ”

“ I am especially desirous of emphasising the proposition that carriage of contraband is no offence, either against international law or against the law of England.
1. The rule of international law upon the subject may, I think, be expressed as follows: "A belligerent is entitled to capture a neutral ship engaged in carrying contraband of war to his enemy, to confiscate the contraband cargo, and, in some cases, to confiscate the ship also, without thereby giving to, the Power to whose subjects the property in question belongs any ground for complaint." ”

“ XIII. And in the same case, if one of the contracting parties, being engaged in war with any other power, to prevent all the difficulties and misunderstandings that usually arise respecting merchandise of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband so as to induce confiscation or condemnation, and a loss of property to individuals. ”

“ No belligerent has the right to declare that he will treat every captured man in arms of a levy en masse as a brigand or bandit.
If, however, the people of a country, or any portion of the same, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection. ”

“ There seems little certainty as to the exact circumstances under which a belligerent may treat foodstuffs as contraband, although it is generally admitted that under certain conditions such goods may be so considered. On the other hand doubt is expressed by many writers upon international law as to whether it is ever possible to treat as contraband of war such articles as are necessary for the sustenance of a people. ”

“ It appears to lead to some such general principle as this: when neutral vessels come within a certain distance from the enemy’s coasts (the offing) a belligerent may seize anything and everything, but until they come within that distance he can only seize contraband of war: which is not an accurate statement of the law. ‘Belligerent right’ is clearly the common factor; a belligerent has the right to declare what shall be contraband of war; he has the right to declare a blockade. ”

“ You can only blockade the ports of your enemy, and the South African Republics have no port of their own. The three other inconveniences must, however, all be endured—viz. prohibition to carry "contraband," prohibition to engage in "enemy service," and liability to be "visited and searched" anywhere except within three miles of a neutral coast, in order that it may be ascertained whether they are disregarding either of these prohibitions, as to the meaning of which some explanation may not be superfluous.
1. "Carriage of contraband" implies (1) that the goods carried are fit for hostile use ”

“ It may suffice to cite the paragraph which assumes as indisputable
"the rule that the lives of non-combatants, whether they be of neutral citizenship or citizens of one of the nations at war, cannot lawfully or rightfully be put in jeopardy by the capture or destruction of unarmed merchantmen,"
as also
"the obligation to take the usual precaution of visit and search to ascertain whether a suspected merchantman is in fact of belligerent nationality, or is in fact carrying contraband under a neutral flag." ”

“ What constitutes contraband is not precisely settled; the limits are not absolutely the same for all Powers, and variations occur in particular treaties; but, speaking generally, belligerents have a right to treat as contraband, and to capture, all munitions of war and other articles directly auxiliary to warlike purposes. The neutral carrier engages in a contraband trade when he conveys official despatches from a person in the service of the enemy to the enemy’s possessions ”

“ People came running to the scene from all directions. Many of them were armed with clubs, hatchets, crowbars, and such weapons as could be snatched up in a hurry. Some carried revolvers; and, as we stood awhile, unable for the press of the people to get forward, a fierce hand-to-hand fight was waged. Hard blows were given on either side, shots were exchanged, and blood flowed freely, until the police were beaten back in their turn and had to fly.
The mob whooped and yelled and halloed savagely over their victory, and pressed forward hot and eager to wreak their anger upon the flying men. ”

“ You went with a wagon-load of arms and ammunition to sell to Sioux Indians just bound for the war-path. You'd swing for that if there was any law in the land, but swing you shall—anyhow!"
"You dassn't touch us!" burst in the leader, sudden spirit and defiance in his tone, well knowing how powerless were the military in face of civil law. "We're no poor devils of dog-robbers. We demand protection and a fair trial—a jury of our peers; that means no hide-bound gang of soldiers. You can't prove we sold so much as a shot, an' you know it, an' you're only trying to bluff." ”

“ In the interest of the generally recognised principle of freedom of commerce between belligerents and subjects of neutrals, International Law does not require neutrals to prevent their subjects from carrying contraband; on the other hand, International Law empowers either belligerent to prohibit and punish carriage of contraband just as it—see above, § 383—empowers either belligerent to prohibit and punish breach of blockade. ”

“ Gibson Bowles in your issue of this morning rightly announce that every person engaging in breach of blockade or carriage of contraband "will be justly liable to hostile capture and to the penalties denounced by the law of nations in that behalf, and will in no wise obtain protection from us against such capture or such penalties." ”

“ Granting that an article like French sugar might be carried in a neutral vessel, there were still other articles, called contraband, which ought not to be made objects of neutral commerce; and England was obliged to define the nature of contraband. She was also forced to make free use of the right of blockade. These delicate questions were embittered by another and more serious quarrel. The European belligerents claimed the right to the military service of their subjects, and there was no doubt that their right was perfect. ”

“ Articles which a neutral nation is not allowed to carry to an enemy, are called contraband goods. What these are, it is impossible to say with precision, as some articles may in certain cases be lawfully carried, which would be justly prohibited under other circumstances. ”

“ That breach of blockade is as little punishable as carriage of contraband, seeing that it is but a commercial act of peaceable individuals, it being immaterial whether they are subjects of a neutral power or of the enemy. ”