New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-29

must be shown that this was IN fact
their destination at the time OF seiz-
ure." ,,.n
This is perhaps the most farreaching
declaration of the American note, since
Il il were accepted by Great Britain
American trade with Germany and Aus
tria. virtually at a standstill now
would be resumed, affecting the prices
Of wheat. -four, livestock and the vari-
etv Of products which 60 to make up
"foodstuffs.'
Taking up the subject Of detention
of American ships at sea, the WASH
ington government states that It can
not tolerate undue delays IN eXamln J.
ing them. or the conveying OF sucn
ships 20 British ports for detailed eN-
animation. II argues that proof OF nos
tile destination Of the cargo must be
i'm evidence at the time Of search al
sea. The belligerent right OF search
the note adds, is fully recognized, but
il cannot be extended 20 the point OF
diverting American ships into bellger-
ent ports merely on suspicion.
The United States asserts, moreover
that IL views with growing concern
the detention Of scores of American
carpoes consigned from this country 70
neutral ports. contending that 1t should
be the duty Of the belligerent 70 pro-
tect neutral commerce and prevent IN
nocent merchants from suffering.
Complains of Discrimination.
One Of the most conspicuous com
plants cited in the note rs against the
treatment by Great Britain OF Amerl-
can cargOes Of copper. II IS charged
that Great Britain is not according the
same treatment 10 American trade IN
copper with the Scandinavian countries
"a to commerce in this product between
the United States and Italy under the
same conditions of shipment. Even
though the Italian government has pro-
claimed an embargo on the expectation
of copper from Italy 70 belligerent
countries. similar 10 the embargo IN
force in Norway, Denmark and Swe-
den. the consignments Of copper TO
italy from the United States are said
10 be held up while those 10 the Sean
dinavian countries are not mOlested.
The American government further
records its position on consignments
shipped "to order" or no specific CON
siRnee. stating that this circumstance
alone is not sufficient on which TO hold
American cargoes and Is Of itself not
suspicious. This view has been eX-
pressed by the Supreme Court of the
United States, but Great Britain an
nounced recently that cargoes shipped
ITO order" would be considered "sus-
pect." -,
To-day's note points out that TO hold
consignments marked "to order" proof
must be presented at the time when
the detention or seizure is made show
ing that a hostile destination IS IN
tended. or else a sufficient number OF
other facts must be advanced TO justify
further examination Of the cargo.
1t is in this connection that the
United States remarks that commerce
between neutral nations constitutes
the normal relations Of peace and not
war, and that the presumption of guilt
cannot rest on neutral shippers, but
the burden of proof must be imposed
on the belligerents who interfere.
Other Neutrals May Act.
Although the sending of the note
was not known TO members Of the
diplomatic corps tonight, and II IS
unlikely that the Washington govern
ment. with the exception Of the Brit
ish Ambassador will communicate IL
TO them unless they request il, high
officials thought it not unlikely that
the path marked by the United States
would be followed by other neutral
governments. South American nations
especially have been keeping in close
touch with the attitude of the United
States on subjects Of neutrality, and
i'm most cases have adhered TO the
American position. As the note in
wolves commerce mostly with Eu
ropean neutrals, il is believed that
diplomatic representatives. here Of the
latter will seek to learn the American
viewpoint for transmission TO their
governments.
The position of the United States as
expressed in to-day's note is cOnse-
quence Of several steps by Great
Britain, France and Germany on the
subject of contraband. Although the
Declaration of London, drafted in 1909,
embOdyng the previous understand
ings of international law and new rules
for the coduct of maritime warfare
with respect TO neutral commerce, had
not been ratified when the present war
broke out, il was thought for a time all
countries would adhere to II. Great
Britain, by an Order in Council on Au-
gust 20, last, declared the Declaration
of London effective with certain mOdl-
fications. Germany announced TO all
neutrals her willingness 90 adhere TO
the whole declaration if the other he'll
ligerents would The United States
took the position that il could not ac-
cept piecemeal adoption by the Allies
Of the Declaration Of London with
their own amendments, and declared
that il would be guided by the general
practices of international law. ire
spective of the Declaration of London.
The German government, in a formal
note to the United States and other
neutrals. then voiced its objections to
the British notifications. which SINH
larly the United States opposed.
TO-day's note follows in many I'M
portant points the argument then adj
vanced by Germany that British prac-
ticc with respect TO neutral commerce
was a distinct departure from many
previously accepted principles Of inter
national law.