Evening star., 1914-12-31
Declare Note Not Brusque.

DSClAIo NOC0 MOL bTuSQue.
High officials of the Washington gov
ernment were somewhat surprised that
the American note had been regarded
as "brusQue' in some London quarters.
They said the British cabinet. which
has 1t under consideration, after a sin
gle reading of the document, must be
convinced that the United States had
spoken in the most friendly spirit,
though none the less earnestly and en-
phatically, on points on which ii con-
siders itself thoroughly justified under
the laws of nations.
There is nothing of peremptory char
acter in the note, nor Is 1t phrased IN
tones of Irritation; but those who are
matter-of-fact and frank statement oil
the difficulties experienced by American
shippers and the failure of the British
government to meet the various pro-
tests which have been made.
Thirty o. s. Ships Seized.
In all, it became known, thirty Amer
lean ships and cargoes. their value to-
falling millions. have been detained.
The American note points out specifi-
cally. however, that reimbursement for
previous damages alone cannot cure
the situation, as the activity of the
British feet has restrained many
American exporters, whose business
has become stagnant for fear OF the
numerous technicalities and risks IN
volved in shipments.
with respect to cotton shipments, the
case of one or two illegitimate cargoes.
it is recognized, has caused the brltish
government to suspect all shipments
The United States government has n"
evidence that there has been contra
band concealed in cotton cargoes, but
England has made two SPECIFIC COM
plants Of it. Although not vouchinS
for or confirming the charges, tne
American government has thouent t'
advisable nevertheless to issue warn
ing that one fraudulent shipment must
produce embarrassment to cargoes gem
orally.
General Points Of Note.
The general points on which the note
and which have been the
basis of several specific protests hither-
to, are substantially as follows:
l. American cargoes have been
searched on the high seas-a belliger-
ent right that Is not denied-but the
ships also have been diverted to ports
for further examination, circum-
stance held not justified under internal
tional law unless full proof of hostile
destination is presented at the time.
Serious loss. especially to perishabie
goods, has resulted from such delays in
a ships voyage.
2. Great Britain has regarded abso-
lutte and conditional contraband as in
the same class. The general under
standing in international law has been
that absolute contrabandz includes
those articles which are intended FOR
use by a belligerent force and directly
destined to it. Conditional contraband,
including foodstuffs. comprises the ar
ticles which are susceptible of use by
an army or navy, but 1t must be proved
that instead of being intended for tho
civil population of a country these
products are destined for use by Its
army and navy.
Neutrals' Commerce Immune.
8. Irrespective of the controversy
over what constitutes absolute or con-
ditional contraband in the commerce
between q neutral and belligerent
country, the note sets forth that in re-
spect to commerce between two neu-
trail countries there ought to be no
question Of contraband at all, for the
relations are those of peace and not of
war Since the civil war the United
States has upheld the doctrine of con
tinuous voyage" which permitted
seizure of a cargo. even in Its journey
between neutral ports, provided
1t was destined for bellig-
erent, The American note. however.
takes the position that proof of such
hostile destination must be shown at
time of seizure
4. The American government con-
tends that a consignment sent to no
specific consignee, known as a to
order' shipment. is not of itself sus-
picious. 1t claims that this may be an
important circumstance in proving
case, but is of no inherent value un-
less other facts are adduced. also, at
The time of detention or seizure.