Evening star., 1914-12-29
American Commercial Rights.

The American note TO Great 6rltaiH re-
garding interference with our commerce
by belligerent powers should be regarded
as merely a frank, plain statement OF the
contentious of this government on sub
iect which is of great Importance to our
people through its effect upon their trade
1t is not in any way to be Interpreted
as a challenge. 1t is couched In temperate
language, and is calculated to elicit from
Great Britain a clear statement OF its
policy In terms to effect an adjustment
satisfactory to the United States. 1t Is
commercially firm in its representations
concerning our own rights. and con-
siderate in its recognition Of the condi-
tions which naturally lead to Jealous ac-
tivity on the part of the British fleet in
maintaining watchful blockade.
The note recognizes the British right OF
search in time Of war. but it insists that
the search be conducted at sea. and not
in a belligerent port, unless the vessel
is found to be carrying goods which are
obviously contraband, in which case she
may be taken to a belligerent port for
further examination. On this point it
is not likely that Great Britain will raise
an issue The removal of a vessel to a
belligerent port from its course Is prac-
tically a seizure, and if no justification
for such seizure appears upon full examina-
ton the responsible power is guilty of an
Interference with free use of the seas
by neutral, which cannot be tolerated.
The most difficult question involved
in the case presented by the American
and on this point the contention Of the
fc haf h,,rd
of proof rests upon the belligerent
which undertakes to interfere with the
traffic, and that honest intention on the
part of the shipper is to be presumed.
Goods consigned to a neutral country
should be regarded as intended for
consumption within that country unless
there is substantial reason to believe
to the contrary. On this point the
United States makes particular ref
erence to an apparent discrimination
between the copper shipments from
this. country tG Scandinavia and those
consigned to Italy. the former being
permitted free transport while the lat
ter are checked by British warships. It
is difficult to see how Great Britain
will justify such distinction, and a
positive assertion of the right so to
discriminate is not to be expected.
1t is interesting to note that the
American protest regarding foodstufYs
cites Lord Salisbury to the effect that
'foodstuffs, with hostile destination,
can be considered contraband of war
only if they are supplies for the enc
mics forces: it is not sufficient that
they are capable of being 80 used; 1t
must be shown that this was in fact
their destination at the time Of seiz-
ure." With this British position a mat
ter Of record the government at Lon
don cannot conceivably now take q Diff
ferent ground and insist upon the right
to view all foodstuffs consigned to a
hostile country as necessarily contra
band Seizures of foodstuffs in such
circumstances will be at the risk of
the seizing government with the neces-
sity of proving actual designation for
the use of an enemy's forces.
In the conditions that prevail it is
only natural that Great Britain as well
as France should undertake to keep
out of Germany and Austria all possi-
BILE munitions and supplies the use of
which would strengthen their forces in
the field and increase their chances of
victory. 1t is also important for them
TO exercise their sea power to this end
without injuring and offending neutral
nations. Thus far in the war Great
Britain has manifested a marked spirit
OF accommodation to American inter-
ests and 1t is not to be doubted that
the temperate representation Of this
government in the present instance
will result in acknowledgements and
notifications that will materially free
legitimate American trade from the re-
strictions now encompassing 1t and re-
move possible cause Of serious fric-
ton between the two governments.