Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-12-31

the case OF one or TWO 1llegltlmate car
goes, it is recognized, has caused the
British government to suspect all
shipments The United States has no
evidence that there has been contra
band concealed in cotton cargoes, but
England has made two specific COM
plants Of it. Although not youching
for or confirming the charges, the
American government has thought 1t
advisable nevertheless to issue a
warning that one fraudulent shipment
must produce embarrassment to car
goes generally.
Secretary Bryan, discussing the note
with callers today, declined to give
any details. He described it as gem
eral statement summarizing the
American position in several specific
cases. Those neutral diplomats who
called to ask about the note were not
given a copy of it, but were informed
that the first newspaper report OF it
was accurate.
They were told that the state de-
partment would not deliver the text
OF the communication to foreign gov
ernments generally as it still regard
ed the note as confidential, the Amer
lean government itself having not it
self authorized its publication in part
or while. The general points on which
the note complains, and which have
BEEN the basis of several specific pro-
tests hitherto are substantially as fol-
lows:
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 inter-
national law unless full proof of hes
tile destination is presented at the
time. Serious loss. especially to perish
able goods, has resulted from such de-
lays in ships voyage.
2-Great Britain has regarded abso-
lutte and conditional contraband is in
the same class. The general UNDER
standing in international law has
been that absolute contraband includes
those articles whics are intended for
use by belligerent force and directly
destined to 1t. Conditional contra
band, including food stuffs, comprises
the articles which are SUSCEPTIBLE OF
use by an army or navy, but 1t must
be proven that instead of being in
tended for the civil population Of a
country, these products are destined
for use by it's army or navy.
retrospective of the controversy
| of what constitutes absolute or condi-
tional contraband in the commerce be-
| tween a neutral and belligerent
country, the note sets forth that in
respect 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
Continuous voyage" whice permitted
seizure of a cargo even in its jour
ney between neutral ports provided
eventually it was destined for a bel
ligerent The American note, however,
takes the position that proof of such
hostile destination must be shown at
| the time of seizure.
| 1.-The American government con-
tends that consignment sent to not
specific consignee. known as ITO
order" shipment. is not Of itself sus-
picious. 1t claims this may be an i'm
portant circumstance in proving case
but is of no inherent value, unless
other, facts are adduced, at the time
| of detention or seizure