Evening star., 1914-11-26
j. 5. WARNS POWERS
TO RESPECT RIGHTS
WithdraWs From "DecIaration
of London" and Insists
Treaties Be Observed.
COMMERCE VIOLATIONS.
EACH TO BE PROTESTED
Cablegram Sent to Gerard at Berlin
October IA Made Public by
State Department.

October IA Made Public by
State Department.
Warming by the United States te. al
European governments that belltger-
ent powers must respect this country's
commercial rights was officially an
nounced at the State Department last
evening, when the text of a cab1egran
TO Ambassador Gerard at Berlin was
made public.
This cablegram, sent October IA, made
it clear that the United States refuses
to accept piecemeal adoption OF the
principles of the declaration Of Lon
don as a guide to commercial restric-
tions during the war.
Mr.. Gerard had communicated pre-
liminary notice that Germany intend
ed to protest to this government
against alleged violation of the decla-
ration by Great Britain and France
The German ambassador, Count Bern
storff, called at the State Department
TO lodge the formal complaints. and the
text of the reply cabled to Ambas-
sador Gerard. copies Of which went to
all American diplomatic representa-
tives abroad, then was made public. 1t
follows:
please inform the German govern
ment that the departments suggest1on.
made to the belligerent countries, for
the adoption. for the sake OF uniform-
ity, of the declaration Of London as
temporary code of naval warfare for
use In the present war has been with
drawn because of the unwtlfngness OF
some of the belligerents to adopt the
cation.
q. S. Will Protest.
THE United States government there
fore will insist that its rights and
duties and those of it's citizens in the
present war be defined by the existing
rules of international law and the
treaties of the United States with the
beiiigerents, independently of the pro-
visions of the declaration, and this gov
ernment will reserve the right to en-
terra demand or protest in every case
in which the rights and duties men
toned above and defined by existing
rules of international law are violat-
ed or their free exercise hindered by
the authorities of the belligerent gov
ernments" 49,
The message was signed by Counsel
or Lansing. then acting Secretary Of
State
The declaration of Lendon framed at
an international conference in London
from which it drew Its designation.
was designed as a uniform naval pro-
by all powers participating in the con-
ference. 1t set out definite. declara-
ttons as to what articles should be
considered contraoand Of war, and de-
fined the rights of neutral shipping.
The declaration was generally viewed
as marking a great advance over the
conflicting practices the several ma
tions had applied during periods Of
results to neutral shipping. 1t never
has been ratified. however, by all Of
the powers which participated in the
conference.
Not Ratiaed by England.
The United States and Germany are
among the powers which have recorded
their acceptance of the declaration,
while Great Britain has not taken this
action. One article of the declaration
provides that 1t shan be binding as
between bellieereDt powers only upon
those by which it has been ratified.
Soon after the outbreak of the Euro
pean war it became evident that while
they recognized in a general way the
spirit OF the declaration. some Of the
belligerent powers INTENDED to insist
upon great notifications OF important
details. basing their action upon the
fact that they had not formally ratified
The convention.
Since the declaration was, in fact, q
compromise between the extreme views
of the several governments which par.
ticipated in the conference. q high Of
hcial here pointed oMt today that 1t
would have been neither just nor fair
in the opinion Of this government to
consent to any modification without the
agreement of all parties. On this the
ory. the State Department felt obliged
declaration, even before the German
protest was received.
Deals With SPECIFIC Complaint.
In the course of his conversation with
Ambassador Bernstorff Counselor
Lansing made it clear that in the alb
sence of general rules, such as the
declaration. to which all parties sub
scribe, the United States government
could deal only with specific COM
plants the German government might
wish to present where it felt this gov
ernment had been remiss In the fulfill-
ment of it's duties as a neutral state.
The German bill OF protest presented
yesterday contains several specific
declarations, but the State Department
has as yet made no reply to these. II
Ia said. however, that the German posi-
tion that the British have violated the
spirit of the declaration of London by
seizing or OBTAINING food supplies car
ried in neutral bottoms and consigned
10 German ports. directly or indirectly
is recognized by United States officials
as entirely sound.
The same iH true as to the complaint
against the removal Of German citizens
not yet In a military establishment
from neutral ships. and also the ex-
tension by Great Britain of her contra
band lists FAR beyond the limits fixed
IN the London convention.
Forging a New Code.
In the opinion Of American officials
however, no way is open to the United
States to require adherence by all bel.
ligerents TO the strict letter Of the decla-
ration of London Great Britain has
never ratified the declaration and Ger
many and Austria are therefore ab-
solved by tho declaration itself from ad
herence to its terms. 1t was this stu.
alton that led the State Department tc
revert to the old practices of interna.
tional law and treaties for guidance dur
ing the present war.
The department has been at work yfr-
tually since the outbreak of war. forg-
ing out code of its own for the treat.
ment of questions of contra hand and
neutrality. 1t is hoped that this code
can be devised with such fairness ano
tmpartiality that II will commend ttseil
10 all of the belligerents. 1t Is recog.