The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-04
With International Law
SEIZURE OF THE NECHES
LAWFUL, IS


United States protests TO Great Brifoi,
against the detentioN aud unloading o.
the american steamship Neches, from
ROfteyddm to the United states, carry
ing goods originating in territory hei,
By Germany and consigned TO Amerf
cdns. This is the frs, specific case o.
the Kind arising under British order,
affecting American interests and is mad,
the occasion for a redsssr ton Of IN,
American position IN dental Of Brttisp
rights TO interfere 10Th shipments from
neutral countries 10 the United states.
The Secretary of State to A~mbassado,
Page.
DEPART MENT ~ STATE,
WAsHINGToN. July IL. 1915.
Ambassador Page liz informed that
II has been brought to the attention OF
the Department that the steamship
Neches of American register, sailing
from Rotterdam for the United
states. carrying n general cargo, after
being detained at the Downs. was
brought TO London. where II was re-
auired by the British authorities TO
discharge the cargo. the property of
American citizens.
II appears that the ground advanced
TO sustain TINS action IL that the
t ~ pau ~ ANtFN an
Belgium and fan. therefore. within
the provisions Of paragraph 4 OF the
order In council OF March IL, which
stipulates that every merchant vessel
sailing from a port other than a Ger
man port. carrying goods OF enemy
origin. may he rsiuired TO discharge
such goods IN "A British or allied
port.
Rcitrrntrs q. :. Position.
Ambassador Page is Instructed In
thus case 10 retterate the position OF
the Government of the United States
as set forth in the Departments in
struction Of March 80. 1915, with
respect TO the order in council men
toned. the International inval.d!ty OF
which the Government OF the tinted
states regards as plainly illustrated BY
the present Instance OF the seizure
OF American owned goods passing
from the neutral port Of Rotterdam
10 a neutral port OF the Unite. State.
merely because the goods came
originally from territory in the
possession of an enemy OF Great
Britain.
MIR Page rs also instructed TO in
form the Foreign ONCE that the legal
itN ~ this seizure cannot be adj.
mi,tod and that in the view Of the
Government OF the United states Il
violates the right of the citizens Of
one neutral To trade with those Of
another. as well as with those Of bel.
ligcrcnts except In c~ontraband or in
violation Of a legal blockade Of an
enemy seaport. and that the rights 81
American owners II goods Ia bring
them nut ~ Holland In due course
IN neutral ships mus, he insisted upon
by the United states. even though
such goods may have come originally
from the territories Of enemies II Great
Britain.
He j. directed further to insist upon
the desire of this Government, that
goods taken from the Neches. which
are the property Of American citi-
zens. should be eNpeditiously released
10 he forwarded 10 their destination.
and to request thai he be advised
OF the British Governments Intended
course "a this matter at the e~arll-~,
convenient to that t;oyeru-
mcnt
Great Britsin's Reply.
Great Brifain's rcpiv 70 I'nifed
states protest in Nech's casc.
Ambassador W u. Faye to the Sec
Rotary of state.
AMERICAN EMBASSY.
LONDON. July 81, 1915.
Sir Edward Grey ha, to-day sent
Inc the following note
The note which Our E,celIeury
addressed To mo on the 18th instant
regarding the detention OF the cargo
OF the steamship Nechss has. | need
hardly say, received the careful at
tention Of his Majestv's Government.
The note which ! had the honor
TO send TO YOUR ENcellency on the 23d
instant has already explained the
view of his Majestys Government on
the legal aspect OF the question.
though II was prepared before your
ENcellency's communication OF the
I'm had been received. and pending
consideration by the Government Of
the United states OF the views and
arguments set forth in the British
note OF the Esd IL is unnecessary for me
10 say more on the question OF right
or Of law
There IL. however. one general oh
servation thai seems ielevan, TO the
note from your Excellency respecting
IN. cargo Of the Neches.
1T Is the practice Of the German
Government In the waters through
which the Neches was passing TO sink
neutral as well as British merchant
vessels irrespective OF the destination
OF the vessel or origin OF the cargo.
anC without proper regard or proyi.
sion for the safety Of passengers or
crews. many OF whom have lost their
lives in consequence. There can be no
question that this action is contrary
10 the recognized and settled rules OF
international law as well as TO the
principles OF humanity.