Omaha daily bee., 1915-08-04

the rules hitherto governing legal block
ade were formulated. and recognizes that
the form OF close blockade with its
Gordon of ships in the immediate offing
OF the blockaded ports is no longer prac-
ticsble in the face Of an enemy possess
ing the means and opportunity to make
an effective defensive by the use OF SUBJ
marines. mines and air craft
The only question then which can
arise in regard TO the measure resorted
to for the purpose OF carrying out a
blockade upon these extended lines is.
whether 10 use your excellency's wards.
they conform to the spirit and principles
OF the essence Of the rules OF war and we
shall be content 20 apply this test to the
action which we have taken insofar as
u has necessitated interference with neu-
trail commerce."
I Sir Edward Grey then refers TO the
American civil war blockade OF 5000 miles
Of coast with a small number Of vessels,
and recalls how the United States finally
took recourse TO blockading "neighboring
neutral territory which afforded convent
ent centers from which contraband could
/ be introduced into confederate territory
and from which blockade running could
be facilitated"
Oid PRINCIPLES Developed.
| Your eNcelloncy will no doubt remenn-
ber" wriate Sir Edward. How that in
order TO meet this new difficulty the old
principles relating 20 contraband and
blockade were developed and the doctrine
OF continuous voyage was applied and
enforced. under which goods destined for
the enemy territory was intercepted be
fore they rached Tn neutral ports from
] Isnfkl kl1h
The difficulties, which imposed upon
( the United States the necessity Of re-
shaping some of the old rules are some
what akin to those With which the allies
are now finding In dealing with tho trade
Of their enemy. Adjacent TO Germany
are various neutral countries which afford
/ II convenient opportunities for carrying
on It's trade with foreign countries. Its
own territories are covered by a net work
Of railways and waterways which enable
It's commerce TO pass as conveniently
through such ports in such neutral coun
: tries as through Its own. A blockade
limited 10 enemy ports would leave open.
routes by which every kind OF German
oomerce colud pass almost as easily as
through tho ports In its own territory.
Rotterdam Nearest outlet.
1
let for some Of the industrial districts OF
Germany. II SENS, accordingly, hat II II
be recognized that blockade IL in GER
tain cases the appropriate method OF IT.
torceptlng the trade Of an enemy country
and If the blockade can 'nly become ef-
fectlve 10y extending II TO enemy COM
merce passing through neutral ports, such
an extension In defensibie AMI in accori-
ance with principles which have met with
! general acceptance"
The note then refers to the case OF the
British ship springbok. seised by United
States cruisers during the civil war while
/ bound for the British West Indies. be-
cause II cargo. II was charged was TO be
transhipped to the confederate states. The
supreme court of the United States sus-
tained the seizure against the condemns
tion OF group OF prominent international
lawyers. although the United States and
British governments took the broader
view and recognised the development OF
the older method Of blockade. No protest
was made by Great Britain.
what is Important.
what IL really important. In the gen.
eral interest,"" says the note. rs that
adaptations OF the old rules should not
be made unless they are consistent with
the general principle upon which an ad-
mltted bolllgerent right IL based. II IL
also essential that all unnecessary injury
to neutrals should be avoided. With these
conditions Il may be safely affirmed that
the steps We are taking to intercept COM
merce on their way to and from Germany
fully comply. We are interfering with no
goods with which we should not be en-
titled to interfere by blockade II the
geographical position and the conditions
OF Germany at present we're such that its
commerce passed through It's own ports.
I'VE are taking the utmost possible
care not 10 interfere with commerce
genuinily destined or proceeding from
neutral countries. Furthermore. we have
tempered the severity with which our
measures might press upon neutrais by
not applying the rule which was In
variable in the old form OF blockade, that
ships and goods on their way to or from
the blockaded area are liable condemna-
tion"
The note then reviews AZ some length
the various forms In which blockades
have been maintained 20 show there has
been no uniformity OF practice In every
essential pointed declares;
THE one principal which IL funda-
mental and which has obtained universal
recognition is that by blockade belii-
gerent is entitled 20 cut off by effective
means the sea.borne commerce OF his
enemy
,Can't Maint0in Right.
Consequently. Sir naward argues. Il is
impossible TO maintain that the right OF
q belligerent 20 intercept the commerce of
his enemy can be limited In the way sug-
gested in the American notes on the sub
Ject.
HThere are many cases." he said. 1n
which proofs that the goods were enemy
property would afford strong evidence
that they wee OF enemy origin or
enemy destination, and II u only IN such
cases that We are OBTAINING them where
proof OF enemy ownership would afford
no evidence OF such origin or destination
We are not IN practice OF OBTAINING the
Eoo6s"
Sir Edwards note closes with the OBJ
servation that figures OF recent month
show that the increased opportunities af-
forded by the war for American com.
nierce have more than compensated for