Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-11-09
j. S. CONVENTIONS
DENIED IN LONDON
Maritime Law Expert Regards
Note as "Uncandid, Ungen-
erous and Unfair"
ASSAILS FOREIGN OFFICE
Newspapers Give Present Life
and-Death Struggle as Reason
for Existing Conditions.
ASSAILs FOREIGN OFFICE

LONDON, November S.--Thomas Glib
son Bowles. one Of Englands best
known writers OH maritime law. speak
ing to-day with reference to the Amer
lean note. said that in many respects
he regarded II as "uncandid, ungencrous
and unfair"
He was equally severe I'm his stric-
lures on the British Foreign Office
which he declared had invited and
ipropoundcd new rules of sea warfare
resting on new principles. without war
rant either from the recognized law OF
nations or from any international In
struments"
The contention Of the United States
that Great Britain had not established
an effective blockade he regarded as
just. and this contention alone he found
worthy OF consideration in the note
with the exception OF the complaint
respecting detained ships subsequently,
released. as the innocent were forced
to bear the expense OF detention. This
Mr.. Bowles said. was unjust, though he
thought the matter small one rs
compared with the greater issues in
| volved.
MUST REMEMBER THIS Is
| NOT TIME FOR QUIDBLISG
II do hold" he said that in the
order In council, especially in the sug-
gestion that II establishes an effec-
| tive blockade. Sir Edward Grey has
gone wrong. that he has undertaken to
harass neutrals by methods In a way
not sanctioned by the law of nations
| SO far. ] agree with the note. Never
thel"ss, the note itself is in many re-
/ spects. ungcnerouS, unfair and uncan-
did. and the United States must remem-
+ her that we are lighting for our lives
| and the liberty of the world, and that
this is not n time for Quibbing"
Relative TO the protest against ships
being seized and taken into port mere
I ly on suspicion. Mr.. Bowles argues that
/ 1t is ridiculous to think that they can
! be effectively examined at sea, adding:
/ To say. as the note does, that during
the American Civil War there were no
| instances when vessels were taken into
port prior to sprize court proceedings
\ Ia tos state what is at once untrue and
actually impossible. What else was II
but upon conjectural suspicion that
during the Civil War the Springbok
was brought in and the case submitted
| TO prize court? 1t is the court and
the court alone. that hangs a murderer
! or confiscates cargo, or condemns a
ship.
UNMERITED REPROACH FOR
ENGLISH PRIZE COURTS
! Another argument suggested. rather
than used. in the American note is that
British prize courts. forgetful of their
| .,s l..
of nations and no other law whatever.
municipal or otherwise. have neverthe-
less decided cases as the British gov
crnment wishes. not as that law pre-
scribes. This reproach is as unmerited
American prize court.
our courts have repeatedly declared
and more than once acted on the prin-
ciple. that when the Will of the gov
crnment conflicts with the law II Is
the law, and not the will. that they
enforce"
| Mr.. Bowlcs referred 20 various prize
court rulings. which are regarded as
landmarks. pointing out how American
decisions are cited here. and English
precedents are cited in America.
Let 1t be remembered" he went on,
the law of nations can be found. not in
any contentious. and often inconsider-
| ate. utterances of either Sir Edward
| Grey or Mr.. Lansing"
| Referring to the order in council, Mr.
| Bowles said:
1T infiicts injuries because of the
unwarrantable exercise of unwarranted
| powers; yet it abandons belligerent
| rights whicE the law of nations au-
thorizes. If it had been drafted with
/ the double object of assisting the
| enemy and creating a quarrel between
us and neutrals. il could hardly have
been better drawn"
SURPRISE PREDOMINANT
TONE OF NEWSPAPERS
| Notwithstanding the forecasts of the
note sent from Washington by corre-
spondents of the British press, surprise
| is the predominant tone of the ma
| tority of the British newspapers in
| their comment. The country has been
| too deeply wrapped up in the considera-
! tion OF pressing European problems
! during the last few weeks to give
much attention to American opinion.
and apparently it was not aware that
the treatment Of American shipping
might furnish ground for a serious
controversy.
THE American note upon our inter
ference with neutral trade" says the
Pail Mall Gazette. will be read with
some surprise I'm this country. While
the duty of every power to keep vigi-
liant guard over the interests Of It's
own commerce will be freely recog-
nized. 1t must be felt that the United
States scarcely grapples with the
realities of the situation created, in the
first place, by the fact of war. and. in
the second. by tho criminality of German
practices. In some passages the note
seems to invoke the authority OF in
tornational law, ms If its problems could
be finally settled for one belligerent
| without reference to tho doings Of the
other,