The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-04-09


lish and maintain blockade OF an
enemy's ports and coasts and to cap
ture and condemn any vessel taken
when trying to break the blockade. It
! is even conceded the right to detain
and take to its own ports for judicial
examination all vessels which it sus-
poets for substantial reason to be en-
gagged in contraband service and con-
demn them if the suspicion is sus-
tained. But such rights, long clearly
defined both in doctrine and practice,
have hitherto been held to be the only
permissible exceptions to tie principle
of equality of sovereignty on the high
/ seas as between belligerents and ma
tions not engaged in war.
Neutrals Have Rights.
cit is confidently assumed that his
majesty's government will not deny
that it is rule sanctioned by general
practice that, even though blockade
should exist and tie doctrine of con-
traband as to unblockaded territory
be rigidly enforced, innocent shipments
may be freely transported to and from
the United States through neutral
countries to belligerent territory with
out being subject to the penalties OF
contraband traffic or breach of block
ade, much less to detention, requisition
or confscation.
Moreover the rules of the declara-
tion of Paris of 1856-among item that
free ships make free goods-will lnai,
! ly at this day be disputed by the Sc
natories of that solemn agreement.
"His majesty's government, like the
government of the United States, have
often and explicitly held that these
rights represent the best usage of war
! fare in the dealings of belligerents
with neutrals at sea. In t3is connec-
tion l desire to direct attention to the
opinion of the chief justice of the
| United States in the case Of the Pc
terhof, which arose out of the civil
war, and to the fact that that opinion
was unanimously sustained in award
of the arbitration commission of 1871
to which the case was presented at
the request of Great Britain. From
that time to tie declaration of London
of 1909, adopted with notifications of
the order in council of the 23rd OF
October, last, the rights have not been
seriously questioned by tne British
government. And no claim on the part
of Great Britain of any justification
for interfering with t-ese clear rights
of the United States and its citizens
as neutrals could be admitted.
Must Be Impartial.
"To admit it would be to assume an
attitude of unneutrality towards the
present enemies of Great Britain,
which would be obviously inconsistent
with the solemn obligations of this
government in the present circum-
stances, and for Great Britain to make
such claim would be for Ter aban-
don and set at naught tie principles
for which she has consistently and
earnestly contended in other circum-
stances.
"The note of his majesty's principal
secretary of state for foreign affairs,
which accompanies the order in coun-
Gil and which bears the same date,
notifies the government of the United
States OF the establishment of
blockade which is, if defined by the
terms Of tie order in council, to in
clude all the coasts and ports of Ger
many and every port of possible ac-
cess to enemy's territory But the novel
and quite unprecedented feature Of
that blockade, if we are to assume it
be properly so defined, is that it en-
braces many neutral ports and coasts,
bars access to them and subjects all
neutral ships seeking to approach
them to the same suspicion that would
attach to item were they bound for
the ports of the enemies of Great Brit
ain, and to unusual risks and penal
ties.
at is manifest that such limitations
risks and liabilities placed upon the
ships of a neutral power on the high
seas, beyond the right of visit and
search and the right to prevent the
shipment of contraband already re-
ferred to, are distinct invasion of
the sovereign rights of the nation
whose Slips, trade or commerce are
interferred with.
"The government of the United
States ic of course NOT OhliyionS to the