New Britain herald., 1915-01-01

- ls{1 n = l4 - Il 7,I| - order that we may determine the steps necessary to protect our citizens, engaged in foreign trade in the rights and from the serious losses to which they are liable through ignorance of the hazards to which their cargoes are exposed. s
 Conditional Contraband.
 ''In the case of conditional con- traband, the policy of Great Britain appears to this government to be equally justified by the established rules if international conduct. As evidence of this attention is directed to the fact that number of the American cargoes which have been seized consist of food stuffs and oth- CT articles, which are admittedly rela- tive contraband. In spite of the pre- sumption of innocent use, because destined to neutral territory the British authorities make these seiz- ures and detentions without so far as we are informed, being in possession of facts which warranted: a. reason able belief that the shipments had in reality a belligerent destination, as that term is used in international law. Mere suspicion is not evidence, and doubts should be resolved in fav- or of neutral commerce, not against it. The effect upon trade in these ar ticles between neutral nations re- sulting from interrupted voyages and detained cargoes is not entirely cured by reimbursement of the own CTS for the damages which they have suffered, after investigation has failed to establish an enemy destnia- tion, The injury is to American com merce with neutral countries, as whole, through the hazard of the enterprise and the repeated diversion of goods from established markets.
 Often Mere Fear #
 'It also appears that cargoes of this character have been seized by the British authorities because of a belief that though not originally in- tended by the shippers. they will ul- timately reach the territory of the enemies of Great Britain. Yet this belief is frequently reduced to a mere fear. in view of the embargoes which have been decreed by the neutral countries, to which they are destined on the articles comprising the cargoes.
 That consignment to ro1er' of articles listed as conditional contra band and shipped to a neutral port raises a legal presumption of enemy destination appears to be directly contrary to the doctrines previously held by Great Britain and thus stat ed by Lord Salisbury during the South African war:
 " 'Foodstuffs thought having hos tile destination, can be considered as contraband of war only if they are for the enemy forces; it. is not suf- ficient that they are capable of being so used, it must be shown that this was in fact their destination at the time of their seizure.
 Belligerents's Rights.
 With this statement as to condi- tional contra band, the views of this government are in entire accord and upon this historic doctrine, consist ently maintained by Great Britain when a belligerent as we'll as a neu- tral, merican shippers were entitled to rely.
 "The government of the United States readily admits the full right of belligerent to visit and search on the high seas the vessels of Amer ican citizens or other neutral vessels carrying American goods and to de- tain them when there is sufficient ev- idence to justify belief that contra band articles are in their Cargoes: but his majesty's government, judg- ing by their own experience in the past, must realize that this govern ment cannot without protest permit American ships or American cargoes to be taken into British ports and there detained for the purpose of searching generally for evidence of contraband or lupon presumpt created by special municipal enact ments which are clearly at variance with international law and prac- tice.
 Situation Critical.
 This government believes and earnestly hopes his majesty's gov ernment will come to the same be- lief, that a course of conduct more in conformity with the rules of inter- national usage, which Great Britain has strongly sanctioned for many years, will in the end better serve the