The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-08

INKS. compensation loI udilhE' bi't0
was arranged through diplomatic chan
nels.
Far Reaching Injury.
(.s) There IL. Furthermore. a real and
far reaching injury for which prize
courts offer no means Of PREPARATION. II
is the disastrous effect OF the methods
OF the allied Governments upon the gen.
erai right Of the United States 10 enjoy
its international trade free from unusual
and arbitrary limitations imposed by
belligerent nations. tnwarranted delay
and expense in bringing vessels into port
for search and investigation upon mere
suspicion has u deterrent effect upon
trade ventures. however lawful they may
be. which cannot he adequately meas
urcd IN damages, The menace of inter-
ference with legal commerce causes ves-
| sells to be withdrawn from their usual
trade routes and Insurance on vessels
and cargoes 70 N. refused, while ex-
J~crtcrs for tn. 80 me reason are unable
or unwilling ~ send their goods 20 for
eign markets and importers dare not
buy omnoditie abroad because of fear
Of their Illegal seizure or because they
are unable to procure transportation.
For such injuries there car he no REM
~dy through tho medium ot courts estsh-
NV " j wan u k'piS W
taineI or condemned. For specific IN
juries suffered by private interests prize
courts. II they arc free 10 apply tho
.aw Of nations. might met. out an ads-
uuate indemnity, but for the Injury TO
ths trade of a nation 10y the menace Of
lr"arI7uted interference with It's lawful
HI' Established pursuit there can mani
;.-tiy I've found no remedy In the prize
courts OF Great Britain, to which United
-
esq There Is another ground why
American citizens cannot submit their
wrongs arising out Of undue detent,ons
and seizures 10 British prize courts for
rtpara'iun which | cannot pass over I'M
noticed. II H. the manner in which
British courts obtain jurisdiction OF
such cases. The Jurisdiction over mer-
chant vessels on the high seas IS that of
the nation whose nag it rightfully flies
This is a principle u the law and prac-
tice Of nations fundamental TO the free
dom Of the high seas. Municipal enact
inents OF a belligercnt Power cannot con-
fer Jurisdiction over or establish rules
OF evidence governing the legality of
seizures Of vessels OF neutral nationality
on the high seas. International Law
llon" CONTROLS the exercise OF the bel.
iger.nt right To seize and detain such
vessels. Municipal laws and regula-
tions in violation II tn. international
rights of anotn"" IIt!on cannu lie eN.
tended 70 the vessels OF the latter on IN.
high seas 30 as to justify "a bell!g.rent
nation bringing them into it's ports. and
having Illegally brought them within Il.
territorial jurisdiction. compelling the
20 submit 10 the domestic laws and reg
ulations Of that nation. jurisdiction oh
t.ined In such a manner is contrary Il
those principles Of justice and equity
which all nations should respect. Sucl
practice should iuvalidate any DISPOSE
!, zion by "a municipal cou I Of propert,
, thus brought before II. The Govern
ment 81 the United states has. therefore
viewed with surprise and concern III
/, attempt Of his MAiesty's Government 4
confer upon the British prize courts jur
isdictiOn by this Illegal exercise Of fore
In order that these courts may apply 4
. vessels and cargoes Of neutral national
tiles. seized on the high seas. municlpa
laws and orders which rau only right
: t0rial waters Of Grcat Britain, or agains
: vessels of British nationality when o.
i the high seas.
Where TO Seek Redress.
,30) In these circumstance the Unite
states Government feels that II canno
. reasonably he expected Ia advise II
. citizens TO seek redress before tribunal
which are, In Its opinion. uuauthorize
by tho unrestricted application OF Intel
y national Law 10 grant reparation. nor I
refrain from presenting their claim
directly IL the British Go,ernmrI
. through diplomatic channels.
tSD This Government liz advised tha
\ vessels and cargoes brought In for g,
animation prior to prize proceedings Al
8 released only upon condition that cost
and expenses Incurred in the course ,
sich unwarranted procedure. warehous,
age, unlading costs, SC, be paid by Il
n claimants or on condition thai they sig
a waiver of right 10 bring s~ubsequei
claims against the British Governmei
for these exactions. This Government
e lOath 10 believe that such ungrnero,
treatment will continue IL he accord,
e American citizens by the ioyernmcl
~ 81 his Britannia Majesty, hut In ord
IS that the position Of the United stat
v Government may he clearly understo,
Is I take this opportunity 10 inform 70,
e Excellency that this Government dent
that the charges incident 10 such dets
tlons are rightfuiiy imposed upon Inn
IA cent trade or that any waiver Of I
as demnity exacted from American 81
liens under such conditions OF dure
an preclude them from Obtainlng rrdre
through diplomatic channels. or by whs
ever other means may he open 10 then
Vi (32) Before closing this note,
~ which frequent reference Is made to co
., traband traffic c~ontraband articl,
% II Is necessary. In order to avoid possit
DEMONSTRATION, that II should be clear
understood by his Majesty's Cover
ment that there IL no Intention In Il
g. discussion To commit the Gov~rnm,
| OF the United states 10 DOljcy