The Washington times., 1915-02-21
All Blockade Usages Upset
By Germany in Present War
Precedents Set by Civil War Go for Naueht Result of
Advent of Submarines to Enforce Proclamation
Must Be Demonstrated According to American Idea.
BY JUDSON C. WELL1VER.

<h''Si many CENTURIES OF OoVCIODinB
custom which has pretty accurately de-
fined the institution Of blockade, tho
German empire has undertaken. in Of
iect. to renake International practice
regarding this incident Of war.
The present-day practice in come ction
with blockades is based very largely on
the experience and the decisions grow
Ing out of the American civil war. Fu-
ture practice Is likely to depend very
largely on decisions. made in the pres-
ent war. In which the United States will
appear as the most important neutral.
1t Is about 100 years since the modern
practice regarding blockades began to
develop. In olden time, 1t was the Gus
tom OF belligerent to forbid all COM
mercial intercourse with the enemy.
More Likely to Acquiesce.
The theory was. very much as now,
that the neutral thus forbidden to trade
with the enemy would be more likely to
acquiesce In this view than to fight for
the privilege Of continuing commercial
relations. There Is, Of course, strictly
speaking. no such thing as interns-
tional law-merely international pro-
cedure and precedent.
me international practice regarding
oiockades Is simple. The blockade be-
gins Win proclamation declaring that
specliled portions OF the littoral OF the
enemy Will after liked date be re-
sarded In state OF blockade. in
issuing this proclamation time enough
ls granted to permit all neutral vessels
10 get away from the blockaded area.
This notice, however. relates only to
vessels sailing toward the blockaded
area. Vessels within the Dlockaoed
area nt the time OF the proclamation
are not entitled to the same chance OF
getting away.
The ancient custom OF the blockade
assumed that all neutrals within the
biockaded area were enemies. and ships
and cargoes were pretty indiscriminate-
ly contiscated. But with the developing
Importance OF commerce 1t became ap-
parent that this was an unreasonabl Bile
imposition on the neutral countries, and
the custom developed OF difrerentiating
between trade In military necessaries,
and that in articles that could not par
ticularly affect the fortunes OF the
belligerents. The commercial and naval
countries have now united upon the
view that when a belligcrcnt has he
sieged q port Of the enemy. and the
tant. a blockade may be regarded as In
proper notice OF the blockade, the
blockading power Is conceded the right
to intercept and examine cargoes ind
to coniiscate them If they are obviously
intended to provision the blockaded
territory. The neutral who attempts
to land supplies is regarded as having
done an unneutral act, and his neutral
nag does not constitute protec..on
against seizure OF ship and cargo.
Not Only Proclamation.
A blockade must be more than a
proclamation-more than a mere dec
lsration OF intent to blockade. There
must be naval power sufficient actually
to prevent ships getting through the
lines. The mere proclamation does not
Justify a ~belligerent In sending out
few scattered cruisers to seize neutral
vessels and condemn them in a prize
court.
There is a most interesting parallel
between the submarine blockade which
ish Isles and the blockade Napoleon de-
clared in the same waters little moro
than a century ago. Napoleon was
fighting most OF Eurspe. Tho British
navy had blockaded France. just as
now it has invested Germany. Napo-
leon assumed. notwithstanding his In
ferior naval power. that he might iss,ia
a proclamation Of blockade and secure
the priv Nilege of capturing or destroying
neutral vessels attempting to trade with
SIcdI pIitdlil. ANupoiCVH NtN NV W.
sess the power to make his blockade
effective. 1t was aimed chiefly at the
United States. just exactly as the pres
ent German submarine blockade Is
commonly regarded as being directed
The result was that the United States
was brought to the verge Of war with
Great Britain and actually fought q
miniature war on the ocean with
France, although there was never q
ff,Vp ro
This old clash between the United
States and France was the direct result
of the attempt to maintain paper
blockade. 1t suggests the possibility OF
tempt to- terror!ze neutral vessels into
keeping away from Great Britain. In
International practice there Is all the
difference in the world between Ger
many drawing q Gordon OF warships
about the British Isles so that vessel
trying to touch there is practically GER
tain to be held up with a solid shot
across her bow. and Germany proclaim
ing q blockade which she has not the
power to make effective.
New Element Introduced.
But here the parallel ends. For Ger
many has introduced new element.
by the use of the submarine. The very
essence Of submarine warfare Is secrecy.
How Is the world to know whether
Germany has a large enough force of
submarines to make her blockade ef-
fective? They are not to be seen.
Their business Is to keep out Of sight.
II Germany insists that she has a large
enough force, who is to disprove her
claims? 1t Is true that the destruction
OF an occasional ship cannot be re-
garded as proof Of a real blockade: but
the very mystery of submarine war
fare adds to the chances in favor Of
Germany. because, Just as some people
are more afraid Of ghosts than OF
burglars so many mariners will be
more afraid of the submarine which
they cannot see than of the cruiser
which they could see.
Germany has said that inasmuch as
the submarine has no capacity to stop
and examine the suspected merchant
ship, and cannot put a prize crew on
board her. 1t Is necessary to send such
ships to the bottom; and neutrals have
been warned that they take the chance
Of this uncomfortable situation. Thus
neutrals will be taking chances that In
the past have not been taken by
blockade runners. For 1t has been the
uniform practice Of modern war that II
an enemy war vessel captured a
blockade-running merchantmen. and
WAS compelled to sink the prize for
want of opportunity to take her into a
friendly port. the passengers and crew
must be saved.
THE British procedure in short ha q