South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-11-08
BLOCKADE IS HELD
ILLEGAL IN N0TE
Protest Against British Action
is Given Quits Long
est in History.


ances to which neutral commerce has
been subjected which were interrupt
ed by the acute crisis with Germany
over the sinking OF several passenger
vessels.
Inasmuch as the negotiations are
intended 10 bring about practically
the freedom Of the seas for which
Germany claims she is contending, the
American note receives added sig
nihcance from the fact that IL may
in a measure contribute toward
peace
The note which is said to be the
longest in American diplomatic his
tory is positive in tone, but uses no
phrases as strong as strict accounta-
bility" or others employed in the de-
mands on Germany.
Geographic Position No Plea.
The United States informs Great
Britain that 1t cannot with COM
placence suffer subordinatiOn Of it's
rights and interests 70 the plea that
the exceptional geographic position
of the enemies of Great Britain re-
quire or justify oppressive and illegal
practices"
Great Britain is advised also that
the United states "unhesitaHngly as
sumes' the task of champfoning the
integrity OF neutral rights against
the iawless conduct Of belligerents
arising out Of the bitterness Of the
great conflict which is now wasting
the countries Of Europe"
Formal notice Is served on Great
Britain that this government recOg-
nize the blockade instituted under the
order in council OF March Il and
cannot submit TO the curtailment of
It's neutral rights" by measures which
are admittedly retaliatory and there
fore illegal.
The effect OF the notice Of refusal
TO recognize the blockade is TO give
warning that hereafter every case OF
seizure and detention Will be held as
a subject for a demand for indemnity.
Heretofore this has applied only to
vessels detained on authority found
in an order in council or municipal
law. Although the blockade was os-
tensibly established by an order In
council. 1t was really created by ex-
pediency and necessity in the British
view. Therefore Il has been held that
in refusing to recognize orders in
council. the United States had not
necessarily declared itself on the
blockade.
Intcrferenccs VexatfOus.
The note describes Great Britain in
references with American ships and
cargoes as increasingly vexatious'
and denounces as illegal and unjusti-
fable her attempt to interfere with
right OF the United States 10 sell
goods into the general stock of a neu-
trail country.
Great Britain's contention that the
greatly increased exports of the Unit
ed States TO neutral countries justifies
the detention of vessels on the pre-
sumption that some comm ODDITIES are
being re-expOrted into enemy cOun-
tries. IS sharply disputed. The note
points out that British exports TO the
same countries have also materially
increased. BY a continuance of the
practice Of detention American trade
would suffer 10 the extent that British
trade would benefit. Great Britain
cannot expect the United States to
submit to such manifest injustice or
10 permit the rights of its citizens TO
be so seriously impaired" says the
American note.
Accordingly the United States AN
ticipates that the British government
will Instruct their officers TO refrain
from these veXatOus and Illegal prac-
tees"
Bad Faith Intimatcd.
An intimatiOn of bad faith on the
part Of Great Britain is contained in
the statement that the United States
was at first inclined 10 view its meas
ures with Ieniency, because Of assur-
sued which would minimize any incOn-
Venience that might ensue. but this
government sis now forced to the
realization that its expectations which
were fully set forth in its note OF
March 80 were based on a miscOnCep-
ton OF the intentions OF the British
government"
The position Of Great Britain that
Americans may seek relief in the
British prize courts IS vigorously al
most sarcastcally asSailed, as offering
''the form rather than the substance
OF redress"
1T is manifest" says the note that
az prize courts are bound by the laws
and regulations under which seizure
and detentions are made. and which
claimants allege are in contravention
% the law of nations. those courts are
powerless TO pass upon the real ground
OF complaint or 10 give redress for
wrongs OF this nature. How can
tribunal fettered in its Jurisdiction and
procedure by municipal enactments
declare itself emanCipated from their
restrictions and at liberty 20 apply
the rules OF international law with
freedom 2"
Sea Jurisdiction Discussed.
A portion OF the note is given over
90 discussion Of point which covers
the detention OF the American steam
ship Hooking. This government views
with surprise and concern" the at
tempt OF Great Britain 10 increase
the jurisdiction OF its prize court by
forcibiy seizing a vessel on the high
seas ia order that the court may app
ply municipal laws and orders which
can only rightfully be enforCible
within the territorial waters Of Great
Britain or against vessels OF British
nationality when on the high seas 90
The note denies the British asSer-
ton that its attitude regarding search
az sea IS Inconsistent with It's praC-
tice during the civil war, and eucloses
copy OF the instructions issued 10
American naval officers on Aug IS
1852. There is also a long list Of
vessels detained by the British author
tiles during the present war with de-
tails in many cases.