Evening star., 1915-03-19
CABINET DISCUSSES
BLOCKADE PROTEST
Continued from First Page.)
band were to be followed. application
of both together being viewed "as hav-
ing no precedent in international law
A Parado1ica1 Situation.

A ParadoXtcal Situation.
THE paradoxical situation thus cre-
ated.'' the American note observed.
should be changed and the declaring
powers ought to assert whether they
rely upon the rules governing block
ade or the rules applicable when no
blockade exists"
After inquiring what would be the
disposition of various kinds of ship
ments. the American government asked
upon what principles of international
law would 1t rest"
And upon what rule If no blockade
Is maintained and declared" it contin-
ued. could the cargo of a neutral ship
sailing out OF German port be con-
demned? If it is not condemned, what
other legal course is there but to re-
lease it."
Great Britain's answer has indicated
that the cargoes diverted into British
ports and owned by neutrals will not
be confiscated. but restored to their
owners, but this will not affect the in
sistence Of the United States on the
legal right of it's subjects to ship car
goes of a non-contraband character to
and from neutral countries without in
terruptfon and regardless of their des-
tination.
During the civil war the United
states enforced rigid blockade Of the
while plying between neutral ports, but
In the famous Matamoros cases finally
| ruled upon by Chief Justice Chase of
the Supreme Court of the United States
voyage in shipments between England
and Mexico were not held to extend to
goods of a non-contraband character.
State Department officials, recalling
the case, pointed out that non-contra-
band goods were released and per-
m1tted to be forwarded to their desti-
nation in the Confederate states. These
| cases have formed the precedent for
American practice ever since, and the
decisions were accepted by Great Brit
ain at the time as equitable.
Continuous Voyage Theory.
The application which the allies now
have placed on the continuous voyage
theory is that cargoes destined ulti-
mately to an enemy may be stopped in
European waters even II Of a nom
contrahand character. Officials are
preparing to combat this with an array
of precedents showing that the rules
of international law generally accept
ed have been in accord with the
American doctrine.
High officials said that no COM
munication to the allies had been
finally drafted. but that memoranda
on the subject were being prepared.
1t was declared at the State Depart
ment that although the word block
ade" Is used by Great Britain in de-
scribing the object of her new meas
ures, the American government con-
siders that q blockade Is q question
of fact and requires certain advance
notifications to that effect which have
not been given. The order in council,
1t was. pointed out, did not mention
blockade" nor was any exact radius
of activity" given limiting the area
of operations, the announcement mere
ly combining it to European waters.
including the Mediterranean"
The belief of high officials is that
Great Britain to continue her outlined
course will be obliged finally to admit
that there is no legal basis for her
action, and that 1t is solely a retalia-
tory measure. resulting from the exi-
gencies of war.
Hint Of Retaliation.
Should such an admission be Of
hcially recorded. 1t might have a vital
effect, 1t was said, on the American in
terpretation of international law in
the future. Some officials thought. for
instance, that 1t no longer should be
charged as an unneutral act to levy
an embargo on supplies to the belliger-
enta. should Congress bestoW that
power on the executive.
COMMERCE WITH HOLLAND.