New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-08

titled 90 proceed have become 1ucreas-
ingly veNatous, causing American hip
owners and American merchants 20 COM
plain % this government Of the failure
70 take steps 10 prevent an exercise Of
belligeren. power in cOntravention Of
their just rights. As the measures
complained of proceed directly from
orders issued by the British govern
mcnt, are executed by British author
titles and arouse reasonable appre-
hCnsion that If not resisted they may
be carried 20 an extent even more in
furious 10 American interests, this
government directs the attention OF his
majesty's government TO the following
considerations:
American Case Summarized.
Here follow in numbered paragraphs
the points made by the United States.
Summarized these points are:
The statistics Presented by Great
Britain TO prove an increase rather
than decrease in American trade "fail
to take into account the increased
price of commodities resulting from
state of war or to make any allowance
for the diminution in the volume of
trade which the neutral countries in
Europe previously had with the ma
tons at war;
Detentions by Great Britain have not
been uniformly based on proofs OBJ
tanned at the time of seizure, but many
vessels have been detained while search
was made for evidence" The question
has been one Of evidence 10 support
the belief-oi in many cases bare
suspiciOn-of enemy destination, or oc-
casionally Of enemy origin OF the goods
involved"
Attention is directed with regard to
search of neutral vessels az sea 10 the
instructions issued to the naval COM
manders of the United States, Great
Britain, Russia, Japan, Spain, Germany
and France from 1855 20 tn beginning
of the present war 10 low that search
in port was not contemplated By the
government of any of these countries"
An examination of the opinion Of the
most eminent text writer's OIL the laws
of nations shows that they give prac-
tically no consideration TO the question
Of search IN port outside Of examina-
tion in the cOurss C regular prize
court proceedings"
Answering the assertion Of Great
Britain that the position of the United
States in relation Of search az sea is
inconsistent with its practice during
the Civil War, the note says that this IS
based upon q "mIsconception.' A care
full search of the records "shOws con-
Clusively that there were no instances
when vessels were brought into port for
search prior to instituting prize court
proceedings" and that captures were
not made upon other grounds than evil
dence found on the ship under inyesti-
cation, and not upon circumstances as
certained fror' external sources" il is
here that Secretary Lansing appends a
copy of the instructions issued to
American naval officers on August Is,
1862.
In answer TO the British contention
that conditions relating TO the size and
seaWOrthlness of modern carriers JUS
tfy bringing vessels into port, there IS
cited the report of board of United
States naval experts, just made, in
which il is declared that IL is not nee
essary to remove every package Of
ships cargo" 20 establish the character
and nature OF her trade, that the fsclli-
ties for boarding and inspection Of
modern ships are in fact greater than
in former times, and that TO permit
ships 10 be taken into port "would be a
direct AID 20 the belligerents concerned
IN that it would release belligerent
vessel overhauling the neutral from its
duty Of search and set II free for fur
Their belligerent operations"
Here the note deals with new pro-
cedures in the prize courts, the effect
of which the United States complains
is "to subject traders TO risk of loss.
delay and expense so great d so NLr-
densome as to practically destroy much
of the export .-ade of the United States
to neutral countries of Europe"
Next is discussed the question of the
burden Of proof as t. the non-contra-
band of goods cOnsigr.ed ito order" the
United States arguing that none of the
cases cited ~ Great B.itain proves that
the burden of proof cal rightly be made
to rest upon the claimants.
Increased Exports Uncertain Guide.
The greatly increased imports of
neutral countries adjoining Great
Britain's enemies cannot be accepted as
laying down a just or legal rule Of evil
dencc that commodities are destined for
re-exportation 10 the belligerents.
Such Il rule, it is argued, offers too
great opportunity for abuse by the bel
l.gerents' and is opposed 80 those
Fundamental principles OF justice which
are the foundation Of the Jurisprudence
Of the United States and Great Brit
ain"
Attention Is directed 70 the fact that
Great Britain admits that her exports
to neutral countries have also material
ly increased since the present war
began. Thus, Great Britain" says the
note. "concededly shares IN creating a
condition which is relied upon as
sufficient ground TO justify the inter-
ception OF American goods destined 20
neutral European ports. II British eX-
ports 10 those ports should be still fur
Their increased u is obvious that, I'M
der the rule Of evidence contended for
by the British government, the pre-
sumption of enemy destination could
be applied 10 "a greater number OF
American cargoes, and American trade
would suffer 10 the extent that Brit
ish trade benefited by the increase.
Great Britain cannot expect the United
States TO submit 10 such manifest in
justice or 10 permit the rights Of its
citizens 20 be so seriously impaired"
Whatever may be the conjectural
conclusions drawn from trade stats
ties, the United States maintains the
right 10 sell goods into the general
stock o. "a neutral country, and de-
nounces "a illegal and unjustifabe any
attempt Of bellgerent 20 interfere
with that right on the ground that u
suspects that the previous supply Of
such goods in the neutral country
which the imports renew or replace has
been sold 10 an enemy. That is a mat
ter with which the neutral vender mas
no concern and which can in no way
affect his rights Of trade Moreover,
even 4 good. listed as conditional CON
traband are destined TO an enemy coun-
try through a neutral country. that fact
is not IN self sufficient TO justify
their seizure"
In view Of these considerations the