Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-19
Protest to Be Sent to Great
Britain and France Now Be
ing Prepared.
POSITION OF THIS COUNTRY
Attitude Not Altered as Result
of Explanations in Recent
Exchange of Notes.

'if'.H as 10 WHAT warrant there Is un-
der international law for the establish
ment Of al embargo on all commercial
intercourse, directly and Indirectly. be-
tween Germany and neutral countries.
II was stated officially at the State
department to-day that this govern
men: si.Il does not know whether the
action OF the allies is Intended as a
legal blockade or whether ordinary
rules Of raband and noncontraband
are to nc their legal basis for future
detentions. On n dcterminati tion OF this
question probably will depend not only
the nature cf any steps to be taken
b" the United States now. but also the
basis for damage claims arising out
OF the interruptions to American COM
mcrce.
POSITION OF UNITED STATES
SUBSTANTIALLY OUTLINED
In preparing the protest to be sent
to Great Britain and France the posi-
tion of the United States substantially
Is as follows:
!. II the action Of the allies is n
blockade, all commerce directly with
Germany can be halted by making the
blockade effective. a certain radius of
activity" being allowed for the block
aiding warships of the German coast
because OF the newly DEVELOPED ac-
tifitY OF submarines. But there can be
no legal blockade Of the coast of ncu-
tral countries of Europe contiguous to
those at war under any circumstances
and commerce between the United
States and neutrals. especially in non
contraband, should be free from inter
ruption. irrespective OF ultimate des
tination.
:. If the action Is not n blockade.
then there exists no legal right to de-
tain cotton or other noncontraband
cargocs, even when consigned directly
to German ports. Nor can foodstuffs
or conditional contraband be Justly
interrupted unless proven, though con-
signed to Germany, to be destined for
the use Of its belligerent forces and not
its civilian population Under the
same circumstances, too, there "a no
legal basis for OBTAINING carsoes con-
signed from the United States to the
neutral countries OF Europe il con-
tanning cotton or noncontraband goods
irrespective of ultimate destination
"laiiary' the allies cannot. under the
previously accepted principles of in
.erha uonai law, interrupt shipments Of
foodstuffs and other conditional CON
nj
States and neutral countries. unless
clearly proven to be going eventually
to the belligerent forces OF Germany
and not its civilian population.
3. Neutral countries of Europe NAV
declare embargoes on RECOMMENDATION ~,
contraband or noncontraband thus nro
venting supplies from reaching Ger
many. With this sovereign right the
United States does not take issue. bur
II VIII insist on its right to shin 10
neutral countries, placing the burden
or stopping further progress on the
latter nations themselves.
DOES NOT AFFECT STATUS
OF INTERNATIONAL LAW
In considering the foregoing proposi-
lions oinclals realize that Great Brit
ain and her allies have set up tho
claim that their actions constitute re-
taliatory measures against Germany
but this. in the view OF the AmerIc.n
government, does not affect the status
of international law as between tbe
United States and the belligerents.
The American attitude has not he.n
changed materially as a result of ex-
plantations in the exchange OF notes
with Great Britain and France. On
whatever com ommunications or protest.
are made by the Washington govern
ment to safeguard it's rights, there will
be n reitcration. it is understood or
the questions asked in the identica
inquiry to Great Britain and France.
in this the allies are asked whether
the rules OF blockade or the rules gov
crninS con;raband and noncontraban nj
were 10 be followed, application of both
being viewed 'as having no precedent
in international law"
Great Britain's answer has indicated
that the cargoes diverted into British
ports and owned by neutrals will be
restored to their owners. but this vii,
not affect the insistence of the Initial
States on the legal rights of its sub-
5ects to ship cargoes OF nonoontro
band character to and from neutral
countries without interruption and re-
gardless Of their destinations
During the Civil War the ITn;ted
States enforced n rigid blockade of Tho
Southern waters by stopping carpoe.
while plying between neutral ports but
in the famous Matnmoros ases. finally
ruled upon by Chief Justice Chase. of
the Supreme Court OF the United Statee
the rule OF blockade and continuoua
voyage In shipments between England
ana Mexico were not held to extend
TO goods OF noncontraband character.
state Department officials recalling
tho case to-day, pointed out that non
contraband goods were released and
permitted 10 be forwarded to their
destination In the Confederate States
These cases have formed the precedent
for American practice ever since the
decisions were accepted by Great Brit
ain at the time as equitable.
NOT FINALLY DRAFTED
High officials said to-day that no
communication to the allies had been
finally drafted, but that memoranda on
the subject were being prepared It
was declared at tho State Department