Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-06
Exeeptiens 70 EquaI

Exceptions 70 EquaiiH
"A belligerent nation has 1ken con-
coded the right Of visit and searce'
and the right Of capture and conde1h-
nation. If upon examination a heu
trail vessel is found to be ensaseu ~
unneutral service or to be carryiiis
contraband of war intended lor 'no
enemy's government or armed Iolcss
II has been conceded the rlsne ~
establish and maintain plockaue Va
an enemys ports and coasts anu W
capture and condemn any Vessel '"h1,.
in irving to break the blockade ~
is even conceded the right 10 oe'a."
and take to it's own ports LOT jun!
ciaI examina ton all vessels Whlch II
susnects for substantial reasons 10 DC
anpaped in unreutral or contraoaio
service and to condemn them II the
snsncion is sustained. But such
rights long clearly defined both III
doctrine and practice. have hltherto
hoan hold to be the only permlsslpl7
executions to the principle Oh UNI
versal equality OF sovereignty on 'hs
high seas as between belligerents al"
nations not engaged in war.
.It is confidently assumed that his
M. iestv's government will not deny
Thai il is a rule sanctioned b" gen.
aro1 nrsctice that even though a
blockade is declared and the doctrine
NJ contraband as to unblockaded ter
story Is rigidly enforced, innocent
sbinments may freely be transported
~ and from the United States through
,,eutral countries to belligerent terri
tow without being subjected to the
PENALTIES Of contraband traflc OF
hraach Of blockade, much less to de-
tention, requisition or notinca'ioh'
Rules of 1856
| "Noreoyer. the rules of the Declar-
alton of Paris of 1S56-among them
that free ships make free gooos--Wll
hardly at this day be disputed by the
sienatories of that solemn agreement.
"His Maiesty's government, IKE the
government of the United States nave
often and explicitly held that these
rights represent the best usage OF
warfare in the dealings or belilSer-
ents with neutrals at sea. In 'hlS
connection l desire to direct attention
to the opinion of Chief Justice or the
United Statesin the case OF the re-
| terhof which arose out OF the civil
war and to the fact that the OPINION
was unanimously sustained in the
| award of the arbitration commission
| of 1871. to which the c>se was pre-
scented at the request of Great Britain.
! From that time to the Declaration OF
London of 1909, adopted with modlh-
cations by the Order-In-Cou or
the 23rd Of October last these rights
have not been seriously questioned by
the British government. And no
claim on the part of Great Britain or
any justification for interfering with
the clear rights of the United States
and lis citizens as neutral should be
admitted To admit it would be 10 as
sure an attitude of Immortality tow
ard the present enemies of Great BIZ
tain which would be obviously in
consistent with the solemn obligations
of this government in the present cir
cumstances and for Great Britain to
make such a claim would be for her
! to abandon and set at naught the
principles for which she has consist
entity and earnestly contended III 9TH
er times and circumstances.
Neutral Ports Rlockaded
1.-The note OF His Majesty's princi-
pal secretary of state for foreign az
fairs which accompanied the Order
| In Council, and which bears the same
date, notifies the government OF the
| United States of the establishment OF
a blockade, which is, if defined by the
| terms of the order in council to IN
clude all the coasts and ports OF Ger
many and every port of possible ac-
cess to enemy territory. But the
novel and quite unprecedented feature
of that blockade, if we are to assume
j it to be properly so defined, Is that 1t
| embraces many neutral ports and
| coasts bars access to them and sub
jects all neutral ships seeking to APP
| proach them to the same suspicion
! that would attach to them We're they
| bound for the ports of the enemies of
| Great Britain and to unusual risks
and penalties.
1T is manifest that such limitations,
risks and liabilities placed upon the
ships of a neutral power on the high
| seas, beyond the right of visit and
search, and the right to prevent the
shipment of contraband already re-
ferred to, are q distinct invasion of the
sovereign rights of the nation whose
/ SHIPS, tiduc VI COtiiIlSlCc ID liAlSi III W
with.
Recognition of Conditions
1.-THE government of the United
States is, Of course. not oblivious to
: the great changes which nave occur
red in the conditions and means of
naval warfare since the rules hitherto
governing legal blockades were formu-
lated. 1t might be ready to admit that
the old form of close blockade with
it's Gordon Of ships in the Immediate
offing of the blockadeed ports is no
longer practicable in face of an enc
my possessing the means and oppor-
tunity to make an effective defence by
the use of submarines, mines and ali
craft: but it can hardly be maintained
that, whatever form of effective block.
ade may be made use of, it is impos-
sible to conform at least to the spirit
and principles of the established rules
of war. If the necessities of the case
should seem to render it imperative
that the Gordon Of blockading vessels
be extended across the approaches tC
any neighboring port or country il
would seem clear that it would still
be easily practicable to comply with