Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-08-03
PLAN TO MAKE PUBLIC
4 DIPLOMATIC NOTES
Responses by Great Britain and Ger.
many Upon Issues Raised
by United States.

many Upon Issues Raised
by United States.
| Time for publication of three notes
| from Great Britain and the one from
| Germany. all dealing with the COM
| mercial rights of neutral nations in
war time. was being arranged today
| The British notes probably Will be
| given out late today for publication to-
| morrow morning and the German note
! Thursday morning.
Character of Notes.
The first British note defends the
| orders in council: the second justifies
the allies efforts to cut off Germany's
export trade and the third defends
| court proceedings. The German note
continues the discussion over the sink
ing of the American ship William ?.
| Frye, and is said to justify Germany's
| course in sinking merchant ships pro-
vided she pays for them.
| The United States shortly will reply
to the British notes, but 1t is not known
| what course will be pursued regarding
| the German note.
Defends Allies Efforts.
| The first British note is long COM
munication defending efforts of the
allies to suppress trade between their
enemies and neutral countries. even by
the stoppage of abnormal commerce
through the neutral countries of Europe
adjacent to the Teutonic allies Prece-
dents in international law. established
| by the United States government itself
| during the civil war. and especially in
| the practical blockade of the Bahamas
| in order to cut off supplies from the
port this assertion of right. There are
citations of decisions by the United
States Supreme Court bearing on the
| same point, such as the celebrated
Springbok case. Other decisions, such
as that in the Matamoras case, which
appeared to conflict with this doctrine,
are held to be inapplicable by reason
of radical difference of governing
| conditions.
The note has been long in prepara-
| ton and was intended to meet the OBJ
lection of the United States that pre-
vious British notes had dealt only with
special cases of seizures and detentions
of ships and cargoes under conditions
that seemed to justify the British
| action, failing to answer the American
contentious that the whole process of
interference with neutral commerce
was in violation of international law
After it had been dispatched to Wash
lington new conditions arose that de-
termined the British government to
| amplify its argument.
One of New Conditions.
One of these new conditions was a
strong protest by the State Depart
ment against the seizure of the Ameri-
can ship Neches, bound from Rotterdam
to New York with a cargo of Belgian
and German goods British activities
up to that time had been confined prin-
cipally to holding up cargoes from
America. ostensibly bound for neutral
countries of Europe. but alleged by the
| British to be actually destined for Ger
many or Austria.
| The Neches case made necessary a
defense of the allies rights to cut off
Germany's export trade to neutral
countries and the financial benefit to
be derived from that business.
The second note of the series deals
| with this issue and 1t is understood
that it sets up the contention that an
| actual blockade of the North sea ports
exists and that regardless of the Brit
| ish orders in council there is an in
herent right in the blockading powers
under international law to suppress
| traffic of this kind. While the contro-
versy is proceeding, unofficial efforts
are being made to release for the
| American market goods now awaiting
export at Rotterdam, by proving Bel
gian origin and American ownership.
Replies to q. s. Caveat.
The last note of the series is in re-
ply to the American caveat of July
II saying the United States would be
governed only by the principles of
international law in dealing with cases
of detentions of American ships and
goods. and would not recognize the
orders in council. The British for
| eign Office holds that the orders in
council comply with the spirit of in
| ternational law, though it is admitted
that a new application of these prin-
ciples to suit the new conditions de-
veloped in the war has been made.
British prize court proceedings. where
in the magistrates have assumed that
the orders in council were in con-
formity with international law. pro-
voked the American communication.
The British contend that where inter-
national issues were pending before
the United States courts that fact has
been recognized by the London govern
ment as a reason for deferring diplo-
matte protests. 1t is held that the
United States government cannot as
sumo that it's merchants have suffered
ways in reserve the right of diplomatic
review of prize court decisions, and
even of arbitration, under the specia |
larbitration treaty between the United
States and Great Britain recently per-
| fected.
German Stand Renewed.
The German note, continuing the dis
cussion over the sinking of the Ameri-
can ship William P Frye by a Germa n
commerce raider, deals with the Amer
lean contention that not only interna-
tional law, but also the special provi-
sions of the treaty Of 1928 between the
IIYpfted States and Prussia had hAay ~,to