The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1915-11-12

! intercourse orders or Great Britain
Some, il is asserted, were seized on
belief or bare suspicion OF the contra
band nature OF their cargoes. Mr..
Lansing says that from 1888 to the
beginning of the present war the prin-
cipal maritime nations, including
Great Britain, did not contemplate
search in port. but search at sea to
| determine whether a vessel carried
| contraband. He contends that the
British assertion that the position OF
the United States concerning search
at sea is inconsistent with it's practice
in the American civil war, is based
on misconception II is conceded that
there may have been Irregularities at
the beginning OF the civil war, but that
careful search OF the United States
records show conclusively there were
no instances when vessels were
brought into port for search prior to
instituting prize court proceedings, or
that captures were made on other
grounds than evidence found on the
ship and not upon circumstances as
certained from external search" To
back up this assertion Mr.. Lansing ap-
pends to the note "A copy OF an instruc-
tion issued in 1862 by Gideon Welles,
Secretary OF the Navy to American
naval officers for their guidance dur.
ing the civil war.
Condemns Part Searches.
Great Britain's contention that mod
ern conditions justify bringing YES
sells into port for search-a conten-
tion, Mr.. Lansing says, that Is based
on the size and seaworthiness of mod
ern sea carriers and the difficulty of
covering the real transaction in the
intricate trade operations of the pres
ent day--is dismissed on the ground
that, hampered as they are by cen
sorship, they are not more complex
and disguised than in wars in re-
cent years. The note includes an ex-
tract from a report OF board of naval
experts to the effect that present ia
cilities for boarding inspection ships
are greater than in former times.
This Government complains that the
BriNsp Prize Court changed the prac-
tice OF Great Britain of more than a
century in determining whether a YES
sci was prize, with the result that
innocent vessels or cargoes are de-
tanned on mere suspicion. The Brit
ish contention that its practice as to
establishing enemy destination fol-
lowed the American position in the
civil war is disputed. The United
States refuses to accept as a rule of
evidence the presumption that GER
tain military commodities shipped to
neutral are intended for enemy uses
Secretary Lansing calls attention to
the fact that the British Government
admits that British exports to neutral
countries "have also materially in
creased since the present war began"
The United States holds that If the
rule OF presumption of ultimate enc
my destination applies to American
shipments it must apply also to Brit
ish shipments. Great Britain" IL Is
declared, cannot expect the United
State to submit to such manifest in
justice or to permit the rights OF its
citizens TO be so seriously impaired"
The United States, II is set forth,
maintains the right to sell goods into
the general stock of a neutral coun.
try land denounces as illegal and un-
justifiable any attempt of belliger-
ent to interfere with that right on
the ground that it suspects that the
previous supply of such goods in the
neutral country, which the imports
renew or replace, has been sold to
an enemy"
Must Contest Seizures.
In view of the these considerations
the United States has no other course,
Secretary Lansing declares. but to
conjectural suspicion and the practice
of OBTAINING them in port for the pur-
pose OF obtaining evidence to justify
prize court proceedings. To this Mr.
Lansing adds:
Relying on the regard OF the Brit
ish Government for the principles OF
justice so frequently and uniformly
manifested prior to the present war,
this Government anticipates that the
British Government will instruct their
officers to refrain from these vexa.
tious and illegal practices"
Mr.. Lansing notes that after more
than six months application of the
blockade order the experience OF
American citizens has convinced the
United States that Great Britain has
been unsuccessful in her efforts to
distinguish between enemy and neu.
trad trade. This Government, IL is
declared, is now forced to the realiza-
tion that its expectations that incon.
venience to neutral trade would be
minimized by the discretion left to
the British courts. which were fully
set forth in its note OF March 30,
"were based on a misconception OF the
intentions OF the British Government"
The note reiterates the established
principle that blockade to be bind.
ing must be effectively maintained by
force. That the British blockade Is
not effective is asserted. attentlan be.
ing called to common knowledge
that the German coasts are open to