South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-02-18


neutral countries and Austria in
creased by over $4,000, geo"
Ii is fair TO infer. the British for
eign secretary states, that a substan-
tial part Of this increase OF trade with
neutral countries was in fact intend
ed for the enamy countries going
through neutral ports by routes
through which commerce was previ-
Ously unaccustOmed.'
One Of the many inconvenience
caused by he war is the serious short
age in shipping available for transport
and the consequent result of Excess
sive freight charges.
Not Caused by England.
1T cannot fairly be said" contends
the British foreign secretary. that this
shortage is caused by Great Britains
interference with neutral ships. At
the present time there are only seven
neutral vessels awaiting adjudication
in the prize courts in this country and
three in the British dominiOns Every
effort is being made 10 eXpidite the
release of those ships on bail. Only
one neutral vessel is now being detain-
ed in this country in addition to those
awaiting adjudication in the prize
court
Great Britain is suffering from the
shortage in shipping and the rise in
freight rates as acutely as any other
I e
been condemned in the prize courts
are being sold as rapidly as possible
in order that they may be available
for use
Your excellency will see there
fore" Sir Edward Grey continues.
/ that his nSijesy's government are
doing all ira their power to increase
the volume Of shipping available. 1
hope it will be realized that the deten-
| ton Of neutral ships By his majestys
government with view to the capture
of contraband trade on its way to the
enemy has not contributed nearly so
much TO the shortage Of shipping as
has the destruction Of neutral vessels
by submarine mines indiscriminately
laid by the enemy on the high seas
many miles from the coast in the
I track OF merchant vessels.
Are Destroyed BY Mines.
up till now % neutral vessels have
been reported as destroyed by mines
on the high seas; quite apart from all
! questions Of the breach of treaties and
the destruction of life, there Is FAR
more reason for protest on the score
of belhgerent interference with inno-
! cent neutral trade through the mines
scattered by the enemy than through
toe British exercise OF the right of
Selling contraband."
From all of which the British for
l
plant Of the American government
lis founded on a miscOnception" He
proceeds TO argue that the right of
/ belligerent nations 10 capture contra
band goods on their way TO an enemy
is ancient. but that the means of eX-
ercising il has necessarily changed
with the advent of steam power which
renders it "as easy for a belligerent
! to supply himself through the ports
of neutral contiguous country as
| through his own.
He continues:
mo better instance Of the necessity
of cOuntering new devices for dis
patching cOntraband goods TO an enc
my by new methods Of applying the
! fundamental principle of the right to
capture cOntraband can be given than
the steps which the government Of the
United States found it necessary to
take during the American Civil war.
1t was at that time that the doctrine
of continuous voyage was first applied
to the capture of cOntraband, that IS
to say, it was then for the first time
that a belligerent found himself
obliged to capture contraband goods
on their way to the enemy, even
though at the time of capture they
were enroute for a neutral port from
which they were intended subsequent
~ TO continue their journey.
Filed No Protest.
THE policy then followed by the
government of the United States was
not inconsistent with general princi-
pies already sanctioned by interna-
tional law and met with no protest
from his majestys government,
though it was upon British cargoes
and upon British ships that the losses
and the inconvenience due TO this new
development of the application of the
old rule of international law princi-
pally fell"
Sec'y Stewards contention during
the American Civil war that belliger-
ent rights must be maintained even if
they infiict harGships upon neutrals
are quoted by the British foreign sec
rotary.
Sir Edward Grey admits that the
British method Of making inquiries
into the character of cargues lis TO
certain extent a new introduction,
I but he contends that it is to the ad-
vantage of neutrals. He then quotes
/ the following passage in Sec'y Bryans
note of protest:
"In the opinion of this govern
ment the belligerent right of visit and
search requires that the search should
be made on the high seas at the time
/ of the visit and that the conclusion
of the search should rest upon the
evidence round on the snip under IN
vestigation and not upon Circum-
stances ascertained from external
sources"
To this the British foreign score
tary replies
Principle is Impossible.
1.-The principle here enunciated ap-
pears TO me 10 be inconsistent with
the practice i'm these matters of the
United States government as we'll as
OF the British government. IL GER
tainly was not the rule upon which
the United States government acted
either during the Civil war or during
the Spanish-American war. nor has 1t
ever been the practice of the British
government nor so far as l am aware.
of any other government which has
had 10 carry on a great naval war;
as a principle L think it is impossible
in modern times. The necessity for
giving the belligerent captor full lib
erty 10 establish by all the evidence
at his disposal the enemy destination
with which the goods were shipped
was recognized in all the leading de-
cisiOns in the prize courts OF the