The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-27
BRITAIN INSISTS
BLOCKADE IS LEGAL
Note. Delayed Four Months,
Cites Precedent During
Civil War.
TONE CALLED FRIENDLY
Principles in American Case
Given "New Application to
Suit Conditions"
TONE CALLED FRIENDLY

lures OF the British blockade or Ger
many. In note received at the State
Department to-day tho London Foreign
once contends.
That Great Britain's acts are con-
s!stent with the principles OF inter-
national law. for which tho United
States Is contending.
That these principles have merely
been given new applicst tion 20 suit
changed conditions on the seas ana
the geographical situation respecting
Germany.
That precedent for the acts under
the orders in council to which the
United States has taken exception is
found In the record OF the United
States Government itself during the
civil war and sustained by decisions
OF the supreme Court OF the United
States. which decisions were accepted
by Great Britain.
That II American citizens feel that
they have been deprived of their rights
IN the British Governments inter
ference with trade they have, nrst.
the prize courts in which to present
their cases.
steps In Appeal.
Should the prize court rulings he
unsatisfactory the British Privy
Council or supreme Court may he In
voked. and finally the diplomatic sup
port Of the United states Government
may be employed through which an
adjustment might he arranged in ac-
cord with the existing treaties be-
tween the two Governments.
As understood here the British note
IN ha nla
tests and is entirely defence of tine
British position.
The British note Is In reply to the
American note of March go In which
the attitude OF the United States toward
certain acts supposedly contemplated
under the then recently passed orders
In council was fully set forth. The
British communication was prepared by
the London Foreign Office many weeks
ago but IL has been held up pending the
coming of a favorable moment for pres.
entation.
The impression prevailed here to-day
that the British authorities felt tina, now
that the United States has presented
what Is generally regarded as Its last
word to Germany on the submarine issue
IL would be an opportune time to subm
defence OF British policies.
! BY agreement with the British For.
e'gn Office the State Department is
I holding the note for publication on
/ Wednesday morning. when IL will also
! be made public In Great Britain To-
morrow the note will be despatched &c
! Cornish Tor the consideration of PresI-
dent Wilson.
The SprinGbok Case.
one OF the strongest points in the
British note is its citation OF what u
known as the Springbok case. vesse
seized by the United States naval force.
during the civil war when she Wa,
bound for the British port of Nassau
whose cargo. including contraband ant
non-contraband. was condemned on tn,
ground that II was intended that 4
should be transshipped from Nassau I,
one of the blockaded ports OF the Con
federacy. This case is regarded as rep
resenting the extreme application %
the American made doctrine of con
tinuous voyages" Though for years /
was denounced by Continental authori
ties as pernicious invasion by tn,
United States OF neutral rights 1t wa
accepted by the British Government
almost without question.
The British contend that these case
established the principle that If neu
tral territory was being used as bas
OF operations against belligerent tn
belligerent was entitled to include sucl
ports within the area OF his blockade
This the United States did in effect re
garding Nassau. and this, the Britis
contend is what they are doing wit
reference to the neutral countries ad
jacent to Germany.
On the basis OF what the Suprem
Court decided in the Springbok cas-
the British allege that the America
assertion that innocent shipments ma
be freely transported to and from tn
United States through neutral coun
: tries TO belligerent territory" will no
: stand.
Ports of German Trade.
The British regarded Belgian an
Dutch ports as the normal ports for fel
mar trade rather than German port
while on the north the British forces car
not effect the customary form OF blocl
, ade because of the narrow passag,
necessitatlng violation of terrtori.
waters OF neutral Denmark and Swede
II military operations were attempted
A them.
;, 1t is, therefore. argued that the Britis
> must scrutiniZe shipments to and fro
$ Holland and the Scandinavian countri,
= in order to ascertain II goods are
n German origin or destination. Thoul
basing many of her arguments thus ,
, the principle of blockade the Britt.
= Government still refrains from assertir
e that her orders in council do constitu
=. a blockade in the complete and general
accepted sense of the term.
The British note, Ike other commur
u cations from that Government regardii
n its interference with neutral trade,
most conciliatory, 1t particularly hol
. out to the United States the idea tn
>, even II 1t Is thought that injury is bell
=, now inflicted on American interes
. Americans affected have abundant mea
70 that the British authorities feel that
= is reasonable for Great Britain to e
. meet the United States to rest conte
~ c,al Interpretation, Just as in the CT
i, war cases Great Britain had to wa
- and that further remedies, includ
IN arbitration. are still open to the Unit
- states and its citizens In the event tn
er the prize courts decisions are not sat
" factory to the parties at interest.
~ Great Britain asserts that she
M exercising the utmost endeavor to ma
the war on the seas as little onerous
neutrals as possible, ~