The Birmingham age-herald., 1915-03-19
No Legal Precedent for Elm bargo On All Commer- cial Intercourse to and
 From Germany
PREPARING NOTE OF
 PROTEST AGAINST
 ALLIES ATTITUDE
Noncontraband and Conditional Con-
 nd Have Guarantee nf Free SS assage, Is American View

So oshington. March lS--The United
 $Ss $ considers that Great Britain
 or France in the British order in
 . Veil and accompanying notes have
 answered questions propounded to them as to what warrant there is un- der international law for the estab-
 lishment of an embargo on all com
 mercial intercourse, directly and indi-
 rectly, between Germany and neutral countries.
 It was stated officially at the state
 department today that this govorn-
 ment still does not know whether the
 action of the allies is intended as a
 legal blockade or whether ordinary ! rules of eontraband and noneontra-
 hand are to be the legal basis for
 future detentions On d determina- ton of this question probably will de- pend not only the nature of any steps
 to be taken by the United States now,
 but also the basis for damage claims
 arising out of the interruptions to American commerce.
 In preparing the protest to be sert
 to Great Britain and France. the po- sition of the United States substan- tially is as follows:
 1. If the action of the allies is blockade, all commerce directly with Germany can be halted by making the blockade effective, a certain radius of activity" being allowed for the hlockading warships orr the German coast because Of the newly developed | activities of submarines. But there can | be no legal blockade of the coast of neutral eoaltris$ of Eusop -n. | tiguous to thoSe at war, under 4N. cif- cumstances and commerce between the 1 United States and neutrals, especially | in noncontraband. should be free from | interruption, irrespective of ultimate destination
 No Legal Right
 ?. If the action is not a blockade, 1 then there exists no legal right Co de- | tain cotton or other moncontrdband cargoes, oven when consigned directly 1 to German ports. Nor can foodstuffs | or conditional contraband be justly | interrupted unless proven. though con- signed to Germany, to be destined for the use of it's belligerent forces and | not it's civilian population. Under 1 the same circumstances too. there is TO legal basis for detaining cargocs consigned from the United States to l the neutral countries of Europe if containing cotton or noncontra band goods, Irrespective of ultimate desti- l nation. Similarly the allies cannot
 under the previous accepted principles 1 of international law Interrupt ship ments of foodstuffs and other condi- | tional contraband en route between the | United States and neutral countries
 unless clearly proven to be going even l tually to the belligerent forces of Ger many and not its civilian population. l 3. Neutral countries of Europe may l declare embargoes on re-eXportation of contraband or noncontraband thus 1 preventing supplies from reachins Germany. With this sovereign right, l the United States does not take issue, l but 1t will insist on it's right to ship 1 to neutral countries, placing the bur
 den of stopping further progress on
 the latter nations themselves.
 Retaliatory Measures
 l In considering the foregoing propo- sitions, officials realize that Great 1 Britain and her allies have set up the I claim that their actions constitute re- | ta1iatory pleasures against Germany. but this. in view of the American gov crnment does not affect the status of information law as between the Uni | ted States and the belligerents The American attitude has not been changed materially as a result of ex- plantations in the exchange of notes (Continued on Page Ten)