The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-08

The foiioWino Is the second and fndI
article on "Gredt Britain and the Right
Of search" By Leslie Scott. X. C.. ". p.
aud Alexander ShoW. NJ. y.
The first instdimont dealt NTH the
fundamental principles underlying the
right Of search; in accordance Uith
International iUar. The sccoad article
deals Nth Gcrmdny's attitude toUdrd
that lar.
The gross and repeated violation by
Germany of the most elementary princi-
pies OF the laws OF nations and OF COM
mon humanity has In n sense made
any examination of mere legal techni-
c~alities about "~contraband' and block
ade'' appear somewhat academic. We
are living in times when not the techni-
c~alitles OF law but the fundamental
principles OF humanity are at stake.
The Power which has In defiance OF
the accepted laws OF war introduced a
new horror by the extensive use of
poisonous gas, which deliberately con-
celved and committed the astounding ana
nhuman outrage upon the Lusitania to
the loss OF hundreds OF innocent and
neutral lives. n followed 1t up by the
Illegal attack upon the American steam
ship Nebraskan which by it's habitual
submarine attacks upon i~noffensiv
merchantmen and fishing vessels seeks
to cut on the food supply OF Great
Britain, not by any of the methods re-
! cognized by law, but by the Illegal and
wanton sacrifice OF innocent human
life. is In no position to take shelter
ehind the cover of laws which she has
habitually treated as waste paper.
The British Government have rightly
declined to enter into a competition OF
b rbarity with Germany. The action
which they have taken By way OF reply
to Germany's career OF outrage has been
marked by an appreciation of what a
great civilized Power owes To its own
self-respcct. and also by a desire to SAFE
guard so far as possible the interests
and susceptibilities o. neutral Powers.
and Su edward Grey. In his note OF
January I. announced that his Majesty's
Government cordially concur In the prin-
ciple stated by the American Govern
mcnt in the note delivered by Mr.. Page
to Sir Edward Grey on December -
that the IN between countries
which are not belligerents should not
be interfered with by those at war.
unless such interference Is manifestiy
an imperative necessity to protect their
national safety, and then only to the
extent that 1t is a necessity
The Blockade of Geruhany.
The British order in council of March
II has naturally given rise to a good
q NA-f - .n rIa RtAa
shortly stated. the effect OF the p~rocla-
nation is that a complete blockade is
imposed upon Germany. II may be said
at once that the chief distinction be-
tween the blockade as announced and
the blockades OF the past lies in the
exceptionally lenient treatment provided
for IN this Instance TOWARD the owners
OF neutral ships and cargoes
The old rigid rule of confscation APP
plying TO the vessel and the cargo alike
when engaged in running n blockade is
swept aside. and his Majesty's Gov
ernment." to quote the words of Sir Ed
ward Grey's despatch of March 10.
declared their intention OF refraining
altosether from the exercise of the right
OF confscating ships or cargoes which
belllgerents have always claimed in re-
spect Of breaches OF blockade. They re-
strict their claim 10 tho stopping of car
goes destined for or coming from en-
emy's territory" The other difference
between the present blockade and types
OF blockade suited to the circumstance
OF former times is the somewhat wider
application OF the already established
principle Of continuous oyage This
has been fastened upon by certain com
mentators who point out that goods in
tended for Germany may no longer be
sent to her through "A neutral port, and
upon this distinction attack the British
proposals.
As we pointed out In a forifer article,
international law is not n stagnant body
of p~recedents, hut a living body OF prin-
! ciples which maintain their validity and
usefulness only by the fact that the
methods Of their application develop In
accordance with the progress Of the
world. In the present instance the prln-
ciple at stake Is the principle Of block
ale.
what is that principle9 It is that a
belliGerent who possesses the effective
power to do 80 may cut of all supplies
of every kind from his enemy and sc
hrlns the war to a speedier conclusion,
That IL the principle which has always
been applied in the case OF siege, when
no supplies of any kind are allowed to
go through 10 the beleaguered town. ],
Is with the same object that effective
naval blockades have In the past been
applied against a line OF coast.
ChnnR~ In Conditions.
With the great increase in recen'
times of the means OF inland communi,
cation by which large quantities Of
goods can be transferred by rail with @
minimum OF delay to any point. il is
obvious th2t under moderns circum'
stances. the principle which interna'
tional law admits of depriving the en-,
envy OF all supplies aud of all communi,
cation with the outer world aud Sc
shortening a war, can no longer hav,
any validity at all II a beliserent cal
freely import supplies through adjace a
neutral countries and in effect use thell
ports as his own.
The principle OF blockade can only un,
der these circumstances he maintained
by "A modification of the methods by
which it is applied. and the Government
OF the United States has most frankly
and fairly stated that the former means
Of maintaining "A blockade may now be
q physical impossibility." In the absence
of such modified application the prin.
ciple is gonc and the blockade loses IL
effective character. and thereby the on.
condition which all nations have agreed
Is essential IL a~brogated. The effect OF
the action of the allied Powers is [,
-. H. .AI Al. 81 - a