The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-08
RULINGS OF THE BRITISH PRIZE COURT ARE CALLED UNLAWFJu

COURT ARE
goods listed as conditional c~ontraband
are destined to an enemy country through
a neutral country. hat fact Is not In
itself sufficient to Justify their seizure.
TO Contest s%eisures.
C15) In view Of these considerations
the United states. reiteratin~ It's posi-
ton In this matter. has no other course
but to contest seixures OF vessels at sea
upon conjectural suspicion and the prac-
tice of bringing them into port for the
purpose. by search " otherwise. of OBJ
tanning evidence. for the purpose OF
tustifying prize proceedings. OF the car
riage OF contraband or Of breaches OF
tho Order in Council Of March II. Re-
lying upon the regard Of the British Gov
eminent for the principles OF Justice 90
frequently and uniformly manifested
prior to the present war. this Govern
ment anticipates that the British Gov
ernment will instruct their officers to re.
frain from these vexatiow and illegal
practices.
Is) Second. The Government Of the
United States further desires to direct
particular attention TO the so-calied
~''blockads'' measures imposed by the
Order In Council OF March II. The
British note Of July 20. 1915, appears 10
confirm the intention indicated in the
note of March IS. 1915. to establish a
blockade so extensive as to prohibit trade
with Germany or Hungary. oven
through the ports Of neutral countries
adjacent to them. Great Britain. how
ever. admits that IL shoul not. and gives
an 49,. shAN 10 NsAn mt LES utth
trade with the countries contiguous TO
the territories of the enemies Of Great
Britain. Nevertheless. after over SIX
months application OF the "blOckade"
order. the eAperience Of American citi.
sens has convinced the Government Of
the United states that Great britain
has been unsuccessful In her efforts 60
distinguish " enemy and neutral
trade. Arrangements have been made
to create in these neutral countries
special c~onsignees. or consignment cor
porationA, with power TO refuse snip
ments and to determine when the state
Of the %country's resources requires the
importation OF new commodities. Ameri-
, can commercial interests are hampered
by the ,ntricacies Of these arrangements
and many American citizens Justly com.
Il plain that their bor fide trade with
, neutral countries IL greatly reduced rs
, a consequence. while others assert that
/ their neutral trade. which amounted an
nually to n large sum-. has been entirely
interrupted.
~ Hard on Nestral Traders.
40 II makes this practice even more
! harassing to neutral traders that thu
U British authorities require a consignoi
Z TO prove that his shipments arc not
:, bound to an enemy Of Great Britain
! even when the articles are on the EN-
, largo list of the neutral country tc
, which they are destined. and that not
withstanding the assertion In the las
British note that interference with sucl
trade by N belligerent can only TAKE
place provided, of course, that he tth'
belligerent) can establish" that the com
merce " with the enemy.
tS) While the United States Govern
ment was at fret inclined 10 view Wit,
,eniency the British measures which wery
: termed IN the correspondence but no
In the order in Council OF March IL
~"biockade.' because % the assurance
: Of the British Government thar incon
. yenience to neutral trade would be mini
= m!zed by the discretion eft 10 the couru
, In the application OF the Ordsr in CouncI
= and by the instructions which Il wa
o said would he issued TO the admins
8 .rative and other authorities having t
y do with the execution OF the so-calle'
. BLOCKADE" measures. his Governmen
IL now forced to tn. realization that II
. expectations. which were fully set fort
n In It's note OF March 80. were based O
N a misconception of the Intentions OF IN
\ , British Government. Desiring 10 avoi
ie controversy and In the expectation tina
l. the administrators OF the order In Cou-
" Gil would conform TO tn" ~es;ablisli-
l. rules OF international law his Cover
D. ment has until now reserved the auestio
A. u the actual validity OF the Order !
~ Council % March II. IN so far az II
~ considered by the Government or Gres
ID Britain 10 establish "A blockade with
I. the meaning Of that term as understood
~ IN the law and the practice OF nations
ii but In the circumstance now d~>elope
,s IL feels tina, 1t al no longer permit III
m validity OF the alleged blockade TO RI
g. main uncha!lfTged.
AZ t9) The Declaration OF Paris
1856, which has been universally rerol
70 nized as correctly stating the rule Of II
~ terna,ional Law 40 TO blockade. expressl
81 declared that ''blockRde~" In order to !
binding mus; be effective that Ia To sa'
~ maintained by force sufficient really
nj prevent access to the coast or u
e. enemy TIT effectiveness Of II hlockat
In Is nnnifestly =" question OF fact. II
I'd common knowledge that the Germa
~ coasts are open to trade with the Scar
n dinavian countries and that Gerrra
to naval vessels cruise both In the Nor;
M Sea and the Baltic and seize and briI
ne into German ports neutral vessels bour
a. for Scandinavian and Danish port
rs Furthermore. from the recent placing
a. cotton on the British list of contrabar
81 of war Il appears that the British Go
n crnment rave themselves been forced
OF the conclusion hat the blockade Ia !
or effective To prevent shipments OF cote
from reaching their enemies. or else tn
nd they ar. doubtful as 10 the legality
~ the form Of blockade which they ha'
he sought to maintain.
ey Must Apply 10 All Nations.
e i20) Moreover, u IL nm essential pri
'is cipls which has been universally n
p cepted that "a blockade must apply II
or partially to the ships OF all nat!on tt
or was set forth In the Declaration Of Lo
.es don. Is found in the prize rules OF %
many. Franc and Japan aud has lo
been admitted rs IA basic principle
the law Of blockade. This princip
-. however. 10 not applied IN the preso
British ~'blockade,' for, as above in,
w. Gated, German ports are notorious
open to afic with the ports OF De
n mark. Norway and Sweden. so stricl
AT has this principle been enforced In {
he past that In the Crimean war the Ju,
We cial Committee Of the Privy Council
rs appeal laid down that IL bellisereI
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