The Birmingham age-herald., 1915-02-18

enunciated during the civil war by Sec retary Seward is quoted at length and | the question of ultimate destination | argued in legal detail. To justify the | detention of suspected cargoes when l'passing between neutral countries, and | taking them into ports for examina- | tion, the cases of American practice during the Spanish American war also are cited and the note says these prece-
 dents are inconsistent with the state-
 ment of the American government made 1 to the British ambassador at Washing | ton November ', which insists that | 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 found on the ship un-
 der investigation and not upon circum- stances ascertained from external | sources.'
 The foreign secretary reiterates that the increased size of steamships neces- sitates search in calm waters. and in- sists that during the Russo Japanese war and also during the second Balkan war British vessels Were made to de- viate from their course and follow the cruisers to some spot where the right of visit and search could be more con veniently carried out" and in both cases. although questioned at first Great Britain finally acquiesced." Not New Right
 To take ship into port, the note con- tends Us not to be looked upon as a new belligerent right but as an adaptation of the existing right to the modern con- ditions of commerce. and like all bel llgerent rights it must be e. ercised
 With due regard to neutral interests and 1t would be unreasonable to expect a neutral vessel to make long devia- tions from her course for this purpose" For this reason, it is asserted, neutral merchantmen were encouraged to visit some British port on their route to avoid the alternative of keeping d vessel waiting perhaps for days for better weather conditions on the high seas.
 Realizing that in no war that has yet been waged have neutral individuals not occasionally suffered from unius- tilted belligerent aetion," Great Britain suggests that opportunities for adeauate compensation are offered in the British prize courts, details of which proce ed - ings are given.
 Tt is the common experience of every war, continues the note that neutrals whose attempts to engage in suspicious trading are frustrated by a belligerent rae wont to have recourse to their government to urge that diplo,,atic re- monstrances should be made on their be- Hdii dhu tudt TeufeSS SnOuId be ob- tained for them in this way. When an effective mode of redress is open to them in the courts of a civilized country by which they can obtain adequate satis- faction for any invasion of their rights which is contrary to the laws of na- tions, the only course which is con sstent with sound principle is that they should be referred to that mode of redress and that no diplomatic action should be taken until their legal reme- dies have been exhausted, and they are
 in position to show ''prima facte de- nial of justice
 The British government recalls that if followed this course with it's own ships during the American Civil war and the Spanish American war.
 In connection with the subject of de- tentions Ambassador Page is reminded that he has now been supplied by the
 British foreign office with particulars of every ship under American colors de-
 tained and of every shipment detained and of every shipment of cargo in which an American citizen appears to be the party interested, not only is the fact
 of detention notified to your excellency, but, so far as is practicable, the grounds upon which the vessel or cargo had been concession which enables any United States citizen to take steps at once to protect his interests
 Turning to the question of conditional contraband and foodstuffs the note says: No country had maintained more -stoutly than Great Britain in modern