The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-11-08

all OF which relate 10 restrictions
upon American commerce. The
United States SAYS al the outset that
IL has delayed answering these notes
In the hope that the announced pur
pose OF Great Britain TO exercise
their belligerent right with every pos.
sible consideration for the interests
OF neutrals." and OF causing "the least
possible mount of inconvenience 10
persons engaged in legitimate trade
would in practice not unjustifiably in.
fringe upon the neutral rights OF
American citizens.
1T Is therefore a matter OF regret. %
says the note. that this hope has not
been realized. but that on the contrary.
interferences with American ships
and cargOes destined in good faith 10
neutral ports and lawfully entitled TO
proceed have become increasingly vex-
ations. causing American ship-owners
and American merchants to complain
to this government of the failure to
take steps to prevent and exercise OF
b~elligcrent power in contravention OF
their just rights. As the measures
complained OF proceed directly from
orders issued by the British Govern
ment. are executed by British author
tiles. and arouse a reasonable appre-
hension that. IL not resisted. they may
be carried TO an extent I've more in
furious to American interests his gov
eminent directs the attention of His
Majesty's Government to the following
considerations"
Points Of Note.
Here follow in numbered paragraphs
the points made by the United States.
Summarized they are:
%. The statistics presented by
Great Britain to prove an increase
rather than a decrease in American
trade fail TO take into cou the in
creased price of commodities resulting
from a stat OF war or to make any
allowance for the diminution in the
volume OF trade which the neutral
countries in Europe previously had
with the nations at var"
ca. Detentions by Great Britain
have not been uniformly based on
proofs obtained at the time of seizure.
but many vessels have been detained
while search was made for evidence"
The question has been one OF "evi-
dence to support the belief of-in
many cases a bare suspicion Of
enemy destination. or occasionally Of
enemy origin OF the goods involved"
go. Attention is directed with re-
gard to search of neutral vessels at
sea to the instructions issued 10 the
naval commanders OF the United
States, Great Britain, Russia, Japan
Spain. Germany and France from 1888
TO the beginning OF tho present war
10 show that search in port was not
contemplated by the government of
any OF these countries"
ca. An examination OF the opinion
of the most eminent text writers on
the laws OF the nations shows that
they give practically no consideration
TO the question OF search in port out
side of examination In the course of
regular prize court proceedings"
60. Answering the assertion OF
Great Britain that the position of the
United States in relation OF search al
sea is inconsistent with its practice
during the Civil War. the note says
this Is based upon a 'misconception.
A careful search Of the records shows
c~onclusively that there were no in
stances when vessels were brought
into port for search prior 10 institute
ing prize court proceedings" and that
- NNaAhe VIII " ALaA1 AIgu oNAFA
grounds than evidence found on the
ship under investigation. and not upon
circumstances ascertained from exter-
nal sources II IL here that Secretary
Lansing appends a copy OF the instruc-
tons issued 10 American naval officers
on August Is. 1862.
Cites Naval Report.
90. In answer 10 the British CON
%tention that conditions relating 10 the
size and se~awOrthiness OF modern car.
riers Justify bringing vessels into port
there IS cited the report OF a Board
OF United States naval experts. inst
made. In which II il declared, that II
Is not necessary 10 remove every
package OF a ships cargo" TO estab-
fish the charter and nature OF her
trade. that the facilities for boarding
and inspection Of modern ships, are
in fact greater than in former times.
and that 10 permit ships 20 he taken
into port would be a direct aid 10 the
b%elliEerents concerned in that II would
release a belliCcrent vessel overhaul
ing the neutral from its duty or
search and set n free for further beIn-
gerent operations"
q, $ and 80. These points deal
with new procedures iu the prize
7 courts the effect Of which the United
states complains b. TO subject traders
TO risk OF loss. delay ana expense so
great and 30 burdrnsOme as 70 prac.
tically detroy much ol the export trade
Of the United States 10 neutral coun.
tries Of Europe
O0,1D. These discuss the u~iesr ~pn
OF the burden OF proof a. TO The non.
contraband OF goods consigned TO
, order. b United States arguing tnaf
none Of the cases cited by Great BrIr.
ain proves that the burden Of proof
can rightly be made To- rest upon the
| claimants.
J tl2). The greatly increased Imports
OF neutral countries adjoining Great
Britain's enemies. cannot b. accented
a. laying down 2 just or legal r1ie
OF evidence that commodities arc DIES.
tined for re-oNp0rtation 10 the bplur.
%'r"nfs Such q rule. Do BE- argued .of
i"rs too great opportunity for abuse
by the b~clliFcronta" and is opposed
TO those fundamental p~rinrIpIr. or
justice which are tho foundation uftn.
Iu~risprudouco nj tho United States ana
Great Britain
U21 Attention o. directed fo fb,
Tact That Great Britain admits thar b.,
exports tp neutral countries have AL,
materially Increased since tho rr,..rf
. m.#E 900.