Evening star., 1915-04-06

Following is the text of the Cnitec
States note announcing that 1t couin ho
admit either the right OF the alhes VI
their claims for justification IN placing
an embargo on all commercial intercourse
| between Germany and neutral countries
The Secretary of State to the Ameri'
can ambassador at London.
washington. March 30. 1915.
You are instructed to deliver the 1ol'
lowing to his majesty's government
..,The government of the United states
has given careful consideration to the
subjects treated in the British notes oi
March 13 and March Is. and to the British
order in council of the latter date.
These communications contain matters
of grave importance to neutral nations
They appear to menace their rlsnIs oi
trade and intercourse, not only WIN oei-
ligerents, but also with one another. Iney
call for frank comment in order that mis-
understandings may be avoided. The gov
ernment of the United States deems II
its duty, therefore, speaking in the SIN
cerest spirit Of friendship. to make Its
own view and position with regard. to
them Enthusiastically clear.
Denies Sovereign Rights Of Nations.
1.-THE order in council Of the 18th OF
March would constitute, were its pro-
visions to be actually carried into erect
as they stand, q practical assertion OF
unlimited belligerent rights over neutral
commerce within the whole European
area, and an almost unqualified denial
of the sovereign rights OF the nations now
at peace.
This government takes it for grant
ed that there can be no question what
those rights are. "A nations sover-
eighty over it's own ships and citizens
under its own flag on the high seas IN
time of peace is, OF course, unlimited,
and that sovereignty suffers no diminu-
tion in time of war. except in So far as
the practice and consent of civilized
nations has limited it by the recogni-
ton of certain now clearly determined
rights. which it is conceded may be ex-
ercised by nations which are at war.
"A belligerent nation has been con-
ceded the right of visit and search and
the right of capture and condemna-
ton. if upon examination a neutral
vessel is found to be engaged in un-
traband of war intended for the en-
emy's government or armed forces.
Right of Blockade Conceded.
1t has been conceded the right to es-
tablish and maintain a blockade of an
enemy's ports and coasts and to cap
ture and condemn any vessel taken in
trying to break the blockade. 1t 10
even conceded the right to detain and
take to its own ports for judicial ex-
animation all vessels which it suspects
for substantial reasons to be engaged
in unneutral or contraband service, and
to condemn them if the suspicion Is
sustained.
But such rights, long clearly de-
fined both in doctrine and practice,
have hitherto been held to be the only
permissible exceptions to the principle
of universal equality Of sovereignty on
the high seas as between belligerents
and nations not engaged in war.
TT is confidently assumed that his
majesty's government will not deny
that it is rule, sanctioned by general
practice. that, even though blockade
should exist and the doctrine OF con-
traband as to unblockaded territory be
rigidly enforced. innocent shipments
may be freely transported to and from
the United States through neutral
countries to belligerent territory with
out being subject to the penalties OF
contraband traffic or breach Of block
ade, much less to detention, requtsition
or confiscation.
Moreover, the rules of the declara-
ton of Paris Of 1856-among them that
free ships make free goods-win hard
ly at this day be disputed by the sig
natories of that solemn agreement
Peterhof Case Cited
His majesty's government, like the
government Of the United States, have
often and explicitly held that these
rights represent the best usage of war
fare in the dealings of belligerents with
neutrals at sea. In this connection
desire to direct attention to the opin,
ion of the Chief Justice of the United
States in the case Of the Peterhof,
which arose out of the civil war, and
to the fact that that opinion was unani-
mously sustained in the award of the
arbitration commission OF 1871, to
which the case was presented at the
request of Great Britain.
From that time to the declaration
of London of 1909. adopted with modi-
fication by the order in council OF Oc-
tober % last, these rights have not
been seriously questioned by the Brit
ish government
"And no claim on the part of Great
Britain of any justification Tor inter
fering with these clear rights OF the
United States and it's citizens as neu-
trails could be admitted.
ITO admit it would be to assume an
attitude of unneutrality toward the
present enemies of Great Britain.
which would be obviously inconsistent
with the solemn obligations OF this
government in the present circum-
stances, and for Great Britain to make
such a claim would be for her to aban-
don and set at naught the principles
for which she has consistently and
earnestly contended in other times and
circumstances.
The note of his majesty's principal
secretary of state for foreign affairs
which accompanies the order in coun-
ell. and which bears the same date
notifies the government Of the United
States of the establishment OF block
ade which is, If defined by the terms
of the order in council. to include all
the coasts and ports of Germany. and
every port of possible access to enemy
territory.
Blockades Neutral Ports.
But the novel and quite unprec-
edented feature of that blockade. II
we are to assume it to be properly sc
defined. is that it embraces many neu-
trail ports and coasts. bars access te
them and subjects all neutral ships
seeking to approach them to the same
suspicion that would attach 10 then
were they bound for the ports OF the
enemies Of Great Britain, and TO un-
usual risks and penalties:
.It is manifest that such limitations
risks and liabilities placed upon the