The Chesterfield advertiser. [volume] (Chesterfield C.H., S.C.) 1884-1978, 1915-07-22
STATES ITS CLAIM
STRONG NOTE OF WARNING IS
SENT GREAT BRITAIN
DENY COUNCIL ORDERS

Rights of Americans to be Based
Upon Recognized Rules of Inter-
national Law-British Changes
and Their Legality Comes up for
Justification.
The state department. Saturday
gave out summary OF l. note 1t has
sent to England, informing that gov
ernment that 1t will uphold the right
of American trade.
The note is a firm, flat denial of
England's assumed right to interfere
with American commerce to an ey-
tent not countenanced by the recog-
nized rules of international law. 1t
Is vigorous statement that this gov
ernment can not permit its commerce
to be treated according to the auto
cratic regulations of British order in
council and various municipal de-
crees.
The effect of the note is to shift
the shadow Of a real international
crisis from the affairs of the United
States and Germany to the issues be-
tween the United Sta, es and Great
Britain. 1t is evident that Germany
has won the first ground Of her de-
mand that as 1.-The freedom of the
seas underlies the questions at issue
between the United States and Ger
many, this government must take up
that subject with Great Britain.
Furthermore, 1t is indirect media
tion between Germany and England.
And, finally, it demonstrates the real
ization by the administration that it
can no longer maintain an attitude
of aggressive diplomacy against Ger
many and continue to let the case
against England slumber.
The summary of the note is as fol-
lows:
"In view of differences which are
understood to exist between the two
governments as to the principle of
law applicable in prize court pro-
ceedings in cases involving Ameri
can shipping, to avoid any misunder-
standing as to the attitude of the
United States in regard to such pro-
cess the government of the United
States informs the British govern
ment that insofar as the interests of
American citizens are concerned, 1t
will insist upon their rights under the
principles and rules of international
law as hitherto established, govern
ing neutral trade in time Of war with
out limitation or impairment by or
ders in council or other municipal
legislation by the British government
and Will not recognize validity of
prize court passages taken under re-
straints imposed by British municipal
law in derogation of the rights of
American citizens under international
law"
The note means:
First, that Lord Crewe stated an
indefensible position when he told
the United States that the British
government would not consider
cases of seizures and detentiOns in
prize courts as diplomatic ques-
tiOns."
Second, that the United States
asserts that Great Britain had no
international right ''to interfere
with the approach of American
merchantmen to neutral ports sit
uated upon the line of coast af-
fected by the order i'm council,
when such ships do not carry con-
traband or goods destined to or
proceeding from ports within the
belligerent territory"
Third, that the manner OF seiZ-
ures and detention Is laid down by
international law, and that law can
no more be changed by the eXigen-
Cies OF Great Byitain's blockade
than by the present impOssibility
OF Germany using any other craft
than a submarine to exercise the
right OF visit and search.
Fourth, the United States does
not challenge the effectiveness OF
the British blockade of actual ports
of Germany, but IL does challenge
the extension OF that blockade to
cover the ports of Denmark, Swed-
en-, Holland and Norway.
Fifth, that interference with
American and neutral vessels en-
route from American ports to other
neutral ports is contradiction Of
the principle of free seas for free
ships.
Sixth, that the assertion by
Great Britain of the principle of
holding up all vessels and rejecting
diplomatic Intervention is as Illegal
AS the establishment by Germany
of submarine blockade.
Seventh, that the principle and
| practice of retaliation between
Germany and Great Britain can
| not defeat any of the rights of neu-
| trail commerce as defined and en-
jOyed before the commencement of
| the present war.
| Officials are now concerned In spec.
ulation as to what the reply of Great
Britain will be and what the United
States must do in certain emergen.
cies to be created by that reply.
| II Great Britain stands firm, the
United States has two remedies. One
is to take up particular cases and as.
sert that there has been az. denial oi
| Justice" That is one OF the forms
OF pursuing case further when 9
country thinks an injustice has beer
done by foreign courts. The asser
tion that there has been a denial oI
justice is a diplomatic action which
can result in the gravest kind of 6
situation.
The other recourse of the United
States is to treat Great Britain, IL she
comedies nothing, as a nation which
will not be bound by internationa