Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-11-08

Civil War, the note says this is based
upon a "misconception." careful
search Of the records shows conclusive
ly that there were no instances when
vessels were brought into port for search
prior to instituting prize court proceed
ings," and that captures were not made
upon other grounds than evidence ioahd
on the ship under investigation and not
upon circumstances ascertained from ex-
ternal sources 1t is here that Secretary
Lansing appends a copy of the instruc-
tons issued to American naval officers
on Aug. Is, 1852.
90. In answer to the British conten-
ton that conditions relating to the size
and seaworthiness Of modern carriers
justify bringing vessels into port. there
is cited the report of board OF United
States naval experts, just made, IN whicn
it is declared that 1t is not necessary
to remove every package OF a ships
cargo to establish the character and ma
ture of her trade, that the facilities for
boarding and inspection Of modern ships
are in fact greater than in former times,
and that to permit ships to be taken into
mort would be a direct aid to the bel
Iieererts concerned in that 1t would re-
tease a belligerent vessels overhauilng
the neutral from its duty of search and
60, II free for further belligerent opera.
TONS
a. and 81. These points deal
with new procedure in the prize courts
the effect of which the United states
complains is Ito subject traders 10
risk of loss, delay and expense SO
great and SO burdensome as to prac-
tically destroy much Of the export
trade of the United States TO neutrai
countries of Europe"
60, ~. These discuss the question
of the burden of proof as to the nom
contraband of goods consigned TO or
der" the United States arguing that
none of the cases cited by Great Brit
ain proves that the burden of PROOF
can rightly be made to rest upon the
claimants.
1a). The greatly increased imports
of neutral countries adjoining Great
Britain's enemies, cannot be accepted
as LAYING down a just or legal rule OF
evidence" that commodities are des-
tined for re-exportation to the peiilg-
erents. Such a rule, it is argued. OIL
fers too great opportunity Tor ABUSE
bv the belligerents" and is opposed TO
those fundamental principles OF justice
which are the foundation of the jurls-
prudence of the United States and
Great Britain"
u3) Attention is directed to the
fact that Great Britain admits that her
exports to neutral countries have also
I 81 ha T,TaSpnf
war began. Thus Great Britain. says
the note, "concededly shares in Great
ing a condition which is relied upon
as a sufficient ground to justify the
! interrogation of American goods deS-
! tined to neutral European ports. II
British exports to those ports snail ne
still further increased, it is OBVIOUS
that, under the rule of evidence con-
tended for by the British government
the presumption of enemy destination
could be applied to a greater numoei
OF American Cargoes and American
; trade would suffer to the extent that
British trade benefited by the IN
! crease. Great Britain cannot expect
| the United states to submit to such
! manifest injustice or to permit the
rights of its citizens to be so seriously
impaired.'
ID. Whatever may be the conjec-
tural conclusions drawn from trade
statistics, the United States main
tains the right TO sell goods into the
general stock of a neutral country,
and denounces as illegal and unJustl-
fable any attempt of a belliserent to
no riOhf on the Ground
, that it suspects that the previous sup
ply of such goods in the neutral coun-
try which the imports renew or re-
place has been sold to an enemy. That
is a matter with which the neutral
vendor has no concern and which can
in no way affect his rights of trade
Moreover. even if goods listed as con-
ditional contraband are destined 10 an
enemy country through q neutral
country, that fact is not in itself suf-
ficient to justify their seizure
I5). In view of these consldera-
tions, the United States announces
that it has no other course but TO
contest seizures of vessels at sea up
on conjectural suspicion and the prac-
tice OF bringing them into port for the
purpose. by search or otherwise. or
obtaining evidence and adds that
relying upon the regard of the Brit
ish government for the principles OF
justice so frequently and uniformly
manifested prior to the present war.
this government anticipates that the
British government will instruct their
officers to refrain from these veNatious
and illegal practices"
(16> Directing particular attention
to the so-called blockade measure
imposed by the Order in Council of
March Ii, the British note OF July %
last is cited to confirm the intention
ito establish a blockade" After over
six months application Of the blockade
order, the note says, the experience
Of American citizens has convinced the
government of the United States that
Great Britain has been unsuccessful
in her efforts to distinguish between
enemy and neutral trade"
%. The practice Of requiring a
consignor to prove that is shipments
are not bound to an enemy Of Great
the embargo list Of the neutral coun-
try to which they are destined, is
characterized as "harrassing to neu-
trail traders"
QSD. While the United States gov
ssx.oc AZ Trcf ipcIiroS x-;ox,