Arizona republican., 1915-11-08
Britain In Positive Terms
Told Blockade Is Ineffective

tional law, this government has until
now reserved the question of the
actual validity of the order in coun-
| ell of March II. insofar as it is con-
sidered by the government of Great
Britain to establish a blockade with
in the meaning of that term as un-
derstood in the law and practices of
nations; but in the circumstances
now developed it feels that it cannot
longer permit the validity of the al
legged blockade to remain unchal-
ilenged."
(19) Pointing out that in accord
ance with the declaration of Paris of
1856 the effectiveness of blockade is
manifestly a question of fact" the
United States says it is common
knowledge that the German coasts
are open to trade with the Scandi-
navian countries" The recent placing
of cotton on the British list of con-
traband is spoken of as making it APP
pear that the British government
themselves have been forced to the
conclusion that the blockade is in
effective to prevent shipments of cot
ton from reaching their enemies, or
else that they are doubtful as to the
legality of the form of blockade which
THEY have sought to maintain
(20) Decisions are cited to show
that it is an essential principle. uni
versally accepted that blockade
must apply impartially to the ships
of all nations, and it is added that
IF belligerents themselves trade with
blockaded ports" the principle in the
past has been that they cannot be
regarded as effectively blockaded.
These decisions are referred to since
it is a matter of common knowledge
that Great Britain exports and re-eX-
ports large quantities of merchandise
to Norway, Sweden, Denmark and
Holland whose ports, so far as
American commerce is concerned, she
regards as blockaded.
(2D The principles of The laws of
nations which forbid the blockade of
neutral ports in time of war. en-
bodied in that part of the Declaration
of London adopted by Great Britain
as to the blockades are discussed and,
several decisions of the British prize
courts prior to the present war, as
well as the Matamoras cases in the
American civil war are recalled to
support the contention of the United
States.
(22) Measured by "the three uni
versalIy conceded tests the present
British measures cannot be regarded
as constituting a blockade, in law,
in practice or in effect"
(23) Formal notice is given that the
blockade" which Great Britain
claims Ito have instituted under the
order in council of March II, cannot
be recognized as a legal blockade by
the United States"
(2D The British view of the fam
Gus Springbok case at the outbreak
of the present war is cited to support
the American contentious.
(25 to IS inclusive.) These deal
exhaustiyely with the modes of ju-
dicial redress for citizens of neutral
countries, and reaches certain general
conclusions. The government of the
United States the note saws. has
viewed with surprise and concern the
attempt of His Majesty's government
to confer upon the British prize
courts jurisdiction by this illegal ex-
ercise of force in order that these
courts may apply to vessels and car
goes of neutral nationalities, seized
vi tIe HISn seas, nunlclpal laws and
orders which can only rightfully be
enforceable within the territorial wat
ers of Great Britain. or against YES
sells of British nationality when on
the high seas. 8 The United
States government feels that it can
not reasonably be expected to advise
it's citizens to seek redress before
tribunals which are in it's opinion.
unauthorized by the unrestrained ap-
plication of international law to grant
reparation, nor to refrain from pre-
senting their claims directly to the
British government through diplo-
matte channels"
Secretary Lansing moreover denies
in this connection that the charges
such as pilotage. wharfage, unloading
costs, etc, against detained vessel
must be paid by the claimants, and
adds that the United States is "Ioath
to believe that such ungenerous treat
ment will continue to be accorded
American citizens" Any waivers of
indemnity exacted from American
under such conditions of
duress" it is declared, cannot pre-
clude them from subsequently OBJ
redress through diplomatic
channels.