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


can In no way affect his rights OF
trade. Moreover. even II goods listed
a. conditional contraband are destined
10 an enemy country through a neu.
raj country. that fact Is not in itself
suheient 10 justify their seizure.
Only Course Left.
O5.) In view OF these considera.
tons. the United States announces
mat II has no other course but to
contest seizures of vessels at sea upon
c~onJectural suspicion and the practice
OF bringing them into port for the
purpose. by search or otherwise. OF
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 vexa-
tious and Illegal practices
Cl6.) Directing particular attention
TO the ~so-called blockade measures"
imposed by the order in council OF
March IL. the British note Of July %
last is cited 10 confirm the intention
~ toAdbAA7u = AIIeT over
six months application OF the blockade
order. the note says. the experience
o. American citizens has convinced
the government of the United States
that Great Britain has been unsuccess
full in her efforts TO distinguish be-
eween enemy and neutral trade"
u7.) The practice of requiring a
consignor to prove that his shipments
ere not bound TO an enemy of Great
Britain, even when articles are on the
embargo list Of the neutral country TO
which they are destined. Is character
lied as ~"harassing to neutral traders"
GS). While the United States gov
eminent was at first inclined to view
with leniency the British measures
which were termed i'm the correspon-
dence but not in the Order in Council
OF March IL. "a blackade. because of
the assurances Of the British govern
ment that Inconvenience to neutral
trade would be minimized by the dis
erection left 10 the courts in the appli-
cation of the Order in Council and by
the instructions which il was said
would be issued to the administrative
and other authorities having TO do
with the execution OF the so-called
blockade measures. this government
Is now forced to the realization that
its explanations, which were fully set
forth in its note OF March 3Oth were
based on a mis%conception of the in
tentions OF the British government
Desiring TO avoid controversy and in
the expectation hat the administra-
ton of the Order in Council would
conform To the established rules OF in
ternational law, this government has
until nov reserved the question Of
the actual validity of the Order in
Council of March II. insofar as il is
considered by the government Of
Great Britain to establish a blockade
within the meaning of that term as
understood in the law and practices Of
nations: but in the circumstances
now developed il feels IL can no
longer permit the validity OF the al
legged blockade TO remain unchal-
lenged."
G9). Pointing out that in accord
ance with the Declaration Of Paris in
1856 the effectiveness Of a blockade
Is 'manifestly a question OF fact" the
United States says IL Is common
knowledge that the German coasts
are open 10 trade with the Scandina.
Wan countries" The recent placing
Of cotton on the British list Of con
traband is spoken OF as making il ap-
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"
Decisions Cited.
t20). Decisions are cited 10 show
that II Is IN essential principle. uni.
versally accepted. that a blockade
mus apply impartially to the ships OF
ell nations. and IL is added that ~
b%elligerents themselves trade with
~blockaded ports.' the principle in the
past has been that they cannot be re-
garded as effectively blockaded
These decisions are referred 10 since
T. Is a matter OF common knowledge
that Great Britain exports and re.
exports large quantities Of merchan-
disc 20 Norway. Sweden. Denmark.
and Holland. whose ports. so far as
American commerce is concerned.
she regards as blockaded
2ll. The principles az the laws OF
nations which forbid the blockade OF
neutral poIl~ III TIME or war. en-
bodied in that parr of the Declaration
Of London adopted by Great Britain
a. TO blockade. are discussed and
several decisions Of The British prize
courts prior 10 the present war as
we'll as the Natamoras cases i'm tho
American Civil war are recalled To
support the contention Of tho United
States.
1927. Measured by the three uni.
versallv conceded tests tho present
British measure cannot be- regarded
a. constituting a blockade. lu law. iu
practice. or IN effect"
t-3l. Formal notice f- given that
'he blockade, which Great Britain
claims 10 have Instituted under tho
order in Council of March ~ cannot
Do recognized as q LEGAL blockade bv
tho United States
i-iI The British f.,. u. tho
famous Spriugbok case before fI, nr.
break of h'r present was cited Iu
support The American CONVENTIONS
Modes Of Redress.
t.' to 90 luoluaiyDI Th,.. deal s,.
hau-fIHelE with fNH mode uI judicial
redress for citizen. of neutral oIu
titles and rUIrIr. certain general com
illusions 9Th. Government OFF f1.
United Sfsf'. fHr note sass. ta