New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-08
SEARCH IN PORT
CALLED ILLEGAL
Protest Charges Vessels
Are Held Pending
Quest for Guilt.
COURT RELIEF DENIED
Neutrals Harassed by Orders in
Council Which Bind Prize
Tribunals.
fFr,m ne rrisun. Rur.,u !


Washington, Nov. American
diplomacy, fresh from what the ad-
ministration believes is a complete
victory over Germany, has been di-
rected against Great Britain. The
long-awaited note Of protest against
British interference with American
trade was delivered az the Foreign
Office by Ambassador Page on Fri
day and was made public at the
State Department to-day.
International law is the sole basis
of Secretary Lansing's argument.
Without flowers of rhetoric, except
for a paragraph or two near the end
which are understood to have been
modelled at the White House-the
long document attacks Great Brit
aims position on purely legal
grounds, but with a clarity Of die
tion that makes the note appeal to
the layman, as well as 10 the law
yer.
The three chief points OF Secrc-
tary Lansing's argument are:
First-The seizure of neutral ves-
sells on the high seas without imme-
! diate evidence of improper character
or destination Of cargo is contrary
to international law. IL is alleged
that the British practice has been 10
seize the vessels and take them into
port first and 10 seek grounds OF
seizure afterward.
Second-The British BLOCKADE" is
illegal, in that il is neither effective
nor impartial, and because it closes
neutral ports.
Third-The United States is not
bound to withhold diplomatic pro-
tests until the prize and superior
courts have passed on cases Of seiz-
ure. Prize courts have no jurisdic-
ton over vessels illegally seized.
Cotton Protest Held Back.
A protest against the British or
der placing cotton on the absolute
contraband list, which was expected
TO be contained in this note, is re-
served for a later date.
By quotations from it's own wri.-
ers on international law and by cita-
tions of its own practice in previous
wars, Secretary Lansing repeatedly
points out inconsistencies Of the
British government.
What this government will 20 IN
case OF rejection Of its contentious
by Great Britain is not indicated II
is made plain, however. that the United
States expects the British government
Immediately to concode the injusti .
Of It's past actions and 10 refrain from
such practices in future.
Relying upon the regard Of ths
British government" says the ote.
"for the principles OF justice so fro
uuently and uniformly manifested rio
70 the present war, this goyernmcn;
anticipates that the British govern
ment will instruct its officers TO r'-
frain from these vexatious and Illegal
practices"
Among officials Of the administra-
ton. however, there is no serious De.
lief that Great Britain is ready %
WELD 20 any argument against its in
tercst as a belligerent. Many officials
frankly predict that the British ply
will be an attempt al refutation OF the
American contentious.
This. d, is admitted. would force TIE
United States 20 arbitration a. IN,
only escape. The present note l. be-
yond question the strongest possible
presentation Of the position of tn,
United StaIs, and its failure TO con-
vince Great Britain will be an un-
mistakAble sign that diplomacy IL
helpless 20 cope with the situa.ioa.
There is no expectation. however. OF
any crisis such as that with Germany,
as the administration feels that queS-
tions which do not involve human life
may be debated at length without ran
cor.
Search Made Imperative.
On the first OF his three points. Sec
retary Lansing points out that the
practice OF nations. as shown in their
instructions 10 naval commanders from
1885 20 the beginning o. the present
war, makes IL imperative that belliger-
eits search suspected neutral vessels
NJ sea, and not in port. ard that the
vessel seized should not even be de-
hected from her course unnecessarily.
IL is ,pecihcally denied that the
United States followed the practice OF
taking vessels into port for search dur
ing the Civil War Instructions -
naval commanders issued IN 1852 oy
the Secretary OF the Navy, Gideon
Welles, are inclosed in the note. these
instructions provide that a vessel
"not to be seized without sesfen
diligently made and mAi be rsleas,i
~ N shall appear TO Your sa.istAcito"