New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-18

adaptation of the existing right 70 ths
modern conditions Of commerce. ana
like all belligerent rights, IT must oG
exercised with due regard TO neutrai
interests, and it would be unreasonaOle
TO expect neutral vessel 70 make
long deviations from her course TOT
this purpose" For this reason, IT IS
asserted. neutral merchantmen were
encouraged TO visit some British port
on their route to avoid the alterna-
tive Of keeping a vessel waiting. per-
haps, for days. for better weather con-
ditions on the high seas.
Realizing that in no war that mas
yet been waged have neutral indlvld-
uals mot occasionally suffered from
uniustifed belligerent action Great
Britain suggests that opportunities for
adequate compensation are offered IN
the British prize courts, details OF
which proceedings are given.
Proper Course for Neutrals.
1T is the common experience OF
every war" continues the note, that
neutrals whose attempts to engage IN
suspicious trading are frustrated by a
belliRerent are wont TO have recourse
to their government TO urge that dip
lomatic remonstrances should be made
on their behalf and that redress
should be obtained for them in this
way. when an effective mode OF re-
dress is open to, them in the courts
Of civilized country by which they
can obtain adequate satisfaction for
any invasion Of their rights which is
contrary to the law of nations, the
only course which is consistent with
sound principle is that they should be
referred to that mode Of redress. and
that no diplomatic action should be
taken until their legal remedies have
been exhausted and they are in a pO.
siton to show prima facie denial Of
justice"
The British government recalls that
ii followed this course with its own
ships during the American Civil War
and the Spanish American War.
Ambassador Page is reminded that
he has been supplied by the British
Foreign Office with particulars OF
every ship under American colors de-
tanned, and Of every shipment of car
go in which an American citizen APP
pears to be the party interested. mot
only is the fact of detention notified to
your excelIency," says the note, but
so far as is practicable, the grounds
upon which the vessel or cargo had
been detained are also communicated
to you, concession which enables
any United States citizen to take
steps at once to protect his interests
Turning to the question of condi-
tional contraband and foodstuffs, the
note says:
mo country had maintained more
stoutly than Great Britain in modern
times the principle that a belligerent
should abstain from interference with
the foodstuffs intended for the civil
population. The circumstances Of the
present struggle are causing his NAL
esty's government some anxiety as 10
whether the existing rules with re-
gard to conditional contraband, framed
as they were with the object Of pro-
tecting so far as possible the supplies
which were intended for the civil
population, are effective for the pur-
pose or suitable TO the conditions
present The principle which | have
indicated above is one which his
maiesty's government have constantly
had to uphold against the opposition
Of Continental powers. In the absence
of some certainty that the rule would
be respected by both parties to this
conflict, we feel great doubt whether
it should be regarded as an established
principle of international law
Quotes Prince Bismarck
Sir Edward quotes Prince Bismarck's
answer to the Kiel Chamber Of Com
merce in 1874 in connection with the
treatment of rice as contraband in the
French Chinese war.
"The measure in question:" Prince
Bismarck is quoted as saying, has for
its object the shortening of the war by
increasing the difficulties of the enemy,
and is a justifiable step in war II i'm
partially enforced against all neutral
ships" .,
"His majesty's government" the
British note remarks, ARE disposed to
think that the same view is still main
tanned by the German government.