Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1916-04-27

enemy" II SAYS. lis fundamental and
incontestible, and ought not to be re-
stricted to intercepting contraband
which happens to be accompanied on
board the ship by proofs sufficient to
condemn 1t. What is essential Is to
determine whether or not the goods
were on their way to the enemy If
they were. a bellEerent is entitled to
detain them and having regard to the
nature of the struggle in which the
allies are engaged. they are compelled
to take the most effectusl steps to ex-
crcise that right"
PRIZE COURT DEFENDED.
In long discussion of prize court
procedure. the note gives assurances
that the orders i'm council do not over
ride International law and that the
prize court has full power to decide
that any given act under those orders
is illegal and to entertain any claim
for compensation on that basis.
AS In previous note in answer to
the contention that commerce of the
United States is being destroyed by the
British interferences figures issued by
the United States department OF COM
merce are quoted to show that exports
to the Scandinavian countries and Hol-
land increased from s97,000,O00 in 1918
to $235,00O,o00 in 1915.
I'm the face Of such figures" says
the note. 'it seems impossible to ac-
cept the contention that the prize court
procedure in Great Britain has prac-
tically destroyed much of the export
trade of the United States to neutral
countries in Europe, and the infer
ence is suggested that if complaints
have been made to the administration
at Washington by would-be exporters
they emanated not from persons who
desired to engage in genuine COM
merce with the neutral countries but
from those who desired to despatch
goods to the enemy under cover of u
neutral destination and who found it
more difficult to conceal the real facts
from the prize court under the new
procedure"
WHY COTTON WAS SEIZED.
At this point the note takes up the
American contention that goods com.
prising part Of the common stock of the
neutral country to which they are con-
signed should not be intercepted 1t re-
piled that The question of whether
goods dispatched to a neutral port were
| intended to become part of the mass OF
merchandise for sale in that country is
| one of fact" 1t declares that when
the allies found it necessary to intercept
shipments of cotton to Sweden cit
TRANSFERRED that though the Quays AMI
warehouses of Gothenburg We're con-
Eested with cotton there was none avail
able for the use Of the Spinners in
Sweden" 1t adds that contracts falling
into British hands proved that goods
We're not intended for the consumption
of neutrals to whom they we're consigned
but were bound to Germany.
The note refers 10 action taken by the
United States during the Civil War to
stop such a trade and to the supreme
court doctrine of continuous voyage given
to cover all cases where there was an In
tention to t!Wart tho blockade by what
ever means. direct or indict.'
UPHOLDS BLOCKADE
The note argues at length to Justify the
effectiveness of the blockade and con-
tends that the passage of commerce to a
blockaded area across q land frontier or
across an inland sea never has been held
to interfere with the effectiveness of a
blockade.
The putting of cotton on the contra
band list, the note says, was forced by
the accumulation of evidence that it
was being used only for military pur-
poses in Germany and that its use for
other purposes Was prohibited.
70 the American contention that the
curtailment of neutral rights by these
measures which are admittedly retalia-
tory and therefore Illegal cannot be ad-
mitted," the note replies:
although these measures may have
been provoked by the illegal conduct OF
the enemy, they do not in reality con-
hict with any general principle of inter-
national law of humanity or Of civilza =
ton; they are enforced with consdcra-
! ton against neutral countries and are
| therefore juridicaly sound and valid.
WILL RESPECT NEUTRALS.
FINALLY, His Majestys government
desire to assure the United States gov
eminent that they will continue their
efforts to make the exercise of what
they conceive to be their bellgerent
rights as little burdensome to neutrals
as possible"
| Then. referring to steps taken to ex-
pedite examination of ships and cargoes,
| the note says:
! 1T is to such mitisatlons that the
/ allies ana the neutrals concerned should
| look for the removal of difficulties now
| encountered rather than to abrupt
changes either in the theory or appli-
cation of IA policy based upon admit
ted principles Of international law care
! fully adjusted to the altered conditions
! Of modern warfare