The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-09-25


to a realization Of the meanings
of the war.
BY George w. Wiekershan, S-arner
Attorney General of the United
States.
When the issue is clear thea the
alternative to war is national dis
honor only a base and decadent
people refuses to draw the sword.
The Continental Congress, in reeogni-
ton of that fact, on July 10, 1Ag6, re-
solved that the circular letters writ
ten by Lord Howe be published:
that the few who still remain sus-
pended by a hope founded either in
the justice or moderation Of their
late king may now, at leRGth, be
convinced that the valor alone OF
their country is to save its hber-
ties"
1t was the conviction Of the Am
erican people that national freedom
was essential to secure tSdividual
liberty, that led them to ~ ntain a
war against overwhelming odds for
seven long years, until the reeognt-
ton Of their independence was won
BY a series of interferenees with
and restrictions upon our right To
carry on commercial intercourse with
other nations, England finally pro-
voked us,~in 1912, again to draw the
sword, in defense of that freedom to
trade which is one of the essential
rights without which nation can
not preserve it's liberties. The griev-
ances against the English govern
ment set forth in President Madi-
sons war message Of June 1, 1872
were principally that:
American Flag Violated.
British cruisers have been in the
continued practice of violating the
American flag on the great highway
Of nations, and of Selling and carry
ing off persons sailing under 1t.
Under pretended blockades, without
the presence Of an adequate force,
and sometimes without the practica-
bility of applying one, our commerce
has been plundeFed in every sea; the
great staples of our country have
been cut off from their legitimate
markets. and a destructive blow
aimed at our maritime interests"
Objection also was made to the
sweeping system of blockades under
the name of orders in council" which
the government OF Great Britain had
Established. These paper blockades
were never recognized as effective by
the United States. Her position had
been thus stated by Mr.. Madison
when secretary of state in 1903:
The law of nations requires to
constitute a blockade, that there
should be the presence and position
of a force rendering access to the
prohibited place manifestly difficult
and dangerous.
The principles also has been teFse-
Nv summarized in the phrase: Block
AIDES. in order to be binding, must be
effective"
Orders in Council Repealed.
Within two years after the declara-
ton of war by the United States In
1912, the British government repeal
ed the orders in council and the
blockade of 1906 and all other illegal
blockades, and declared that 1t would
institute no blockade which should
not be supported by an adequate
force. Mr.. Monroe, then secretary OF
state, thereupon instructed the Am
erican ENJOYS at Client, that "it was
thought better to leave that question
on that ground than to continue the
war to obtain a more precise defini-
ton Of blockade, after the other es-
sential cause of the war, that OF i'm
pressment, should be demoved."
Since that time, and until 1915, all
civilized nations have accepted the
principle which was formulated in
the Declaration Of Paris in 1856, in
these words:
"a blockade, to be binding, must
be maintained by a force sufficient,
really, to prevent access to the enemy
coast line"
Riaht of Blockade Recognized.
The right of a country engaged in
war with another to establish and
maintain a blockade of the enemy's
ports is fully recognized by all ma
lions, and the liability of neutral
vessel to capture and condemnation
in a prize court of the captor's ma
tionality conceded. The right of a
merce destined to an enemy country
TO be eontraband Of war, to visit and
search on the high seas the vessels
of neutral nations carrying cargo,
and to detain them when there IS
sufficient evidence to justify belief
that contraband articles are in their
cargoes, is freely recognized, ana
was admitted in the communications
of our own state department during
the present war. But as was stated
by Earl Grey in a communication to
our government early in this war, "a
belligerent, in dealing with trade
between neutrals, should not inter-
fere unless such interference Is
necessary to protect the belligerent's
national safety, and then only TO the
extent to which this is necessary,
Much discussion has taken place
between nations as to what articles
should be deemed absolute contra
band of war and what conditional;
as to when and how neutral vessels
suspected of carrying contraband or
war to enemy consignees should be
examined and how dealt with. But
the history of civilized nations will
be searched in vain for any recognt-
ton OF the doctrine that q belligerent
power has any right to proclaim
prohibited zone about an enemy
coast into which a neutral ship may
penetrate only at the risk Of its de-
struction and the forfeiture OF the
lives OF it's crew and passengers at
the viii of the bloekading power.
The Barbary Powers, In the Etgh-
teenth and the early part of the
Nineteenth centuries, sent forth
armed vessels to capture, without
any declaration Of cause OF war,
peaceful merchantmen of other ma
their crews. The government of the
United States determined to end
these piratieal practices. President
Jefferson put the matter squarely UP
to congress by bluntly saying:
eft rests with congress to decide
between war, tribute. and ransom as
the means of establishing our
Mediterranean commerce.
Congress did not hesitate in the
adoption of the alternative Of war,
and the navy OF the United States,
under cambridge and Decatur, wrote
the first chapter in the glorious his
tory OF its achievements by the COM
plete overthrow OF the piratical
The Bashaw Of Tripon de-
iivered UP all the American subjects
IN his possession, paid substantial
and entered into a treaty
securing to the citizens Of the United
states the right Of commercial I'M