New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-02
BY ELLERY {. ST0WELL
Associate Professor OF international
Law, Columbia University
..,.... -.-....LI.. L. IN. T-thtrea
snecially for The Tribune

Law, Columbia nlNerslty
Written specially for The Tribune
Germany's notification Of a pre-
scribed area surrounding the coasts Of
her enemies. wherein she proposes 10
torpedo vessels without warning,
naturally leads US to ask how this ac-
ton compares with the measures
adopted by Great Britain and the En-
tente Allies TO shut off neutral COM
merce with Germany. They are alike
in one thing. that neither can claim
to be blockade, since they do not,
on the one hand or the other, fulfil
the requirements Of an international
blockade
Great Britain has not even so much
os asserted that she was conducting a
blockade of Germany. Strange TO
say, it was first from America that
the suggestion came that she qualify
her operations by the name Of block
ade If ] remember, the ground for
this singular suggestion was that, by
such name the British operations
would prove more acceptable 20 the
American public. The astute minds
i'm control Of British naval policy did
not take the hint, and P.ggott, well
known authority on international law,
20 misunderstood our intention as 10
accuse US in THE London Tines of
trying 10 entrap the British.
One Justification
The only justification for her meas
ures which Great Britain vouchsafed
was on the ground of reprlsal against
Germanys violations Of internatlona!
law in her conduct Of operations
Wnen we mildly urged that whatever
grounds of reprisal the Allies might
have against Germany could not JUSTIFY
interference with our neutral rights
the astute and suave diplomats Of the
British Foreign Office made the best
they could Of the situation. but con-
tinued 10 increase the severity of their
restrictions on our legitimate COM
merce with Germany. They passed
from one measure 10 another until they
reached the notorious Black List, than
which no greater violation OF sovereign
right has been perpetrated.
This extraordinary series OF VIOLA
t.Ons Of American rights was MADE
possible in the first place through the
great sympathy of the American peo-
pie for the cause for which Great SrlI-
ain was fighting, England and France
had been forced into a struggle 70 re-
tain their possessions and 20 protec.
Belgium against the invasion of one OF
the very powers that had agreed with
- a D. "
Detual neutrality and lnvlola6ilty OF
Belgium.
The more the American people real
.zed the terrible consequences oil Ter
manv's brutal and unjustitiable lnVa-
sion of Belgium, the more READY jney
became 20 incline their sympaJhles
toward the side Of the Entente Allies
Ought to Have Joined
They ought to have joined with them
in defence of the law of nations, for,
as that great iurist, the late John west
lake, has well said:
"There is no general duty OF man
tanning the condition OF neutrality. IN
the contrary. the general duty OF every
member of a society is 20 promote JUS
+;ce within it,, and peace only on the
footing Of Justice. such being the peace
which alone is of much value or llhely
10 be durable Thus m state the man
would be bad citizen who allowed
crime 10 be committed before his eyes
without doing his best 20 prevent H.
or who refused to assist the magls-
rates in furnishing crime; ana IN the
societv Of states the action OF all the
members in unfolding its laws IS the
more required, since an organized gov
eminent Is wanting. We may sum
nm by saving that neutrality IS not NOR
ai1v iustifable. unless Intervention IN
the war is unlikely 10 promote justice
or could do so only at a ruinous cost
20 the neutral I'LL. g,
Another important factor, whIch "a
ciIita+ed Great BritaIn's nterierence
witch our German bound commerce was
the tremendous development Of the de-
mand for American goods TO supply
the beiligerent needs OF the Entente
Allies. In spite Of the interruption OF
our trade with Germany, our foreign
commerce has reached an unprecedent-
ed figure The great ability OF brltisn
statesmen. especially Sir Eyre Grove,
and the French naval expert Henri
Fromapeot. accomplished the strangu-
Iation of our German trade with as
little irritation as possible.
When the Germans sank the Lusi-
tania or committed any other blunder
Great Britain would proclaim another
measure TO iHterdict our legitimate
trade with Germany.
often Called Blockade
Tn the popular mind the British in
terdict is often spoken Of as a block
AIDE. but e bears almost no resemblance
20 the latter.
The blockade zones announced IN the
German memorandum have, on the
other hand, many Of the Characters
ties of an international law blockade.
The limits are carefully defined and
notified Interference with the com
mercc Of neutral ports seems 10 have
been avoided, and % is possible that
Germany may actually have force in
submarines sufficient 10 patrol the eX-
tensivc area Of coast included in the
notified limits. Even If Germany sat
isdes all these conditions, we have yet
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