New York Times Current History: The European War, Vol 2, No. 1, April, 1915: April-September, 1915 — John Shaqi
New York Times Current History: The European War, Vol 2, No. 1, April, 1915: April-September, 1915Various
History
New York Times Current History: The European War, Vol 2, No. 1, April, 1915: April-September, 1915
Various
World War, 1914-1918
The foregoing comments apply to cargoes destined for Germany. Cargoes
coming out of German forts present another problem under the terms of
the declaration. Under the rules governing enemy exports only goods
owned by enemy subjects in enemy bottoms are subject to seizure and
condemnation. Yet by the declaration it is purposed to seize and take
into port all goods of enemy "ownership and origin." The word "origin"
is particularly significant. The origin of goods destined to neutral
territory on neutral ships is not, and never has been, a ground for
forfeiture, except in case a blockade is declared and maintained. What,
then, would the seizure amount to in the present case except to delay
the delivery of the goods? The declaration does not indicate what
disposition would be made of such cargoes if owned by a neutral or if
owned by an enemy subject. Would a different rule be applied according
to ownership? If so, upon what principles of international law would it
rest? And upon what rule, if no blockade is declared and maintained,
could the cargo of a neutral ship sailing out of a German port be
condemned? If it is not condemned, what other legal course is there but
to release it?
While this Government is fully alive to the possibility that the methods
of modern naval warfare, particularly in the use of submarines for both
defensive and offensive operations, may make the former means of
maintaining a blockade a physical impossibility, it feels that it can be
urged with great force that there should be also some limit to "the
radius of activity," and especially so if this action by the
belligerents can be construed to be a blockade. It would certainly
create a serious state of affairs if, for example, an American vessel
laden with a cargo of German origin should escape the British patrol in
European waters only to be held up by a cruiser off New York and taken
into Halifax.
Similar cablegrams sent to Paris.
BRYAN.
V.
BRITISH REPLY TO THE AMERICAN INQUIRY.
_The reply from the British Government transmitted by the American
Ambassador at London to the Secretary of State concerning the method of
enforcing the reprisal order follows:_
LONDON, March 15, 1915.
Following is the full text of a note dated today and an Order in Council
I have just received from Grey:
"1. His Majesty's Government have had under careful consideration the
inquiries which, under instructions from your Government, your
Excellency addressed to me on the 8th inst., regarding the scope and
mode of application of the measures foreshadowed in the British and
French declarations of the 1st of March, for restricting the trade of
Germany. Your Excellency explained and illustrated by reference to
certain contingencies the difficulty of the United States Government in
adopting a definite attitude toward these measures by reason of
uncertainty regarding their bearing upon the commerce of neutral
countries.
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