The Story of the Great War, Volume 5: Battle of Jutland Bank; Russian Offensive; Kut-El-Amara; East Africa; Verdun; The Great Somme Drive; United States and Belligerents; Summary of Two Years' War
History
The Story of the Great War, Volume 5: Battle of Jutland Bank; Russian Offensive; Kut-El-Amara; East Africa; Verdun; The Great Somme Drive; United States and Belligerents; Summary of Two Years' War
World War, 1914-1918
"... So far as the interests of American citizens are concerned the
Government of the United States will insist upon their rights under
the principles and rules of international law as hitherto established,
governing neutral trade in time of war, without limitation or
impairment by order in council or other municipal legislation by the
British Government, and will not recognize the validity of prize-court
proceedings taken under restraints imposed by British municipal law in
derogation of the rights of American citizens under international
law."
British prize-court proceedings had been fruitful of bitter grievances
to the State Department from the American merchants affected. Sir
Edward Grey pointed out that American interests had this remedy in
challenging prize-court verdicts:
"It is open to any United States citizen whose claim is before the
prize court to contend that any order in council which may affect his
claim is inconsistent with the principles of international law, and
is, therefore, not binding upon the court.
"If the prize court declines to accept his contentions, and if, after
such a decision has been upheld on appeal by the judicial committee of
His Majesty's Privy Council, the Government of the United States
considers that there is serious ground for holding that the decision
is incorrect and infringes the rights of their citizens, it is open to
them to claim that it should be subjected to review by an
international tribunal."
One complaint of the United States, made on July 15, 1915, had been
specifically directed to the action of the British naval authorities
in seizing the American steamer _Neches_, sailing from Rotterdam to an
American port, with a general cargo. The ground advanced to sustain
this action was that the goods originated in part at least in Belgium,
and hence came within the Order in Council of March 11, 1915, which
stipulated that every merchant vessel sailing from a port other than a
German port, carrying goods of enemy origin, might be required to
discharge such goods in a British or allied port. The _Neches_ had
been detained at the Downs and then brought to London. Belgian goods
were viewed as being of "enemy origin," because coming from territory
held by Germany. This was the first specific case of the kind arising
under British Orders in Council affecting American interests, the
goods being consigned to United States citizens.
Public-domain text, read in full here on John Shaqi.
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