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
The detentions of American vessels and cargoes since the opening of
hostilities, presumably under the British Orders in Council of August
20 and October 29, 1914, and March 11, 1915, formed one specific
complaint. In practice these detentions, the United States contended,
had not been uniformly based on proofs obtained at the time of
seizure. Many vessels had been detained while search was made for
evidence of the contraband character of cargoes, or of intention to
evade the nonintercourse measures of Great Britain. The question
became one of evidence to support a belief--in many cases a bare
suspicion--of enemy destination or of enemy origin of the goods
involved. The United States raised the point that this evidence should
be obtained by search at sea, and that the vessel and cargo should not
be taken to a British port for the purpose unless incriminating
circumstances warranted such action. International practice to support
this view was cited. Naval orders of the United States, Great Britain,
Russia, Japan, Spain, Germany, and France from 1888 to the opening of
the present war showed that search in port was not contemplated by the
government of any of these countries.
Great Britain had contended that the American objection to search at
sea was inconsistent with American practice during the Civil War.
Secretary Lansing held that the British view of the American sea
policy of that period was based on a misconception:
"Irregularities there may have been at the beginning of that war, but
a careful search of the records of this Government as to the practice
of its commanders shows conclusively that there were no instances when
vessels were brought into port for search prior to instituting prize
court proceedings, or that captures were made upon other grounds than,
in the words of the American note of November 7, 1914, evidence found
on the ship under investigation and not upon circumstances ascertained
from external sources."
Great Britain justified bringing vessels to port for search because of
the size and seaworthiness of modern carriers and the difficulty of
uncovering at sea the real transaction owing to the intricacy of
modern trade operations. The United States submitted that such
commercial transactions were essentially no more complex and disguised
than in previous wars, during which the practice of obtaining evidence
in port to determine whether a vessel should be held for prize-court
proceedings was not adopted. As to the effect of size and
seaworthiness of merchant vessels upon search at sea, a board of naval
experts reported:
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