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 facilities for boarding and inspection of modern ships are in
fact greater than in former times, and no difference, so far as the
necessities of the case are concerned, can be seen between the search
of a ship of a thousand tons and one of twenty thousand tons, except
possibly a difference in time, for the purpose of establishing fully
the character of her cargo and the nature of her service and
destination."
The new British practice, which required search at port instead of
search at sea, in order that extrinsic evidence might be sought (i. e.,
evidence other than that derived from an examination of the ship
at sea), had this effect:
"Innocent vessels or cargoes are now seized and detained on mere
suspicion while efforts are made to obtain evidence from extraneous
sources to justify the detention and the commencement of prize
proceedings. The effect of this new procedure is to subject traders to
risk of loss, delay and expense so great and so burdensome as
practically to destroy much of the export trade of the United States
to neutral countries of Europe."
The American note next assailed the British interpretation of the
greatly increased imports of neutral countries adjoining Great
Britain's enemies. These increases, Sir Edward Grey contended, raised
a presumption that certain commodities useful for military purposes,
though destined for those countries, were intended for reexportation
to the belligerents, who could not import them directly. Hence the
detention of vessels bound for the ports of those neutral countries
was justified. Secretary Lansing denied that this contention could be
accepted as laying down a just and legal rule of evidence:
"Such a presumption is too remote from the facts and offers too great
opportunity for abuse by the belligerent, who could, if the rule were
adopted, entirely ignore neutral rights on the high seas and prey with
impunity upon neutral commerce. To such a rule of legal presumption
this Government cannot accede, as it is opposed to those fundamental
principles of justice which are the foundation of the jurisprudence of
the United States and Great Britain."
In this connection Secretary Lansing seized upon the British
admission, made in the correspondence, that British exports to those
neutral countries had materially increased since the war began. Thus
Great Britain concededly shared in creating a condition relied upon as
a sufficient ground to justify the interception of American goods
destined to neutral European ports. The American view of this
condition was:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account