American Rights & British Pretensions on the Seas;
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GIass_ D^35~ Book. ^_ The Facts—and the Documents AMERICAN RIGHTS & BRITISH PRETENSIONS On the Seas At Book-stores and News-stands, One Dollar y 5 AMERICAN RIGHTS & BRITISH PRETENSIONS on the SEAS 2 ?±^ The Facts and the Documents, Official and Other, Bearing upon the Present Attitude of Great Britain toward the Commerce of the United States Compiled, with introductory memoranda, by WILLIAM BAYARD HALE New York Robert M. McBride & Company 191 3^ Copyright, 19 15, by William Bayard Hale CONTENTS I The First Encroachments II The Summit of Arrogance III Ships and Cargoes Stopped at Sea IV The Case of Cotton V Indirect Interference with Trade VI Interference with Communication VII Our Larger Interests VIII List of Ships Detained IX Quotations Pertinent to the Issue X Official Documents XI Diplomatic Correspondence The Government of Great Britain has virtually set up in the midst of the busy seas an arbitrary court, claiming unheard-of powers and exercising the most tyrannous police functions; seiz- ing and haling into the dock as suspects all travelers upon the ocean highways, and visiting many of them with heavy penalties for unproven, and indeed unprovable, offenses. This lawless assizes of the seas, contemptuous alike of its own precedents and of the rights of others, scarcely stoops to the pretense of citing authority for its actions, which are determined solely by its brutal will, and enforced, though indeed largely through intimidation, by the gigantic power of its naval police. The extent of the earth's surface over which this extraordinary court is permitted to wield its self-arrogated jurisdiction, the magnitude of the in- terests which its actions vitally affect, and the supineness with which sovereign States submit to the erection, upon the ruins of their self-respect and the debacle of their highest commercial and political interests, of an island's municipal statutes into inter- national formulas, unite to render this one of the spectacles of history. AMERICAN RIGHTS AND BRITISH PRETENSIONS On the SEAS THE FIRST ENCROACHMENTS people of the United States have reached its present excess of insolence, the THEspent a great deal of breath in dis- United States Government was obliged to cussing the respective merits and in- characterize as "an almost unqualified de- terests of the nations at war in Europe. nial of the sovereign rights of nations now * Is it not time for us to give our attention at peace." seriously to our own interests, as they are affected by the struggle? Let us get a few principles in mind: It is an easier mental exercise, a more Civilization does not countenance the engaging diversion, unquestionably, to fol- view that war works a stoppage of the or- low the fortunes of opposing armies, as dis- dinary vocations, or interferes with the or- played in the morning papers day by day, dinary lives, of non-combatants. Com- than it is to study the unromantic subject merce is free to flow in its regular channels of the treatment which American interests in war as in peace, subject to two limita- are receiving at the hands of the belliger- tions or exceptions only, clearly defined and ents. Yet, after all, the question whether universally understood. These exceptions Roumania sides with the British Allies or are that vessels are forbidden to go through with the Teutons, whether Bulgaria or a blockade; and that they are forbidden to Servia gets Macedonia, whether Germany carry what is denominated "contraband." retains or gives up Courland, is of slight There are, then, two grounds on which practical importance to us compared with goods may lawfully be stopped on their way the question whether the condition of the to a belligerent: people of the United States is bettered or First, on the ground that they are at- worsened by the events of the war. tempting to run a blockade, which has been This volume owes its existence to a belief formally declared and is being physically that it is the business of Americans to guard maintained against the port to which the the interests of America—and if to guard goods are consigned. them, then, necessarily, to study them. It Second, on the ground that the goods are aims to afford materials for such study of contraband. American interests in at least one aspect As for goods coming from the country of —the aspect which, as the months draw on, a belligerent, there is only one good ground emerges as perhaps the most anxious object on which they may be stopped, namely : the of our concern : the vindication of the right ground that they are attempting to run a of neutral ships to sail the seas on peace- blockade. able errands with innocent cargoes. The subject of blockade will be more fully Against Germany that right has been considered further on; at present it is vindicated. enough to point out the indisputable fact It remains to assert it against Great that international law makes these require- Britain. Less tragic than German attacks ments concerning a blockade, namely : first, upon our rights at sea, the persistent tres- that it must be a real blockade ; second, that passes of the British have not drawn the it must be effective ; and, third, that it must same strained attention nor aroused the apply equally to all nations. The United same dramatic passions. Nevertheless, it States Government contends that no block- would be difficult to exaggerate the serious- ade exists against any German port. ness of the issue which Great Britain has It follows that it is only as contraband, forced upon us by a course of conduct, and only when on the way to Germany that which, months ago, and long before it had *Note to the British Government, March 30, 1915. : AMERICAN RIGHTS AND BRITISH PRETENSIONS cargoes from America are lawfully liable Powers, and stands as the fullest and latest to interference. Let us remind ourselves statement of the principles of international what, precisely, "contraband," is. law on the subject. Contraband goods fall into two distinct The principles set forth above are those classes. Certain articles, which are mani- which the signatories of the Declaration of festly intended for warlike uses, are absolute London declared to be the understood and contraband. They are subject to capture if accepted law of nations with respect of shown to be destined to territory of the blockade and contraband. enemy. Certain other articles, which may or may Such being the principles and the laws not be intended for warlike uses, fall into governing maritime affairs in time of war, the category of conditional contraband, and how has the practice of the British Govern- the rule of international law regarding it ment conformed to them? is this: Conditional contraband is subject The long series of abuses and outrages to seizure by an enemy if it is detected at inflicted upon American commerce by the sea on its way to the army, navy, or official Government of Great Britain may perhaps administration of the enemy Government. be summarized under the following heads It is not subject to seizure if consigned to I. Neutral merchantmen carrying inno- a neutral country or to private citizens of cent merchandise from American to German a country at war. ports, or from German to American ports, The first issue between the Government of are forbidden to proceed on their voyages. the United States and that of Great Britain Any neutral ship attempting to proceed lies here. Let us get the facts, then, clearly from an American to a German port, or in mind : It is a firmly established principle from a German to an American port, will be of modern international law that articles taken to a British port, where the cargo of conditional contraband, carried in neu- will be discharged and handed over to the tral ships, not intended for the use of the marshal of the Prize Court. As a matter of army, navy or Government of a belligerent, fact, no ships now attempt to pass between are not subject to capture or detention at Germany and America. And, yet, under all sea. If intended for military use, they are accepted rules of international law, neutral so subject—they are contraband; but if ships have a perfect right to proceed to Ger- destined for the ordinary use of life in the man ports or to come out from German enemy's country, and not distinctly for the ports save such as are specifically blockaded. enemy's forces, they are not contraband. It There is no blockade of any German port. is clear that no question can arise as to the (See, however, page 13, ff.) character of goods known as conditional II. American and other neutral vessels contraband when they are on their way to on their way between American ports and a neutral port; in that case they are inno- other neutral ports are forced to call at cent. British ports, there to be examined and There is nothing particularly abstruse in often to discharge their cargoes. the subjects of blockade and contraband. International law allows the right of visit They are two subjects upon which inter- and search at sea, but it does not contem- national law has really reached clear con- plate the dragging of merchantmen into clusions. On Feb. 26, 1909, an interna- ports out of the line of their voyage and tional conference in session in London pro- their detention there for days, weeks or mulgated what has become known as the months, at all sorts of inconvenience and Declaration of London Eelative to the Laws loss.