New Britain Herald Newspaper, April 6, 1915, Page 5

“WNe Justification o ~Embargo Against Germany, 1edq : United States Refuses to Admit Either Right or Claims of Triple Entente to C Gerinany. ‘Washington, April 6.—With the publication today of its note in reply to the British government's order in council proclaiming a virtual blockade fagainst comerce to and from Germany the American government rested case. Great Britain's next move awaited with the keenest interest in official and diplomatic circles here. The note, though couched in friend- ly language, denies the right of Great Britain and her allies to blockade neutral ports and reiterates the inten- tion of the United States to insist up- on its rights. It declared that toad- mit that right “would be to assume an attitude of unneutrality toward the present enemies of Great Britain which would be obviously inconsistent with the solemn obligations of this . government in the present circum- stances.” Left to Prize Courts, The communication takes note of Great Britain's declaration that the enforcement of the order is left large- 1y to the discretion of the prize courts, the customgs officers and the navy, and the hope is expressed that the, order will not be enforced in such a way as to prevent the free transit of neutral vessels from one mneutral to another through the cordon of British war- ships. It is added that many possibilities are seen for “serious interruption of American trade,” which would “im- pose upon his majesty’'s government heavy responsibilities for the acts of the British authorities.”” The note concludes with the hope that the Brit- is government, ‘“having considered these possibilities will take the steps necessary to avold them, and in the event that they should unhappily oc- cur, will be prepared to make fuil reparation for every act which under the rules of international law consti- tutes a violation of neutral rights.” Reviews Legal Phases. The note reviews at length the legal phases of a blockade of belligerent “territory and virtual blockade of neutral coasts. In conclusion the United States declares its expectation that Great Britain, after having con- sidered ‘“‘the possibilities of serious interruption of American trade” under the order-in-council, *will take the steps necessary to avoid them, and in the event that they should unhappily occur, will be prepared to make full reparation for every act, which, under the rules of international law, consti- tute a violation of neutral rights." The American communication in- terprets the circumstances under which Great Britain claims to be justi- fied in adopting retaliatory measures toward her enemies ‘as “merely a reason for certain extraordinary ac- tivities” by her naval forces, ‘“and not an excuse for or a prelude to any unlawful action.” “If the course of the present ene- mies of Great Britain,”” the note adds, “‘should prove to be in fact tainted by {llegality and disregard of the prin- ciples of war sanctioned by enlighted nations, it cannot be supposed and this government-does not for a mo- ment suppose that his majesty’'s gov- ernment would wish the same taint to attach to their own actions.” Ambassador Sharp at Paris was in- structed to present a copy of the its is American note to Great Britain and to | the French foreign office statement that although the French admiralty decree had not been officially received in Washington, it was understood here to be identical with the British order-in-council and the American government, therefore, made similar reply. Text of Note. The text of the note follows: “The secretary of state to the Amer- ican ambassador at London. “Washington, March 30, 1915. “You are instructed to deliver the following to his majesty's government in reply to your numbers 1795 and 1798 of March 15: The governpent of the United States has given careful consideration to the subjects treatcd in the British notes of March 13 and March 15 and to the British order-in- council of the latter date, “These communications contain Matters of grave imporcance to neu- tral nations. They appear tormenace their rights to trade and intercourse not only with belligerents, but also with one ancther. They call for frank comment in order that misunderstand- ings may be avoided. The govern- ment of the United States deems it its duty, therefore, speaking in the sin- cerest spirit of friendship, to make its own view and position with regard to them unmistakably clear. The order-in-council of the 15th of March would constitute, were its pro- visions to be actually carried into effect as they stand, a practical as- sertion of unlimited belligerent rights over neutral commerce within the whole European area, and an almost unqualified denial of the sovereign tights of the nations now at peace. Rights of Neutrals. “This government takes it for granted that there can be nu question what those rights are. A nation's sovereignty over its own ships and citizens under its own flag on the high seas in time of peace is, of course, un- limited, and that sovereignty suffers no diminution in time of war, except Insofar as the practice and consent now clearly determined rights, which It is conceded may be exercised by nations which are at war. “A belligerent nation has been con- veded the right of visit ana search and the right of capture and con- femnation, if upon examination a neutral vessel is found to be engaged In unneutral service or to be carry- ing contaband of war intended for the ebemy's government or armed forces. with che ut Off Trade With ) It has been conceded the right to de- tain an dtake to its own porws for ju- diclal examination all vessels which it suspects for substantial reasons to be c¢ngaged in unneutral or contraband service and to condemn them Iif the ruspiclon Is sustainea. But such rights, long clearly defined both in doctrine and practice, have hitherto been held to be the only permissible cxceptions to the principle of uni- versal equality of sovereignty on the high seas as between belllgerents and rations not engaged in war. “It is confidently assumed that his majesty's government will not deny that it is a rule sanctioned by general practice that, even though a blockade should exist and the doctrine of con- traband as to unblockaded territory Le rigidly enforced, innocent ship- ments may freely be transported to and from the United States through neutral countries to belligerent terri- tory without being subject to the | penalties of contraband traffic or Lreach of blockade, much less to de- tention, requisition, or notification. “However, the rules of the Declara- tion of Paris of 1856—among them that free ships make free goods, will hardly at this day be disputed by the signatories of that solemn agreement. Not Sustained by Great Britain. “‘His majesty's government, like the sovernment of the United States, have often and explicitly held that these 1ights represent the best usage.of war- tare in the dealings of Dbelligerents with neutrals at sea. In this connec- tion 1 desire to direct attention to the opinion of the chief justice of the United States in the case of the Peterhof, which arose out of the Civil war, and to the fact that that opinion was unanimously sustained in the award of the arbitration commission of 1871, to which the case was pre- sented at the request of Great Britain. From that time to the Declaration of London of 1909, adopted with modifi- cations by the order-in-council of the 28rd of October last, these rights have not been seriously questioned by the British government. And no claim on the part of Great Britain or any justification for interfering with the ciear rights of the United States and ite citizens as neutrals could be ad- mitted. To admit it would be to as- sure an attitude of unneutrality toward the present enemies of Great Britain which would be obviously in- consistent with the solemn obligations of this government in the present cir- camstances; and for Great Britain to make such a claim would be for her to abandon and set at naught the principles for which she has consist- ently and earnestly contended in other times and circumstances. “The note of his majesty’s princi- pal secretary of state for foreign af- fairs which accompanies the order-in- council, and which bears the same date, notifies the government of the United States of the establishment of a blockade which is, if defined by the terms of the order-in-council, to in- clude all the costs and pores of Ger- many and every port of possible acess to enemy territory. But the novel and quite unprecendented feature of that blockade, if we are to assume it to be properly so defined, is that it | embraces many neutral ports and coasts, bars access to them, and sub- | jects all neutral ships seeking to ap- proach them to the same suspicion | that would attach to them were they | bound for the ports of the enemies of Great Britain, and to unusual risks and penalties. P Invasion of Sovereign Rights. “It is manifest that such limita- tions, risks and liabilities placed upon the ships of a neutral power on the high seas, beyond the right of visit and search and the right to prevent ithe shipment of contraband already referred to, are a distinct invasion of the sovereign rights of the nation whose ships, trade, or commerce is interefered with. “The government of the United States, is, of course, not oblivious to the great changes which have ' oc- curred in the conditions and means of naval warfare since the rules hither- to governing legal blockade were formulated. It might be ready to ad- mit that the old form of ‘close’ GON'T SUFFER WITH NEURALGIA Musterole Gives Delicious Comfort When those sharp pains go shooting through your head, when your skull seems as if it would split, just rub a lit- tle MUSTEROLE on the temples and neck. It draws out the inflammation, soothes ‘away the pain—gives quick relief. 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The Musterole Company, {:leveland, Ohio. the immediate offing of the blockaded ports {8 no longer practicable in face of an epemy possessing the means and opportunity to make an effective defense by the use of submarines, mines, and air craft; but it can hardly be maintained that, whatever form of effective blockade may made use of, it is impossible to con- form at least to the epirit and prin- ciples of the established rules of war. If the necessities of the case should seem to render it imperative that the cordon of blockading vessels tended across the approaches to any neighboring neutral port or country, it would seem clear that it would still | be easily practicable to the well-recognized and reasonable prohibition of international law against the blockading of neutal ports by according free admission and exit to all lawful trac with neutal ports through the blockading cordon. This traffic would, of course, include all outward-bound traffic from the neutral country and all inward- bound traffic to the neutral country except contraband in transit to the enemy. Such procedure need not con- flict in any respect with the rights of the Delligerent maintaining the blockade, since the right would re- main with the blockading, vessels to visit and search all ships either en- tering or leaving the neutral terri- tory which they were in fact, but not of right, investing. : Policy of Retaliation. “The government of the States notes that in the council his majesty’s government give as their reason for entering upon a course of action, which they are aware is without precedent in modern warfare, the necessity they conceive themselves to have been under to retaliate upon their enemies for measures of a similiar nature which the latter have announced it their attention to adopt and which they have to some extent adopted; but the government of the United States, recalling the principles upon which his majesty’'s government have hitherto been scrupulous to aect, in- comply with United terpret this as merely a reason for | certain extraordinary activities on the part of his majesty's and not as an excusc for or prelude to any lawful action. If the course pursued by the present enemies of Great Britain should prove to be in fact tainted by illegality and a dis- regard of the principles of war sanc- tioned by enlightened nations, it can- not be supposed, and this govern- ment does not for a moment suppose, that his majesty’s government would wish the same taint to attach to their own actions or would cite such illegal acts as in any sense or degree a jus- tification for similar practices on their part insofar as they affect ncutral rights. “It Is thus that the government of the United States interprets the language of the note of his majesty's principal secretary of state for for- eign affairs which accompanies ‘the copy of the aorder-in-council which was handed to the ambassador of the United States near the govern- ment in London and by him transmit- ted to Washington. “This government notes with grati- STOMACH SUFFERER GETS PROMPT HELP Hartford Resident Gets Quick Relicf From Use of Wonderful Remedy. Mrs. S. E. 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They work while you sleep—a 10-cent box from your druggist means your head clear, stomach sweet and your liver and bowels regular for months. fication that ‘wide discretion is af- forded to the prize court in dealing with the trade of neutrals in such manner as may in the circumstances be deemed just, and that full pro- vision is made to facilitate claims by persons interested in any goods placed of the marshal of the prize court under the order:’ that ‘the effect of the order-in-council is to confer certain powers upon the execu- tive officers of his majesty’s govern- ment;’ and that ‘the extent to which these powers will be actually exer- cised and the degree of severity with which the measures of blockade au- thorized will be put into operation are matters which will depend on the administrative orders issued by the government and the decisions of the authorities especially charged with the duty of dealing with individual ships and cargoes according to the merits of each case’ This govern- ment further notes with equal satis- faction that the declaration of the British government that ‘the instruc- tions to be issued by his majesty’s gov- ernment to the fleet and to customs officials and executive committees concernéd will impress upon them the duty of acting with the utmost des- patch consistent with the object in view, and of showing in every case such consideration for neutrals as may be compatible with that object, which is, succinctly stated, to estab- lish a blockade to prevent vessels from carrying goods for or coming from Germany. 2 Expects Order to Be Modified. “In view of these assurances form- ally given to this government, it is confidently expected that the exten- sive powers conferred by the order- in-council executive officers of the crown will be restricted by ‘orders is- sued by the government' directing the exercise of their discretionary pow- ers in such a manner as to modify in practical application those pro- visions of the order-in-council which, if strictly enforced, would violate neutral rights and interrupt legiti- mate trade, Relying on the faithful performance of these voluntary as- surances by his majesty’s government, the United States takes it for granted that the approach of American mer- chantmen to neutral ports situated upon the long line of coast affected by the order-in-council will not be interfered with when it is known that they do not carry goods which are contraband of war or goods destined to or proceeding frem ports within the belligerent territory affected. “The government. of. the. United | States assumes with the greatest con- fidence that his majesty’s government will thus adjust their practice to the recognized rules of international law, because it is manifest that the British government have adopted an extraor- ainary method of ‘stopping ('ilrums‘l destined for or coming trom the en my’'s territory,” which, owing to t} i existence of unusual condidons in modern warfare at sea, it will be dit- ficult to restrict to the limits which have been heretofore required by the law of nations. Though the area of | operations is confined to ‘Kuropean waters including the Mediterranean’ so great an area of the high scas is covered and the cordon of ships is so distant from the territory affected that neutral vessels must necessarily pass through the blockading force order to reach important neutr; ports which Great Britain as a bel- ligerent has not the legal right to blockade and which, therefore, it i presumed she has no intention of claiming to blockadé. The Scandi- navian and Danishports, for example, are open to American trade. They also are free, so far as the actual en- forcement of the order-in-council is concerned, to carry on trade with German Baltic ports, although it an essential element of blockade that it bear with equal severity upon all neutrals. “This government, therefore, infers that the eommanders of his majesty's ships of war engaged in maintaining the so-called blockade will be in-| structed to avoid an enforcement of the proposed measurcs non-inter- course in such a way to impose restrictions upon neutral trade more burdensome than those which have been regarded as inevitable when the ports of a belligerent are actually blockaded by the ships of its enemy is as ull Reparation Expected. “The possibilities of serious inter- ruption of American trade under the order-in_council are so many, and the methods proposed are so unusual and seem liable to constitute so great an impediment and embarrassment neutral commerce that the govern- ment of the United States, if the order-in-council is strictly enforced, apprehends many interferences with its legitimate trade which will im- pose upon His Majesty's government to heavy responsibilities for acts of the | To the People of New Surrounding Towns: It Will Be to Your Advantage to Wait for h GREAT SMOKE WATER SAL wenATewe Harry Alex’s Sto Sale Commences Saturday Morning, Apr. ‘To the Newly We Don’t forget to attend this gre: To the Housekeepers | | If there is anything in Furniture, etc., | that you nced, to add to the furnishing | .o vyou will be able to furnish yo of your home, don’t forget to wait for 1 . the SMOKE AND WATER SALE. ‘ home with high grade merchand WE WILL SAVE YOU DOLLARS | gardless of cost. 3 HARRY ALEX 371 and 3 MAIN STF British authorities clearly subyersive of the rights of neutral nations on the high seas. It is, therefore, expected that His Majesty's government, hav- ing considered these possibilities, will take the steps necessary to avoid them, and in the event that they should unhappily occur, will be pre- pared to make full reparation for every act, which under the rules of international law constitutes a viola- tion of neutral rights. “As stated in its communication of October 1914, this government will insist that the rights and duties|His Majesty’s governm of the United States and its citizens' statement of the views in the present war be defined by the|ment of the United existing rules of international law and | in the most friendly the treaties of the United States, irre. | cordance with the un spective of the provisions of the dec.|which has,characterized laration of ‘London and that this gov-|of the two government ernment reserves to itself the right and which has been In to enter a protest or demand in each |ure the foundation of Hi casge in which those rights and duties amity existing -between | 80 defined are violated or their free |tions without interrupt exercise interfered with, by the au-|tury. thorities of the British government.” ( In conclusion you will reiterate to | 29 have a patented damper which by one motie regulates fire andoven, better than twodampet can. 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