New York Times Current History: The European War, Vol 2, No. 1, April, 1915 - April-September, 1915 by Various
page 43 of 450 (09%)
page 43 of 450 (09%)
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proceed.
This rule cannot, under the first sentence quoted, be applied as to destination. What, then, is to be done with a cargo of non-contraband goods detained under the declaration? The same question may be asked as to conditional contraband cargoes. The foregoing comments apply to cargoes destined for Germany. Cargoes coming out of German forts present another problem under the terms of the declaration. Under the rules governing enemy exports only goods owned by enemy subjects in enemy bottoms are subject to seizure and condemnation. Yet by the declaration it is purposed to seize and take into port all goods of enemy "ownership and origin." The word "origin" is particularly significant. The origin of goods destined to neutral territory on neutral ships is not, and never has been, a ground for forfeiture, except in case a blockade is declared and maintained. What, then, would the seizure amount to in the present case except to delay the delivery of the goods? The declaration does not indicate what disposition would be made of such cargoes if owned by a neutral or if owned by an enemy subject. Would a different rule be applied according to ownership? If so, upon what principles of international law would it rest? And upon what rule, if no blockade is declared and maintained, could the cargo of a neutral ship sailing out of a German port be condemned? If it is not condemned, what other legal course is there but to release it? While this Government is fully alive to the possibility that the methods of modern naval warfare, particularly in the use of submarines for both defensive and offensive operations, may make the former means of maintaining a blockade a physical impossibility, it feels that it can be |
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