Historical Newspapers of South Carolina

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BHITA1NJSIARNE0 II njccn TO TIUTKIT K UEIIUI tlUEICE INSISTS ON IMPAOVEMENT <:w Personally Rerlsee Docu- ■mm* Upon Which Diplomatists Ham Been Working for a Month— U. 8. Stands Upon Position Ont> lined by Lord Salisbury. The United States government Monday dispatched a long note to Oreat Britain Insisting on an early improvement in the treatment of American commerce by British fleets. It warned England that much feeling had been aroused In this country and that public criticism was general over unwarranted Interference with the legitimate foreign trade of the Unit ed States. The document, constituting the strongest representation on the sub ject made by the United States to any of the belligerents, was cabled to Am bassador Page to be formally present ed to Sir Edward Grey, the British foreign secretary. Its preparation was begun a month ago by Solicitor Cone Johnson, Counsellor Robert Lansing and Secretary Bryan; and during the last two weeks had the personal attention of President Wil son himself, who revised its phrase ology with minute care. As the detailed point of view of the United Str.tes in the numerous specific cases of detentions and seiz ures of cargoes had been set forth in a series of emphatlc'Drotests. most of which have gone unheeded, the com munication was couched in general terms covering the entire subject of the relations between the United States and Great Britain as affected by the latter’s naval policy, consid ered highly objectionable to this gov ernment. “Friendly” But “Frank.”- The note declares at the outset that the representations are made in a friendly spirit, but that the United States considers it best to speak in terms of frankness lest silence be construed as an acquiescence to a policy of Great Britain which in fringes the rights of American citi zens under the laws of the nations. Since France has adopted virtually the same decrees on contraband as has Great Britain, the note is a state ment Intended for all members of the Triple Entente. The document points out^hat com plaints on every side and public crit icism in the United tSatee hold the British policy os directly responsible for the depression in many American Industries. Reimbursement alone for cargoes unlawfully detained or seiz ed. it states, does not remedy the eiyil, as the chief difficulty is the moral effect of British practice on American exporters, who are restrain ed from taking risks or hazards which In no case ought to surround legiti mate trade betweeu the United States and other neutral countries. Feeling has been aroused on the subject to such an extent, the com munication adds, that the American government feels compelled to ask for definite information as to Great Brit ain's attitude in order that it may take such measures as would protect American citizens in their rights. Situation Not Improved. The United States, it points out, was patient at first, realizing that hostilities had heaped a mass of bur dens on the British government and thinking an early clearing of the air would come. Five months have elaps ed. It asserts, with no improvement in the situation. In the meantime American shippers have availed them selves of various suggestions from the British government, such as shipping cargoes to definitely named con signees in neutral countries and the taking out of certificates from con suls in this country which followed promises of the British foreign office that the allied fleets consequently would cease detentions of these car goes. The situation, however, is de scribed as having hardly improved after these concessions. Reference is made in the note to the high principles of equity which have actuated Great Britain in her championship in the past of the free dom of the seas to neutral commerce, and the hope is expressed that even though a belligerent herself, she will realize the seriousness to the neu trals of continued interference. Reserving until some other date the discussion of those articles which Great Britain has taken from the generally accepted lists of non-contra band and placed on the list of abso lute and conditional contraband, the American (government declares that the British fleets have been regarding absolute and conditional contraband as in the same class, whereas inter national law defines absolute contra band as consisllngl of those articles intended directly for the use of an army or navy, and conditional contra band those artlclbsjiusceptible of use by. armed forced, but whose destina- tlfs used; It But ba ahown that this was In fact their destination at the time of Miinre." This to perhaps the most far-reach ing declaration of the American note, since if it were accepted by Oreat Britain American trade with Gar- many and Austria, virtually at a standstill now, would be resumed, affecting the prices of wheat, flour, live stock and the variety of pro ducts which go to make up "food stuffs.'* Taking up the subject , of deten tions of American ships at see the Washington government states that it can not tolerate undue delays in examining them or the convoying of such ships to British ports for de tailed examination. It argues that proof of hostile destination of the cargo must be in evidence at the time of search at sea. The belligerent right of search, the.note adds, is fully recognized, but it can cot be extended to tho point of directing American ships into British pons ports merely on suspicion. Protect Neutral Commerce. The United States asserts, more over, that it views with growing con cern the detention of scores of Amerl can cargoes consigned from this coun try to neutral ports contending that it should be the duty of the belligerent to protect commerce and prevent in nocent merchants from suffering. ° One of the most conspicuous com plaints cited in the note is against the treatment by Great Britain of American cargoes of copper. It is charged that Great Britain is not ac cording the same treatment to Amer ican trade in copper with the Scandi navian countries as to commerce <n this product between the Utured States and Italy under the same con ditions of shipment. Even though the Italian govern ment has proclaimed an embargo on the exportation of copper from raly to belligerent countries similar to the embargo in force in Norway, Den mark and Sweden, th consignments of copper to Italy from the United States are said to be held up, while those to the Scandinavian countries are not molested The American government further records its position on consignments shipped “to order’’ or no specific con signee, stating that this clrcumetaaco alone is not sufficient on which to hold American cargoes and is of itself not suspicious. This view has been expressed by the Supreme Court of the United States, but Great Urita n announced recently that cargoes ship ped "to order” would bo consMctd “suspect. The note points out that to hold eonsigiments marked “to order” proof must be presented whim the detention or seizure Is made showing that a hostile destination is intend ed, or else a sufficient number of other facta must be advanced to jus tify further examination of the cargo. It is in this connection that the United States remarks that commerce between neutral nations constitutes the normal relations of peace and not war. and that the presumption of gulR,cmn not rest on neutral ship pers, but tho burden of proof must be imposed on the belligerent who interferes. Others May Follow Untied States. Although the sending of the note was not known to members of the diplomatic corps, and it is unlikely that the Washington government will communicate it to them, with the ex ception of the British ambassador, unless they request it, high officials though it not unlikely that the path marked by the United States would be followed by the neutral govern ments. South American nations especially have been keeping in close touch with the of tbe United States on subjectsof neutrality, and in most cases have adhered to the American position. As the note Involves com merce mostly with European neutrals, it is believed that diplomatic repre sentatives of the latter will seek to learn the American viewpoint for transmission to their governments. The position of the United States as expressed in the note is a conse quence of several steps by Great Britain, France and Germany on the subject of contraband. Although the Declaration of London drafted in 1909, embodying the previous under standings of international law and new rules for the conduct of mari time warfare with respect to neutral commerce, had not been ratified when the present war broke out, it was thought for a time all countries would adhere to it. Great Britain by an order in council, or, August 29 last, declared the declaration of London effective with certain modifications. Germany .announced to all neutrals her willingness to adhere to the whole declaration if the other belligerents would. The United States took the position that it could not accept piecemeal adoption by the Allies of the declaration of London with their own amendments and declared that it would be guided by the general prac tice of international law, irrespective of the declaration of London. The German government in a for mal note to the United States and other neutrals then voiced its objec tions to the British modifications, which similarly the United States op posed. The American note follows in many important points the argument then advanced by Germany that British NOTE HADE PUBUCl ■ " ■ I.. ENGLISH AND AMERICAN GOV- > ERNMENTS GIVE DETAILS. ACTED IT AGREEMENT tion must be the" determining factor ^ r » ctlc e with respect to neutral com- in detentions. ' merce was a distinct departure from When Foodstuffs Contraband. The American note, .mentioning that foodstuff? are conditional contra band since they may be destined for the use of a civil population as well a4 an army, says the United States is in entire agreement with the doctrine expressed by Lord Salisbury, British foreign secretary, in his correspond ence with the Washington govern ment concerning the shipment of foodstuffs to the Transvaal daring the Boer war in South ^kfriesr. Lord Salis bury wrote then: "Peodstaffs with a hostile destina tion.can be considered contraband of war only if they are supplies for the enemy’s forces. It to sot sufficient that they ere capable of botag so many previously accepted principles of International law. .Five Burned to Death. Henry Alvey, his wife and three children were burned to death Mon day when their cottage at Winter Haven, Fla., was destroyed by fire. Business to Improving. President Wilson l8id callers Tues day that an the Indlcntloagjreacbinf him Indicates that business through out the country is improving. ' Us Are Twenty 41 vo The wreck of tho Dutch steamer Roger, off the Portugese shore, re sulted in the toes of twsnty-ffve Uvea Washington Thursday Disclosed Ex act Terms of Much Discussed .Not* —Contents Are as Was Reported In ’ k . v . _ Previous Unofficial Publication— - j. ... 1 ” . ' - Text Given Out la FnlL By agreement between the state department and the British foregln office the text of the note sent by the United States to Great Britain, in sisting on an early improvement in the treatment of American commerce by the British fleet, was made public at Washington Thursday. It follows: The Protest in FnlL ’•The Secretary of State to the American ambassador at London: "Department of State, “Washington, D. C„ Dec. 26, 1914. “The present condition of Ameri can foreign trade resulting from the frequent seizures and detention of American cargoes destined to neutral European po,rts has become so se rious as to require a candid state ment of the views of this govern ment hi order that the British gov ernment may be fully Informed as to the attitude of the United States to ward the policy which has been pur sued by the British authorities dur ing the present war. “You will, therefore, communicate the following to his Majesty’s princi pal secretary of State for foreign af fairs, but in doing so you will assure him that it is done in the most friend ly spirit and in the belief that frank ness will better serve the continu ance of cordial relations between the two countries than silence, which may be construed into acquiescence in a course of conduct which this government can not consider to be an infringement upon the rights of American citizens. United States Waited Patiently. “The government of the United States has viewed with growing con cern the large number of vessels Isden with American goods destined to neutral ports in Europe which have been seized on the high seas taken into British ports and detain ed. sometimes for weeks, by the Brit ish authorities. During the early days of the war this government as sumed that the policy adopted by the British government was due to the unexpected outbreak of hostilities and the necessity of immediate action to prevent contraband from reaching the enemy. For this reason K was not disposed to Judge this policy harshly or protest it vigorously, al though it was manifestly very Inju rious to American trade with the neu tral countries of Europe. This gov ernment, relying confidently upon the high regard which Great Britain has so often exhibited in the past for the rights of other nations, confidently swatted amendment of a course of action which denied to neutral com merce the freedom to which It was entitled by the law of nations. “This expectation seemed to be rendered the more assured by the statement of the foreign office early in November that the British govern ment were satisfied with guarantees offered by the Norwegian, Swedish and Danish governments as to non exportation of contraband goods when consigned to named persons in the territories of those governments, and that orders had been given to the British fleet and customs authori ties to restrict interference with neu tral vessels carrying such cargoes so consigned to verification, of ''sfiip's papers and cargoes. , No Change in Policy. “It is, therefore, a matter of deep regret that, though nearly five months have passed since the war be gan, the British government have not materially changed their policy and do not treat less rigorously ships and cargoes passing between neutral ports In the peaceful QtWBuit of lawful com merce, which benlerents should pro tect rather than interrupt. The great er freedom from detention and seiz ure, which was confidently expected to result from consigning shipments to definite consignees, rather than ‘to order,’ is still awaited. “It is needless to point out to his Majesty’s government, usually the champion of the freedom of the seas and the rights of trade, that peace, not war, is the normal relation be tween nations, and that the com merce between countries, which are not belligerents, should not be inter fered with by those at war, unless such interference is manifestly an imperative necessity tc protect their national safety, and then only to the extent that it is a necessity. It is with no lack of appreciation of the momentous nature of the present struggle in which Great Britain is engaged, and with no selfish desire to gain undue commerciSTadTantage, that thia government is reluctantly forced to the conclusion that the present policy of his Majesty’s gov ernment toward neutral ships and cargoes exceeds the manifest neces sity of a belligerent and constitutes restrictions upon the rights of Ameri can citiizens on the high seas, which are not justified by the rules of inter national law or required under the principle of self-preservation. Present Complaint. "The government of the United States does not Intend at this time to disenss the propriety of including certain articles in the lists of abso lute and .^condlUonal contraband. wh ich'TUTS Majesty. Open to objection as some of these 1 eeem to this government the chief ground of present complaint is the treatment of cargoea of both classes of articles whan bound to neatral porta. "Articles listed as sbaolats contra band, shipped from the United States and consigned to neatral countries, have been seized and detained on the ground that the countries to which they were destined have not prohibit ed the exportation of such articlec. Unwarranted as such detentions ore, in the opinion of this goveromont, American exporters are farther per plexed by the apparent indecision of the British authorities la applying their own rules to neatral cargoea. For example, a shipment of copper from this country to n specified, con signee in Sweden was detained be cause, as was stated by Great Brit ain, Sweden had placed no embargo on copper. On the other band, Italy not only prohibited the export of cop-' per, but, as this government Is in formed, put in force a decree that shipments to Italian consignees or ‘to order’ which arrive in porta of Italy can not be exported or transshipped. The only exception Italy makes is of copper which passes through that country in transit to another country, in spite of this decree, however, the British foreign office has thus far de- clnied to affirm that copper ship ments consigned to Italjpwlll not be molested on the high seas. Selxures are so numerous and delays so pro longed that exporters are afraid to send their copper to Italy, steamship Maes decline to accept it and Insurers refuse to issue policies upon it. In a word, a legitimate trade la being greatly Impaired through uncertainty as to the treatment which it may ex pect at the hands of the British authorities. Feel Course Justified. "We feel that we are abundantly justified in asking for information as to the manner in which the British government proposes to carry out the policy which they have adopted in order that we may determine the steps necessary to protect our citi zens, engaged in foreign trade, in their rights apd from serious losses to which they are liable through ignorance of hazards to which their cargoes are exposed. “In the case of conditional contra band the policy of Great Britain ap pears to this government to.be equal ly unjustified by the established rules of international conduct. As evi dence of this attention is directed to the fact that a number of American cargoes which have been seized con sist of foodstuxs and other articles of common use in all countries which are admittedly relative contraband. In spite of tho presumption of inno cent use because destined to neutral territory, the British authorities made these seizures and detentions without, so far a. we are informed, being in possession of facts which warranted a reasonable belief that the shipment had in reality a bellig erent destination, as that term is used in international law. Mere sus picion is not evidence and doubts should be resolved in favor of neutral commerce, cot against it. The effect upon trade In these articles between neutral nations, resulting from inter rupted voyages and detained cargoes, is not entirely cured by reimburse ment to the owners for the damage which they have suffered, after in vestigation has failed to establish an enemy destination. The injury to to American commerce with neutral countries as a whole through the hazard of the enterprise and the re peated diversion of goods from < tabllshed markets. “It also appears that cargoes of the character have been seized by the British authorities because of a be lief that, theugh not originally so in tended by the shippers, they will ulti mately reach the territory of the ene mies of Great Britain. Yet this be lief is frequently reduced to a mere feqr in view of the embargoes which have been decreed by the neutral countries, to which they are destin ed, on the articles composing the car goes. Lord Salisbury Quoted. “That a consignment 'to order’ of articles listed as conditional contra band and shipped to a neutral port raises a legal presumption of enemy destination appears to be directly con trary to the doctrines previously held by Great Britain, and thus stated by Lord Salisbury during the South Afri can war: Foodstuffs, tL .ugh having a hos tile destination, can be considered contraband of war only If they are for the enemy forces. It Is not suffi cient that they are capable of being so used; it must be shown that this was in fact their destination at the time of heir seizure.’ "With this statement as to condi tional contraband the views of this government are in entire accord, and upon this historic doctrine, constant ly maintained by Great Britain when a belligerent as well as a neutral, American shippers were entitled to rely. t T*r ** “The government of the United States readily admits the full right of a belligerent to visit and search on the .high seas' the vessels of Ameri can citizens or other neutral vessels carrying American goods and to de tain them when there is sufficient evi dence to justify a belief that contra band articles are in their cargoes. But his Majesty’s government, judg ing by their own experience in the past, must realize that this govern ment can not without protest permit American ships or American cargoes to be taken into British ports and there detained for the purpose of searching generally for evidence of contraband, or upon., presumptions created by special municipal enact ments which are clearly at variance with International law and practice. “This government believes, and eanerstly hopes, his Majesty’s gov ernment will comb to the same belief that a course of ponduct more in con formity with the rules of interna tional usage, which Great Britain has strongly sanctioned for many years, will in the end better serve the inter ests of belligerents as well as those of neutrals. Effect on United States Commerce. ^ sllnotitm a critical one to the commercial interests of the United States, but many of the great industries of this country are suffering because their products are denied long established markets In European countries, which, though neatral. are oontlgnons to the nations at war. Producers end exporters, steamship and tasuraace eompaaies are preeetag. and not without for relief from the menace to trans atlantic trade, which to gradually but surely destroying their huatueee end threatening them with financial dis aster. "The government of-the United States, etlil relying upon the deep sense of justice of the British nation, which has been so often manifested la the intercourse between the two countries daring so many years of on- interrupted friendship, expresses con fidently the hope that his Maieety’s government will realise the obstacles and difficulties which their present policy has placed in the way of com merce between the United States end the neutral countries of Europe, and will instruct its officials to refrain from all unnecessary Interference with the freedom of trade between nations which are enfferers, though not participants in the present con flict, and will, in their treatment of neutral ships and cargoes, conform more? closely to those raise govern ing the maritime relatione between belligerents and neutrals, which have received the sanction of the civilised world, and which Great Britain has. In other wars, so strongly and suc cessfully advocated. "In conclusion It should be im pressed upon hla Majesty’s govern- mnet that the present condition of American trade with the neutral European countries Is such that if it does not Improve, it may arouse a feeling contrary to that which has so long existed between the American and British peoples. Already it is becoming more and more the subject of public criticism and complaint. There is an Increasing belief, doubt less not entirely unjustified, that the present British policy toward Ameri can trade is responsible for the de pression in certain Industries, which depend upon European markets. The attention of the brittsh government is called to this possible result of their present policy to show how widespread the effect is upon the in dustrial life of the United States and to emphasize the importance of re moving the cause of complaint.” Specific Oaoes Already Cited. High officials said that specific cises had not been enumerated in the note because they had been dealt with at considerable length separately in correspondence covering a period of five months. The British foreign office, it was pointed out, therefore was familiar with the detailed position of the Unit ed States in each case. It is quite possible, however, that a brief sum mary of some of the typical cases will be made public In a few days by the state department. Copies of the note were distributed by members of the diplomatic corps. The communication for several days has been almost the sole topic of dis cussion among diplomats of all coun tries. The step awakened much enthus iasm among some South American diplomats, who think it paves the way for a more vigorous interest In the United States in proposals looking to nn assertion of the rights of neutrals Incidentally It wan enld that senti ment In fnvor of the proposal made by Venezuela for a convocation of neutral nations to discuss contraband was growing rapidly, and that It would cause no surprise If one of the results of the American note is the convening of such a congress in Washington. Diplomats from neutral European countries thought the correspondence might develop a standard of usage that naturally would benefit all neu trals. At the British, French and Russian embassies no statement was made concerning the note. The or.iy report which Ambassador Page has made was as to the tone of the British press, which he thought was reasonable. He made no pre dictions as to the outcome of the con troversy, but It became known he has been instructed by Washington to speak with the firmness and empha sis that characterized the note. While the Americea note to Greet Britain protesUag against interrep- tione to the commerce of thta try continued Wednesday to official Washington, there was fldence that difficulties of the lost five months eventually would be arni ca bly adjusted. Already the discussion has turned to the measure* the Uaited States would take in co-operation with Greet Britain to reduce the aeeee- sity for extended search of the high sea*. It became known that the treasury department agents, acting with the state department. In one case already had inspected a cotton cargo and that the Inspection had satisfied the British embassy and fa cilitated progress of the shipment to its destination. The belief was held la official quarters that an might be reached whereby could be certified before their depar ture and thue made Immune from de tention. High officials of the Washington government were somewhat sarpria- ed the American note had been re garded as “brusque” in some London quarters. They said the British enb- inet after a single reading of tho document must be coavlneed that the United States had spoken la the most friendly spirit, though none the less earnestly and emphatically. Those familiar with the contents of the note say it is a matter of feet and frank statement of the difltookJes en- perienced by American shippers and the failure of the British government to meet protests which have been made. i In all, It became known, 30 Ameri can ships and cargoes, their valne totaling millions, have bean detain ed. The note points out specifically however, that relmburaemeat alone can not'cure the situation, as the British fleets’ activity has restrained many exporters, who fear risks In volved In shipments. ’ ~. With respect to cotton shipments, the case of one or two illegitimate cargoes, it to recognised, has eaoepd the British government to saspect ail shipments. The United States had no evidence that there has been con traband concealed la cotton cargoes, but England has made two specific complaints and the American govern ment has issued a warning that one fraudulent shipment must produce emballassment to cargoes generally. Secretary Bryan fiedltaed to give aay details of tho mote. He deoerft- totng the Americea poetttoa la sev eral specific eases. Neutral diplo mats were not given n copy e( It. bit were informed that the first news paper report of it wee ace orate. They were told that the state department still regarded the note as ceafidestial. the American government itself hav ing not authorised its publication in pert or in whole. I FIGHT IN AIR. Two British Machine Attack German Invader in Taube. The spectacle of a fight In the air, witnessed on Christmas afternoon by thousands, was one which ten years ago would have been considered one of the wildest Imaginings -of fiction. Three aeroplanes, one a German and two British, were flyipg over head at 70 miles an hour, almost a mile high in the air, over South End- on-Sea, England. The German Taube was moving more swistly than the others, which swung above It. The British were spitting fire while the German was unable to reply because of the strategic position,of the pur suers. ' When the German first came Into sight the anti-aircraft guns fired sev eral shots, but after the British aero planes gave chase it was impossible to fire without danger of hitting them. The spectacle lasted only five min utes, The German dodged and twist ed in an effort to escape. The Briti8h ( were on both sides pouring In rapid volleys. The speed at wh}ch the aer oplanes were travelling made the aim uncertain, but one of the British ma chines swooped down close to the German and pumped in several shots at close range. The German then returned the fire, but so far as the people on the water front could see, no damage was done on either side. ' u Peace Augury for Future. Theodore Roosevelt, chairman American Peace Centenary Commit tee' cabled Earl Grey Thursday, the belief that the century of peace be tween the United States and Greet Britain is an angury for the future of the worid. - •• Large Apple Oop. Agricultural estimate by the Unit ed State* department of agriculture place the 1114 apple yield at S<9,- •OO.OOfi or il4,009,00« Mot year. .. - DUNKIRK BOMBED. Five Raid City and Drop Many Four German aeroplanes flew sev eral times over the city of Dunkirk Thursday, dropping bombs as they went, according to the Dunkirk cor respondents of The Londcto Dally Mail. Soldiers in the streets fired on the machines and one Taube seemed to be hit but all got safely away. The official returns of the casual ties shows that 15 persons were kill ed and. 32 wounded. Th* bomba .were filled with shrapnel. For b*if an hour the whole city crackled with rifle shots and bombs, which threw up dense clouds of sm«ke. No soon er did one aeroplane seem to depart than another arrived. Buildings In all parts of the city were wrecked. The first bomb fell on th* forUA- cetlons, two more near th* railway station and many others in different parts of the town and in the saburh of Rosendaell and the districts of Coudekerque and Fumes. One child had an arm blown off and an old woman was killed outright. Hie fifth aeroplane remained as sentry outside the town, ready to attack any of tho Allies’ aeroplanes that might seek to repel the eii’^assailants. \ UNDESIRABLES EXPELLED. British Coast Towns Faroe ah— u> Depart to Interior. Notice to quit the areas have been served by the police on persons re garded as undesirable in the coast towns adjoining the Tyneside district and Supderland. The persons affected Include alienn of enemy countries, naturalized alieaa of both sexes, and also Brittob-bom descendants of aliens, including thw second generation. Exceptions aro made in cases of advanced age or ex treme youth. Those affected must depart within eight days to an area thirty milea frpm the coast approved by tbe mili tary authorities. sa SHIPS DOST. Total Value of Scandinavian : Will Read $10,000,000. Total losses to Scandinavian ping through mine disasters we follows up to mid-I so, eight ships and mark, six ' way. five i lead with three Uvea, Tbe total j