One complaint of the United States, made on July 15, 1915, had been specifically directed to the action of the British naval authorities in seizing the American steamer Neches, sailing from Rotterdam to an American port, with a general cargo. The ground advanced to sustain this action was that the goods originated in part at least in Belgium, and hence came within the Order in Council of March 11, 1915, which stipulated that every merchant vessel sailing from a port other than a German port, carrying goods of enemy origin, might be required to discharge such goods in a British or allied port. The Neches had been detained at the Downs and then brought to London. Belgian goods were viewed as being of "enemy origin," because coming from territory held by Germany. This was the first specific case of the kind arising under British Orders in Council affecting American interests, the goods being consigned to United States citizens.
Great Britain on July 31, 1915, justified her seizure of the Neches as coming within the application of her extended blockade, as previously set forth, which with great pains she had sought to prove to the United States was permissible, under international law. Her defense in the Neches case, however, was viewed as weakened by her citing Germany's violations of international law to excuse her extension of old blockade principles to the peculiar circumstances of the present war. In intimating that so long as neutrals tolerated the German submarine warfare, they ought not to press her to abandon blockade measures that were a consequence of that warfare, Great Britain was regarded as lowering her defense toward the level of the position taken by Germany. Sir Edward Grey's plan was thus phrased:
"His Majesty's Government are not aware, except from the published correspondence between the United States and Germany, to what extent reparation has been claimed from Germany by neutrals for loss of ships, lives, and cargoes, nor how far these acts have been the subject even of protest by the neutral governments concerned.
"While these acts of the German Government continue, it seems neither reasonable nor just that His Majesty's Government should be pressed to abandon the rights claimed in the British note and to allow goods from Germany to pass freely through waters effectively patrolled by British ships of war."
Such appeals the American Government had sharply repudiated in correspondence with Germany on the submarine issue. Great Britain, however, unlike Germany, did not admit that the blockade was a reprisal, and therefore without basis of law, on the contrary, she contended that it was a legally justifiable measure for meeting Germany's illegal acts.
The British presentation of the case commanded respect, though not agreement, as an honest endeavor to build a defense from basic facts and principles by logical methods. One commendatory view, while not upholding the contentions, paid Sir Edward Grey's handling of the British defense a generous tribute, albeit at the expense of Germany:
"It makes no claim which offends humane sentiment or affronts the sense of natural right. It makes no insulting proposal for the barter or sale of honor, and it resorts to no tricks or evasions in the way of suggested compromise. It seeks in no way to enlist this country as an auxiliary to the allied cause under sham pretenses of humane intervention."
The task before the State Department of making a convincing reply to Sir Edward Grey's skillful contentions was generally regarded as one that would test Secretary Lansing's legal resources. The problem was picturesquely sketched by the New York "Times":
"The American eagle has by this time discovered that the shaft directed against him by Sir Edward Grey was feathered with his own plumage. To meet our contentions Sir Edward cites our own seizures and our own court decisions. It remains to be seen whether out of strands plucked from the mane and tail of the British lion we can fashion a bowstring which will give effective momentum to a counterbolt launched in the general direction of Downing Street."[Back to Contents]