The American note next assailed the British interpretation of the greatly increased imports of neutral countries adjoining Great Britain's enemies. These increases, Sir Edward Grey contended, raised a presumption that certain commodities useful for military purposes, though destined for those countries, were intended for reexportation to the belligerents, who could not import them directly. Hence the detention of vessels bound for the ports of those neutral countries was justified. Secretary Lansing denied that this contention could be accepted as laying down a just and legal rule of evidence:
"Such a presumption is too remote from the facts and offers too great opportunity for abuse by the belligerent, who could, if the rule were adopted, entirely ignore neutral rights on the high seas and prey with impunity upon neutral commerce. To such a rule of legal presumption this Government cannot accede, as it is opposed to those fundamental principles of justice which are the foundation of the jurisprudence of the United States and Great Britain."
In this connection Secretary Lansing seized upon the British admission, made in the correspondence, that British exports to those neutral countries had materially increased since the war began. Thus Great Britain concededly shared in creating a condition relied upon as a sufficient ground to justify the interception of American goods destined to neutral European ports. The American view of this condition was:
"If British exports to those ports should be still further increased, it is obvious that under the rule of evidence contended for by the British Government, the presumption of enemy destinations could be applied to a greater number of American cargoes, and American trade would suffer to the extent that British trade benefited by the increase. Great Britain cannot expect the United States to submit to such manifest injustice or to permit the rights of its citizens to be so seriously impaired.
"When goods are clearly intended to become incorporated in the mass of merchandise for sale in a neutral country it is an unwarranted and inquisitorial proceeding to detain shipments for examination as to whether those goods are ultimately destined for the enemy's country or use. Whatever may be the conjectural conclusions to be drawn from trade statistics, which, when stated by value, are of uncertain evidence as to quantity, the United States maintains the right to sell goods into the general stock of a neutral country, and denounces as illegal and unjustifiable any attempt of a belligerent to interfere with that right on the ground that it suspects that the previous supply of such goods in the neutral country, which the imports renew or replace, has been sold to an enemy. That is a matter with which the neutral vendor has no concern and which can in no way affect his rights of trade."
The British practice had run counter to the assurances Great Britain made in establishing the blockade, which was to be so extensive as to prohibit all trade with Germany or Austria-Hungary, even through the ports of neutral countries adjacent to them. Great Britain admitted that the blockade should not, and promised that it would not, interfere with the trade of countries contiguous to her enemies. Nevertheless, after six months' experience of the "blockade," the United States Government was convinced that Great Britain had been unsuccessful in her efforts to distinguish between enemy and neutral trade.
The United States challenged the validity of the blockade because it was ineffective in stopping all trade with Great Britain's enemies. A blockade, to be binding, must be maintained by force sufficient to prevent all access to the coast of the enemy, according to the Declaration of Paris of 1856, which the American note quoted as correctly stating the international rule as to blockade that was universally recognized. The effectiveness of a blockade was manifestly a question of fact:
"It is common knowledge that the German coasts are open to trade with the Scandinavian countries and that German naval vessels cruise both in the North Sea and the Baltic and seize and bring into German ports neutral vessels bound for Scandinavian and Danish ports. Furthermore, from the recent placing of cotton on the British list of contraband of war it appears that the British Government had themselves been forced to the conclusion that the blockade is ineffective to prevent shipments of cotton from reaching their enemies, or else that they are doubtful as to the legality of the form of blockade which they have sought to maintain."
Moreover, a blockade must apply impartially to the ships of all nations. The American note cited the Declaration of London and the prize rules of Germany, France, and Japan, in support of that principle. In addition, "so strictly has this principle been enforced in the past that in the Crimean War the Judicial Committee of the Privy Council on appeal laid down that if belligerents themselves trade with blockaded ports they cannot be regarded as effectively blockaded. (The Franciska, Moore, P. C. 56). This decision has special significance at the present time since it is a matter of common knowledge that Great Britain exports and reexports large quantities of merchandise to Norway, Sweden, Denmark, and Holland, whose ports, so far as American commerce is concerned, she regards as blockaded."
Finally, the law of nations forbade the blockade of neutral ports in time of war. The Declaration of London specifically stated that "the blockading forces must not bar access to neutral ports or coasts." This pronouncement the American Government considered a correct statement of the universally accepted law as it existed to-day and prior to the Declaration of London. Though not regarded as binding upon the signatories because not ratified by them, the Declaration of London, the American note pointed out, had been expressly adopted by the British Government, without modification as to blockade, in the Order in Council of October 9, 1914. More than that, Secretary Lansing recalled the views of the British Government "founded on the decisions of the British Courts," as expressed by Sir Edward Grey in instructing the British delegates to the conference which formulated the Declaration of London, and which had assembled in that city on the British Government's invitation in 1907. These views were: