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 Foreign Affairs, which accompanies the copy of the Order in Council, which was handed to the Ambassador of the United States by the Government in London and by him transmitted to Washington.
This Government notes with gratification that "wide discretion is afforded to the prize court in dealing with the trade of neutrals in such a manner as may in the circumstances be deemed just, and that full provision is made to facilitate claims by persons interested in any goods placed in the custody 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 executive officers of his Majesty's Government," and that "the extent to which these powers will be actually exercised and the degree of severity with which the measure of blockade authorized 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 Government further notes with equal satisfaction the declaration of the British Government that "the instructions to be issued by his Majesty's Government to the fleet and to the customs officials and executive committees concerned will impress upon them the duty of acting with the utmost dispatch 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 establish a blockade to prevent vessels from carrying goods for or coming from Germany."
In view of these assurances formally given to this Government, it is confidently expected that the extensive powers conferred by the Order in Council on the executive officers of the Crown will be restricted by orders issued by the Government, directing the exercise of their discretionary powers in such a manner as to modify in practical application those provisions of the Order in Council, which, if strictly enforced, would violate neutral rights and interrupt legitimate trade. Relying on the faithful performance of these voluntary assurances by his Majesty's Government, the United States takes it for granted that the approach of American merchantmen 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 from ports within the belligerent territory affected.
The Government of the United States assumes with the greater confidence 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 extraordinary method of "stopping cargoes destined for or coming from the enemy's territory," which, owing to the existence of unusual conditions in modern warfare at sea, it will be difficult to restrict to the limits which have been heretofore required by the law of nations. Though the area of operations is confined to "European waters, including the Mediterranean," so great an area of the high seas is covered and the cordon of ships is so distant from the territory affected that neutral vessels must necessarily pass through the blockading force in order to reach important neutral ports which Great Britain as a belligerent has not the legal right to blockade and which, therefore, it is presumed she has no intention of claiming to blockade.
The Scandinavian and Danish ports, for example, are open to American trade. They are also free, so far as the actual enforcement of the Order in Council is concerned, to carry on trade with German Baltic ports, although it is an essential element of blockade that it bear with equal severity upon all neutrals.
This Government, therefore, infers that the commanders of his Majesty's ships of war, engaged in maintaining the so-called blockade, will be instructed to avoid an enforcement of the proposed measures of non-intercourse in such a way as 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.
The possibilities of serious interruption 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 to neutral commerce, that the Government of the United States, if the Order in Council is strictly enforced, apprehends many interferences with its legitimate trade which will impose upon his Majesty's Government heavy responsibilities for acts of the British authorities clearly subversive of the rights of neutral nations on the high seas. It is, therefore, expected that the Majesty's Government, having considered these possibilities, 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, constitutes a violation of neutral rights.
As stated in its communication of Oct. 22, 1914, "this Government will insist that the rights and duties of the United States and its citizens in the present war be defined by the existing rules of international law and the treaties of the United States irrespective of the provisions of the Declaration of London, and that this Government reserves to itself the right to enter a protest or demand in each case, in which those rights and duties so defined are violated or their free exercise interfered with by the authorities of the British Government."
In conclusion you will reiterate to his Majesty's Government that this statement of the view of the Government of the United States is made in the most friendly spirit, and in accordance with the uniform candor which has characterized the relations of the two Governments in the past, and which has been in large measure the foundation of the peace and amity existing between the two nationals without interruption for a century.