ment which we may expect at the hands of the British authorities.
We feel that we are abundantly justified in asking for information as
to the manner in which the British Government propose to carry out the
policy which they have adopted in order that we may determine the
steps necessary to protect our citizens engaged in foreign trade in
their rights and from the serious losses to which they are liable
through ignorance of the hazards to which their cargoes are exposed.
In the case of conditional contraband, the policy of Great Britain
appears to this Government to be equally unjustified by the
established rules of international conduct. As evidence of this,
attention is directed to the fact that a number of the American
cargoes which have been seized consist of foodstuffs and other
articles of common use in all countries which are admittedly relative
contraband. In spite of the presumption of innocent use because
destined to neutral territory, the British authorities made these
seizures and detentions without, so far as we are informed, being in
possession of facts which warranted a reasonable belief that the
shipments had in realty a belligerent destination, as that term is
used in international law.
Mere suspicion is not evidence, and doubts should be resolved in favor
of neutral commerce, not against it. The effect upon trade in these
articles between neutral nations resulting from interrupted voyages
and detained cargoes is not entirely cured by reimbursement of the
owners for the damages which they have suffered, after investigation
has failed to establish an enemy destination. The injury is to
American commerce with neutral countries as a whole through the hazard
of the enterprise and the repeated diversion of goods from
establishing markets.
It also appears that cargoes of this character have been seized by the
British authorities because of a belief that, though not originally so
intended by the shippers, they will ultimately reach the territory of
the enemies of Great Britain. Yet this belief is frequently reduced to
a mere fear in view of the embargoes which have been decreed by the
neutral countries to which they are destined on the articles composing
the cargoes.
That a consignment "to order" of articles listed as conditional
contraband and shipped to a neutral port raises a legal presumption of
enemy destination appears to be directly contrary to the doctrines
previously held by Great Britain a
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