we are convinced that
it cannot be in accord with the wish either of the Government or of
the people of the United States to strain the international code in
favor of private interests so as to prevent Great Britain from taking
such legitimate means for this purpose as are in her power.
With regard to the seizure of foodstuffs, to which your Excellency
refers, his Majesty's Government are prepared to admit that foodstuffs
should not be detained and put into a prize court without the
presumption that they are intended for the armed forces of the enemy
or the enemy Government. We believe that this rule has been adhered to
in practice hitherto, but if the United States Government have
instances to the contrary we are prepared to examine them, and it is
our present intention to adhere to the rule, though we cannot give an
unlimited and unconditional undertaking, in view of the departure by
those against whom we are fighting from hitherto accepted rules of
civilization and humanity and the uncertainty as to the extent to
which such rules may be violated by them in future.
From the 4th of August last to the 3d of January the number of
steamships proceeding from the United States for Holland, Denmark,
Norway, Sweden, and Italy has been 773. Of these there are 45 which
have had consignments of cargoes placed in the prize court, while of
the ships themselves only eight have been placed in the prize court,
and one of these has since been released.
It is, however, essential under modern conditions that where there is
real ground for suspecting the presence of contraband the vessel
should be brought into port for examination. In no other way can the
right of search be exercised, and but for this practice it would have
to be completely abandoned.
Information was received by us that special instructions had been
given to ship rubber from the United States under another designation
to escape notice, and such cases have occurred in several instances.
Only by search in a port can such cases, when suspected, be discovered
and proved.
The necessity for examination in a port may also be illustrated by a
hypothetical instance connected with cotton, which has not yet
occurred. Cotton is not specifically mentioned in your Excellency's
note, but I have seen public statements made in the United States that
the attitude of his Majesty's Government with regard to cotton has
been ambiguous and thereby responsible for depression in the
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