claim is inconsistent with the principles of international law, and
is, therefore, not binding upon the court.
"If the prize court declines to accept his contentions, and if, after
such a decision has been upheld on appeal by the judicial committee of
His Majesty's Privy Council, the Government of the United States
considers that there is serious ground for holding that the decision
is incorrect and infringes the rights of their citizens, it is open to
them to claim that it should be subjected to review by an
international tribunal."
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 f
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