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risk of loss, delay and expense so great and so burdensome as
practically to destroy much of the export trade of the United States
to neutral countries of Europe."
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 conc
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