This traffic would, of course, include all outward-bound traffic from the neutral country and all inward-bound traffic to the neutral country, except contraband in transit to the enemy. Such procedure need not conflict in any respect with the rights of the belligerent maintaining the blockade, since the right would remain with the blockading vessels to visit and search all ships either entering or leaving the neutral territory which they were in fact, but not of right, investing.
The Government of the United States notes that in the Order in Council his Majesty’s Government give as their reason for entering upon a course of action, which they are aware is without precedent in modern warfare, the necessity they conceive themselves to have been placed under to retaliate upon their enemies for measures of a similar nature, which the latter have announced it their intention to adopt, and which they have to some extent adopted, but the Government of the United States, recalling the principles upon which his Majesty’s Government have hitherto been scrupulous to act, interprets this as merely a reason for certain extraordinary activities on the part of his Majesty’s naval forces and not as an excuse for or prelude to any unlawful action.
If the course pursued by the present enemies of Great Britain should prove to be in fact tainted by illegality and disregard of the principles of war sanctioned by enlightened nations, it cannot be supposed, and this Government does not for a moment suppose, that his Majesty’s Government would wish the same taint to attach to their own actions or would cite such illegal acts as in any sense or degree a justification for similar practices on their part in so far as they affect neutral rights.
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.”