The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER THURSDAY, APRIL 6, 1916. THE BLOCKADE.

Stratford Evening Post, Volume XXX, Issue 3, 6 April 1916, Page 4

The Stratford Evening Post WITH WHICH IS INCORPORATED THE EGMONT SETTLER THURSDAY, APRIL 6, 1916. THE BLOCKADE.

The British Government’s decision to discard three more articles of the Declaration of London, calls to mind that Britain never ratified the Declaration though she magnanimously expressed the intention of adhering to it at the outbreak of hostilities. This was certainly done until the piracy by the enemy made it utterly impossible to continue to act against her own vital interests any longer, and Britain had therefore to amend the provisions of the Declaration. The three clauses now discarded are 19, 30, and 33. Clause 19 provides that: "Whatever may be the ulterior destination of a vessel of her cargo, she cannot be captured for breach of blockade, if, at the moment, she is on her way to a non-blockaded port.” Interpreting this and the succeeding clauses, the Auckland Star says: The British patrols have been examining ships bound for neutral countries near Germany, and holding up goods suspected of having an enemy destination. The ships, however, have not been "captured,” but have been stopped and released after examination. Apparently by the abrogation of clause 19, the Government takes power to "capture” vessels making for a neutral port, if it believes that they have cargo on board destined for a German port. The words "for breach of blockade” should be noted, because no formal blockade of • Germany has been declared in the terms of the Declaration of London. If a formal blockade is declared, and it is effective—indeed, to be recognised by neutrals it must be effective—any ship trying to get into or out of an enemy port is liable to capture. Some Americans arc urging Britain to declare such a blockade as the best way out of the difficulties with neutrals caused by the presentsystem of operating by Order-in-Coun-cil; Clause 30, the second of the discarded sections, says that ‘‘absolute contraband is liable to capture if it is shown to bo destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy” ; and clause 33 that "conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces, or of a Government Department of the enemy State, unless in the latter case the circumstances show that the goods cannot in fact he used for the purposes of the war in progress.” Perhaps there is not so .much importance as there seems to be in the actual discarding of the limitations set forth in these clauses, for' these limitations have probably not been strictly observed by the British. But what is very important is the statement in our cable (

message that owners of goods are now required to prove innocence. Fqr hitherto the onus of proof has lain with the party that holds up the goods, and the difficulty of doing this has been the chief obstacle in the' way of the complete success of the blockade. In the official statement made by tiie Foreign Office in January this difficulty was emphasised. A belligerent, it was pointed out, had to justify in a Prize Court every action taken to intercept, enemy commerce at sea. “It is not sufficient for him to stop a neutral vessel and remove from her such articles as lie may believe to be intended for his enemy; it is necessary subsequently to demonstrate in a Court of law that the destination of tli(> goods was such as to justify the belligerent in seizing them. It this is not proved, the goods will be released, and damages may lie awarded against the captor.” In earlier wars the production of necessary proof .was a comparatively simple matter, but now, with the changes in systems of com-' nierce, and “the almost infinite opportunities of concealing the real nature of tin' transatetion,” it is very much more difficult. Now that the onus is. placed on the owner of goods to prove innocence, the task of the blockading fleet will be materially lightened.