From Isolation to Leadership, Revised: A Review of American Foreign PolicyLatané, John Holladay
History
From Isolation to Leadership, Revised: A Review of American Foreign Policy
Latané, John Holladay
United States -- Foreign relations
Great Britain's application of the doctrine of continuous voyage was
more open to dispute. She assumed that contraband articles shipped to
neutral countries adjacent to Germany and Austria were intended for
them unless proof to the contrary was forthcoming, and she failed to
draw any distinction between absolute and conditional contraband. The
United States protested vigorously against this policy, but the force
of its protest was weakened by the fact that during the Civil War the
American Government had pursued substantially the same policy in regard
to goods shipped by neutrals to Nassau, Havana, Matamoros, and other
ports adjacent to the Confederacy. Prior to the American Civil War
goods could not be seized on any grounds unless bound directly for a
belligerent port. Under the English doctrine of continuous voyage as
advanced during the Napoleonic wars, goods brought from the French West
Indies to the United States and reshipped to continental Europe were
condemned by the British Admiralty Court on the ground that
notwithstanding the unloading and reloading at an American port the
voyage from the West Indies to Europe was in effect a continuous
voyage, and under the Rule of 1756 Great Britain refused to admit the
right of neutral ships to engage in commerce between France and her
colonies. Great Britain, however, seized ships only on the second leg
of the voyage, that is, when bound directly for a belligerent port.
During the American Civil War the United States seized goods under an
extension of the English doctrine on the first leg of the voyage, that
is, while they were in transit from one neutral port to another neutral
port, on the ground that they were to be subsequently shipped in
another vessel to a Confederate port. Great Britain adopted and
applied the American doctrine during the Boer War. The doctrine of
continuous voyage, as applied by the United States and England, was
strongly condemned by most of the continental writers on international
law. The Declaration of London adopted a compromise by providing that
absolute contraband might be seized when bound through third countries,
but that conditional contraband was not liable to capture under such
circumstances. As the Declaration of London was not ratified by the
British Government this distinction was ignored, and conditional as
well as absolute contraband was seized when bound for Germany through
neutral countries.
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