Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'Murray, Gilbert
History
Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'
Murray, Gilbert
Bullard, Arthur, 1879-1925. Our relations with Great Britain; World War, 1914-1918 -- Blockades
The cases of four ships, the _Kim_, _Alfred Nobel_, _Björnstjerne
Björnsen_, and _Friedland_, were considered between July and September,
1915, when judgment was given on all four together. The cargoes had been
seized and there were numerous claims against the British Government for
compensation. Some of these were allowed by the High Court on various
grounds, but most were rejected. The main facts were as follows. Certain
exporters, mostly American, sent to Copenhagen enormous quantities of
lard and "fat backs," which were in great demand in Germany. They
contain glycerine, which is the basis of various explosives. There is no
beast so charged with potential explosive as a fat hog. More lard was
thus sent to Copenhagen in three weeks than had entered the whole of
Denmark in the previous eight years. There are differences of detail in
the various transactions, but one company, for instance, consigned its
goods to an anonymous agent in Copenhagen, who had no address beyond a
hotel where he happened to be staying, and who proved to be their
permanent representative in Hamburg. The company a little later received
a telegram from this Hamburg agent saying, "Don't ship lard Copenhagen,
export prohibited" (i.e. export to Germany was prohibited by the Danish
Government). In other cases there were misleading descriptions o£ goods
and deceptive consignments. There was not the remotest possibility of
question that the fat backs and lard were in the main meant for German
explosives. Our High Court gave the benefit of the doubt to those
claimants whose case seemed really doubtful.
So far can anyone blame us? Can any reasonable person argue that Germany
ought, by international law, to be free to import all the explosives she
liked, under the nose of the Allied fleets, by simply making them land
at Copenhagen instead of Hamburg?
But now difficulties begin. I will not spend time on the curious
argument that continuous voyage, though it applies to absolute
contraband, should not apply to conditional contraband. A compromise on
these lines had been proposed in the Declaration of London, but is
obviously illogical. Neither will I discuss the point, dear to technical
lawyers, that the doctrine of continuous voyage, though sound for
contraband, perhaps does not apply to blockade, on the ground that the
cargo may continue its journey by land and a blockade by land is not a
blockade but a siege. Such an objection, if correct, can hardly be said
to "apply the essence of international law to present-day questions."
Public-domain text, read in full here on John Shaqi.
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