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 extension of the doctrine of continuous voyage, and the prevention
of all sea-borne trade to or from Germany: those are the two main
problems. The remainder are smaller things, although in many ways
interesting and important. In all of them, I think, the central fact is
that we have extended some existing doctrine of international law to
meet the special situations produced by this war. I do not say that in
all cases we have decided rightly. Sir Edward Grey has definitely
offered to submit to a convention after the war the whole question of
what is called "The Freedom of the Seas," and such a convention will
probably settle some of these points in our favour and some against us.
At present there is no convention either existing or possible. There is
no fixed code of the sea and never has been. We have to use our own
tribunals, which administer international law to the best of their
ability according to precedent. They have on certain occasions decided
that our government has gone wrong and can be compelled to pay damages;
they have decided that certain orders in council were against
international law and have disallowed them. They have, I may note in
passing, declined to admit the plea of the Crown that it was following
an American precedent which was afterwards embodied in an act of the
United States Congress, on the ground that the said precedent and act
were too oppressive. The United States claimed that the government could
requisition any goods or ships which had been captured by their fleet,
without previous trial.[1] When the convention comes to sit on these
questions which we have tried to settle, they will probably, as I said
before, decide some for and some against us; but I am confident that
they will not find that our courts have acted with either levity or
rapacity.
I mention summarily the chief remaining points. We treat "bunker coal of
enemy origin" as contraband; and Mr. Bullard considers this as
absolutely the very worst thing we have done. He quotes ancient
precedents to show that "things needful for the working of the ship or
comfort of the crew" are not to be treated as contraband. But the
rulings in question all date from before the time of steam and refer to
sailing ships. Coal is admittedly in a special position, and
international law has not yet pronounced upon it.
Thus far, then, our "very worst" offence is not so serious. But perhaps
it is our motive that is so infamous? Our motive is simple. As explained
above, we do not allow traders to carry through our lines goods
intended for the enemy, and we ask all traders for an assurance that
they are not doing so. If they refuse to give this assurance, and if
further we find them buying enemy coal, we treat them as if they had
been buying any other enemy goods. What does the enemy do to ships from
England or Russia in the Baltic? And do we ever think of complaining?
[Footnote 1: Judicial Committee of Privy Council, in the _Zamora_ case,
April 7, 1916.]
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