History of the United States, Volume 4Andrews, Elisha Benjamin
History
History of the United States, Volume 4
Andrews, Elisha Benjamin
United States -- History
"First: To use due diligence to prevent the fitting out, arming or
equipping, within its jurisdiction, of any vessel which it has
reasonable ground to believe is intended to cruise or to carry on war
against a power with which it is at peace, and also to use like
diligence to prevent the departure from its jurisdiction of any vessel
intended to cruise or carry on war as above, such vessel having been
specially adapted, in whole or in part, within such jurisdiction, to
warlike use.
"Secondly: Not to permit or suffer either belligerent to make use of its
ports or waters as the base of naval operations against the other, or
for the purpose of the renewal or augmentation of military supplies or
arms, or the recruitment of men.
"Thirdly: To exercise due diligence in its own ports and waters, and as
to all persons within its jurisdiction, to prevent any violation of the
foregoing obligations and duties."
Great Britain denied, in the text of the treaty, that these rules were a
true statement of the principles of international law in force during
the Rebellion, but consented that the "Alabama Claims" should be decided
in accordance with them. Both countries also agreed to abide by them in
future and to invite other maritime powers to do the same.
Questions being raised by the counsel as to the interpretation of
certain terms and the scope of certain provisions in the three rules,
the tribunal found it necessary to make the following preliminary
decisions:
1. The meaning of "due diligence." The tribunal took the ground that
what constitutes "due diligence" varies with the circumstances of the
case. The greater the probable damage to either belligerent, the greater
must be the care taken by the neutral government to prevent the escape
of cruisers from its ports.
2. Should a neutral detain an escaped cruiser when it re-enters the
neutral's jurisdiction, the cruiser having in the meantime been
regularly commissioned by its government? The arbitrators decided that
the neutral had a right to detain such a cruiser, in spite of its
commission, but was under no positive obligation to do so.
3. Does a neutral's responsibility end with the enforcement of its local
laws to prevent the escape of cruisers, even if those laws are
inadequate? Decision was given that the case must be determined by
international law and not by national legislation. If a country's
regulations for carrying out its acknowledged international duties are
ineffective, they ought to be changed.
These decisions in international law, coming from so exalted a source,
were of world-wide significance. The verdict on the facts in the case
had, however, more immediate interest for the two contestants.
Public-domain text, read in full here on John Shaqi.
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